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PL25-0001 (Special Conditional Use Permit) and PL25-0002 (Site Approval)
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LOCATION MAP
PROJECT NO.: PL25-0001 (Special Conditional Use Permit) and PL25-0002 (Site Approval)
APPLICANT: In N Out Burgers, Incorporated
REQUEST: A request to construct a 3,886 square foot drive-thru restaurant with 74 indoor seats and 60 outdoor seats on a vacant 1.39-acre parcel located within the Community Core 16 (CC16) land use designation of The Preserve Specific Plan.
LOCATION: Approximately 300 feet Southwest of Pine Avenue and Main Street (APN 1057-441-04)
RECOMMENDATION
recommendation
Adopt Planning Commission Resolution No. PC2025-014, approving PL25-0001 (Special Conditional Use Permit) and PL25-0002 (Site Approval), based upon the findings and subject to the departmental conditions of approval.
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SURROUNDING ZONING AND LAND USE:
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Existing Land Use |
General Plan |
Zoning District |
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Project Site - |
Vacant |
Community Core 16 Dwelling Units / Acre (CC 16) |
The Preserve Specific Plan |
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North - |
Vacant/Agricultural |
Community Core 30 Dwelling Units / Acre (CC 30) |
The Preserve Specific Plan |
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East - |
Vacant/Town Center at The Preserve commercial center |
Community Core 16 Dwelling Units / Acre (CC 16) |
The Preserve Specific Plan |
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South - |
Vacant/EV charging station |
Community Core 16 Dwelling Units / Acre (CC 16) |
The Preserve Specific Plan |
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West - |
Vacant/Future multi-family residential |
High Density Residential 16 Dwelling Units / Acre (HDR 16) |
The Preserve Specific Plan |
BACKGROUND
On April 5, 2021, the Planning Commission approved PL19-0071 (Master Site Approval) for the District 4 master plan area to allow for development of Town Center at The Preserve commercial center and up to 393 units of multi-family residential development, located south of Pine Avenue between West Preserve Loop and East Preserve Loop. The Town Center at The Preserve had its first grand opening of the main anchor tenant in September 2023, with other tenants opening soon after. In 2023, the Director of Development Services administratively approved a land use boundary adjustment for the District 4 master plan area to shift 1.2 acres of commercially designated property along the Pine Avenue frontage and in return shifting the boundaries of the residentially designated portion of the master plan away from Pine Avenue. On March 20, 2024, the Planning Commission approved a modification to PL19-0071, updating the previously approved Master Site Approval (MSA) for compliance with the shift of land use boundaries. This change established two parcels located west of Main Street and south of Pine Avenue for future development with pad tenants within the Town Center at The Preserve.
The applicant, In N Out Burger, entered into an agreement to develop one of the newly created parcels in 2024 with the intent of constructing a restaurant. In N Out Burger is a fast-food restaurant that specializes in hamburgers and cheeseburgers and originated in Baldwin Park, California. The restaurant chain was founded in 1948 and has since expanded into hundreds of restaurants nationwide. This proposed restaurant will be the second located in the City of Chino, with the first being in the Chino Spectrum Towne Center commercial center located on Grand Avenue.
ISSUES/ANALYSIS
Site Plan and Landscaping
The proposed In N Out Burger is located on a vacant parcel within the Town Center at The Preserve commercial center. The proposed site is currently vacant and adjacent to other vacant properties to the east, west and south. The proposed building is located on the eastern portion of the parcel, with the parking lot positioned on the west side. Primary access is provided from an existing drive aisle off Pine Avenue. The restaurant includes a dual lane drive-thru with 600 feet of queue length, which merges into one lane prior to the point of order. The drive thru wraps around the south, west, and north side of the parking lot before connecting to a drive-thru window located on the western elevation of the building. This configuration allows for a higher vehicle capacity for queuing during the food ordering and preparation process.
The restaurant has two entrances, one on the south side and the other on the east side of the building. The interior of the restaurant contains an order and pick-up counter and indoor seating capacity for 74 customers. An outdoor eating area is provided to the north of the building, with tables, chairs, umbrellas and a detached decorative patio structure. Landscape coverage is at 27.6%, which exceeds the minimum landscape coverage requirement for the CC16 land use designation. Landscaping will be provided along the drive-thru queueing area, parking areas, and along the easterly drive aisle. Plantings will be a mix of palms, trees, shrubs and drought tolerant ground cover, consistent with the landscape theme for Town Center at The Preserve.
Project statistics are as follows:
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Item |
Proposed |
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Project Area - |
1.38 acres |
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No. of Buildings - |
1 |
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Building Area - |
3,886 square feet |
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Lot Coverage - |
7% |
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Landscape Coverage - |
27.6% |
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Parking (proposed/required)- |
49 proposed/26 required |
Architecture
The architectural design and building footprint is an updated prototype which In N Out Burger is utilizing for its new restaurant locations. The building utilizes a modern minimalist and Spanish style with elements such as arched façades, smooth stucco walls, corniced eaves, and a flat roof. The entire building will also be adorned with a dark colored brick base trim. A tower feature will be included on the east, west, and south elevation to enhance the building and offer breaks along the roofline. Windows will be enhanced with metal awnings that illuminate with In N Out’s trademark palm trees.
Traffic Analysis Study
The project was required to prepare a Traffic Impact Analysis (TIA) to compare the originally entitled uses with the proposed use. The TIA analyzed two new drive-thru facilities, the In N Out Burger as well as a future drive-thru located on a vacant parcel west of the proposed In N Out Burger. The new drive-thru uses are intended to produce more traffic than the originally approved pharmacy, adding 3,025 trips per day with morning peak hour increases of 23 trips and evening peak hour increases of 52 trips. Despite the increase in trips, no new impacts were identified requiring new mitigation measures. Additionally, the project studied the drive-thru queues at three nearby In N Out Burger locations as well as other drive-through fast food locations to determine the drive-thru queuing needs for both the In N Out Burger pad and the adjacent unknown user pad. For the In N Out Bruger, the longest observed queue length was 30 vehicles, where 95% of the time the queue length was 25 vehicles or less. The proposed In N Out Burger provides a drive-thru queue storage of 30 vehicles.
Public Noticing
A 10-day notice was mailed to all property owners within a 300-foot radius of the project site. In addition, a notice was published in the Chino Champion on July 5, 2025, and the City sent information out on the City’s social media platforms. In response to the public notice, no comments have been received. The notice exceeds legal noticing requirements.
ENVIRONMENTAL REVIEW
The project is within the scope of the previously adopted Addendum to The Preserve Chino Sphere of Influence - Subarea 2 Final Environmental Impact Report (SCH# 2000121036) (EIR) for South of Pine Update 2022, which adequately describes the proposed activity for the purposes of the California Environmental Quality Act (CEQA), pursuant to Section 15164 of the CEQA Guidelines. Additionally, there have been no substantial changes in the project since it was originally assessed under the Addendum, or no substantial new information that was not previously known when the project was originally assessed under the Addendum. No further action under CEQA is required.