HomeMy WebLinkAboutReso 24-08RESOLUTION NO. 24-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT DRC2023-00213, A REQUEST TO
CONTINUE TO OPERATE AN EXISTING WAREHOUSE,
WHOLESALE AND DISTRIBUTION, MANUFACTURING AND
ASSEMBLY FACILITY WITHIN AN EXISTING 77,575
SQUARE -FOOT INDUSTRIALMAREHOUSE BUILDING WITHIN
THE NEO-INDUSTRIAL (NI) ZONE, LOCATED ON THE
NORTHEAST CORNER OF MILLIKEN AVENUE AND JERSEY
BOULEVARD AT 11340 JERSEY BOULEVARD; AND
MAKING FINDINGS IN SUPPORT THEREOF -- APN:
0229-111-63.
A. Recitals.
1. The Applicant, Kimley Horn, filed an application for Conditional Use Permit DRC2023-
00213, 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 281h day of February 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 February 28, 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 4.91 acres of developed land and is
located northeast corner of Milliken Avenue and Jersey Boulevard; and
b. The existing Land Use, General Plan and Zoning designations for the project site
and adjacent properties are as follows:
Land Use
General Plan
Zoning
Site
Industrial
Neo Industrial
Neo Industrial (NI)
Employment District
North
Industrial
Neo Industrial
Neo Industrial (NI)
Employment District
South
Industrial
Neo Industrial
Neo Industrial (NI)
Employment District
PLANNING COMMISSION RESOLUTION NO. 24-08
DRC2023-00213 KIMLEY HORN FEBRUARY 28, 2024
Page 2
East
Industrial
Neo Industrial
Neo Industrial (NI)
Employment District
West
Industrial
Neo [n
Neo Industrial (NI)
Employment DiDisstrict
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 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 warehouse, wholesale and distribution,
manufacturing and assembly facility will have minimal impact on adjacent uses and properties as
the conditional use permit will support the continued growth of an existing business. The
operations of the facility will take place indoors and the loading and off-loading of trucks will take
place within the designated areas behind the buildings. The use is consistent with the general
plan.
b. The 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 warehouse, wholesale and distribution, manufacturing and assembly facility 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 warehouse, wholesale and distribution, manufacturing
and assembly facility however, included conditions of approval mitigate any potential impacts by
prohibiting outdoor storage and requiring access to the facility. The site is not subject to any
specific plans.
C. The site is suitable for the type, density, and intensity of the 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. The use is similar
in intensity to existing uses in the immediate surrounding area. 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 use.
d. The design, location, size and operating characteristics of the use would be
compatible with the existing and other permitted uses in the vicinity including transportation and
service facilities. The warehouse, wholesale and distribution, manufacturing and assembly facility
will operate primarily within an existing building and will not operate beyond the project parcel nor
onto the property of adjacent similar uses. The intensity of the use is not expected to exceed the
intensity of adjacent similar 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 is similar to adjacent
uses and will not negatively impact the normal operations of any of these surrounding uses. The
PLANNING COMMISSION RESOLUTION NO. 24-08
DRC2023-00213 KIMLEY HORN FEBRUARY 28, 2024
Page 3
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 warehouse,
wholesale and distribution, manufacturing and assembly facility.
f. The 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 warehouse, wholesale and
distribution, manufacturing and assembly facility 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
warehouse, wholesale and distribution, manufacturing and assembly facility 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.
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 28TH DAY OF FEBRUARY 2024.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Tony Morales, Chair
ATTEST:
att Marquez r
1, Matt Marquez, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
PLANNING COMMISSION RESOLUTION NO. 24-08
DRC2023-00213 KIMLEY HORN FEBRUARY 28, 2024
Page 4
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 281h day of February 2024, by the following vote -to -wit:
AYES: COMMISSIONERS: MORALES, BOLING, DANIELS, DIAZ, DOPP
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOLING
ABSTAIN: COMMISSIONERS:
�1 iv. "d or,
I rnw'
Conditions of Approval
RANC140
CUCAMONGA
Project #: DRC2023-00213
Project Name
Location:
Community Development Department
11340 Jersey Blvd. CUP Request
11340 JERSEY BLVD - 022911163-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. -
Planning Department
Please be advised of the following Special Conditions
1. The Conditional Use Permit authorizes a warehouse, wholesale and distribution, manufacturing and
assembly facility within an existing 77,575 square -foot industrial/warehouse building within the
Neo-Industrial (NI) Zone, located on the northeast corner of Milliken Avenue and Jersey Boulevard at
11340 Jersey Boulevard; APN: 0229-111-63.
2. The Conditional Use Permit does not authorize outdoor storage of materials. Any future requests for
outdoor storage shall be subject to review by the Planning and Economic Development Department.
Standard Conditions of Approval
3. 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.
www.CityofRC.us
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Project #: DRC2023-00213
Project Name: 11340 Jersey Blvd. CUP Request
Location: 11340 JERSEY BLVD - 022911163-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.,
Planning Department
Standard Conditions of Approval
4. 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.
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Project #: DRC2023-00213
Project Name: 11340 Jersey Blvd. CUP Request
Location: * 11340 JERSEY BLVD - 022911163-0000
Project Type: Conditional Use Permit
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
8. 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. 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.
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