HomeMy WebLinkAbout98-04 - Resolutions RESOLUTION NO. 98-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 97-42, A REQUEST TO CONSTRUCT A 5,500 SQUARE FOOT
RESTAURANT ON A 1.1 ACRE PARCEL WITHIN THE FOOTHILL
MARKETPLACE SHOPPING CENTER WITHIN THE COMMUNITY
COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC
PLAN, LOCATED SOUTH OF FOOTHILL BOULEVARD AND IMMEDIATELY
EAST OF INTERSTATE 15, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 229-031-40.
A. Recitals.
1. L& M Restaurants has filed an application for the issuance of Conditional Use Permit No.
97-42, 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 28th day of January 1998, 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 substantial evidence presented to this Commission during the above-
referenced public hearing on January 28, 1998, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located south of Foothill Boulevard and east of
Interstate 15 on a 1.1 acre hydroseeded parcel, located within the Foothill Marketplace Shopping
Center with an Interstate 15 frontage of approximately 405 feet and maximum lot depth of
approximately 290 feet and is presently improved with curb and gutter along its perimeter; and
b. The property to the north and west is Caltrans right-of-way currently used as the
northbound off-ramp for Interstate 15, the property to the south is developed with a field of parking
for buildings in the immediate area, including Sport Chalet and Circuit City, and the property to the
east is developed with a sit-down restaurant; and
c. The application contemplates the construction of a 5,500 square foot restaurant
with a 1,050 square foot outdoor eating area on a vacant pad within the Foothill Marketplace
Shopping Center. The approved Master Shopping Center Site Plan indicates a 12,210 square foot
retail building on the parcel in question; and
d. The property is zoned Community Commercial by the Foothill Boulevard Specific
Plan; and
PLANNING COMMISSION RESOLUTION NO. 98-04
CUP 97-42 - L & M RESTAURANTS
January 28, 1998
Page 2
e. The property will gain vehicular access via the existing internal circulation system
and existing points of access off the perimeter public street system.
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 Foothill Boulevard Specific Plan, 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 and Foothill Boulevard Specific Plan.
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. A Negative Declaration was previously approved for the shopping
center project of which this pad is a part.
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) Metal trellises, identical to those used on other buildings in the Foothill
Marketplace Shopping Center, such as Hollywood Video, shall be used
on the building in blank wall areas with vine materials trained to grow
up onto the trellises, to the satisfaction of the City Planner.
2) The sidewalk connection shall be continued to the southeast corner of
the parcel in order to facilitate crossing at the four-way intersection east
of the site, to the satisfaction of the City Planner.
3) A landscaped area, large enough to accommodate mature trees, shall
be provided between the trash enclosure and the first parking space to
the south, to the satisfaction of the City Planner.
4) The final design of the overhead trellis structure over the outdoor eating
area, along with other external pedestrian furniture, such as benches,
bicycle racks, trash receptacles, etc., shall be reviewed and approved
by the Planning Division, prior to the issuance of building permits. The
trellis members and column design shall be consistent with other
overhead trellises already used throughout the shopping center.
5) All signage proposed for the facility shall be in conformance with the
approved Uniform Sign Program for the Foothill Marketplace Shopping
Center.
PLANNING COMMISSION RESOLUTION NO. 98-04
CUP 97-42 - L & M RESTAURANTS
January 28, 1998
Page 3
6) The final design of the proposed awnings and outdoor tables and
umbrellas Of applicable) shall be reviewed and approved by the
Planning Division, prior to the issuance of building permits. Awnings
and umbrellas shall be of a solid color and not contain any
advertisements.
7) Special paving consistent with that already used within the shopping
center shall be provided in key pedestrian areas and in handicapped
parking stalls, to the satisfaction of the Planning Division.
8) The on-site vehicular intersection adjacent to and east of the Oil Max
facility shall be re-striped and re-signed as a controlled four-way stop,
to the satisfaction of the City Planner and City Engineer.
9) All applicable Conditions of Approval from the original Resolutions of
Approval for the Foothill Marketplace Shopping Center (Resolution Nos.
91-86, 91-248, and 91-86A) shall apply to this project.
Engineering Division
1) The 4-foot long section of missing sidewalk along the shopping center's
Etiwanda Avenue frontage, near the southeast corner of the site, shall
be completed to the satisfaction of the Engineering Division prior to
occupancy of the new restaurant facility.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY 1998.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
a
BY:
=•-fir, Chairman
ATT - :
Brad :-.41011r ecre
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 28th day of January 1998, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MCNIEL
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: Conditional Use Permit 97-42
SUBJECT: 5,500 square foot restaurant on 0.7 acre pad
APPLICANT: L & M Restaurants
LOCATION: 12469 Foothill Boulevard (Foothill Marketplace)
PLEASE CHECK THE STANDARD CONDITIONS THAT 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, 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.
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Project No. CUP 97-42
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.
9. 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 approved prior to
the issuance of building permits.
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. _/_/_
f. 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. 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.
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Project No. CUP 9742
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Completion Date
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.
2. For commercial and industrial projects, paint roll-up doors and service doors to match main _/_/_
building colors.
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. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_
and exits shall be striped per City standards.
3. 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.
4. 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.
F. Landscaping
1. A detailed landscape and irrigation plan, including slope planting and model home landscaping /_/_
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 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 industrial projects, and a minimum of 30% within _/ /
commercial and office projects, 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.
SC-997 3
Project No. CUP 97-42
Completion Date
6. 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.
7. All walls shall be provided with decorative treatment. If located in public maintenance areas, the _/_/_
design shall be coordinated with the Engineering Division.
8. 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.
9. On projects which abut the 1-15 Freeway, the developer shall provide landscaping within the _/_/_
freeway right-of-way along the boundary of this project or pay an in-lieu of construction cash
deposit. The landscape and irrigation plans shall be prepared in conformance with the Caltrans
Master Planting Plan for the 1-15 Freeway through the City of Rancho Cucamonga. Plans shall
be reviewed and approved by the City Planner and City Engineer. Landscape and irrigation shall
be installed prior to the release of occupancy of the project. If final approvals and/or installation
is not complete at that time, the City will accept a cash deposit for future landscaping of the
Caltrans right-of-way.
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. Environmental
1. 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.
I. 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:
J. 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
SC-9/97 4
Project No. CUP 97-42
Completion Date
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.
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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. 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:
L. General Fire Protection Conditions
1. An automatic fire extinguishing system(s)will be required as noted below:
Per Rancho Cucamonga Fire Protection District Ordinance 15. / /
Other: 1994 UBC. / /
Note: Special sprinkler densities are required for such hazardous operations as
woodworking, plastics manufacturing, spray painting, flammable liquids storage, high piled
stock, etc. Contact the Fire Safety Division to determine if sprinkler system is adequate
for proposed operations.
2. Sprinkler system monitoring shall be installed and operational immediately upon completion of / /_
sprinkler system.
3. A fire alarm system(s) shall be required as noted below:
Per Rancho Cucamonga Fire Protection District Ordinance 15. / /
California Code Regulations Title 24. / /
4. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall _/ /_
be submitted prior to final building plan approval. Contact the Fire Safety Division for specific
details and ordering information.
5. Plan check fees in the amount of$465.00 shall be paid:
Prior to final plan approval. / /
SC-9/97 5
Project No. CUP 97-42
Completion Date
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.
6. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, _/_/_
UPC, UMC, NEC, and RCFD Standards 22 and 15.
M. Special Permits
1. Special permits may be required, depending on intended use, as noted below:
a. Places of assembly (except churches, schools, and other non-profit organizations). _/_/_
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909)477-2800, FOR COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
N. 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. / /_
O. 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.
P. Windows
1. Store front windows shall be visible to passing pedestrians and traffic. / /_
Q. Building Numbering
1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/ /_
visibility.
R. 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.
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