Planning Commission
Memorandum
Community & Economic Development Department Planning Division 3900 Main Street, Riverside, CA 92522 | Phone: (951) 826-5371 | RiversideCA.gov
PR-2023-001569 (RZ, CUP, DR)
PLANNING COMMISSION HEARING DATE: SEPTEMBER 12, 2024
AGENDA ITEM NO.: 4
PROPOSED PROJECT
RECOMMENDATIONS
Staff recommends that the Planning Commission:
1. RECOMMEND that the City Council DETERMINE that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061 (Common Sense) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, as the project will not have a significant effect on the environment; and
2. RECOMMEND that the City Council APPROVE Planning Case PR-2023-001569 (Rezone, Conditional Use Permit, and Design Review) base d on the findings outlined in the staff report and summarized in the attached findings and subject to the recommended conditions (Exhibits 1 & 2).
Case Number PR-2023-001569 (Rezone, Conditional Use Permit, and Design Review) Request
To consider the following entitlements to construct a 950-square-foot drive-thru restaurant (Dutch Bros Coffee):
1) Rezone to amend the site’s zoning designation from R-1-7000 – Single-Family Residential to CR – Commercial Retail;
2) Conditional Use Permit to allow a drive-thru restaurant; and 3) Design Review of project plans
Applicant Braden Bernards of CVP – Riverside DB, LLC
Project
Location
4970 and 4990 Van Buren Boulevard,
situated on the west side of Van Buren
Boulevard, north of Wells Avenue.
APN 151-380-052, 151-380-053
Project Area 0.75-acres
Ward 6
Neighborhood Arlanza
General Plan
Designation
C – Commercial
Zoning
Designation
R-1-7000 – Single-Family Residential
Staff Planner
Veronica Hernandez, Senior Planner
951-826-3965
[email protected]
PR-2023-001569 (RZ, CUP, DR)
SITE BACKGROUND
The 0.75-acre project site is comprised of two contiguous parcels, developed with a vacant single- family residence, to be demolished. The single-fa mily residence was constructed in 1946 and has been vacant since 2020. The site is a remnant parcel of R-1-7000 – Single-Family Residential Zoning; the surrounding parcels were rezoned from singl e-family residential zones to commercial and multi-family zones throughout the 1980s and 1990s. There are no other parcels zoned R-1-7000 that front onto Van Buren Boulevard for over a mile stretch, spanning Van Buren Boulevard from Arlington Avenue to Challen Avenue.
Surrounding land uses include a vehicle fuel stat ion and multi-family residences to the south and east (across Van Buren Boulevard), and commercial uses to the east and north, including a drive- through restaurant (McDonald’s) and Walmart (Exhibits 3 and 4).
PROPOSAL
The applicant is requesting approval of a Rezone, Conditional Use Permit, and Design Review to facilitate the construction of a 950-square foot Dutch Bros Coffee drive-thru with surface parking stalls and landscape improvements.
The proposed site plan includes two 12-foot-wid e drive-thru lanes with st acking capacity for approximately 29 vehicles, and 9 parking spaces. The drive-thru pick up window is located on the south side of the proposed building and a walk-u p order window and queue is located on the west side of the building, under a metal canopy.
Building elevations reflect a contemporary architectural style, consisting of stucco, cement siding, and a stone veneer. The conceptu al landscape design features a variety of trees and water efficient shrubs. A three-foot-tall masonry wall and tiered landscaping is proposed to screen the drive-thru lane from Van Buren Boulevard.
Vehicle access to the project site will be pr ovided via a two-way driveway on Van Buren Boulevard. In the event that queuing exceeds on-site capacity, staff will direct traffic to queue on the adjacent Walmart property to ensure vehicles do not stack on Van Buren Boulevard.
The drive-thru restaurant is anticipated to operate seven days a week from 5:00 a.m. to 11:00 p.m. and will operate 24-hours a day on a seasonal basis. Up to 24 to 32 employees are anticipated to be employed by the proposed Dutch Bros Coffee, with approximately 8 employees per shift during peak hours. Dutch Bros implements a “runner system” for customer orders where they dedicate 3 to 4 staff members to take customer orders and receive payment. An additional employee will be solely dedicated to traffic control on-site. The runner system reduces customers’ time at the drive- thru pick up window to 30 to 45 seconds.
PROJECT ANALYSIS
Authorization and Compliance Summary
Consistent Inconsistent
General Plan 2025
The proposed project is consistent with the underlying General Plan 2025 Land Use designation of C– Commercial, which provides for retail sales, service, and office uses that serve multiple neighborhoods within the City (Exhib it 5). The proposed project is consistent with the followi ng objective for the Arlanza Neighborhood:
5 ܆
PR-2023-001569 (RZ, CUP, DR)
Objective LU-34: Enhance and improve the Arlanza neighborhood and its quality of life through careful land use planning that both builds upon the neighborhood's historic development patterns of urban, suburban and semirural de velopment while protecting and preserving the neighborhood’s natural features.
Zoning Code Land Use Consistency (Title 19)
The project proposes to rezone the site’s existing zoning designation from R-1-7000 – Single-Family Residential to CR – Commercial Retail, which is consistent with the existing C – Commercial General Plan Land Use Designation (Exhibit 7). The Commercial Retail zone allows for new drive- thru businesses subject to approval of a Conditional Use Permit and compliance with the Site Location, Operation, and Development Standards. The proposed project is consistent with the applicable development standards for drive-thru businesses. 5 厔
Compliance with Citywide Design & Sign Guidelines
The proposed project substantially meets the objectives of the Citywide Design Guidelines for commercial development related to architectural treatment and landscaping. The development proposes a screen wall along the edge of the drive-thru lane adjacent to Van Buren Boulevard, in addition to a tiered landscaping. As proposed and conditioned, the proposed project is consistent with the Citywide Design Guidelines.
5 厔
Riverside County Airport Land Use Compatibility Plan
The proposed project is consistent wi th all applicable standards for Zones D (Primary Traffic Patterns and Runway Buffer Area) and E (Other Airport Enviro ns) of the Riverside Municipal Airport Land Use Compatibility Plan.
5 厔
Grading Code (Title 17)
The proposed project is consisten t with all applicable development standards set forth in the Grading Code (Title 17).
5 厔
Senate Bill 330
The project proposes to rezone the site’s existing zoning designation from R-1-7000 – Single-Family Residential to CR – Commercial Retail.
Under the current R-1-7000 zone, a total of 4 single- family residential units could potentially be built on the Project Site.
The Housing Crisis Act of 2019, adopted under Senate Bill 330 (SB 330), requires the preservation of existing residential capacity of Cities, as identified in the City’s General Plan land use and zoning designations. Pursuant to Government Code section 66300 (No Net Loss Law), the Project Applicant must identify an alternative site that can accommodate the number of residential units that were removed from the City’s. residential capacity. This would ensure no net loss of residential units is caused by the rezoning of the project site.
5 厔
PR-2023-001569 (RZ, CUP, DR)
COMPLIANCE WITH APPLICABLE DEVELOPMENT STANDARDS
On May 15, 2024, Planning Case PR-20220-001468 (Design Review) was approved for the construction of a 38-unit multi- family residential development at 3663 and 3667 Polk Street. The project site was identified Housing Opportunity Site #19 under the 6th Cycle Housing Element Update . The parcels were anticipated to yield 30 units for the City’s RHNA allocation, and the final project was approved for 38 units . As the project constructed 8 units over the anticipated yield, there will be no net loss from the rezo ne of this Project Site from R-1-7000 – Si ngle-Family Residential to CR – Commercial Retail.
Chapter 19.475
Drive-Thru Business Site Location, Operation, and Development Standard Standard Proposed Consistent Inconsistent
Frontage
100 feet 134- foot frontage 5 տ
Located on Arterial Street
Van Buren Boulevard:
120-foot arterial
5 տ
Lot Size 30,000 square feet
minimum 32,670 square feet 5 ܆
Drive-Thru
Lane
Standards
Length: 180 feet 580 feet 5 տ
Stacking: 10 vehicles 29 vehicles 5 տ
Width: 12 feet 12 feet 5 տ
Drive-thru Lane screening
3-foot-high screen wall and
tiered planting along public
right-of-way
5 ܆
Landscape
Setback
15 feet along street
frontages
16 feet (Van Buren
Boulevard) 5 ܆
5 feet along interior
property lines
5 feet, 6 inches (North)
10 feet (West)
9 feet (South)
5 ܆
PR-2023-001569 (RZ, CUP, DR)
Chapter 19.120
Commercial Development Standards for the CR – Commercial Retail Zone Standard Proposed Consistent Inconsistent
Floor Area Ratio 0.50 maximum 0.0 2 5 տ
Building Height 75 feet 24 feet 5 տ
Yard Setbacks
Front 0 feet 52 feet, 5 inches 5 տ
Interior Side 0 feet
77 feet (North)
36 feet, 8 inches (South)
5 տ
Rear 0 feet 155 feet 5 տ
FINDINGS SUMMARY
Rezone
The project involves the rezone of the site’s current zoning designation of R-1-7000 – Single-Family Residential to CR – Commercial Retail. The proposed CR zone is consistent with the site’s current General Plan designation of C - Commercial, which is intended to provide for retail sales, service, and office uses that serve multiple neighborhood s within the City. The proposed rezone provides consistency with the General Plan land use designation and will not adversely affect surrounding properties, and promotes public health, safety, and general welf are and serves the goals and purposes of the Zoning Code. The site is a remn ant parcel of R-1-7000 – Si ngle-Family Residential Zoning. There are no other parcels zoned R-1-7000 that front onto Van Buren Boulevard, on either side of the street, for over a mile stretch, spanning Van Buren Boulevard from Arlington Avenue to Challen Avenue.
Conditional Use Permit
The proposed drive-thru, Dutch Bros Coffee, will complement existing surr ounding uses to serve nearby residents and employees and aligns wi th the vision of commerci al development along Van Buren Boulevard. The site has been design ed with adequate vehicular access and internal circulation. The double drive-thru lanes exceed st acking standards required by the Zoning Code to allow for adequate lane stacking during peak business hours. The site will be enhanced with landscaping that includes a combination of tree s and shrubs. The project proposes to engage pedestrian activity through wa lkways throughout the project an d connectivity to the sidewalks.
The site will also be improved with lighting to ensure security on the site while being sensitive to the adjacent uses.
Chapter 19.580 Parking and Loading Development Standards Standard Required Proposed Consistent Inconsistent
Restaurant 1 space/100 sf
(950 sf)
9 spaces 9 spaces 5 տ
PR-2023-001569 (RZ, CUP, DR)
STRATEGIC PLAN
This project contributes to the Envision Riversid e 2025 City Council Strategic Priority 3 – Economic Opportunity (Goal 3.3 – Cultivate a business climate that welcomes innovation, entrepreneurship and investment and Goal 3.4 - Collaborate with key partners to implement policies and programs that promote local business growth and ensure equitable opportunities for all).
This item aligns with the following Cross-Cutting Threads:
1. Community Trust: The proposed project will be reviewed at public meetings held by the City Planning Commission and City Council and the public is able to provide comments.
2. Equity: The proposed project will provide a se rvice available to all residents and visitors of the City.
3. Fiscal Responsibility: All project costs are borne by the applicant and will increase business tax revenue to the City when the Du tch Bros Coffee drive-thru business is open for business.
4. Innovation: The proposed projec t revitalizes vacant parcels and provides a mix of uses to the City.
5. Sustainability and Resiliency: All new construction will meet the most up-to-date Building Codes.
ENVIRONMENTAL REVIEW
The Planning Division of the Community & Econ omic Development Department determined the proposal to be exempt from the California Enviro nmental Quality Act (CEQA) review pursuant to Sections 15061(Common Sense) and 15303 (New Constr uction or Conversion of Small Structures) of the CEQA Guidelines, as the project will not have a significant effect on the environment.
PUBLIC NOTICE AND COMMENTS
Public hearing notices were mailed to property owners within 300 feet of the site. As of the writing of this report, no responses have been received by staff regarding the proposed project.
APPEAL INFORMATION
Actions by the City Planning Commission, including any environmental finding, may be appealed to the City Council within ten ca lendar days after the decision. Appeal filing and processing information may be obtained from the Planning Department, Public Information Section, 3rd Floor, City Hall.
EXHIBITS LIST
1. Findings
2. Conditions of Approval
3. Existing Site Photos
4. Location Map
5. General Plan Map
6. Existing and Proposed Zoning Map
7. Project Plans (Site Plan, Conceptual Grading Plan, Floor Plan, Elevations, Colors and Materials Board, Landscape Plan, Preliminary Photometric Plan)
Prepared by: Veronica Hernandez, Senior Planner
Reviewed by: Brian Nort on, Principal Planner
Approved by: Maribeth Tinio, City Planner
EXHIBIT 1 - FINDINGS SEPTEMBER 12, 2024
PLANNING CASE: PR-2024-001569 (Rezone, Conditional Use Permit, and Design Review) Rezone Findings pursuant to Chapter 19.810.040, as outlined in the staff report
1. The proposed rezone is generally consistent wi th the goals, policies, and objectives of the General Plan;
2. The proposed rezone will not adversely affect surrounding properties; and
3. The proposed rezone promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Code.
Conditional Use Permit Findings pursuant to Chapter 19.760.040, as outlined in the staff report
1. The proposed drive-thru is substantially compat ible with other existing and proposed uses in the area, including factors relating to the nature of its location, operation, building design, site design, traffic characteristics and environmental impacts;
2. The proposed drive-thru will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to the environment or to the property or improvements within the area; and
3. The proposed drive-thru will be consistent wi th the purpose of the Zoning Code and the application of any required development st andards in the furtherance of a compelling governmental interest and is the least restri ctive means of furthering that compelling governmental interest.
Drive-Thru Business Findings pursuant to Chapter 19.475.050, as outlined in the staff report
1. The proposed drive-thru will not substantially increa se vehicular traffic on streets in a residential zone.
2. The proposed drive-thru will not substantially lessen the usability of adjacent or nearby commercially zoned property or commercial use by interfering with pedestrian traffic.
3. The proposed drive-thru will not create in creased traffic hazards to pedestrians.
4. The site will be adequate in size and shape to accommodate said use and to accommodate all yards, walls, parking, landscaping and other required improvements.
5. The proposed drive-thru will not substantially le ssen the usability and suitability of adjacent or nearby residentially zoned property for residential use.
EXHIBIT 1 – FINDINGS
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT PLANNING DIVISION EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
PLANNING CASE: PR-2024-001569 (Rezone, Conditional Use Permit, and Design Review) Case Specific
Planning
1. Plans shall conform to the exhibits attached to this report. Proposed modifications to the approved design shall be submitted to the Planning Division and shall include revised exhibits and a narrative description of the proposed modifications. The applicant is advised that an additional application and fee may be required.
2. The subject property shall be developed and operated substa ntially as described in the text of this report and as shown on the projec t plans on file with thi s case except for any specific modifications that may be required by these conditions of approval.
3. Advisory: Signs shall be permitted in accordance with Chapter 19.620 of the Zoning Code.
Any new signs shall be subject to separa te review and assessment. A separate sign application, including fees and additional se ts of plans, will be necessary prior to sign permit issuance.
Prior to Issuance of Grading Permit:
4. A 40-scale precise grading plan shall be submitted to Public Works and include the following:
a. Hours of construction and grading activity are limited to between 7:00 a.m. and 7:00 p.m. weekdays and 8:00 a.m. and 5:00 p. m. Saturdays. No construction noise is permitted on Sundays or Federal Holidays;
b. Compliance with City adopted interim erosion control measures; c. Compliance with any applicable recommenda tions of qualified soils engineer to minimize potential soil stability problems;
d. Include a note requiring the developer to contact Underground Service Alert at least 48 hours prior to any type of work within pipeline easement; and e. Identification of location, exposed heig ht, material, and finish of any proposed retaining walls.
During Grading and Construction Activities:
5. During all project site construction, the Constr uction Contractor shall limit all construction- related activities that would result in a noise disturbance to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday and betw een the hours of 8:00 a.m. and 5:00 p.m. on Saturdays. No construction is permitted on Sundays or federal holidays.
6. To reduce construction related particulate matter air quality impacts of projects the following measures shall be required:
a. The generation of dust shall be controlled as required by the AQMD; EXHIBIT 2 – CONDITIONS OF APPROVAL
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT PLANNING DIVISION EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
b. Trucks hauling soil, dirt or other emissive materials shall have their loads covered with a tarp or other protective cover as determined by the City Engineer; c. The project contractors shall equip all cons truction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards; d. Streets shall be swept at the end of the da y if visible soil material is carried onto adjacent paved public roads;
e. Trucks and other equipment leaving the site shall be washed off; f. Disturbed/loose Soils shall be kept moist at all times. g. All grading activities shall be suspended when wind speeds exceed 25 miles per hour; and
h. A 15 mile per hour speed limit shall be enforced on unpaved portions of the construction site.
7. The applicant shall be responsible for erosion and dust control during construction phases of the project.
8. To reduce diesel emissions associated with co nstruction, construction contractors shall provide temporary electricity to the site to eliminate the need for diesel-powered electric generators or provide evidence that electrical hook ups at construction sites are not cost effective or feasible.
Prior to Issuance of Building Permit:
9. Landscaping and Irrigation plan s for the project site shall be submitted to the Planning Division for review, including the following requirements below, separate applications and filing fees are required.
a. Tiered landscaping consisting of a variety of shrubs, trees and ground cover shall be provided adjacent to street frontages and to screen the parking lot. Additional landscaping may be requested to the satisfaction of staff.
10. Walls and Fences:
a. A minimum 3-foot-high solid screen wall sh all be constructed along the drive-thru frontage where adjacent to Van Buren Boulevard. The wall shall be constructed of decorative solid masonry and include a decorative cap.
b. Existing solid masonry perimeter walls shall be painted and recapped.
11. The drive-thru lane at the northerly portion of the site shall be striped with colors consistent with Dutch Bros’ branding.
12. Plans submitted for plan check review shall sp ecify the location, desi gn and color of all domestic water meters, backflow preventers and utility cabinets subject to the Planning and Public Utilities review and approval. The visibility of such facilities shall be minimized through means including but not limited to relocation, berms, landscaping, and/or installation of a screen wall, subject to Planning Division review and approval..
13. An exterior lighting plan shall be submitted to staff for review and approval. A photometric plan and manufacturer's cut sheets of all exterior lighting on the building, in the landscaped areas and in the parking lot shall be submitted with the exterior lighting plan.
All on-site lighting shall comply with Chapter 19.566 of the Zoning Code (Outdoor Lighting).
The light sources shall be shield ed to minimize off-site glare, shall not direct light skyward and shall be directed away from adjacent prop erties and public rights-of-ways. If lights are proposed to be mounted on buildings, down -lights shall be utilized. Light poles shall not exceed twenty (20) feet in height, including the height of any concrete or other base EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
material. Light poles within fifty (50) feet of residences are limi ted to fourteen (14) feet in height.
14. Roof and building mounted equipment shall be fully screened from the public right-of- way. Screening material shall be integrated with the design of the building and be at least as high as the proposed roof mounted equipment.
15. Ground mounted equipment shall be screened from view on all sides with solid masonry walls or similar permanent structures.
During Construction:
16. The project shall comply with all existing State Water Quality Control Board and City storm water regulations, including compliance with NPDES requirements related to construction and operation measures to prevent erosion, sil tation, transport or urban pollutants, and flooding.
17. If human remains are encountered, Californi a Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and dispositio n has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the “most likely descendant(s)”of receiving notification of the discovery. The mo st likely descendants shall then make recommendations within 48 hours and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described.
Prior to Release of Utilities and/or Occupancy:
18. Install the landscape and irrigation per the approved plans and submit the completed “Certificate of Substantial Completion” (Appe ndix C of the Water Efficient Landscaping and Irrigation Ordinance Su mmary and Design Manual) signed by the Designer/auditor responsible for the project. Contact the Case Pl anner to schedule the final inspection at least one week prior to needing the release of utilities.
Site Operation Standards:
19. All operations shall comply with Title 7 (Noise Control) of the Riverside Municipal Code.
20. A copy of the Conditional Use Permit and the final Conditions of Approval shall be available at the site and presented to City staff, including the Police Department and Code Enforcement, upon request. Failure to have the latest approved conditions available upon request will be grounds for revocation
21. The applicant shall be responsible for maintain ing free of litter, the area adjacent to the premises over which they have control.
22. The owner and/or occupant shall be liable fo r the cost of excessive police service or response in accordance with Chapter 9.60 of the Riverside Municipal Code.
23. Applicant will be required to remove any graffi ti on the project site within 48 hours of the incident being reported to City of Riverside Code Enforcement.
Standard Conditions:
EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
24. There shall be a one-year time limit in whic h to commence construction of the project beginning the day following approval by the Planning Commission unless a public hearing is held by City Council; in that event the ti me limit begins the day following City Council approval.
25. The Rezone, Conditional Use Permit, and Desi gn Review may be granted time extensions by the Community & Economic Development Dire ctor, or their designee, up to a total of five years beyond the original approval expi ration date prior to issuance of any building permits. At the exhaustion of Community & Economic Development Director approved extensions, the original Approving or Appe al Authority may grant one final permit extension of up to two years following a pu blic hearing noticed pursuant to Section
19.670.030 (Notice of Hearing for Discretion ary Actions Requiring a Public Hearing). A public hearing notification fee is required of the applicant in such case in addition to a time extension fee. Once a building permit has been issued, the development will be considered vested and time extensions are no longer needed.
Please be advised that the applicant will not be notified by the Planning Division about the pending expiration of the subject entitlement.
26. Within 30 days of approval of this case by the City, the developer shall execute an agreement approved by the City Attorney's Office to defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and employees from any claim, action, or proc eeding against the City of Rive rside, its agents, officers, or employees to attack, set aside, void, or annul, an approval by the City's advisory agency, appeal board, or legislative body concerning this approval, which action is brought within the time period provided for in Section 66499. 37 of the Government Code. The City will promptly notify the developer of any such cl aim, action or proceed ing and the City will cooperate in the defense of the proceeding.
27. The Conditional Use Permit may be modified or revoked by the City Planning Commission or the City Council should they determine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to public safety, prop erty or improvements in the vi cinity or if the property is operated or maintained so as to constitute a public nuisance.
28. This project shall fully and continually comply with all applicable conditions of approval, State, Federal and local laws in effect at the time the permit is approved and exercised and which may become effective and applic able thereafter, and in accordance with the terms contained within the staff report and all testimony regarding this case. Failure to do so will be grounds for Code Enforcement action, revocation, or further legal action.
29. The applicant shall comply with all federal, state, and local laws and shall cooperate with the Riverside Police Department (RPD) in the enforcement of all laws relating to this permit.
Material violation, as determined by the Ci ty Planning Commission, of any laws in connection with this use or failure to cooperate with RPD will be cause for revocation of this permit.
30. This permit is issued based upon the plans and information submitted by the applicant, which has been used as the basis for evaluation of the proposed use in this staff report and for the conditions of approval herein. Pe rmittee shall notify Community Development Department, Planning Division, of any change in operations and such change may require a revision to this permit. Failure to notify the city of any change in operations is material grounds for revocation of this Conditional Use Permit.
31. The Applicant of the business subject to this Conditional Use Permit acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with the EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
full awareness of the provisions of Title 19 of the Riverside Municipa l Code. The Applicant shall inform all its employees and future operat ors of the business subject to this permit of the restrictions and conditions of this permit as they apply to the business operations.
32. Failure to abide by all conditions of this Conditional Use Permit shall be cause for revocation.
33. Enumeration of the conditions herein shall not exclude or excuse compliance with all applicable rules and regulations in effect at the time this permit is exercised.
Public Works
Conditions to be fulfilled prior to occupancy unless otherwise noted.
34. Storm Drain construction will be contingent on engineer's drainage study.
35. Prior to Building Permit Issuance, the Applicant shall complete a lot line adjustment to consolidate the project site parcels to the sati sfaction of the Planning Division and Public Works Department.
36. Installation of sewers and sewer laterals to serve this project to Public Works specifications.
37. Size, number and location of driveways to Public Works specifications.
38. Closure of unused driveway(s) to Public Works specifications.
39. Trash enclosures required per Public Works specifications. Project is required to use the City of Riverside franchise hauler Athens Services for waste disposal or recycling.
40. Prior to final inspection for the develo pment project, the applicant shall pay the Transportation Uniform Mitigati on Fee (TUMF) in accordance with the fee schedule in effect at the time of payment. If the project improvements include qualifying right-of-way dedications and/or street improvements to a TUMF regional arterial roadway as identified on the Regional System of Highways and Arterials, the developer may have the option to enter into a Credit/ Reimbursement Agreem ent with the City and Western Riverside Council of Governments (WRCOG) to recover co sts for such work based on unit costs as determined by WRCOG.
The terms of the agreement shall be in a ccordance with the RMC Chapter 16.68 and the TUMF Administrative Plan requirements. Cred it/reimbursement agreements must be fully executed prior to receiving any credit/reimb ursement. An appraisal is required for credit/reimbursement of right of way dedicati ons and credit/reimbursement of qualifying improvements requires the public bidd ing and payment of prevailing wages in accordance with State Law. For further as sistance, please contact the Public Works Department.
41. Prior to issuance of a building or grading perm it, the applicant shall submit to the City for review and approval, a project-specific WQMP that:
x Addresses Site Design BMP's such as mini mizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas and conserving natural areas;
x Incorporates the applicable Source Cont rol BMP's as described in the Santa Ana River Region WQMP and provides a detailed description of their implementation; x Incorporates Treatment Control BMP's as described in the Santa Ana River Region WQMP and provides information regarding design considerations; x Describes the long-term operation and maintenance requirements for BMP's requiring long-term maintenance; and
x Describes the mechanism for funding the long-term operation and maintenance of the BMP's requiring long-term maintenance.
EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
42. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" wi th the County-Clerk Recorder or other instrument acceptable to the City Attorney to inform fu ture property owners of the requirement to implement the approved project-specific WQMP. Other alternati ve instruments for requiring implementation of the approved pr oject-specific WQMP include: requiring the implementation of the project-specific WQMP in the Home Owners Association or Property Owners Association Conditions, Covenants an d Restrictions (C,C&R 's); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the project-specific WQMP; or equivalent may also be considered. Alternative instruments must be approved by the City prior to the issuance of any building or grading permits.
43. If the project will cause land disturbance of one acre or more, it must comply with the statewide General Permit for Storm Water Discharges Associated with Construction Activity. The project applican t shall cause the approved fina l project-specific WQMP to be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post-Construction Management Plan.
44. Prior to building or grading permit closeout or the issuance of a certificate of occupancy or certificate of use, the applicant shall:
x Demonstrate that all structural BMP's described in the project-specific WQMP have been constructed and installed in conformance with approved plans and specifications;
x Demonstrate that applicant is prepared to implement all non-structural BMP's described in the approved project-specific WQMP; and
x Demonstrate that an adequate number of copies of the approved project-specific WQMP are available for the future owners/ occupants.
Public Works - Traffic Division
45. The Applicant shall complete an empirical queuing study six (6) months after issuance of a certificate of occupancy. The project sh all complete operational improvements at project driveway and Van Buren Boulevard to ensure that vehicle stacking does not overflow into the public street, to the satisf action of the City, throu gh the Department of Public Works. Following discussion with the Applicant, if no suitable alternative is identified, in the sole discretion of the City, the City will make the final determination which may include temporary and/or semi-p ermanent closure modification of the right turn ingress movement at project driveway and Van Buren Boulevard.
46. Prior to the Certificate of Occupancy, the project shall develop a Grand Opening Period Staffing Plan that shall restrict the right-turn ingress maneuver at the project driveway and Van Buren Boulevard for the entire duration of the Grand Opening period (minimum three weeks from the first day of operations; termi nation of the Grand Opening period to be determined by the City Traffic Engineer). The Grand Opening Period Staffing Plan shall also include all signage and striping to direct vehicles for the optimal queuing efficiency to the project drive-thru entry. It is highly recomm ended that traffic control services thru third party should be in place during the enti re grand opening peri od. The Grand Opening Period Staffing Plan shall also include all sig nage and striping along the adjacent parcel's (Walmart) parking lot to direct vehicles for the optimal queuing effi ciency to the project drive-thru entry. Any temporary traffic control in the right of way must be deployed by a contractor via a street opening permit.
47. Operation of the drive-through shall not result in stacking of vehicles in such a manner that would result in obstruction to any access aisle or parking spaces fo r other tenants in the retail center, the main drive aisles for the retail center, or public streets. If the drive-through EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
operation affects traffic for other tenants, the ma in drive aisles of the retail center, or any public street, design or operational alternatives to remedy the issue, such as modifying the parking lot, shall be presented to the City for review and approval.
48. To prevent stacking in the drive-through lane from impacting adjacent tenants, additional measures shall be implemented, including bu t not limited to: Traffic Control Measures, Occupant’s managers and staff members shall be trained to direct drive-through traffic to line up along the parking aisle such that car stacking does not over flow onto the main drive aisles of the retail center, use of tablet s, applicant's staff members shall take food orders and non-cash payments at the drive-through lanes with tablets to speed up orders in the drive-through lanes during the restaurant’s peak hours, Online Order: An Applicant staff member shall set up temporary parkin g signs for online order pickup as necessary during high demand online orders.
49. Prior to the issuance of a Certificate of Oc cupancy, the Applicant shall construct a bike rack that can accommodate a minimum of five bi kes. The installation of the bike racks shall be completed to the satisfaction of the Director of Public Works. The applicant is solely responsible for the procurement and installation of this infrastructure improvement.
50. A traffic control plan shall be prepared, ke pt onsite, and made available to the store manager for implementation as required. Any temporary traffic control in the right of way must be deployed by a contractor via a street opening permit.
51. Prior to the issuance of certificate of occupa ncy, a directional signage and striping plan shall be submitted for review and approval to ensure that directional signs are located in appropriate locations for directing drive- through customers and to make sure that intersections of parking aisles are not blocked.
52. Prior to the issuance of a Certificate of Occupancy, the applicant shall complete following improvements:
a. Construct a stop sign (R1-1), stop bar, stop legend, at the Project Driveways.
Stop signs must conform to City Standard 664 and the stop bar and legend must conform to the City standard 650.
b. Intersection of Van Buren Boulevard at Shopping Center:
i. Upgrade the existing one crosswalk to high visibility crosswalk per Standard Plan No. 640 across at west approach of the intersection of Van Buren Blvd and Shopping Center.
ii. Furnish and install a Marathon Batt ery Backup System (BBS) (or City approved equivalent).
c. Project shall install delineators along Van Buren Boulevard near project site starting from the existing median nose to 100' north. Each delineator should be spaced 5' apart.
53. The Applicant shall hire a contractor to inst all the traffic signal equipment to its intended operating conditions. All signa ge and striping improvements must comply with the most current California Manual of Uniform Traffic Control Devices (MUTCD) standards. The applicant shall hire a contractor to install MUTCD & City of Riverside Standard compliant signage & striping and median improvements . The applicant shall obtain any necessary permits and approvals to complete the improvem ents. The applicant is solely responsible for the procurement and installation of the improvements to the satisfaction of the Director of Public Works.
EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
54. Signing & striping improvement plans and traffic signal modifi cation plans shall be shown as separate design plans signed by a licensed civil or traffi c engineer and completed to the satisfaction of the Director of Public Works.
55. If overflow parking generated by the Dutch Bros. negatively impacts the available parking from the surrounding businesses and residences, then the applicant is solely responsible for determining additional parking off-site in cluding considerations for parking lease agreements.
Fire Department
56. All interior Fire Departme nt access roadways of 20-feet sha ll be maintained at all times.
No portion of the fire lane shall be encroached by street parking or landscaping.
57. Requirements for construction shall follow the currently adopted California Building Code and California Fire Code with City of Riverside amendments.
58. Construction plans shall be submitted and permitted prior to construction.
59. Provide for Fire Department access to the facility. "Knox" key devices are available for use in the city. Contact the Fire Department for applications and details.
60. To comply with all applicable requirements per CFC, Chapter 33 (Fire Safety During Construction and Demolition).
Public Utilities – Electric
61. Applicant is responsible for all trenching, installation of conduit and sub-structures required to provide power to the site.
62. All utilities shall be satisfactorily relocated, protected and/or replaced to the specifications of the affected departments and agencies, an d easements for such facilities retained as necessary.
63. The provision of utility easements, water, stre etlights, and electrical underground and/or overhead facilities and fees in accordan ce with the rules and regulations of the appropriate surveyor.
64. Plot existing electrical distribution facilities on plans submitted for Building Plan Check.
65. The circuit in this area has been recently flagged, this circui t does not have the capacity to add any new load. This new load will trigger a (ex. feeder extensions, new equipment/facilities) customer will be resp onsible for all cost associated with the improvements.
66. Provide transformer & electric service panel location.
67. The Applicant shall follow up with Riverside Public Utilities & provide estimated demand to confirm requirements/point of connection.
Public Utilities – Water
68. New water service installations are processed under a separate plan and permit submitted directly to the Public Utilities Department. Water plan must be submitted prior to issuance of building permit.
69. Project requires separate water meters for domestic and landscape irrigation uses.
70. Prior to activation of water service, a Re duced Pressure Principle Backflow Prevention Assembly is to be furnished and installed by Applicant on all water services per City of Riverside Public Utilities standard drawing CWD-616 or CWD-617.
EXHIBIT 2 - CONDITIONS OF APPROVAL SEPTEMBER 12, 2024
Environmental Compliance
71. A Wastewater Discharge Survey for a restaurant must be submitted to Environmental Compliance for approval along with a menu.
The Wastewater Survey and Menu will help to determine if you need an interceptor and what size. Plans must show the interceptor location.
Details regarding oil water interceptor for rest aurant must be submitted to Environmental Compliance for review and approval. The City requires a minimum 750-gallon interceptor.
Actual approved interceptor size depends on review of drainage fixture units and information written in submitted Wastewater survey. Approved interceptor must be installed prior to the restaurant opening for business.
Domestic waste shall not be allowed to pass through the interceptor.
72. If a sampling station is required—submit pr oposed installation on corrected plans.
73. All corrections to plans must be completed in order for Environmental Compliance Section to issue a Will-Serve Letter. Will-Serve Letter shall be sent to County of Riverside DEH by EC inspector.
74. Applicant must request inspection to verify the required inst allation or construction via inspection by EC Section repr esentative, with a report statin g that conditions have been met, and the permit card (if applicable) signed off by EC Inspector.
75. Other items for correction may need to be completed after actual plans are submitted for a formal review.
76. Proposed trash enclosures with drains to sa nitary sewer must have cover to control rainwater intrusion and connected Grease Inter ceptor if a hose bib and drain are in the trash enclosure.
Parks and Recreation
77. Prior to Building Permit Issuance, developer shall make payment of all applicable Park Development Impact Fees (local, aquatic, re gional/reserve and trail fees) for privately developed areas.
PR-2023-001569 (RZ, CUP, DR), Exhibit 3 – Existing Site Photos EXHIBIT 3 – SITE PHOTOS
Facing West from Van Buren Boulevard
Facing West from Van Buren Boulevard
PR-2023-001569 (RZ, CUP, DR), Exhibit 3 – Existing Site Photos
Facing North
Facing Southeast
PR-2023-001569 (RZ, CUP, DR)
Exhibit - Location Map -
VAN BUREN BLVD
HAROLD ST
WELLS AVE
COLORADO AVE
0 250 500
Feet
DUNCAN AVE
Project Site
Parcels
Project Site
-
PR-2023-001569 (RZ, CUP, DR)
Exhibit - General Plan Map
DUNCAN AVE
WELLS AVE
KEY WEST DR
VAN BUREN BLVD
MONTGOMERY ST
HAROLD ST
TURNBULL RD
COLORADO AVE
C
MDR
MDR
MDR
MU-V
MDR
C
MDR
HDR
HDR
MDR
0 250 500
Feet
Project Site: C - Commercial
MU-V - Mixed Use Village
MDR - Medium Density Residential
HDR - High Density Residential
C - Commercial
General Plan Designations
Parcels
Project Site
-
PR-2023-001569 (RZ, CUP, DR)
Exhibit - Existing and Proposed Zoning Map
EXISTING PROPOSED
CG
CR
CG-S-2-X
R-3-1500-S-2
R-3-1500
R-1-7000
CR-S-2-X
MU-V
VAN BUREN BLVD
COLORADO AVE
WELLS AVE
CG
CR
CG-S-2-X
R-3-1500-S-2
CR
R-3-1500
CR
CR-S-2-X
CR-S-2-X
MU-V
VAN BUREN BLVD
COLORADO AVE
WELLS AVE
0 125 250
Feet
Project Site: CR- Commercial RetailProject Site: R-1-7000 - Single Family Residential R-3-1500
R-1-7000
MU-V
CR
CG
Zoning Designations
Parcels
Project Site
PR-2023-001569 (RZ, CUP, DR), Exhibit 7 - Project Plans
PR-2023-001569 (RZ, CUP, DR), Exhibit 7 - Project Plans PR-2023-001569 (RZ, CUP, DR), Exhibit 7 - Project Plans PR-2023-001569 (RZ, CUP, DR), Exhibit 7 - Project Plans
EXTERIOR CEMENT PLASTER AT BUILDING
DUNN-EDWARDS - DEC 750 BISON BEIGE
EXTERIOR CEMENT PLASTER AT BUILDING
DUNN-EDWARDS - DEC 745 CHAPARRAL
FIBER CEMENT SIDING AT TOWER
NICHIHA - ILLUMINATION AWP-1818
COLOR: DUTCH BROS BLUE
Dutch Bros Coffee CA6804
4990 Van Buren Boulevard
Riverside, CA
WAINSCOT SILL
ELDORADO STONE - SNAPPED EDGE
COLOR: SAND
CANOPY FASCIA & AWNINGS
DUNN-EDWARDS - DEC 756 WEATHERED
BROWN
STONE VENEER AT WAINSCOT & COLUMNS
ELDORADO STONE
COLOR: MESQUITE
SPLIT FACE AT TRASH ENLCOSURE &
SCREEN WALL
BASALITE - SANDSTONE
PR-2023-001569 (RZ, CUP, DR), Exhibit 7 - Project Plans PR-2023-001569 (RZ, CUP, DR), Exhibit 7 - Project Plans PR-2023-001569 (RZ, CUP, DR), Exhibit 7 - Project Plans PR-2023-001569 (RZ, CUP, DR), Exhibit 7 - Project Plans
Van Buren Boulevard
TAFT STREET
ALLEY