Loading...
HomeMy WebLinkAbout99-72 - Resolutions RESOLUTION NO. 99_72 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 99-12, FOR THE DEVELOPMENT OF A FAST FOOD RESTAURANT BUILDING TOTALING 2,478 SQUARE FEET ON A 0.75 ACRE PARCEL WITHIN A PROPOSED SHOPPING CENTER LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF VINEYARD AVENUE IN THE COMMUNITY COMMERCIAL DISTRICT(SUBAREA 2)OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 207-102-21. A. Recitals. 1. Jack in the Box has filed an application for the approval of Development Review No. 99-12, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of July 1999, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on July 14, 1999, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located on the north side of Foothill Boulevard, west of Vineyard Avenue with a street frontage of 163.83 feet along Foothill Boulevard and lot depth of 232.58 feet and is presently vacant; and b. The properties to the north, east, and west of the subject site are currently vacant; however, they are located within a master plan for an approved commercial center, the property to the south is vacant; and c. The application contemplates the development of a 2,478 square foot drive-thru restaurant on a pad designated for drive-thru use within an approved shopping center(Conditional Use Permit 97-19). PLANNING COMMISSION RESOLUTION NO. DR 99-12 - JACK IN THE BOX July 14, 1999 Page 2 d. The design of the proposed project,together with the conditions applicable thereto, meets all applicable provisions of the Development Code, Foothill Boulevard Specific Plan, and drive-thru policies; and e. The project site is located within the Community Commercial District (Subarea 2) of the Foothill Boulevard Specific Plan. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting 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 project is consistent with the objectives of the General Plan;and b. That the proposed use is in accord with the objectives of the Development Code, the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located; and c. That the proposed use is in compliance with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific Plan; and d. 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 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. 1) Extend the use of the river rock veneer to include wainscoting on the boxed out columns on all elevations. 2) Revise the design of the drive-thru aisle screen wall to include a river rock veneer. Provide river rock veneer to the side of the wall subject to public view. The side of the wall adjacent to the drive-thru shall be provided a stucco finish to match the building. The design of the wall shall include a decorative cap. 3) Provide undulated berming to the landscaped area to the west of the restaurant. Grading and project development shall not impact landscaping improvements proposed within the shopping center development. 4) Expand the planter area between the screen wall and the drive-thru aisle, west of the restaurant, to a minimum of 5 feet wide. 5) Provide a stop sign to control the exiting of the drive-thru aisle into the adjacent parking lot drive aisle. PLANNING COMMISSION RESOLUTION NO. 99-72 DR 99-12 - JACK IN THE BOX July 14, 1999 Page 3 6) Special decorative paving used for the entire pedestrian sidewalk system shall be consistent with the approved Master Plan. This includes both the enhanced paving adjacent to the building and across the drive-thru aisle. 7) The development of the project site and surrounding commercial center shall be completed as a single project and shall not be phased. This includes all grading and installation of on-site and off-site improvements for the project site. 8) All conditions of approval for Conditional Use Permit 97-19 shall apply. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF JULY 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: _11101‘...6 A-, • Larry T. cNiel, Chairman ATTEST:/ "✓ �� Br.- : . , Se - -ry 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 14th day of July 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MACIA, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: COMMUNITY DEVELOPMENT S.• DEPARTMENT • STANDARD CONDITIONS PROJECT#: Development Review 99-12 SUBJECT: Jack in the Box APPLICANT: LOCATION: North side of Foothill Boulevard. West of Vineyard Avenue ALL-OF THE FOL:LOW/NG'CONDITIONS"APPLY TO,YOUR PROJECT APPLICANT SHALL CONTACT THE PLANNING DIVISION,(909)477-2750,FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Data 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. 2. A copy of the signed Resolution of Approval or City Planner's letter of approval,and all Standard _/_/_ Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/ /_ building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 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. sc•enu99 1 . Project No. DR 99-12 Completion Date 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 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. 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. 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. 11. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured /_/ products. D. Shopping Centers 1. A uniform hardscape and street furniture design to match the shopping center, 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. sc-6/1499 2 Project No. DR 99-12 Completion Date 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. 3. Trash collection shall occur between the hours of 9:00 a.m. and 10:00 p.m. only. / /_ 4. Graffiti shall be removed within 72 hours. / / 5. 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. 6. Signs shall be conveniently posted for"no overnight parking"and for"employee parking only." _/_/_ 7. 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. 8. 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. 9. 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. SC-811499 3 • Project No. DR 99-12 Completion Date F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts /_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. 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). 3. 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. 4. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, /_/_ and exits shall be striped per City standards. 5. 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. 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 30%trees planted within commercial and office projects, shall be specimen size /_/_ trees -24-inch box or larger. 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 more 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. 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. 7. 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. SC-anu99 4 Project No. DR 99-12 Completion Date 8. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering _/ / sidewalks (with horizontal change), and intensified landscaping, is required along Foothill Boulevard . 9. 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. 10. All walls shall be provided with decorative treatment. / / 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. 2. A Uniform Sign Program for this shopping center shall be submitted for City Planner review and /_/ approval prior to issuance of building permits. 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. General Requirements 1. Submit four complete sets of plans including the following: / /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached)including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans,including isometrics,underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number(i.e., TT#, CUP#, DR#, etc.) clearly identified on the outside of all plans. SC-6/14/99 5 Project No. DR 99-12 Completion Date 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and"wet" signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. _/_/_ 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage _/_/_ to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Division. K. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number(i.e., CUP 98-01). 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 permit application. Please contact the Building and Safety Division for availability 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. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building Official, prior to issuance of building permits. / /_ 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/ /_ through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public _/ /_ counter). L. New Structures 1. Roofing material shall be installed per the manufacturer's"high wind" instructions. . / /_ 2. Plans for food preparation areas shall be approved by County of San Bernardino Environmental _/_/ Health Services prior to issuance of building permits. 3. Provide draft stops in attic areas,not to exceed 3,000 square feet,in accordance with UBC Table _/_/_ 5-A. 4. Provide draft stops in attics in line with common walls. / /_ 5. Roofing materials shall be Class"A." / / 6. Exterior walls shall be constructed of the required fire rating in accordance with UBC Table 5-A /_/_ 7. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. _// 8. Provide smoke and heat venting in accordance with UBC Section 906. / /_ sc.e/u∎99 6 Project No. DR 99-12 Completion Date 9. Upon tenant improvement plan check submittal, additional requirements may be needed. / /_ M. 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. /_/ 4. A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT,(909)477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: N. General Fire Protection Conditions 1. Mello Roos Community Facilities District requirements shall apply to this project. 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 CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 2. Fire flow requirement shall be 2000 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. 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 fire department personnel after construction and prior to occupancy. 3. 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. 4. 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-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. 5. Hydrant reflective markers(blue dots)shall be required-for all hydrants and installed prior to final /_/_ inspection. sc-6114199 7 Project No. DR 99-12 Completion Date 6. An automatic fire extinguishing system(s)will be required as noted below: ✓ Per Rancho Cucamonga Fire Protection District Ordinance 15. / / 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 the sprinkler system is adequate for proposed operations. 7. Sprinkler system monitoring shall be installed and operational immediately upon completion of _/_/ sprinkler system. 8. A fire alarm system(s) shall be required as noted below: ✓ Per Rancho Cucamonga Fire Protection District Ordinance 15. / /_ California Code Regulations Title 24. / / 9. 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. 10. $ 132.00 and$677.00 Fire District fee(s), and a$1 per"plan page" microfilm fee will be due to / / the Rancho Cucamonga Fire Protection District prior to Building and Safety permit issuance. " A Fire District fee in the amount of$132.00 shall be paid at the time of Water Plan submittal. "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. 11. Plans shall be submitted and approved prior to 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: O. 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. / /_ P. 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. 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. / / sc•6/14/99 8 Protect No. DR 99-12 Completion Date 3. All roof openings giving access to the building shall be secured with either iron bars, metal gates, _/_/_ or alarmed. Q. Windows 1. Store front windows shall be visible to passing pedestrians and traffic. / /_ R. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime / /_ visibility. 2. Developer shall paint roof top numbers on one or more roofs of this development. They shall be /_/_ a minimum of three feet in length and two feet in width and of contrasting color to background. The stencils for this purpose are on loan at the Rancho Cucamonga Police Department. S. 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-8114/99 9