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HomeMy WebLinkAbout97-40 - Resolutions RESOLUTION NO. 97-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 97-16 FOR A REQUEST TO CONSTRUCT A 12,664 SQUARE FOOT RESTAURANT WITH A FULL BAR FACILITY ON A 3.16-ACRE PAD IN THE TERRA VISTA PROMENADE SHOPPING CENTER WITHIN THE COMMUNITY COMMERCIAL DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-39. A. Recitals. 1. OSF International, Inc., has filed an application for the issuance of Conditional Use Permit No. 97-16, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 9th day of July 1997, 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. 3. 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 the substantial evidence presented to this Commission during the above- referenced public hearing on July 9, 1997, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the northwest corner of Foothill Boulevard and Rochester Avenue with a Foothill Boulevard street frontage of approximately 480 feet and lot depth of approximately 239 feet and which is presently improved with curb, gutter, sidewalk, and an on-site Activity Center extension with a fountain and landscape improvements; and b. The properties to the north, east, and west of the subject site are vacant and the property to the south consists of a commercial recreation center with restaurant; and c. The application contemplates the construction of a 12,664 square foot sit-down restaurant with a full bar facility and a 900 square foot outdoor waiting area; and d. The application contemplates the modification or relocation of an art piece that was planned for the on-site Activity Center, but the originally approved position will now conflict with the improvements proposed under this application; and e. The building proposed under this application has been architecturally designed and plotted consistent with the intent and policies within the Foothill Boulevard Specific Plan for buildings within Activity Centers. PLANNING COMMISSION RESOLUTION NO. 97-40 CUP 97-16 - OSF INTERNATIONAL, INC. July 9, 1997 Page 2 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. 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. 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. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Commission hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 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 Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) The final design, color, and material of the proposed roof shall be reviewed and approved by the City Planner prior to the issuance of building permits. 2) The signage utilized on the south elevation of the building shall consist of the corporate logo on the area of blank wall near the southeast corner of the building. The sign shall be designed to meet the requirements of the Terra Vista Promenade Uniform Sign Program and the Sign Ordinance, as applicable. The final design of all signage for the business shall be reviewed and approved by the City Planner prior to the issuance of building permits. 3) An outdoor activity area shall be placed on the east side of the building, adjacent to the outdoor plaza for the shopping center. 4) The door for the electrical panel shall be relocated to a wall face that does not directly face the parking lot on the north side of the building, to the satisfaction of the City Planner. 5) The blank face of wall on the north elevation of the building shall be upgraded architecturally, to the satisfaction of the City Planner. In addition, two parking spaces adjacent to the blank wall area on the north side of the building shall be removed and planters provided large enough to accommodate specimen size trees, to the satisfaction of the City Planner. PLANNING COMMISSION RESOLUTION NO. 97-40 CUP 97-16 - OSF INTERNATIONAL, INC. July 9, 1997 Page 3 6) Additional landscaping shall be introduced on the west side of the building, such as plants trained to espaliers that can grow up the walls of the building, to the satisfaction of the City Planner. 7) Shrubs in the form of a dense hedge shall be used to screen the parking areas from the view of perimeter streets, to the satisfaction of the City Planner. 8) Additional pedestrian lighting shall be provided in the Activity Center frontage area, to the satisfaction of the City Planner. 9) Special paving shall be used at the two vehicular access points to the parcel and within the handicapped parking areas, to the satisfaction of the City Planner. 10) The wall on the west side of the stairs leading down to the Foothill Boulevard Activity Center sidewalk shall have the same flagstone material applied that is used on the existing fountain. 11) Vines shall be provided to grow over the overhead trellis in the outdoor waiting area to provide additional shade, to the satisfaction of the City Planner. 12) The proposed transformer shall be screened from view through the use of low walls, landscaping, or a combination thereof. 13) A paved and marked vehicular turnaround area shall be provided north of the northern extension of the proposed parking area, to the satisfaction of the City Planner and the Rancho Cucamonga Fire Protection District. Engineering Division 1) The traffic signal at Rochester Avenue and Chervil Street shall be installed upon any development within Phase 2 of the Terra Vista Promenade (CUP 95-11). The signal shall be operational prior to occupancy. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JULY 1997. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: a opp i-vid Barker, C airman PLANNING COMMISSION RESOLUTION NO. 97-40 CUP 97-16 - OSF INTERNATIONAL, INC. July 9, 1997 Page 4 l/ ATTEST: Brad ire ary I, Brad 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 9th day of July 1997, by the following vote-to-wit: AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, MCNEIL, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE tip COMMUNITY DEVELOPMENT Zt s. DEPARTMENT STANDARD CONDITIONS PROJECT#: CONDITIONAL USE PERMIT 97-16 SUBJECT: 12,664 SQUARE FOOT RESTAURANT APPLICANT: OLD SPAGHETTI FACTORY, INTERNATIONAL LOCATION: NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909)477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. Time Limits Completion Date 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. Prior to recordation of the final map or prior to the 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 the 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 the Foothill Boulevard Specific Plan. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_ submitted for City Planner review and approval prior to the issuance of building permits. 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/ /_ 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. sC-6/97 1 Project No. CUP 97-16 Completion Date 4. Approval of this request shall not waive compliance with all sections of the Development Code, /_/_ all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 5. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the City Planner and Police Department (477-2800) 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. 6. Trash receptacle(s)are required and shall meet City standards. The final design, locations, and _/ /_ the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 7. 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. For single family residential developments, transformers shall be placed in underground vaults. 8. All building numbers and individual units shall be identified in a clear and concise manner, /_/_ including proper illumination. C. Shopping Centers 1. Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner: a. Architecturally integrated into the design of(the shopping center/the project). _/ /_ b Separate pedestrian access that does not require the opening of the main doors and to / /_ include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. _/_/_ d. Roll-up doors. _/ /_ e. Trash bins with counter-weighted lids. _/ /_ Architecturally treated overhead shade trellis. _/_/_ g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed _/ /_ to be hidden from view. 2. Graffiti shall be removed within 72 hours. / / 3. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / /_ debris remain for more than 24 hours. 4. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an / /_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m and 65 dB during the hours of 7 a.m. until 10 p.m. sc-6re7 2 Project No. CUP 97-16 Completion Date b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, / /_ or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 5. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. / /_ They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits. 6. The lighting fixture design shall compliment the architectural program. It shall include the plaza / /_ area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. D. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or / /_ projections, shall be shielded from view and the sound buffered 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. E. 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 / /_ 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. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more / /_ parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped. 5. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. / 6. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily /_/_ residential projects or more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent on the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. SC-6/97 3 Project No. CUP 97-16 Completion Date F. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping _/_/_ in this 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 in / /_ accordance with the Municipal Code Section 19.08.110, and so noted on the 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 20% of trees planted within the project shall be specimen size trees- 24-inch box _/ /_ or larger. 4. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking / /_ stalls, sufficient to shade 50% of the parking area at solar noon on August 21. 5. 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. 6. All private slopes of 5 feet or less in vertical height and of 5:1 or greater 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. 7 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater / /_ 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 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. 8. For multi-family residential and non-residential development, property owners are responsible 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 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. 9. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be 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. 10. 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. 11. All walls shall be provided with decorative treatment. If located in public maintenance areas, the /_/_ design shall be coordinated with the Engineering Division. sc•6/97 4 Project No CUP 97-16 Completion Date 12. 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. G. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _/ /_ 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. H. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Site Development 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical _/ /_ 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 commercial or industrial development or addition /_/_ to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. 3. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and _/_/_ prior to issuance of building permits. J. 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 / /_ perform such work. 3. The final grading plans shall be completed and approved prior to issuance of building permits. _/_/_ APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909)477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: K. General Fire Protection Conditions 1. Fire flow requirement shall be 1 000 gallons per minute. / /_ SC-6197 5 Project No. CUP 97-16 Completion Date a. A fire flow shall be conducted by the builder/developer and witnessed by fire department _/ /_ personnel prior to water plan approval. b. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall _/_/_ be conducted by the builder/developer and witnessed by the fire department personnel after construction and prior to occupancy. 2. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed _/_/_ and operable prior to delivery of any combustible building materials on site (i.e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 3. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, _/_/_ if any, will be determined by the Fire District. Fire District standards require a 6" riser with a 4" and a 2-1/2"outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. 4. Prior to the issuance of building permits for combustible construction, evidence shall be submitted _/_/_ to the Fire District that an approved temporary water supply for fire protection is available, pending completion of required fire protection system. 5. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final _/_/_ inspection. 6 Roadways within project shall comply with the Fire District's fire lane standards, as noted: / All roadways per Rancho Cucamonga Fire Protection District Ordinance 22. / / 7. Plan check fees in the amount of$0 have been paid. An additional $125.00 shall be paid. ✓ Prior to final plan approval. / / Note: Separate plan check fees for fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 8. Plans shall be submitted and approved prior t0 construction in accordance with 1994 UBC, UFC, _/ /_ UPC, UMC, NEC, and RCFD Standards 22 and 15. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909)477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. / /_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with /_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. _/_/_ SC-6197 6 Project No. CUP 97-16 Completion Date M. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within _/_/_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. N. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted _/ /_ from frame or track in any manner. O. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/ /_ visibility. P. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and / /_ employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. SC-6197 7