FROM:
Planning Department
TITLE:
Title
Master Case No. 22-067: Conditional Use Permit (CUP) No. 23-012 and Administrative Site Plan (ASP) No. 23-012 - A request for the development of a 3,181 square foot freestanding drive through fast food restaurant facility located within the existing commercial center located on the north side of Slover Avenue, east of Sierra Avenue, pursuant to a categorical exemption in accordance with CEQA Guidelines Section 15332.
End
RECOMMENDATION:
Based on the information in the staff report and subject to the attached Findings and Conditions of Approval, staff recommends that the Planning Commission adopt Resolution PC No. 2024-____, and
1. Determine that the project is categorically exempt pursuant to Section No. 15332 (Class No. 32 Infill Development Projects), and Section No. 3.22 (Categorical Exemption) of the Local 2019 Guidelines for Implementing the CEQA, and direct staff to file a Notice of Exemption; and,
2. Approve Conditional Use Permit No. 23-012; and
3. Approve Administrative Site Plan No. 23-012
APPLICANT:
John Pollock/ Kimley Horn.
3801 University Avenue, Suite 300
Riverside, CA 92501
LOCATION:
The project site is located at 16940 Slover Avenue, (APNs: 0254-221-40 and -42) east of Sierra Avenue within the existing Palm Court Shopping Center.
REQUEST:
Conditional Use Permit (CUP) No. 23-012 - A request to establish a drive-through fast food restaurant.
Administrative Site Plan (ASP) No. 23-019 - A request for site and architectural approval of a 3,181 square-foot drive through fast food restaurant building and associated site improvements.
PROJECT PLANNER:
Mai Thao, Assistant Planner
BACKGROUND INFORMATION:
Land Use Designation:

PROJECT DESCRIPTION:
A. Site Area: Approximately 1.02 acres
B. Site Coverage
Maximum None
FAR Provided: .073 acre / 7 percent
C. Building Analysis
Fast Food Facility Approximately 3,181 square feet
D. Parking Analysis
Vehicle Spaces Required 32 spaces
Proposed 33 spaces
E. Landscaping
Minimum Required: 15 percent 6,664 square feet
Proposed: 17 percent 7,609 square feet
ANALYSIS:
The applicant, John Pollock on behalf of Kimley Horn, is requesting that the Planning Commission review and approve Conditional Use Permit No. 23-012 and Administrative Site Plan No. 23-019 for the development of a 3,181 square foot freestanding drive through fast food restaurant facility located within the existing commercial center located on the north side of Slover Avenue and east of Sierra Avenue. The new building will replace an existing freestanding restaurant building currently on the site.
Conditional Use Permit No. 23-012
The Project includes a proposed drive through component for the fast-food restaurant facility; the Empire Specific Plan governing the site requires approval of a Conditional Use Permit for businesses with drive-in and/or drive-through service. The purpose of the Conditional Use Permit is to provide individual review of specific uses to determine whether the type of use proposed, or the location of that use, is compatible with, or can be made compatible with surrounding uses.
Screening
The proposed drive through will be operated in a new freestanding building along the southerly area of the Palm Court Shopping Center, adjacent to Slover Avenue. The drive through will be screened from Slover Avenue with berming and landscaping at a minimum height of four feet.
Queuing
The applicant has submitted traffic queuing plans that address multiple traffic volumes and associated queuing needs. Queuing is provided for up to 14 vehicles (225 feet) and demonstrates daily “normal” queuing for the drive-through; this exceeds city requirements for 132 feet of queuing area and provides dual drive-thru lanes. Additionally, a plan for project opening and other high traffic times (contingency plan) that assumes higher volumes and provides room for queuing of 31 vehicles with dual drive-through lanes (225 feet each lane, approximately), along with strategically placed traffic control crew members, will ensure that higher volume vehicle queuing needs are addressed without negatively impacting circulation within the center.
Administrative Site Plan No. 23-019:
The Project will demolish an existing 9,500 square foot building and construct a new fast-food facility of approximately 3,181 square feet, with associated site improvements. Both interior and exterior customer seating areas with 60 and 34 seats, respectively, are provided. The architectural features for the proposed facility would feature an exterior color palette in a neutral color scheme, stucco coated exterior with brick cladding and a cast stone ledge, and aluminum bronze framed windows. The variations to the buildings face and roof lines and tower elements at a maximum 21 feet in height will make the project architecturally pleasing and be consistent with the surrounding area. Combined with new landscaping, particularly along Slover Avenue where installation will be located adjacent to existing right of way landscaping, staff finds the project design to be a positive addition to the center.
Site Access, Drainage, Circulation/Parking
Access to and from the project site will be provided via multiple shopping center entries on Slover Avenue; from the center entries, the main west-east circulation/ring road within the center provides access to the project site. 32 on-site parking spaces have been provided, which is adequate to meet City parking requirements; additional parking is further available within the larger shopping center as the center has a shared parking agreement. The project design incorporates safety measures for automobiles and pedestrians in the area.
The project site is physically suitable in size and shape to support the development of the proposed commercial project and the surrounding uses are also commercial. Applicable building codes, zoning codes, and fire codes and standards will be met and make for a safe, attractive, and well-designed project.
The site will drain to the north side to an existing storm drain line to an existing catch basin.
Public Communications
Staff received two public communications for the project, one is in support and the other are general questions of the project (see Attachment No. 6).
Environmental:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines and Section No. 3.22 (Categorical Exemption) of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA, staff has determined that the proposed Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332, Class 32, In-fill Development Projects. The project site is considered In-Fill Development and meets the CEQA requirements of infill: (1) The project is consistent with the C-G General Commercial designation of the General Plan and the Empire Center Specific Plan/Promotional Center Planning Area 5 designation; (2) The project site is less than five (5) acres; (3) the project site has been previously developed and is not within any known sensitive or threatened habitat area; (4) The project will not have an significant effects related to traffic, noise, air quality, or water quality; and (5) There are adequate public utilities services for the development of the proposed commercial project.
MOTION:
Approve Staff’s recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Project Plan Set
3. Planning Commission Resolution, Findings, and Conditions of Approval
4. Public Communications
5. Notice of Exemption
6. Public Hearing Notice