HomeMy WebLinkAbout98-30 - Resolutions RESOLUTION NO. 98-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 97-36 FOR THE CONSTRUCTION OF A GAS STATION/MINI-
MARKET FACILITY, WITH SELF-SERVE DRIVE-THRU CAR WASH, ON A
1.06 ACRE PARCEL WITHIN THE FOOTHILL MARKETPLACE SHOPPING
CENTER, WITHIN THE REGIONAL RELATED COMMERCIAL DISTRICT
(SUBAREA 4) OF THE FOOTHILL BOULEVARD SPECIFIC PLAN,
LOCATED ON THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD
AND MARKETPLACE DRIVE, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 229-031-34.
A. Recitals.
1. RFA, Inc. has filed an application for the issuance of Conditional Use Permit No. 97-36,
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 April 22, and continued to May 13, 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 April 22, and May 13, 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 at the southwest corner of Foothill
Boulevard and Marketplace Drive with a street frontage of 240 feet and lot depth of 160 feet, full
frontage street improvements are in-place, and the site is presently vacant; and
b. The property to the north of the subject site is developed with a church, the property
to the south consists of retail uses within the Foothill Marketplace Shopping Center, the property to
the east is developed with a restaurant in the Foothill Marketplace Shopping Center, and the property
to the west is vacant with restaurant and mini-lube operation further to the west within the Foothill
Marketplace Shopping Center; and
c. The proposed use is consistent with the General Plan and the Foothill Boulevard
Specific Plan; and
d. The design of the proposed project, together with the conditions of approval, meet
all applicable provisions of the Development Code, Foothill Boulevard Specific Plan, and the drive-
thru policies; and
PLANNING COMMISSION RESOLUTION NO. 98-30
CUP 97-36 - RFA, INC. - CHEVRON
May 13, 1998
Page 2
e. The development of the proposed project would not have a significant impact upon
the environment. The project has been designed to accommodate a right hand turn lane on
Marketplace Drive consistent with the recommendations of the Kimley-Horn and Associates Traffic
Analysis dated August 23, 1995, to help mitigate on-site traffic circulation conflicts; and
f. The application proposes a use which serves local needs for automobile related
services by providing gasoline dispensing, a car wash, and a convenience market in close and
convenient proximity to the 1-15 Freeway and Foothill Boulevard; and
g. The project will include landscaped berms along the Foothill Boulevard frontage
which will soften views of the drive-thru lane, car wash, and gas pump island area; and
h. The proposed parking is adequate to meet code requirements; and
i. The proposed use is consistent with the approved Master Plan for the Foothill
Marketplace Shopping Center.
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 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 the Foothill Boulevard Specific Plan.
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, together with all written and oral reports included for the environmental assessment for
the application, the Planning Commission finds that there is no substantial evidence that the project
will have a significant effect upon the environment and adopts a Mitigated Negative Declaration
based upon the findings as follows:
a. The Mitigated Negative Declaration has been prepared in compliance with the
California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines
promulgated thereunder; said Mitigated Negative Declaration and the Initial Study prepared therefore
reflect the independent judgment of the Planning Commission; and, further, this Commission has
reviewed and considered the information contained in said Mitigated Negative Declaration with
regard to the application.
b. Based upon the changes and alterations which have been incorporated into the
proposed project, no significant adverse environmental effects will occur.
c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of
Regulations, the Planning Commission finds as follows: In considering the record as a whole, the
Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the
proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon
PLANNING COMMISSION RESOLUTION NO. 98-30
CUP 97-36 - RFA, INC. - CHEVRON
May 13, 1998
Page 3
which wildlife depends. Further, based upon substantial evidence contained in the Mitigated
Negative Declaration, the staff reports and exhibits, and the information provided to the Planning
Commission during the public hearing, the Planning Commission hereby rebuts the presumption of
adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations.
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 approval is for a 2,929 square foot service station/convenience
mart, a 3,230 square foot canopy, and an 850 square foot self-service
drive-thru car wash.
2) Provide substantial (3-inch wide minimum) members for metal trellis
work.
3) Provide single color for pump island canopy fascia.
4) Eliminate red stripe from east elevation of service station building.
5) Provide vine pockets or irrigated vine pots at base of trellis columns
and train vines to climb trellis work.
6) Provide intensified landscaping and berms within streetscape setbacks
to screen canopy island area, drive-thru, and car wash entry as much
as possible.
7) Provide minimum 5-foot setback between trash enclosure and west
property line.
8) The building materials and colors, signs, design of the trash enclosure,
light standards, pots, trash receptacles, and hardscape treatment shall
be consistent with the Foothill Marketplace Shopping Center.
9) Above-ground mechanical equipment, such as transformers, shall be
completely screened from public view through shrub hedges or low
walls.
10) Continue decorative paving from pathway along south project boundary
through to handicapped parking stall to provide pedestrian connection
to building entry to the satisfaction of the City Planner.
Environmental Mitigation Measures
1) Prior to issuance of building permits, an easement or other form of
"right to access agreement" shall be provided to accommodate the
future construction of a third southbound lane on Marketplace Drive
between Foothill Boulevard and Street "C" (the first east-west
street/driveway south of Foothill Boulevard) consistent with the
recommendations of the Kimley-Horn and Associates Traffic Analysis
dated August 23, 1995, to the satisfaction of the City Planner.
PLANNING COMMISSION RESOLUTION NO. 98-30
CUP 97-36 - RFA, INC. - CHEVRON
May 13, 1998
Page 4
2) Prior to issuance of building permits, the applicant shall have prepared
construction plans for installation of a third southbound lane on
Marketplace Drive between Foothill Boulevard and Street "C" (the first
east-west street/driveway south of Foothill Boulevard) consistent with
the recommendations of the Kimley-Horn and Associates Traffic
Analysis dated August 23, 1995, to the satisfaction of the City Planner.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 13TH DAY OF MAY 1998.
PLANNING COMMIS •N 0 THE CITY OF RANCHO CUCAMONGA
BY: . AE bV
E. D- - airman
ATTEST: _ a __ -
Brad B ecrer
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 13th day of May 1998, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, BETHEL, MACIAS
NOES: COMMISSIONERS: MCNIEL, TOLSTOY
ABSENT: COMMISSIONERS: NONE
re* COMMUNITY DEVELOPMENT
S. DEPARTMENT
'
STANDARD CONDITIONS
PROJECT#: Conditional Use Permit 97-36
SUBJECT: New Chevron service station/car wash/mini-mart
APPLICANT: RFA, Inc./Chevron
LOCATION: Southwest corner Foothill Boulevard and Marketplace Drive
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.• General Requirements Completion Date
1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/ /_
agents, officers, or employees, because of the issuance of such approval, or in the alternative,
to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or
employees, for any Court costs and attorney's fees which the City, its agents, officers, or
employees may be required by a court to pay as a result of such action. The City may, at its
sole discretion, participate at its own expense in the defense of any such action but such
participation shall not relieve applicant of his obligations under this condition.
B. Time Limits
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.
C. 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. 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.
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Project No. CUP 97-36
Completion Date
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / /_
State Fire Marshal 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 buildings 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 the issuance of building permits.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. All building numbers and individual units shall be identified in a clear and concise manner, / /_
including proper illumination.
D. Shopping Centers
1. A uniform hardscape and street furniture design including seating benches, trash receptacles, / /_
free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with
the architectural style. Detailed designs shall be submitted for Planning Division review and
approval prior to the issuance of building permits.
2. 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. _/_/_
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Project No. CUP 9736
Completion Date
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.
3. Graffiti shall be removed within 72 hours. / /
4. 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.
•
5. 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.
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.
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.
•
E. 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.
F. 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.
G. 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. 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.
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Project No. CUP 97-36
Completion Date
3. 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.
4. 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.
5. 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.
6. 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.
7. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering / /_
sidewalks (with horizontal change), and intensified landscaping, is required along Foothill
Boulevard per Foothill Boulevard Specific Plan.
8. 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.
9. All walls shall be provided with decorative treatment. If located in public maintenance areas, the / /_
design shall be coordinated with the Engineering Division.
10. 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.
11. 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.
H. 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.
Environmental
1. Mitigation measures are required for the project. The applicant is responsible for the cost of / /_
implementing said measures, including monitoring and reporting. Applicant shall be required to
post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the
amount of $719.00, prior to the issuance of building permits, guaranteeing satisfactory
performance and completion of all mitigation measures. These funds may be used by the City
to retain consultants and/or pay for City staff time to monitor and report on the mitigation
measures. Failure to complete all actions required by the approved environmental documents
shall be considered grounds for forfeit.
sc-3/98 4
Project No. CUP 97-36
Completion Date
In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), the
applicant shall provide a written monitoring and reporting program to the City Planner prior to
issuance of building permits. Said program shall identify the reporter as an individual qualified
• to know whether the particular mitigation measure has been implemented.
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, Title 24 Accessibility requirements, 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.
K. New Structures
1. Roofing material shall be installed as for wind-resistant roof covering at wind velocity not less than _/_/_
90 mph.
L. 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:
M. General Fire Protection Conditions
•
1. Fire flow requirement shall be 3,000 gallons per minute. / /
a. A fire flow shall be conducted by the builder/developer and witnessed by fire department / /_
personnel prior to water plan approval:
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Project No. CUP 97-36
Completion Date
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. 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.
3. Plan check fees in the amount of$465.00 shall be paid:
X 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.
4. Plans shall be submitted and approved prior to construction in accordance with 1994 UBC, UFC, / /_
UPC, UMC, NEC, and RCFD Standards 22 and 15.
N. Special Permits
1. Special permits may be required, depending on intended use, as noted below:
a. General Use Permit shall be required for any activity or operation not specifically described /_/_
below, which in the judgement of the Fire Chief is likely to produce conditions hazardous
to life or property.
APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909)477-2800, FOR COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
O. Security Hardware
1. All roof openings giving access to the building shall be secured with either iron bars, metal gates, _/ /_
or alarmed.
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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