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HomeMy WebLinkAbout92-90 - Resolutions RESOLUTION NO. 92-90 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 92-05, A REQUEST TO CONSTRUCT A 2,912 SQUARE FOOT FAST FOOD RESTAURANT (WITH DRIVE-THRU) WITHIN A PREVIOUSLY APPROVED COMMERCIAL RETAIL CENTER IN THE REGIONAL RELATED COMMERCIAL DESIGNATION (SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD BETWEEN I-15 AND ETIWANDA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-031-03 THROUGH 13, 15, 16, 20, AND A PORTION OF 59. A. Recitals. (i) In-N-Out Burger has filed an application for the issuance of the Conditional Use Permit No. 92-05 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application. " (ii) On the 24th day of June 1992, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (iii) All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on June 24, 1992, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application applies to property located on the south side of Foothill Boulevard, east of the Interstate 15 freeway, with a street frontage of approximately 230 feet and a lot depth of 145 feet. The site is currently being rough graded; and (b) The property to the north of the subject site is zoned for commercial uses and is developed with a church. The property to the south and east is designated for commercial uses and is being graded for a commercial retail center. The property to the west is designated for commercial uses and has been set aside for the future freeway off-ramp; and PLANNING COMMISSION RESOLUTION NO. 92-90 CUP 92-05 - IN-N-OUT BURGER June 24, 1992 Page 2 (c) The project will comply with all minimum standards of the City of Rancho Cucamonga; and (d) The development of a 2,912 square foot fast food restaurant is consistent with the Regional Related Commercial designation of the Foothill Boulevard Specific Plan and the commercial designation of the General Plan. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. This Commission hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and a Negative Declaration was issued by the City Council on August 21, 1991. Further, this Commission finds that the application is in substantial compliance with the original approval for which the Negative Declaration was issued. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached Standard Conditions, attached hereto and incorporated herein by this reference. 1) All pertinent conditions of Conditional Use Permit 90-37 and Parcel Map No. 13724 shall apply. 2) A minimum 5-foot landscape setback shall be maintained along the freeway right-of-way. The final plans shall be reviewed and approved by the City Planner prior to the issuance of building permits. 3) Noise levels measured at the property line shall not exceed the level of background noise normally found in the area. PLANNING COMMISSION RESOLUTION NO. 92-90 CUP 92-05 - IN-N-OUT BURGER June 24, 1992 Page 3 4) The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties. For drive-thru restaurants or other uses which typically generate trash or litter, adequate trash containers, as determined by the City Planner, shall be required and employees shall be required daily to pick up trash or litter originating from the site upon the site and within 300 feet of the perimeter of the property. 5) All graffiti shall be removed within 72 hours. 6) No undesirable odors shall be generated on the site. 7) The on-site manager of the use shall take whatever steps are deemed necessary to assure the orderly conduct of employees, patrons, and visitors on the premises. 8) A copy of these performance standards and all Conditional Use Permit conditions of approval shall be posted along with the necessary business licenses and be visible at all times to employees. 9) Additional screening shall be provided along the east side of the drive-thru lane. The final design shall be reviewed and approved by the City Planner prior to the issuance of building permits. 10) The wall relief at the north window on the east elevation shall be arched consistent with the windows on the north elevation. The final plans shall be reviewed and approved by the City Planner prior to the issuance of building permits. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 1992. PLANNING. CO., ISSION •7 THE CIT OF . • CHO CUCAMONGA f BY: '-4/ �/ _ , L arry T McNiel, Chairman PLANNING COMMISSION RESOLUTION NO. 92-90 CUP 92-05 - IN-N-OUT BURGER June 24, 1992 Page 4 ATTEST: �a! . I Bra , ', Ilrr I, ;rad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 24th day of June 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VALLETTE 60Y, OF DEPARTMENT OF RAM"a cucAt"meA COMMUNITY DEVELOPMENT STANDARD CONDITIONS PROJECT#: /ONDijOW4G l/ ,eMi1- 72-65 SUBJECT: Aar ,4aO S ,e41 - _ APPLICANT: 4-A' e-y- aR4E;e LOCATION: ( i6 ycje /LL ct Y 1-/5 / >'/frY4vb4 Those items checked are Conditions of Approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION , (714)989-1861, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Llmfts 1. Approval shall expire,unless extended by the Planning Commission, if building permits are ��- not issued or approved use has not commenced within 24 months from the date of approval. 2. Development/Design Review shall be approved prior to / / , ��- 3. Approval of Tentative Tract No. is granted subject to the approval of 4. The The developer shall commence,participate in,and consummate or cause to be commenced, participated in, or consummated, a Mello-Roos Community Facilities District (CFD) for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The station shall be located,designed, and built to all specifications of the Rancho Cucamonga Fire Protection District, and shall become the District's property upon completion. The equipment shall be selected by the District in accordance with its needs. In any building of a station,the developer shall comply with all applicable laws and regulations.The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 5. Prior to recordation of the final map or the issuance of building permits, whichever comes first, the applicant shall consent to, or participate in, the establishment of a Mello-Roos Community Facilities District for the construction and maintenance of necessary school facilities. However, if any school district has previously established such a Community Facilities District,the applicant shall, in the alternative, consent to the annexation of the project site into the territory of such existing District prior to the recordation of the final map or the issuance of building permits, whichever comes first. Further, if the affected school district has not formed a Mello-Roos Community Facilities District within twelve months from the date of approval of the project and prior to the recordation of the final map or issuance of building permits for said project, this condition shall be deemed null and void. sc - 2/91 1 Project No.:' 912'45 Completion Date: This condition shall be waived if the City receives notice that the applicant and all affected school districts have entered into an agreement to privately accommodate any and all school impacts as a result of this project. 6. Prior to recordation of the final map or prior to issuance of building permits when no map is _/ /- involved,written certification from the affected water district that adequate sewer and water facilities are or will be available to serve the proposed project shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to issuance of permits in the case of all other residential projects. B. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations,exterior materials and colors,landscaping,sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and /%/ iededevaed Specific Plan and Planned Community. 2. Prior to any use of the project site or business activity being commenced thereon, all / / Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facility shall not commence until such time as all Uniform Building Code and _1_1_ State Fire Marshall's regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The building shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /- submitted for City Planner review and approval prior to issuance of building permits. ✓ 5. All site,grading,landscape, irrigation,and street improvement plans shall be coordinated for J-J- consistency prior to issuance of any permits(such as grading,tree removal,encroachment, building , etc.), or prior to final map approval in the case of a custom lot subdivision, or • approved use has commenced,whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community Plans or Specific Plans in effect at the time of Building Permit issuance. ✓ 7. A detailed on-site lighting plan shall be reviewed and approved by the City Planner and JJ- Sheriff's Department (989-6611) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided,all trash pick-up shall be for individual units / /- with all receptacles shielded from public view. 9. Trash receptacle(s)are required and shall meet City standards. The final design,locations, J—J- and the number of trash receptacles shall be subject to City Planner review and approval prior to issuance of building permits. 10.All ground-mounted utility appurtenances such as transformers,AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls. berming, and/or landscaping to the satisfaction of the City Planner. sc - 2/91 2 Protect.o.:(up P2.05 C noletion Date: 11.Street names shall be submitted for City Planner review and approval in accordance with / j_ the adopted Street Naming Policy prior to approval of the final map. 12.All building numbers and individual units shall be identified in a clear and concise manner, JJ- including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and JJ- weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans.Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14.The Covenants,Conditions and Restrictions(CC&Rs)shall not prohibit the keeping of equine JJ_ animals where zoning requirements for the keeping of said animals have been met.Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors or homeowners' associations for amendments to the CC&Rs. 15.The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the JJ- Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. 16. All parkways, open areas,and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approval prior to issuance of building permits. 17. Solar access easements shall be dedicated for the purpose of assuming that each lot or J�- dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system.The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 18. The project contains a designated Historical Landmark. The site shall be developed and _1_1_ maintained in accordance with the Historic Landmark Alteration Permit No. . Any further modifications to the site including,but not limited to,exterior alterations and/or interior alterations which affect the exterior of the buildings or structures,removal of landmark trees,demolition,relocation,reconstruction of buildings or structures,or changes to the site, shall require a modification to the Historic Landmark Alteration Permit subject to Historic Preservation Commission review and approval. C. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units JJ_ and for heating any swimming pool or spa, unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. 2. All dwellings shall have the front, side and rear elevations upgraded with architectural J—J treatment, detailing and increased delineation of surface treatment subject to City Planner review and approval prior to issuance of building permits. SC - 2/91 3 project so.:eup YZ-cS Comdction Date: 3. Standard patio cover plans for use by the Homeowners' Association shall be submitted for /- City Planner and Building Official review and approval prior to issuance of building permits. 4. All roof appurtenances,including air conditioners and other roof mounted equipment and/or JJ- projections,shall be shielded from view and the sound buttered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. D. Parking and Vehicular Access (Indicate details on building plans) ✓ 1. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _1_1_ contain a 12-inch walk adjacent to the parking stall (including curb). 2. Textured pedestrian pathways and textured pavement across circulation aisles shall be —/�- provided throughout the development to connect dwellings/units/buildings with open spaces/ plazas/recreational uses. ✓ 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. All units shall be provided with garage door openers if driveways are less than 18 feet in J�- depth from back of sidewalk. 5. The Covenants,Conditions and Restrictions shall restrict the storage of recreational vehicles —/—/- on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 6. Plans for any security gates shall be submitted for the City Planner, City Engineer, and JJ- Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. E. Landscaping (for publicly maintained landscape areas, refer to Section N.) 1. A detailed landscape and irrigation plan,including slope planting and model home landscap- ing in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier JJ- in accordance with the Municipal Code Section 19.08.110,and so noted onthe grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting and trimming methods. 3. A minimum of trees per gross acre,comprised of the following sizes,shall be provided JJ- within the project: %-48-inch box or larger, %-36-inch box or larger, - 24- inch box or larger, %- 15-gallon, and % - 5 gallon. 4. A minimum of Zt %of trees planted within the project shall be specimen size trees - J�- 24-inch box or larger. 5. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three J /- parking stalls, sufficient to shade 50%of the parking area at solar noon on August 21. SC - 2/91 4 PtoI«I SO rap 91-elS • Completion Date: 6. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 7. All private slope banks 5 feet or less in vertical height and of 5:1 orgreater slope,but less than / /- 2:1 slope, shall be, at minimum,irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 8. All private slopes in excess of 5 f eet,but less than 8 feet in vertical height and of2:1orgreater �—J- slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows:one 15-gallon or larger size tree per each 150 sq.ft.of slope area, 1-gallon or larger size shrub per each 100 sq.ft.of slope area,and appropriate ground cover.In addition,slope banks in excess of 8 feet in vertical height and of 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane.Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 9. For single family residential development, all slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units,an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 10. For multi-family residential and non-residential development, property owners are respon- sible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in a healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 11. Front yard landscaping shall be required per the Development Code and for _J.J_ . This requirement shall be in addition to the required street trees and slope planting. 12.The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be _j /- included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 13.Special landscape features such as mounding,alluvial rock,specimen size trees,meander- —/—/- ing sidewalks (with horizontal change), and intensified landscaping, is required along Fflo/!i►/I Boulevard 14. Landscaping and irrigation systems required to be installed within the public right-of-way on / /_ the perimeter of this project area shall be continuously maintained by the developer. 15. All walls shall be provided with decorative treatment.If located in public maintenance areas, / /- the design shall be coordinated with the Engineering Division. 16.Tree maintenance criteria shall be developed and submitted for City Planner review and ��- approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 17. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. sc - 2/9I 5 Protect.o.AP 72-06' Comekc on Dsic: F. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. J-J- Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. A Uniform Sign Program for this development shall be submitted for City Planner review and approval prior to issuance of building permits. 3. Directory monument sign(s) shall be provided for apartment, condominium, or townhomes JJ- prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. G. Environmental 1. The developer shall provide each prospective buyer written notice of the Fourth Street Rock 1_1_ Crusher project in a standard format as determined by the City Planner,prior to accepting a cash deposit on any property. 2. The developer shall provide each prospective buyer written notice of the City Adopted —/—/— Special Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 3. The developer shall provide each prospective buyer written notice of the Foothill Freeway JJ- project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property. 4. A final acoustical report shall be submitted for City Planner review and approval prior to the / /- issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL,the building materials and construction techniques provided, and if appropriate,verify the adequacy of the mitigation measures.The building plans will be checked for conformance with the mitigation measures contained in the final report. H. Other Agencies ✓ 1. Emergency secondary access shall be provided in accordance with Rancho Cucamonga Fire — /—�- Protection District Standards. ✓ 2. Emergency access shall be provided,maintenance free and clear,a minimum of 26 feet wide —JJ- at all times during construction in accordance with Rancho Cucamonga Fire Protection District requirements. 3. Prior to issuance of building permits for combustible construction, evidence shall be JJ- submitted to the Rancho Cucamonga Fire Protection District that temporary water supply for fire protection is available, pending completion of required fire protection system. 4. The applicant shall contact the U. S. Postal Service to determine the appropriate type and __J location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. 5. For projects using septic tank facilities, written certification of acceptability, including all JJ- supportive information, shall be obtained from the San Bernardino County Department of Environmental Health and submitted to the Building Official prior to the issuance of Septic Tank Permits, and prior to issuance of building permits. sc - 2/91 6 Proiea No./192/2 S Completion Date: APPLICANTS SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (714) 989-1863, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development ✓ 1. The applicant shall comply with the latest adopted Uniform Building Code,Uniform Mechani- cal Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relative permits. Please contact the Building and Safety Division for copies of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s)or major addition to existing unit(s),the applicant shall pay development fees at the established rate. Such fees may include,but are not limited to:City Beautification Fee,Park Fee,Drainage Fee,Systems Development Fee, Permit and Plan Checking Fees, and School Fees. 3. Prior to issuance of building permits for a new commercial or industrial development or _I addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include,but are not limited to:Systems Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 4. Street addresses shall be provided by the Building Official,aftertract/parcel map recordation JJ- and prior to issuance of building permits. J. Existing Structures 1. Provide compliance with the Uniform Building Code for the property line clearances JJ- considering use, area, and fire-resistiveness of existing buildings. 2. Existing buildings shall be made to comply with correct building and zoning regulations for the intended use or the building shall be demolished. 3. Existing sewage disposal facilities shall be removed,filled and/or capped to comply with the _/_/_ Uniform Plumbing Code and Uniform Building Code. 4. Underground on-site utilities are to be located and shown on building plans submitted for JJ- building permit application. K. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code,City �—�- Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to —/-1— perform such work. 3. The development is located within the sod erosion control boundaries; a Soil Disturbance Permit is required.Please contact San Bernardino County Department of Agriculture at(714) 387-2111 for permit application. Documentation of such permit shall be submitted to the City prior to the issuance of rough grading permit. 4. A geological report shall be prepared by a qualified engineer or geologist and submitted at —�—�- the time of application for grading plan check. ✓ 5. The final grading plans shall be completed and approved prior to issuance of building permits. JJ— SC - 2/91 7