Loading...
HomeMy WebLinkAbout2024-01-24 - Agenda Packet Historic Preservation Commission and Planning Commission Meeting Agenda Rancho Cucamonga Civic Center COUNCIL CHAMBERS January 24, 2024 10500 Civic Center Drive Rancho Cucamonga, CA 91730 7:00 PM A. CALL TO ORDER AND PLEDGE OF ALLEGIANCE ROLL CALL: Chair Dopp Vice Chair Morales Commissioner Boling Commissioner Daniels Commissioner Diaz B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Planning/Historic Commission (“Planning Commission”) on any Consent Calendar item or any item not listed on the agenda that is within the Commission’s subject matter jurisdiction. The Planning Commission may not discuss any issue not included on the agenda, but may set the matter for discussion during a subsequent meeting. C. GENERAL BUSINESS C1. Annual Selection of Officers for the Commission and Appointments to other Committees. D. CONSENT CALENDAR D1. Consideration to adopt Regular Meeting Minutes of November 8, 2023. E. PUBLIC HEARINGS E1. CONDITIONAL USE PERMIT – ROCKSTARS OF TOMORROW - A request to establish a specialized education and training school for a music school in an existing industrial building within the Neo- Industrial (NI) Zone, located on the northeast corner of 7th Street and Hellman Avenue at 9350 7th Street, Units B & C; APN: 0209-171-57. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15301 – Existing Facilities (Conditional Use Permit DRC2021-00332). E2. TENTATIVE PARCEL MAP – PATRIOT PARTNERS – A request to consolidate five (5) parcels of land into one (1) parcel totaling 5.2 acres within the Neo-Industrial (NI) Zone, located on the south side of Whittram Avenue between Etiwanda Avenue and Hickory Avenue at 13045 Whittram Avenue; APNs: 0229-162-04, -05, -11, -12, and -13. SUBTPM20642; Related files: Design Review DRC2022-00156 and Conditional Use Permit DRC2023-00142. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA Section 15315 – Minor Land Divisions. F. DIRECTOR ANNOUNCEMENTS G. COMMISSION ANNOUNCEMENTS H. ADJOURNMENT TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium. State your name for the record and speak into the microphone. After speaking, please complete a speaker card located next to the speaker’s podium. It is important to list your name, address (optional) and the agenda item letter your comments refer to. Comments are generally limited to 3 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under “Public Communications.” As an alternative to participating in the meeting you may submit comments in writing to Elizabeth.Thornhill@cityofrc.us by 12:00 PM on the date of the meeting. Written comments will be distributed to the Commissioners and included in the record. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are available at www.CityofRC.us. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission’s decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk’s Office and must be accompanied by a fee of $3,365 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cell phones while the meeting is in session. I, Elizabeth Thornhill, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted Seventy-Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. Page 1 2 1 9 4 DATE:January 24, 2024 TO:Chairman and Members of the Planning Commission FROM:Matt Marquez, Director of Planning and Economic Development INITIATED BY: Jennifer Nakamura, CNU-A, Deputy Director of Planning Elizabeth Thornhill, Executive Assistant II SUBJECT: Annual Selection of Officers for the Commission and Appointments to Other Committees RECOMMENDATION: Staff recommends the Historic Preservation Commission/Planning Commission take the following by minute actions: •Appoint a Chair to serve for calendar year 2024. •Appoint a Vice-Chair to serve for calendar year 2024. •Appoint two commissioners to serve on the Trails Advisory Committee for calendar year 2024. •Appoint two commissioners to serve on the Design Review Committee and one to serve as alternate for calendar year 2024. A Planning Commissioner also serves on the Public Art Committee for a two-year appointment. Commissioner Dopp was appointed in 2023 to serve on the Public Art Committee. His appointment ends in January 2025. BACKGROUND: The Administrative Regulations for the Planning Commission provide for the Commission to select its own officers, as well as members to serve on assigned committees. Current regulations state that officers and committee elections shall occur at the first regular meeting in January. The following positions shall be considered by the Commission: Historic Preservation/Planning Commission Officer Positions: •Chair •Vice-Chair Page 2 2 1 9 4 Design Review Committee: The Design Review Committee is responsible for reviewing the architecture (including material, finish, colors, and trim), site layout, building plotting, landscaping, compatibility with surrounding properties, and, when appropriate, signs, of new development. The committee’s emphasis is on quality design in the community as described in the City’s General Plan and the Development Code. The committee consists of the Planning Director or designee and two Planning Commissioners. The committee meets on the 1st and 3rd Tuesday of the month at 6:00 p.m. The committee is in need of two commissioners to serve and one alternate. Trails Advisory Committee: The Trails Advisory Committee assists the Planning Commission by reviewing proposed projects that may impact the existing trail system, its use, future improvements and addressing resident concerns. The committee meets monthly to discuss and provide recommendations to the City Council on the development of the City’s trail system. The committee is composed of two members of the Planning Commission and one member of the Planning Department, as well a representative for Equestrians and a representative for Bicyclists. The committee meets on the 2nd Wednesday of the month at 5:00 p.m. The committee is in need of two commissioners to serve. HPC/PC MINUTES – November 8, 2023 Page 1 of 10 Draft 2 8 3 1 Historic Preservation Commission and Planning Commission Agenda November 8, 2023 Draft Minutes Rancho Cucamonga, CA 91730 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on November 8, 2023. The meeting was called to order by Chair Dopp at 7:00 p.m. A. Roll Call Planning Commission present: Chair Dopp, Vice Chair Morales, Commissioner Williams, Commissioner Boling, and Commissioner Daniels. Staff Present: Serita Young, Assistant City Attorney; Matt Marquez, Director of Planning and Economic Development; Jennifer Nakamura, Deputy Director of Planning; Bond Mendez, Assistant Planner; Jason Welday, Director of Engineering; Sean McPherson, Principal Planner; Ash Syed, Senior Planner; Elizabeth Thornhill, Executive Assistant. B. Public Communications Chair Dopp opened the public communications. Hearing no comments, Chair Dopp closed public communications. C. Consent Calendar C1.Consideration to adopt Regular Meeting Minutes of October 25, 2023. Motion to adopt minutes as presented by Commissioner Boling; second by Commissioner Williams; Motion carried 5-0. D. Public Hearings D1. DESIGN REVIEW – NEWCASTLE PARTNERS - A request to demolish an existing office/warehouse building and its associated parking lot/outdoor storage area and construct two industrial/warehouse buildings totaling 74,387 square-feet within the Neo-Industrial (NI) District, located on the north side of 6th Street between Archibald Avenue and Hermosa Avenue at 9910 6th Street; APNs: 0209-211-42 and -43. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15332 - In-Fill Development Projects (Design Review DRC2022-00301). (CONTINUED FROM OCTOBER 25th, 2023, HPC/PC MEETING) Bond Mendez, Assistant Planner, provided Commissioners with Staff Report and PowerPoint presentation (copy on file). She mentioned Resolution 23-26 was revised to include today’s date and copies have been placed on the dais. HPC/PC MINUTES – November 8, 2023 Page 2 of 10 Draft 2 8 3 1 Chair Dopp stated that the public hearing is still open since the October 25th meeting. He asked if anyone wished to speak. Courtney Wing, Applicant, presented a slide to the Commissioners showing street frontage illustrating the utility poles. She stated the transmission lines/poles will remain in perpetuity because of the voltage. The Utility Company will not allow them to be underground. She asked the Commissioners tonight to charge the in-lieu fee as shown by staff in the conditions of approval. Commissioner Daniels asked if there were any tenants ready to move in. Courtney Wing answered they have no tenants at this time. Commissioner Boling asked what the potential start for demo is. Courtney Wing answered to start as soon as possible. No specific date. Alex Zamora, LIUNA Member, expressed his support for the project. With no other comments, Chair Dopp closed Public Hearing. Commissioner Boling mentioned he noticed in the conditions of approval the absence of fiber connectivity. He asked because of the adjacency to the existing planned fiber network throughout the city, that standard condition of approval has been included in this project. Bond Mendez answered yes. Commissioner Boling stated he appreciates the applicant’s inclusion of the bike parking/storage on 6th Street that it is a planned bike route for the southern portion of the city going east/west for future plans of extension improving the safety for bike travel. He mentioned that having those accommodations for prospective employees at this site to ride their bikes to work is definitely a plus. Also, regarding environmental, having the history of seeing that property in its previous use with vehicles waiting in line, idling for an extended length of time, the change in use could potentially have a minor offset with fewer vehicles idling. Commissioner Daniels asked about street improvements and how would they handle the railroad spur line. He stated it used to be a problem crossing because the railroad would not want the city to do improvements. Jason Welday, Director of Engineering, replied that the intent would be to design it in such a way to avoid affecting the crossing but designing it in such a way that in the future, as the rest of the road widens, then it will be widened. Chair Dopp asked for an explanation on CPTED. Crime Prevention Through Environmental Design. Bond Mendez explained CPTED is a goal within the General Plan. She stated either an existing or new development evolve to implement measures for safety, which includes a variety of elements such as landscaping, natural surveillance, different tactics, and design elements. She mentioned there are plans for her to give a presentation on this subject at a future date. Chair Dopp mentioned he appreciates the applicant redeveloping an aging site . He appreciates the effort, time, and resources they will be putting into this site over time. Motion to adopt Resolution 23-26 Design Review DRC2022-00301, with the revision (B.2.) adding today’s date, by Commissioner Daniels; Second by Commissioner Boling. Motion carried 5-0. HPC/PC MINUTES – November 8, 2023 Page 3 of 10 Draft 2 8 3 1 D2. DEVELOPMENT CODE UPDATE - Consideration to Recommend Approval to the City Council of Zoning Text Amendments to Articles II, III, V, VII, VIII, and IX of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code that will Include the Addition of a New Section for Major Exceptions, the Addition of New Subzone to the Summary Table and Land Use, Clarifications to Various Development Standards including updates to Drive-Thru Use and Service Station Standards, New Standards for Subdivisions in the Form Based Code, Adjustments to Open Space Requirements, and Additional Typographic and Formatting Amendments, and Recommendation of Zoning Map Amendments to Specific Parcels for Consistency with the General Plan (“PlanRC”). An Addendum to the General Plan Update and Climate Action Plan FEIR has been prepared for this project (Zoning Map Amendment DRC2023-00317; Municipal Code Amendment DRC2023-00318) (CONTINUED FROM OCTOBER 11th, 2023, HPC/PC MEETING) Sean McPherson, Principal Planner, and Jennifer Nakamura, Deputy Director of Planning, provided Commissioners with Staff Report and PowerPoint presentation (Copy on file). He mentioned staff received a letter earlier today with concerns by a stakeholder, which Commissioners received a copy of prior to this meeting citing concerns relating to proposed amendments involving major exceptions. Chair Dopp stated that the Public Hearing is still open from the October 11th meeting and asked if anyone wishes to speak on this item. Hearing no comments, The Public Hearing was closed. Commissioner Daniels asked to address the letter received this afternoon on the comments made. Jennifer Nakamura, Deputy Director of Planning, summarized context of letter as follows: •Felt major exceptions were a good start. Expressed concerns over the findings required for a major exception but also felt a need for additional amendments to the code in order to make some projects work. She mentioned that staff did have a discussion over the phone with stakeholder prior to the hearing, however, the discussion was more site-specific. Although it’s too early to evaluate the full impacts of any code amendment on a site-specific context, we will continue to work with this stakeholder as they contemplate development of their property. Commissioner Daniels asked if what is being proposed a site-specific problem vs. another site on Foothill Blvd. Jennifer Nakamura mentioned the context of the letter is a very site-specific problem. She does not believe it applies to every property in the zone shared with other properties. It depends on development types and what is being proposed. Commissioner Daniels asked if the commission should move forward with the code amendment as it is being proposed. Jennifer Nakamura explained there are options for Commissioners to consider: •Move forward as is and look at making future adjustments. •Ask to take this portion back and make additional refinements. •Continue the entire series of code amendments to a later date. The stakeholder did ask in letter to make additional major exceptions to consider. She said that is something we have not had a chance to analyze their requests. Commissioner Daniels stated that stakeholder can also ask for a waiver of certain code standards. HPC/PC MINUTES – November 8, 2023 Page 4 of 10 Draft 2 8 3 1 Jennifer Nakamura replied that there are other tools that may apply to this development but does not know what might apply. Will continue to work with all stakeholders on applications that meet the code and the intent of the General Plan. Commissioner Boling asked how do we ensure what is being recommended to the City Council actually meets the objective to grant those greater flexibilities with challenging problem sites. If there is no pressing need to push this forward, he would like to take time to do it right, spending a little bit more time on the procedural side and address some of those concerns. He asked is there a timing concern that this portion specifically has to go forward now. Jennifer Nakamura answered that there are no existing development applications in process that would be immediately dependent with this change in order to move forward. Commissioner Boling stated this being the major exceptions. Jennifer Nakamura replied yes. Commissioner Daniels stated with sub zones not allowing new businesses such as service stations. He asked can you take an existing business and expand. Jennifer Nakamura replied yes and mentioned that basically they will become an allowed use and will not become legal non-conforming uses. Commissioner Daniels asked would that be done through a design review or a director’s review. Jennifer Nakamura answered it would be an administrative review. Commissioner Daniels asked about service station spacing requirements. He noticed in the staff report it indicates requirements for two stations at intersection “will likely prevent” and to explain that verbiage. Sean McPherson replied that the intention is to eliminate prohibited redundancy. Commissioner Williams concurs with Commissioner Boling regarding the major exceptions. Asked if there is a way to remove that section, reword it, simplify the language to expand the intent of it and bring back later. Jennifer Nakamura mentioned that some of the stakeholders’ feedback on the findings was fair and understood their position. It caused her to think a little bit closer on what the major exceptions could look like. Chair Dopp stated looking at the matrix, the housing and floor plan 11-20 units, he mentioned that maybe three (3) plans would be more appropriate for that number of dwellings. Sean McPherson responded that the intent of this provision in the code is to facilitate and regulate the need for variety within the subdivision. Jennifer Nakamura stated to the commission that staff just observed that the parcels identified in the presentation on the east side of Rochester are privately owned and will be rezoned. She said on the west side of Rochester, the corner vacant parcel is not being rezoned and it is City owned property. The parcel to the north, is a private parcel. Sean McPherson added that staff will confirm that the zoning map associated with this proposal tonight will accurately reflect City parcel. HPC/PC MINUTES – November 8, 2023 Page 5 of 10 Draft 2 8 3 1 Commissioner Boling stated for the record, your concern about the number of floor plans 11-20, there is still a requirement for 3 elevations within those floorplans. From an exterior viewpoint, you do have some diversity in the type of nature in character of those individual building interior floorplans. Sean McPherson responded yes. Jennifer Nakamura stated that another thing that developers do is they do a reverse floorplan. It is the same exact floor plan but just in reverse order. It moves things around to provide that variety. Commissioner Boling stated the reverse does not count as a separate floor plan. Jennifer Nakamura replied yes. Chair Dopp stated his general thoughts on Article II major exceptions is good for flexibility, but asked is the data wrong or are the standards we put in the General Plan too stringent. If this is the standard we want to see in the city, but we keep making exceptions then provide outlets for any developer to ask for a major exception and bypass the standards we are looking for. That defeats the purpose in terms of the numbers we have. Jennifer Nakamura answered yes and stated that our values and vision in the General Plan are important, and we are trying to balance it with some economic and development realities. She explained when developing a vacant parcel, it’s simpler but when it’s an existing parcel with multiple players and with different constraints, it’s a more complex question that we are trying to figure out how best to answer. Chair Dopp mentioned regarding the comment letter from Costanzo Investments (stakeholder) asking for more of a major exception, they are asking us to sacrifice that much on our general plan vision, than it’s appropriate to hold them to a higher standard to get something in return. Commissioner Daniels mentioned he does not want staff to tailor a code for one problem parcel. There are other ways to be flexible on what he would like to do and develop his parcel. Jennifer Nakamura stated she agrees and would like to work with this property owner to figure out a solution that works for everyone. Commissioner Boling stated he would like to make a motion to move forward with Articles III, V, VII, VIII and Map Amendments. Holding back Article II for future evaluation and analysis and return to the Commission at a future date. Jennifer Nakamura requested an amendment to the zoning map assuring that the city owned parcel located on the northwest corner of Arrow/Rochester is not included and they will make sure it is clarified prior to City Council. Motion to adopt the proposed Resolution 23-28 to recommend City Council adopt DRC2023-00318 for Articles III, V, VII, VIII, XI along with Zoning Map Amendment DRC2023-00317 with recommendation to amend the zoning map to make a change on the city owned land for the epicenter parcel and holding Article II for a future date, by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. D3. Consideration of a Municipal Code Amendment to amend Title 17 of the Rancho Cucamonga Municipal Code establishing non-storefront medical cannabis retail as a use permitted with a minor use permit for properties located in portions of the Neo-Industrial (NI) and Industrial Employment (IE) zones, amending Chapter 8.52 of the Rancho Cucamonga Municipal Code exempting certain non-storefront medical cannabis retail from the prohibition on commercial cannabis activity; adding chapter 5.20 to the Rancho Cucamonga Municipal Code establishing regulatory and operational restrictions for non-storefront medical cannabis retailer. HPC/PC MINUTES – November 8, 2023 Page 6 of 10 Draft 2 8 3 1 This item is exempt from the California Environmental Quality Act, pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3). This Item will be forwarded to City Council for Final Action. Jennifer Nakamura, Deputy Director of Planning and Economic Development, provided Commissioners with Staff Report and PowerPoint presentation (copy on file). She stated that Cannabis is prohibited in the city with the exception of indoor cultivation, and it is limited to the greatest extent possible and has been in place for the last 7 years. Last year SB 1186 was signed by the Governor, which prohibited cities from stopping the retail sale by delivery of medical cannabis. She explained that within the regulatory framework, there is a specific cannabis classification called non-store front retail. We are now required to amend our code and are allowing one establishment, which will be the Neo-Industrial and Industrial Employment Zones. She said there will be a lottery process that will be developed of which businesses will be selected. Chair Dopp opened Public Hearing and hearing no comment, closed Public Hearing. Commissioner Boling asked how the 1000-feet separation requirement was determined and what is the maximum distance required under state law. Jennifer Nakamura replied that the separation requirement was modeled off an existing ordinance regulates Adult Entertainment. The 600-foot separation is the maximum for those types of uses required under state law. She said the 1000 feet was chosen to make sure it was not publicly visible to the greatest extent possible to major retails. Not to give people the impression that it is a retail location to go in and purchase. Commissioner Boling clarified that the 1000-foot separation is consistent with other portions of the code pertaining to other regulated businesses. Jennifer Nakamura replied yes. Commissioner Morales asked about the lottery process, and if it can be designed where the Police Chief and City Attorney are present to help certify it. His concern is that is where corruption and bribery can be introduced. Jennifer Nakamura stated once council adopts the ordinance, the lottery program will be developed. The City Attorney’s office will help develop the lottery process. She assured him there will be multiple double checks to avoid those types of things. His concern is well noted, and it is something they will include to help avoid inappropriateness in the lottery process. Commissioner Morales mentioned he read the state fact sheet and did not find the driver needs to be over 21 years old. He asked is that something that is already included but not on the fact sheet. Serita Young explained that this area is regulated heavily and have to be mindful when crafting regulations. She is certain the state regulations have requirements around drivers. She said they will have to get a state license as well, which will come with a host of restrictions. Commissioner Boling asked does the city have any other lottery procedures set in place. Jennifer Nakamura answered no and that this is the City’s first. Commissioner Daniels asked what the reason is for being strictly medical. Jennifer Nakamura answered what the legislation wanted to do is try and ensure people that had medical reasons had easy access to it. HPC/PC MINUTES – November 8, 2023 Page 7 of 10 Draft 2 8 3 1 Serita Young explained the SB 1186 is to stop local authorities/cities from prohibiting medicinal cannabis retail activities, including deliveries. It’s to get medicinal cannabis to those individuals who need it and stop cities prohibiting those deliveries within that jurisdiction. Commissioner Boling stated everything we are considering tonight pertains to a perspective business that will be housed here within our jurisdiction. None of what we are considering applies to a business in an adjacent community that might come into Rancho Cucamonga for deliveries. Serita Young answered correct, you can still have deliveries outside of the city. Community members are not limited to deliveries from that one source within the city. Vice Chair Morales stated we are in compliance with state law. He said we are able to put appropriate regulations into place to protect our community and added that the zoning choice was a good selection. Chair Dopp stated for the record, additional medicinal cannabis is overall good but there is a severe negative effect that is overlooked because it’s a cultural positive. He expressed disappointment that we are going to have to pass an amendment like this because it’s a state law. It’s easy to buy into the myth that it’s only all good things, and it’s not that bad. He said what we are doing with this regulation specifically addresses a lot of concerns he has, which is, if we are going to have to follow state law, then we are doing everything we can to regulate that to the maximum possible. He wants to make it clear that this is not really something we are willing to open the door on. Commissioner Williams mentioned that she was there during the original decision making while a Council Member and remember reading the report and admitted it was tempting with so many cities that jumped on board thinking about all the tax money they were going to make. Unfortunately, it did not turn out as they thought it would. She is pleased that we put our foot down and said no. Of course, state law is state law. She does appreciate the fact we will be keeping an eye on it. She is proud of Rancho Cucamonga and subsequent Council holding the line on this and said it’s important for our city to continue that. She thanked Jennifer for all the work she has done on this. Motion to adopt the proposed Resolution 23-29 recommending Council adopt the proposed ordinance by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. D4. Consideration of a Master Plan for the Epicenter Area, to articulate a vision for enhanced uses and activity and implement development standards for the city-owned parcels commonly known as the Epicenter Sports Complex, consisting of Quakes Stadium, Sofive Soccer Center, Rancho Cucamonga Sports Center, Rancho Cucamonga Animal Center, Rancho Cucamonga Municipal Utility Facility and Parking, associated parking lots and a City owned vacant lot at the northwest corner of Rochester and Arrow. No privately owned parcels are subject to this proposed plan. APN’s 229-012-73 and -74, 0229-012-01,-02,-03,-09,-10,-22,-23,-72. An addendum to the General Plan Program Environmental Impact Report (SCH No. 2021050261) has been prepared for this project. This Item will be forwarded to City Council for Final Action. Jennifer Nakamura, Deputy Director of Planning and Economic Development, provided Commissioners with Staff Report and PowerPoint presentation (copy on file). Chair Dopp opened Public Hearing and hearing no comment, closed Public Hearing. Commissioner Williams asked about the Farmers Markets tactical shipping containers, she expressed they are ugly. Jennifer Nakamura explained there are business entities that utilize those for short-term retail opportunities. HPC/PC MINUTES – November 8, 2023 Page 8 of 10 Draft 2 8 3 1 Matt Marquez explained that some entities repurpose shipping containers and turn them into a number of different things. He said they create a unique, attractive environment. Commissioner Williams expressed her concerns that we do not want to create a swap meet atmosphere. Jennifer Nakamura agreed that tactical retail can be more transient. She explained that there is a recreational vehicle trailer in Victoria Gardens next to JC Penny’s in a parked stall. It is a retail location, that could be there for some time or can be movable, such as food trucks. She said we are looking at how do we operate this space in the long term. Whether it is managed by staff or find an operator to manage this space. Its City owned, so we have a lot of control over the tenants and the type of uses and development. We want to make sure they provide the highest level of service. Commissioner Williams mentioned it sounds like semi-permanent shopping. That is what they end up being and goods are moved quite freely that way. Vice Chair Morales stated that this establishes the real downtown that PlanRC calls for and it also improves the value per acre in this area. The implementation playbook is a good helpful tool. Commissioner Boling stated from a food and beverage entertainment perspective, often developers and businesses refer to an 18-hour restaurant and entertainment zone. There was reference ensuring a certain portion of this would be accessible to the public 12-hours per day. He has seen an 18-hour desire to have people there. He mentioned that the bars close down at 2am and that is when breakfast starts. He asked is there a consideration to extend to an 18-hour entertainment restaurant zone. Jennifer Nakamura explained the intention with the 12-hours was to make sure it’s self publicly accessible for the majority. She said we can design that to make it a minimum so there really is no maximum. We want to make it at least accessible a minimum of 12-hours. Commissioner Boling expressed to be cautions on how the language will be placed. Creating a restriction of mandatory 12, minimum of 12 or not more than 12. Jennifer Nakamura agrees, and they will take a final look at that. Commissioner Boling stated having experience with higher intensity more urban uses shoot for an 18-hour activity. He also asked about the zoning of Sebastian, what would be allowed there. Would restaurants, bars, entertainment, and support business be allowed. Jennifer Nakamura answered the private parcels are zoned corridor two and entertainment, bars, restaurants activities would be allowed. Commissioner Boling stated this all sounds great as a master plan. He said back in August of this year, it was announced the City of Ontario entered into an MOU with owner of the Quakes in order to pursue a potential baseball team in the City of Ontario. If there is a swap for the Quakes in another different level of baseball, what does that mean to these plans if Quakes are no longer tenants. Jennifer Nakamura answered that it is our understanding that stadium improvements will be needed system wide. It is a high likelihood for two teams coming here. The Quakes will continue to stay here in some form. We can always come back and revisit that Master Plan if things change at some point in the future. HPC/PC MINUTES – November 8, 2023 Page 9 of 10 Draft 2 8 3 1 Chair Dopp asked about shared parking. Have there been discussions with the private developer/landowners in the adjacent areas as to whether they may be open, to probably for a fee, their parking lots. Jennifer Nakamura replied that they have not had a discussion. She said we would want to look at the development proposal, what the needs are for parking and work from there. These are visionary ideas as far as moving forward with shared parking. Chair Dopp stated on those visionary items, there is a lot to like in the Master Plan. He expressed he enjoys the idea of activation and spaces you are creating to the north bringing more people into that area, which is essential long term to the future of the Epicenter. He is all in on the Soccer idea. He has been pushing for years. The Massey Plaza development is underutilized. There is an opportunity to, it really can enhance a more outward direction in terms of being a place to be. He appreciates the thoughtfulness that was put into the plan. The long-term plan having a Beer Garden attached to the Epicenter, with the long term being opened to the public beyond event hours. Jennifer Nakamura replied that nothing is off the table at this time, as long as it is within the vision of the Master Plan. Commissioner Boling asked where the Epicenter is relative to the EIFD. Jennifer Nakamura replied the Epicenter may be part of the EIFD, but would need to double check. Commissioner Boling stated there is a potential to use financing to pay for some of the improvements. Jennifer Nakamura replied yes. Motion to adopt the proposed Resolution 23-27 recommending the City Council adopt the Epicenter Master Plan by Commissioner Boling; Second by Commissioner Williams. Motion carried 5-0. F. Director Announcements Matt Marquez announced that yesterday they had their third in-person Round Table Discussion. Each meeting attendance increases. The discussion is spirited. The meetings will continue to keep the communication open to get a better understanding of what we are working on and what is going on in the city. Jennifer Nakamura mentioned we will not be having a meeting in two weeks, and we will be adjourning to December 13th. G. Commission Announcements Commissioner Boling asked for clarification regarding the Round Table Discussion. He wanted to confirm it’s generally attended by staff and Commissioners should stay clear. It would be walking into dangerous waters for Commissioners to attend. Is that correct. Matt Marquez replied that is correct. HPC/PC MINUTES – November 8, 2023 Page 10 of 10 Draft 2 8 3 1 H. Adjournment Motion by Commissioner Williams, second by Commissioner Daniels to adjourn the meeting. Hearing no objections, Chair Dopp adjourned the meeting at 9:06 p.m. Respectfully submitted, Elizabeth Thornhill, Executive Assistant Planning and Economic Development Department Approved: DATE:January 24, 2024 TO:Chair and Members of the Planning Commission FROM:Matt Marquez, Director of Planning and Economic Development INITIATED BY:Bond Mendez, Associate Planner SUBJECT:CONDITIONAL USE PERMIT – ROCKSTARS OF TOMORROW - A request to establish a specialized education and training school for a music in an existing industrial building within the Neo-Industrial (NI) Zone, located on the northeast corner of 7th Street and Hellman Avenue at 9350 7th Street, Units B & C; APN: 0209-171-57. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Section 15301 – Existing Facilities (Conditional Use Permit DRC2021-00332). RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit DRC2021-00332 through the adoption of the attached Resolution of Approval with Conditions. BACKGROUND: The applicant is requesting authorization to operate a specialized education and training school (Rockstars of Tomorrow) in two tenant suites, Units B and C, within an existing 13,136 square foot industrial building located at 9350 7th Street. Both units B and C cumulatively total approximately 3,960 square feet in size. The project is located within the Neo-Industrial (NI) Zone located at the northeast corner of 7th Street and Hellman Avenue. Figure 1: Aerial view of site located northeast of intersection at 7th Street and Hellman Avenue. The red box is the location of the tenant within the business park outlined with the green box. Page 2 of 4 2 1 9 7 The site is developed as an existing industrial office complex, Golden West Business Park, which is surrounded by various industrial and office uses to the north, east and west, and residential uses to the north and to the west across Hellman Avenue. The industrial/office complex is comprised of a total of two (2) parcels and eleven (11) buildings. The multi-tenant building for the proposed use is on the western parcel of the complex located directly on the corner of 7th Street and Hellman Avenue. (0209-171-57). The building sits at the northwest corner of the parcel approximately 500 feet north of 7th Street. The applicant does not propose any changes or alterations to the building or site improvements other than interior tenant improvements and any associated signage. The business was previously located in another industrial park tenant suite at 11650 Mission Park Drive from 2015-2020. The owners needed to relocate during the Covid-19 pandemic to sustain the business. The operations have not changed or been modified from the previous location and the business has not had a history of any code violations or compliance notices. The existing Land Use, General Plan, and Zoning Designations for the project site and adjacent properties are as follows: Table 1 – Land Use Information Land Use General Plan Zoning Site Industrial/Offices Neo Industrial Employment District Neo Industrial (NI) North Single-Family Residential (Existing non-conforming) Industrial Employment District Industrial Employment (IE) South Single-Family Residential Suburban Neighborhood Very Low Low Residential (L) East Industrial/Offices Neo Industrial Employment District Neo Industrial (NI) West Industrial/Offices Neo Industrial Employment District Neo Industrial (NI) PROJECT ANALYSIS: The applicant proposes to operate a specialized education and training school at the existing property. The operations are broken up into two separate tenant spaces, units B & C, each 1980 square feet. Unit B includes a lobby, lesson rooms, administrative offices, and open warehouse floor area for storage of equipment. Unit C includes a lobby, administrative office, and open warehouse floor area used for rehearsals. Outdoor operations are not proposed for the business and the use is conditioned to not allow operations outdoors. The business anticipates 6 employees and 5 students maximum at any one time for administration and instruction. Hours of operation will be 3:00 pm – 8:00 pm Monday through Thursday, 2:00 pm – 6:00 pm on Friday, 9:00 am – 3:00 pm on Saturday, and closed on Sunday. See the floor plan on the following page. Page 3 of 4 2 1 9 7 Figure 2: Floor plan. Pursuant to Development Code Section 17.32.020.C.19, the City of Rancho Cucamonga defines such uses as “School, specialized education and training.” This definition includes specialty schools for instructing and training students in a variety of specialized programs, including, but not limited to, computers and electronics training, drama, driver educational, language, and music. The use is permitted within the Neo-Industrial (NI) zone upon issuance of a Conditional Use Permit (CUP). Parking: Per table 17.64.050-1 of the Development Code, the parking requirement for this specific use type is based on a ratio of 1 parking space per student and 1 parking space per instructor. This equates to 11 required parking spaces for the proposed use. Staff notes that other existing uses on the subject parcel include various other uses such as office uses, light manufacturing, wholesale and distribution, and similar uses. Notably, as it related to parking, the parcel where the proposed use is located is part of a larger commercial/industrial complex (“Golden West Business Park,” referenced earlier in the report), which is comprised of 11 buildings over 2 Page 4 of 4 2 1 9 7 parcels, and which provides 727 shared parking spaces. Thus, it is not anticipated that the proposed use will result in any significant parking impacts nor is the use expected to cause a conflict with the parking needs of the other adjacent uses. CEQA DETERMINATION: The Planning and Economic Development Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA). The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities Projects which includes leasing of existing private structures and facilities. The General Plan Land Use and Zoning designation for the project site are Neo-Industrial Employment District and Neo-Industrial zone, respectively, which permits the operation of a specialized education and training school of the proposed size and configuration. The project complies with the City’s development standards and design guidelines, including setbacks, height, lot coverage, and design requirements. The project site is located within the City limits and is surrounded by existing industrial development and City infrastructure. CORRESPONDENCE: This item was advertised as a public hearing with a regular legal advertisement in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 1,500-foot radius of the project site on January 11, 2024. To date, no comments have been received regarding the project. COUNCIL MISSION / VISION / VALUE(S) ADDRESSED: General Plan Goal LC-1.1 Complete Places states to ensure that a broad range of recreational, commercial, educational, arts, cultural, and civic amenities are nearby and easily accessible to residents and workers in each neighborhood and each employment district. The proposed specialized education and training school will enhance Rancho Cucamonga’s premier community status by providing education through the arts and the City will be supporting a small business. EXHIBITS: Exhibit A – Project Plans Exhibit B – Draft Resolution of Approval 24-02 for Conditional Use Permit Exhibit C – Conditions of Approval 7th STREETHELLMAN AVENUE9340 9370 93809330 93909320 9350 9360 NOT IN CONTRACT NOT IN CONTRACTNOT IN CONTRACTNOT IN CONTRACT NOT IN CONTRACT NOT IN CONTRACT NOT IN CONTRACT LEGEND PROPERTY LINE VEHICLE ENTRY/EXIT PEDESTRIAN ENTRY AREA OF WORK NOTES 1. VERIFY DIMENSIONS IN FIELD OF ALL EXISTING CONDITIONS PRIOR TO PROCEEDING OF WORK. ANY SIGNIFICANT DISCREPANCIES MUST BE REPORTED TO DESIGNER AND OWNER PRIOR TO PROCEEDING. A-1.0 OVERALL SITE PLAN SCALE: 1/32" = 1'-0" OVERALL SITE PLAN 1 05.15.2022 SchematicNOT FOR CONSTRUCTIONbeingernest:designREVISIONDATE Ernest Gene Convento736 E. 84th Place : Los Angeles, CA 90001m: 562.618.52819350 7TH STREET, UNIT C, RANCHO CUCAMONGA, CA 91731Prepared for:ALAN BENSON9350 7TH STREET, SUITE C, RANCHO CUCAMONGA, CA 91730PROJECT 051 [ D Zone - APN: 020917157 ]ROCKSTAR OF TOMORROW07.12.2022 Design Dev. 09.11.2022 Plan Check 1 1 1 Exhibit A Rockstars of Tomorrow Floor Plan 9350 7th Street, Units B & C RESOLUTION NO. 24-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2021-00332, A REQUEST TO ESTABLISH A SPECIALIZED EDUCATION AND TRAINING SCHOOL FOR A MUSIC SCHOOL IN AN EXISTING INDUSTRIAL BUILDING WITHIN THE NEO-INDUSTRIAL (NI) ZONE, LOCATED ON THE NORTHEAST CORNER OF 7TH STREET AND HELLMAN AVENUE AT 9350 7TH STREET, UNITS B & C; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-171-57. A.Recitals. 1. The Applicant, Rockstars of Tomorrow, filed an application for Conditional Use Permit DRC2021-00332, 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 the 24th day of January 2024, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 the substantial evidence presented to this Commission during the above-referenced public hearing on January 24, 2024, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project site consists of approximately 18.94 acres of developed land and is located on the northeast corner of 7th Street and Hellman Avenue; and b. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: Exhibit B PLANNING COMMISSION RESOLUTION NO. 24-02 DRC2021-00332 ROCKSTARS OF TOMORROW JANUARY 24, 2024 Page 2 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 consistent with the general plan designation, Neo-Industrial Employment (NI) District, which encourages low industrial uses with minimal impact and to support the growth of creative and new businesses. The site is developed with an existing industrial building, parking, and landscaping. A specialized education and training school will have minimal impact on adjacent uses and properties and authorizing the use will support the growth of an existing business. The proposed used is consistent with the general plan. b. The proposed use is consistent with the purposes of the Development Code and purposes of the applicable zone as well as any applicable specific plans or city regulations and standards. A specialized education and training school is allowed in the Neo-Industrial (NI) Zone upon the approval of a Conditional Use Permit. The use is consistent with the zoning designation and development code in that the use does not propose any expansions or modifications which will not result in any new development and remains consistent with its current development pattern. The Development Code does not have specific regulations or standards to apply to the operations of a specialized education and training school. The site is not subject to any specific plans. c. The site is suitable for the type, density, and intensity of the proposed use. The site is improved with an existing industrial building including access and circulation, parking, structures, utilities, and landscaping. No changes are proposed to the site except for associated tenant improvements and signage which may be proposed under a separate permit. No additional physical constraints have been added that may impede the operation of the existing surrounding land use nor the proposed land use. Therefore, the project site is well-suited for the proposed use. d. The design, location, size and operating characteristics of the proposed use would be compatible with the existing and other permitted uses in the vicinity including transportation and service facilities. The specialized education and training school will operate entirely within an existing building and will not operate beyond the project parcel nor onto the property of adjacent uses. The intensity of the use is not expected to exceed the intensity of adjacent uses. e. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The scale and operation of the use will not negatively impact the Land Use General Plan Zoning Site Industrial/Offices Neo Industrial Employment District Neo Industrial (NI) North Single-Family Residential (Existing non-conforming) Industrial Employment District Industrial Employment (IE) South Single-Family Residential Suburban Neighborhood Very Low Low Residential (L) East Industrial/Offices Neo Industrial Employment District Neo Industrial (NI) West Industrial/Offices Neo Industrial Employment District Neo Industrial (NI) PLANNING COMMISSION RESOLUTION NO. 24-02 DRC2021-00332 ROCKSTARS OF TOMORROW JANUARY 24, 2024 Page 3 normal operations of any of these surrounding uses. The proposed use has been conditioned to meet performance criteria, safety standards, maintenance standards and all other Municipal Code standards to mitigate any potential impact related to the specialized education and training school. f. The proposed use will not pose an undue burden on city services, including police, fire, streets, and other public utilities, such that the city is unable to maintain its current level of service due to the use. The use does not pose any undue burdens in that it will occupy an existing tenant space which will not require additional service from streets and utilities. The use does not authorize any operations which may result in additional service requests from Fire or Police that are not normally associated with similar adjacent existing uses. 4. The Planning and Economic Development Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA). The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 - Existing Facilities Projects which includes leasing of existing private structures and facilities. The Conditional Use Permit will authorize the use of a specialized education and training school within an existing structure. The General Plan Land Use and Zoning designation for the project site are Neo-Industrial Employment District and Neo-Industrial zone, respectively, which permits the operation of a specialized education and training school of the proposed size and configuration with a Conditional Use Permit. The project complies with the City’s development standards and design guidelines, including setbacks, height, lot coverage, and design requirements. The project site is located within the City limits and is surrounded by existing industrial development and City infrastructure. The Planning Commission has reviewed the Planning and Economic Development Department’s determination of exemption, and based on its own independent judgement, concurs in the staff determination of exemption. 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 attached standard conditions incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 2024. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman ATTEST: Matt Marquez, Secretary PLANNING COMMISSION RESOLUTION NO. 24-02 DRC2021-00332 ROCKSTARS OF TOMORROW JANUARY 24, 2024 Page 4 I, Matt Marquez, 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 24th day of January 2024, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval Community Development Department Project #: DRC2021-00332 Project Name: EDR - Rockstars Of Tomorrow Musicians Academy Location: 9350 7TH ST B - 020917157-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions The Conditional Use Permit authorizes a specialized education and training facility for a music school within an existing tenant space within the Neo-Industrial (NI) Zone, located on the northeast corner of 7th Street and Hellman Avenue within the Golden West Business Park at 9350 7th Street, Units B & C; APN: 0209-171-57. 1. The Conditional Use Permit authorizes a specialized education and training facility to provide private lessons and training. Operating hours are limited to the hours of 3:00 pm – 8:00 pm Monday through Thursday, 2:00 pm – 6:00 pm on Friday, 9:00 am – 3:00 pm on Saturday, and closed on Sunday. No outdoor activity is authorized with this Conditional Use Permit. 2. The Conditional Use Permit does not authorize any live entertainment.3. Standard Conditions of Approval The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 4. www.CityofRC.us Printed: 1/8/2024 Exhibit C Project #: DRC2021-00332 Project Name: EDR - Rockstars Of Tomorrow Musicians Academy Location: 9350 7TH ST B - 020917157-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials , officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively “Indemnitees”), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature ), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures ) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and /or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City ), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to this approval, the Planning Director’s actions, the Planning Commission’s actions, and/or the City Council’s actions , related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit , action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve , which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 5. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet (s) are for information only to all parties involved in the construction /grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 6. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 7. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. 8. www.CityofRC.us Page 2 of 4Printed: 1/8/2024 Project #: DRC2021-00332 Project Name: EDR - Rockstars Of Tomorrow Musicians Academy Location: 9350 7TH ST B - 020917157-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval Any modification or intensification of the approved use, including revisions in the operations of the business including changes to the operating days /hours; change in the location on -site or within the building of the use /activity that is approved by this Conditional Use Permit; improvements including new building construction; and/or other modifications /intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check /occupancy, construction, commencement of the activity, and/or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City. 9. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and /or Master Plans in effect at the time of Building Permit issuance. 10. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department (RCFD) Standards. 11. 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 Department, the conditions contained herein, and the Development Code regulations. 12. Fire Prevention / New Construction Unit Standard Conditions of Approval Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-5. The Standard has been uploaded to the Documents section. 1. Fire extinguishers are required in accordance with Section 906 of the California Fire Code. Consult with the Fire Inspector for the correct type, size, and exact installation locations. 2. Fire sprinklers are required to be installed in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 3. Storage of certain combustible commodities and /or business supplies in excess of threshold amounts requires a permit from the Fire District. Please contact the Fire District at 909-477-2770 or RCFire@CityofRC.us to discuss the storage operations for this business. 4. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. 5. www.CityofRC.us Page 3 of 4Printed: 1/8/2024 Project #: DRC2021-00332 Project Name: EDR - Rockstars Of Tomorrow Musicians Academy Location: 9350 7TH ST B - 020917157-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval Street address and unit /suite signage for commercial and industrial buildings are required to be in accordance with Fire District Standard 5-8. The Standard has been uploaded to the Documents section. 6. www.CityofRC.us Page 4 of 4Printed: 1/8/2024 DATE: January 24, 2024 TO: Chairman and Members of the Planning Commission FROM: Matt Marquez, Director of Planning and Economic Development INITIATED BY:Tabe van der Zwaag, Associate Planner SUBJECT:TENTATIVE PARCEL MAP – PATRIOT PARTNERS – A request to consolidate five (5) parcels of land into one (1) parcel totaling 5.2 acres within the Neo-Industrial (NI) Zone, located on the south side of Whittram Avenue between Etiwanda Avenue and Hickory Avenue at 13045 Whittram Avenue; APNs: 0229-162-04, -05, -11, -12, and -13. SUBTPM20642; Related files: Design Review DRC2022-00156 and Conditional Use Permit DRC2023-00142. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA guidelines under CEQA Section 15315 – Minor Land Divisions. RECOMMENDATION: Staff recommends the Planning Commission take the following action: •Approve Tentative Parcel Map SUBTPM20642 through the adoption of the attached Resolution and Conditions of Approval. EXECUTIVE SUMMARY: A request to consolidate five parcels of land into one parcel totaling 5.2 acres, within the Neo-Industrial (NI) Zone, located on the south side of Whittram Avenue between Etiwanda Avenue and Hickory Avenue at 13045 Whittram Avenue related to the construction of an approved 86,194 square foot industrial building. BACKGROUND: The proposed tentative parcel map is related to a previously approved Design Review (DRC2022-00156) and Conditional Use Permit (DRC2023-00142) for the construction and operation of an 86,194-square-foot industrial building. The project was reviewed by the Planning Commission and recommended for approval by the City Council on June 28, 2023. The project was reviewed and unanimously approved (Mayor Pro Tem Kennedy & Council Member Stickler were absent) by the City Council on August 16, 2023 (see Exhibit C). As part of the Conditions of Approval, the applicant was required to submit a Tentative Parcel Map application to consolidate the project site into one parcel of land prior to the approval of building permits. PROJECT ANALYSIS: The applicant proposes consolidating five parcels of land into one parcel totaling 5.2 acres (see Exhibit B). The generally square project site is made up of five parcels of land and has a frontage (width) of about 514 feet along Whittram Avenue and a depth of approximately 516 feet from north to south. The Whittram Avenue frontage is currently not improved with curb, gutter, and sidewalks but has been conditioned to install the missing public improvements as part of the related Design Review conditions of approval. Page 2 of 3 2 2 0 1 The existing land uses, General Plan, and zoning designations for the project site and surrounding properties are as follows: Table 1 – Land Use Information Land Use General Plan Zoning Site Vacant Neo Industrial Employment District Neo Industrial (NI) North Trucking Firm Neo Industrial Employment District Neo Industrial (NI) South Rail Line Industrial Employment District Industrial Employment (IE) East Vehicle Dismantling Neo Industrial Employment District Neo Industrial (NI) West Vacant Land/ Miscellaneous Uses Neo Industrial Employment District Neo-Industrial (NI) The Subdivision Map Act requires lot consolidations over 4 lots to be approved by a tentative parcel map rather than a lot line adjustment. The proposed tentative map complies with all pertinent standards for the Neo-Industrial (NI) Zone, and the subdivision complies with Chapter 16.22 (Parcel Maps – Four or Less Parcels), of the Rancho Cucamonga Municipal Code: Table 2 – Subdivision Development Standards CEQA DETERMINATION: Planning staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 – Minor Land Divisions, as the project involves the consolidation of five parcels into one parcel where no physical changes occur. Staff finds that there is no substantial evidence that the project will have a significant effect on the environment. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper on January 11, 2024, the property was posted on January 11, 2024, and notices were mailed to all property owners within a 1,500- foot radius of the project site on January 11, 2024. No correspondence has been received in response to these notices. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: General Plan Policy LC-1.9 encourages new development projects to be built on vacant and underutilized properties. The proposed tentative parcel map is related to the construction of an industrial building that will enhance our premier community status by providing a well-designed warehouse building that is complementary to the surrounding land uses and will provide additional employment opportunities for our residents and the region. Development Standard Required (min)Proposed In Compliance? Lot Area 0.5 acres 5.2 acres YES Lot Width 100 ft.514 ft.YES Page 3 of 3 2 2 0 1 EXHIBITS: Exhibit A - Location Map Exhibit B - Tentative Parcel Map 20642 Exhibit C - Planning Commission & City Council Minutes Exhibit D - Draft Resolution of Approval 24-01 for Tentative Parcel Map SUBTPM20642 Exhibit E – Conditions of Approval Exhibit A Exhibit B Historic Preservation Commission and Planning Commission Agenda June 28, 2023 FINAL MINUTES Rancho Cucamonga, CA 91730 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on June 28, 2023. The meeting was called to order by Chair Dopp at 7:00 p.m. A.Roll Call Planning Commission present: Chair Dopp, Vice Chair Morales, Commissioner Williams, Commissioner Boling, and Commissioner Daniels. Staff Present: Serita Young, Assistant City Attorney; Matt Marquez, Director of Planning and Economic Development; Jennifer Nakamura, Deputy Director of Planning; Mena Abdul-Ahad, Assistant Planner; Sean McPherson, Acting Principal Planner; Brian Sandona, Senior Civil Engineer; Elizabeth Thornhill, Executive Assistant. B.Public Communications Chair Dopp opened the public communications and seeing no one, closed public communications. C.Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of June 14th, 2023. Motion to adopt Meeting Minutes as presented by Commissioner Boling; second by Commissioner Williams; Motion carried 4-1 vote. Abstain: Chair Dopp. D.Public Hearing D1. DESIGN REVIEW AND CONDITIONAL USE PERMIT – PATRIOT PARTNERS - A request to construct and operate one (1) warehouse/distribution building totaling 86,392 square feet within the Neo-Industrial (NI) Zone, located on the south of Whittram Avenue between Etiwanda Avenue and Hickory Avenue at 13045 Whittram Avenue; APNs: 0229-162-05, -04, -11, -12, and -13. Pursuant to Development Code Section 17.14.060 and 17.20.060.D, the City Council is the final approving authority for this application and will hold a separate noticed hearing at a later date. This item is exempt from the requirements of the California Environmental Quality Act (CEAQ) under CEQA Section 15332—In-Fill Development Projects. (Design Review DRC2022-00156 and Conditional Use Permit DRC2023-00142). (CONTINUED FROM JUNE 14, 2023, HPC/PC MEETING.) Mena Abdul-Ahad, Assistant Planner, provided Commissioners with Staff Report and PowerPoint presentation (copy of file). She mentioned the published Staff Report had the wrong square footage of 86,392, correct is 86,194. Exhibit C With no comments from the Commission, Chair Dopp re-opened the public hearing. Kevin Rice, Applicant, and his team were in attendance and available for questions. No one came forward to speak regarding the agenda item. Therefore, public hearing was closed. Commissioner Daniels asked where the block wall be located. Mena Abdul-Ahad answered the block wall would surround the perimeter and within the drive isles there would be the tubular steel/rolling gate and the height maximum for industrial can go up to 8 ft. Commissioner Daniels asked about the flood control easement on the 1.1 acres. Will that be left in is natural state until something happens. There is a large dip on the west end and asked will something be done to the storm drain before construction begins. Brian Sandona, Civil Engineer, replied that at this time the Engineering department does not require a bridge to be built because it rarely floods. Although, one day there will be a bridge built but not at this time. Chair Dopp stated the roads are in terrible condition. The traffic down the road can cause further deterioration. He suggested something for Engineering to further explore. Brian Sandona mentioned that they do require applicants to resurface the street if it’s in bad shape. He said they will look into further during the plan check process. Chair Dopp asked staff for additional details on special condition for affordable housing and if money amount is attached. Jennifer Nakamura explained the non-residential affordable housing in-lieu fees. Commissioner Boling expressed his thanks to the applicant for bringing forward this project with such a modern design. He also expressed his appreciation for incorporating input from staff, as well as the Design Review Committee. Vice Chair Morales stated it’s a well-designed warehouse building and a street that needs a lot of improvement. This will enhance it. Commissioners Dopp, Daniels, and Williams concur with their fellow Commissioners and are in favor of the project. Motion by Commissioner Boling, with amendment to correct sq. ft. 86,194 to the Conditions of Approval, Resolutions 23-13 DRC2022-00156, and 23-14 Conditional Use Permit DRC2023-00142; recommending to City Council for approval; second by Commissioner Daniels. Motion carried 5-0 vote. E. Director Announcements Jennifer Nakamura announced there will be an HPC/PC meeting in two weeks, July 12th. F. Commission Announcements Chair Dopp mentioned that he and Commissioner Daniels had the pleasure of attending CNU Conference in Charlotte, NC and found it informative and a great learning experience. G. Adjournment Motion by Commissioner Boling, second by Commissioner Williams to adjourn the meeting. Hearing no objections, Chair Dopp adjourned the meeting at 7:24 p.m. Respectfully submitted, Elizabeth Thornhill, Executive Assistant Planning and Economic Development Department Approved: HPC/PC July 12, 2023, meeting. HPC/PC MINUTES – June 28, 2023 Page 2 of 2 FINAL August 16, 2023 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY,SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES The City Council of the City of Rancho Cucamonga held a closed session on Wednesday, August 16, 2023,in the Tapia Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 PM. Present were Council Members: Ryan Hutchison, Kristine Scott and Mayor L. Dennis Michael Absent were: Mayor Pro Tern Lynne Kennedy and Council Member Stickler Also present were: John Gillison, City Manager; Elisa Cox, Assistant City Manager; Nicholas Ghirelli, City Attorney; Matt Burris, Deputy City Manager/Economic and Community Development and Julie Sowles, Deputy City Manager/Civic and Cultural Services. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATORS JOHN GILLISON, CITY MANAGER AND ELISA COX,ASSISTANT CITY MANAGER PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT GROUP. CITY) D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8408 ROCHESTER AVENUE, RANCHO CUCAMONGA, CA 91730 (RANCHO CUCAMONGA EPICENTER STADIUM); AGENCY NEGOTIATORS: JOHN GILLISON AND ELISA COX, REPRESENTING THE CITY OF RANCHO CUCAMONGA; NEGOTIATING PARTY: RANCHO BASEBALL LLC; REGARDING PRICE AND TERMS OF PAYMENT. (CITY) D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227-121-56-0000 COMMONLY KNOWN AS ADDRESS 7089 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RAYMOND WOLFE, EXECUTIVE DIRECTOR, REPRESENTING SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (SBCTA), REGARDING PRICE AND TERMS. (CITY) August 16, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 6 D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY IDENTIFIED AS PARCEL NUMBERS 0227-121-55 COMMONLY KNOWN AS ADDRESS 7092 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA 91730; NEGOTIATING PARTIES MATT BURRIS, DEPUTY CITY MANAGER ECONOMIC AND COMMUNITY DEVELOPMENT, REPRESENTING THE CITY OF RANCHO CUCAMONGA, RICHARD HAMM, REPRESENTING PELICAN COMMUNITIES, REGARDING PRICE AND TERMS. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. TOWER OF POWER CORPORATION, ET AL., SBSC CASE NO.: CIVSB2110388. (CITY) D6. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION PURSUANT TO PARAGRAPH(1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP (CITY) E. RECESS The closed session recessed at 6:05 p.m. REGULAR MEETING-7:00 PM CALL TO ORDER-COUNCIL CHAMBERS The Regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority, and the City of Rancho Cucamonga City Council were held on August 16, 2023, in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 PM. Present were Council Members: Ryan Hutchison, Kristine Scott and Mayor L. Dennis Michael. Absent were: Mayor Pro Tern Lynne Kennedy and Council Member Stickler. Also present were: John Gillison, City Manager; Nicholas Ghirelli, City Attorney; and Patricia Bravo- Valdez, MMC, Deputy Director of City Clerk Services. Council Member Scott led the Pledge of Allegiance. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENT/ PRESENTATIONS None. Mayor Michael announced that at the conclusion of the City Council meeting, the City Council will have a moment of silence and adjourn the meeting in memory of the three fallen Cal Fire/Riverside County Fire Department firefighters: Fire Captain Tim Rodriguez; Assistant Chief Josh Bischof; and Pilot Tony Sousa, who made the ultimate sacrifice in a mid-air helicopter crash while responding to a blaze in Cabazon. August 16, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 6 C. PUBLIC COMMUNICATIONS Jeff Pryor, spoke about the public comment period and requested the city allow four minutes per speaker instead of three minutes per speaker. Heather Parsons, Rancho Cucamonga Chamber of Commerce, introduced Ashely Willis from VIP Solutions, who provided information on the support system VIP provides for adults with disabilities. Bill Kaufman, spoke in support of marijuana dispensaries and potential revenues for the city. Ashley Romero, Pomona Valley Pride Center, shared resources available to the community. Jesus Garcia-Torres, Pomona Valley Pride Center, shared information on programs available and shared an invitation to their 3,d Annual Gala on October 7, 2023. Edin Enamorado,spoke about a protest that took place in Rancho Cucamonga,first amendment rights,police resources and activity during the protest. Yesenia Miranda Meza, spoke regarding police allocations at a protest in Rancho Cucamonga. Jojo, spoke about a protest that took place in Rancho Cucamonga,first amendment rights and racism. Xochitl Gonzalez, spoke about a protest that took place in Rancho Cucamonga and first amendment rights. Mayor Michael clarified that Detective Peelman referenced by public speakers who spoke regarding a protest during public comment is an employee of the City of Upland and not an employee of the city. D. CONSENT CALENDAR D1. Consideration of Meeting Minutes for Regular Meetings of August 2, 2023. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of 2,091,304.63 and City and Fire District Weekly Check Registers (Excluding Checks Issued to Southern California Gas Company) in the Total Amount of$9,072,963.82 Dated July 25, 2023, Through August 07, 2023. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of$14,137.87 Dated July 25,2023, Through August 07, 2023. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of July 31, 2023 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District. CITY/FIRE) D5. Consideration of the City Council to Reappoint Committee Members to the Community Parks and Landscape Citizens' Oversight Committee. (CITY) D6. Consideration to Approve a Single-Source Procurement and Execute a Contract with ASSI Security for the Purchase of Equipment and Upgrade the Security Access Control System at the Civic Center and the Stadium in an Amount Not to Exceed $466,750. (CITY) D7. Consideration of Amendment No. 1 to Contract CO#2021-123 with KVL Tires, Inc(Formerly Eagle Road Service & Tire, Inc) for Roadside Service and Tire Repair in an Amount Not to Exceed $50,000 for FY 2023/2024. (CITY) August 16, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 6 D8. Consideration of Amendment No. 2 to the Professional Services Agreement with NEOGOV, Contract# 17-199, for Applicant Tracking Software Services Extending Agreement Term to August 8, 2024, Including Addition of Attract Subscription, a New Candidate Relationship Manager Tool, Not to Exceed$86,575 for Fiscal Year 2023-24. (CITY) D9. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Foothill Boulevard Pavement Rehabilitation Project and the Yellowwood Place Connection Project. (CITY) D10. Consideration to Accept Public Improvements on the West Side of Hellman Avenue and the Terminus of Eiger Way, per Improvement Agreement, for Tentative Parcel Map SUBTPM16482 as Complete, File a Notice of Completion and Authorize Release of Bonds. CITY) D11. Consideration of Resolutions Declaring Pursuant to Government Code Section 54221 that Certain Real Properties Owned by the City are Surplus Land and Not Necessary for City Use, Finding that Such Declaration is Exempt from Environmental Review Under the California Environmental Quality Act,and Taking Related Actions Thereto. (RESOLUTION NOS.2023- 095 AND 2023-096) (CITY) D12. Consideration of a Resolution Adopting the Measure I Five-Year Capital Improvement Plan Covering Fiscal Years 2023/2028. (RESOLUTION NO. 2023-097) (CITY) D13. Consideration to Adopt a Resolution Updating the Fiscal Year 2023-24 Salary Schedule for the Executive Management Group. (RESOLUTION NO. 2023-094) (CITY) MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to approve the Consent Calendar Agenda items D1 through D13, with Council Member/Board Member Scott abstaining on item D3. Motion carried 3-0-2; Mayor Pro Tern Kennedy and Council Member Stickler, absent. E. CONSENT CALENDAR ORDINANCE(S) -SECOND READING/ADOPTION E1. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1021 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,AMENDING SECTION 10.52.025 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO ADD THE HERMOSA FOOTHILL PAID PARKING ZONE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT E2. Consideration of Second Reading and Adoption of the Following: ORDINANCE NO. 1020 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 2.16.030 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO SALARIES FOR MAYOR AND MEMBERS OF THE CITY COUNCIL MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to waive full reading and adopt Ordinance Nos. 1021 and 1020 by title only. Patricia Bravo-Valdez, MMC, Deputy Director of City Clerk Services, read the title of Ordinance Nos. 1021 and 1020. VOTES NOW CAST ON MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott, to waive full reading and adopt Ordinance Nos. 1021 and 1020 by title only. Motion carried 3-0-2; Mayor Pro Tern Kennedy and Council Member Stickler, absent. August 16, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 6 F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARINGS ITEM(S) -CITY/FIRE DISTRICT G1. PUBLIC HEARING FOR DESIGN REVIEW AND CONDITIONAL USE PERMIT—PATRIOT PARTNERS-A Request to Construct and Operate One(1)Warehouse/Distribution Building Totaling 86,194 Square Feet within the Neo-Industrial(NI)District, Located on the South Side of Whittram Avenue Between Etiwanda Avenue and Hickory Avenue at 13045 Whittram Avenue; APNs: 0229-162-05, -04, -11, -12, and -13. This Item is Exempt from the Requirements of the California Environmental Quality Act (CEAQ) Under CEQA Section 15332—In-Fill Development Projects. (Design Review DRC2022-00156 and Conditional Use Permit DRC2023-00142). (RESOLUTION NO. 2023-092 AND RESOLUTION NO. 2023- 093) (CITY) City Manager Gillison introduced Sean McPherson, Senior Planner, who gave the staff report for item G1. Mayor Michael opened the Public Hearing. Kevin Rice,Applicant, noted he appreciates building the project in the city. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Scott, seconded by Council Member Hutchison, to approve staffs recommendation and adopt Resolution Nos. 2023-092 and 2023-093. Motion carried 3-0-2; Mayor Pro Tern Kennedy and Council Member Stickler, absent. G2. Public Hearing to Consider Amending the Towed Vehicle Release Fee for the Police Department and Consider a Resolution Approving Such Fee and Authorizing an Automatic Annual Adjustment to the Fee. (RESOLUTION NO. 2023-098) (CITY) City Manager Gillison introduced Adriana Camacho, Management Aide and Elisa Cox, Assistant City Manager,who gave the staff report for item G2. Mayor Michael opened the Public Hearing. There were no public communications. Mayor Michael closed the Public Hearing. MOTION: Moved by Council Member Hutchison, seconded by Council Member Scott,to adopt Resolution No. 2023-098. Motion carried 3-0-2; Mayor Pro Tern Kennedy and Council Member Stickler, absent. H. CITY MANAGER'S STAFF REPORT(S) None. I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS Council Member Scott voiced pleasure in the opening of several new restaurants in the city. August 16, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 6 12. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS City Attorney Ghirelli reported no action was taken in Closed Session since a quorum of the City Council was not present for the meeting. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING None. L. ADJOURNMENT Mayor Michael adjourned the Council Meeting at 7:41 p.m. in memory of the three fallen Cal Fire/Riverside County Fire Department firefighters: Fire Captain Tim Rodriguez; Assistant Chief Josh Bischof; and Pilot Tony Sousa. Approved: LjLi a A. royan, MMCityCrkServicesDirector August 16, 2023 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 6Exhibit C RESOLUTION NO. 24-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM20642, A REQUEST TO CONSOLIDATE FIVE (5) PARCELS OF LAND INTO ONE (1) PARCEL TOTALING 5.2 ACRES WITHIN THE NEO-INDUSTRIAL (NI) ZONE, LOCATED ON THE SOUTH OF WHITTRAM AVENUE BETWEEN ETIWANDA AVENUE AND HICKORY AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF – APN’S: 0229-162-04, -05, -11, -12, AND -13 A.Recitals. 1.Patriort Partners has filed an application for the approval of Tentative Parcel Map SUBTPM20642, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2.On the 24th day of January 2024, the Planning Commission of the City of Rancho Cucamonga conducted a 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 the substantial evidence presented to this Commission during the above- referenced public hearing on January 24, 2024, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 5.2-acre vacant project site is located on the south side of Whittram Avenue between Etiwanda Avenue and Hickory Avenue; and b.The generally square project site is made up of five parcels of land and has a frontage (width) of about 514 feet along Whittram Avenue and a depth of approximately 516 feet from north to south. The Whittram Avenue frontage is currently not improved with curb, gutter, and sidewalks but has been conditioned to install the missing public improvements as part of the related Design Review conditions of approval (DRC2022-000156); and c.The existing General Plan Land Use and Zoning Designations for the project site and adjacent properties are as follows: Land Use General Plan Zoning Site Vacant Neo Industrial Employment District Neo Industrial (NI) Exhibit D PLANNING COMMISSION RESOLUTION NO. 24-01 SUBTPM20642 – PATRIOT PARTNERS January 24, 2024 Page 2 North Trucking Firm Neo Industrial Employment District Neo Industrial (NI) South Rail Line Industrial Employment District Industrial Employment (IE) East Vehicle Dismantling Neo Industrial Employment District Neo Industrial (NI) West Vacant Land/ Miscellaneous Uses Neo Industrial Employment District Neo-Industrial (NI) d. The subject tentative map is related to Design Review DRC2022-00156 and Conditional Use Permit DRC2023-00142 for the construction and operation of an 86,194-square- foot warehouse/distribution building; and e.Tentative Parcel Map SUBTPM20642 is for the consolidation of the 5.2 project site into one parcel of land. 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.The tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans. The proposed tentative map will consolidate 5 parcels totaling 5.2 acres of land into one parcel for the development of an 86,392-square-foot industrial building and is consistent with the Neo Industrial Employment District General Plan land use designation and the Neo Industrial (NI) zoning designation, which both permit the development of industrial buildings. b.The design or improvements of the tentative parcel map will be consistent with the General Plan, Development Code, and any applicable specific plans. The proposed tentative parcel map complies with the requirements of the General Plan and Development Code including lot dimensions and lot area as outlined in Development Code Table 17.36.040-1 of the Development Code. Additionally, the related industrial building approved on the site complies with all of the related development standards including building setbacks, lot coverage, height, parking, and design; and c.The site is physically suitable for the type of development proposed. The project site is well suited for the proposed industrial building as it is located in an industrial zone and is surrounded by industrial development; and d.The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat. The original project included an environmental review which demonstrated that the project would not have a significant impact on the environment; and e.The tentative parcel map is not likely to cause serious public health problems. The subdivision of the project site is not expected to cause serious public health issues, as the proposed tentative parcel map is for the consolidation of 5 parcels of land into 1 parcel for the development of an industrial building. The original project included environmental studies which demonstrated that the project would not have a significant impact on the environment; and PLANNING COMMISSION RESOLUTION NO. 24-01 SUBTPM20642 – PATRIOT PARTNERS January 24, 2024 Page 3 f.The design of the tentative parcel map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. The subject property does not contain any easements that would limit access to or use of the project site. 4.The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies as a Class 5 exemption under State CEQA Guidelines Section 15315 – Minor Land Divisions. The project is for the consolidation of 5 parcels of land totaling 5.2 acres into 1 parcel of land. There is no substantial evidence that the project may have a significant effect on the environment. 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 in the Conditions of Approval, attached hereto and incorporated herein by this reference. 6.The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 24th DAY OF JANUARY 2024. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman ATTEST: Matt Marquez, Secretary I, Matt Marquez, 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 24th day of January 2024, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval Community Development Department Project #: SUBTPM20642 Project Name: Consolidating 5 Parcels into 1 Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Please be advised of the following Special Conditions All conditions of approval related to Design Review DRC2022-00156 and Conditional Use Permit DRC2023-00142 shall apply to Tentative Parcel Map SUBTPM20642. 1. Standard Conditions of Approval The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively “Indemnitees”), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to this approval, the Planning Director’s actions, the Planning Commission’s actions, and/or the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 2. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 3. www.CityofRC.usExhibit E Project #: SUBTPM20642 Project Name: Consolidating 5 Parcels into 1 Location: 13045 WHITTRAM AVE - 022916205-0000 Project Type: Tentative Parcel Map ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. 4. www.CityofRC.us Page 2 of 2Printed: 1/10/2024 Exhibit E