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HomeMy WebLinkAboutReso PC25-027 Revised RESOLUTION NO. 2025-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2025-00117, A REQUEST TO PERMIT LARGE DISTRIBUTION/FULFILLMENT CENTER AND MEDIUM WHOLESALE AND DISTRIBUTION USES FOR AN EXISTING 72,051-SQUARE-FOOT INDUSTRIAL BUILDING WITHIN THE NEO-INDUSTRIAL (N[) ZONE, LOCATED AT 8700 WHITE OAK AVENUE;APN: 0209-145-04. A. Recitals. 1. The Applicant, Taylor Kane, on behalf of 8700 White Oak APG LLC, filed an application for Conditional Use Permit DRC2025-00117, 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 10th day of September 2025, 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 the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on September 10, 2025, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The subject site consists of approximately 4.63 acres of land developed with a 72,051-square-foot industrial building and is located on White Oak Avenue, south of Arrow Route and north of Jersey Boulevard; and b. The existing Land Use, General Plan, and Zoning Designations for the subject site and the surrounding properties are provided in the following table: Land Use General Plan Zoning site Vacant Neo-Industrial Neo-Industria[ (NI) Employment District Neo-Industrial North Vacant Employment District Neo-Industrial (NI) PLANNING COMMISSION RESOLUTION NO. 2025-027 DRC2025-00117---TAYLOR KANE September 10, 2025 Page 2 West Custom Manufacturing Neo-Industrial Neo-Industrial (NI) Maker Space Employment District South Wholesale and Neo-Industrial Neo-Industrial (Ni) Distribution Employment District East Light Manufacturing Neo-Industrial=Neo-Industrial (NI) Storage Warehouse Employment Dist 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 uses are consistent with the General Plan land use designation, Neo-Industrial Employment District, which is intended for light industrial uses with low environmental impacts and the growth of creative and innovative industries and new businesses. The fully improved site is developed with an existing 72,051- square-foot industrial building. Upon approval of the requested Conditional Use Permit (CUP), Large Distribution/Fulfillment Center and Medium Wholesale and Distribution uses will have minimal impact on adjacent uses and properties as the CUP will support the entitlement of uses that are intended for the zoning district and General Plan land use designation, in addition to being consistent with the uses in the surrounding area, b. The proposed uses are consistent with the purposes of the Development Code, in addition to the applicable zone, specific plans, or City regulations and standards. Large Distribution/Fulfillment Center and Medium Wholesale and Distribution uses are permitted in the Neo-Industrial (NI) Zone upon the approval of a CUP. Additionally, the existing Large Distribution/Fulfillment Center use is permitted in the NI Zone upon the approval of a Minor Use Permit (MUP). The proposed CUP will be inclusive of the use that requires an MUP for the purpose of consolidation of applications. The site is currently nonconforming due to the adoption of Ordinance No, 982 as Distribution/Fulfillment Center uses and Wholesale and Distribution uses were permitted by right in the previously designated zone. The uses are consistent with the zoning designation and Development Code in that the uses do not propose new development or expansion of the existing site and building. The uses remain consistent with the current development pattern and uses in the adjacent properties and zone. Per Section 17.66.110 of the Development Code, there are special performance standards applicable to industrial activity, including noise; vibration; particulate matter and air contaminants; odor; and humidity, heat, and glare. Several conditions of approval serve to mitigate any potential impacts that a future tenant may cause at the facility. c. The subject site is physically suitable for the type, density, and intensity of the proposed uses, including access, utilities, and the absence of physical constraints that would make conduct of these uses undesirable.The proposed uses are similar in intensity to existing uses in the immediate surrounding area.The site is improved with an existing industrial building, access and circulation, parking, utilities, and landscaping. No additional physical constraints have been added that may impede PLANNING COMMISSION RESOLUTION NO. 202b-027 DRC2025-00117—TAYLOR KANE September 10, 2025 Page 3 the operation of the existing surrounding land use nor the proposed land uses. Although there are no changes being proposed to the existing building through this request, a future tenant may propose minor tenant improvements that do not increase the building footprint. d. The design, location, size, and operating characteristics of the proposed uses would be compatible with the existing and other permitted uses in the vicinity, including transportation and service facilities. The proposed uses will operate within an existing industrial building and will not operate beyond the subject site. The intensity of the proposed uses is not expected to exceed that of adjacent properties, which contain similar uses. The operating characteristics will be in keeping with the surrounding land uses by being conditioned to meet all general and special industrial performance standards and are not expected to create adverse impacts on adjacent land uses nor adversely impact the area. e. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. Specifically, the factors to consider include the following: property damage or nuisance arising from noise, smoke, odor, dust, vibration, or illumination caused by the use; hazard to people or property from possible explosion, contamination, fire, or flood caused by the use; and significantly increase the volume of traffic or negatively alter the pattern of traffic. The scale and operation from the uses are already existing, similar to adjacent uses, and not expected to negatively impact their normal operations. The proposed uses have been conditioned to meet performance and property maintenance standards, and all other relevant standards in the Municipal Code to mitigate potential impacts. f. The proposed uses 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 uses. The uses do not pose any undue burdens in that all uses are consistent with the zone in which they are located and will not require additional service from streets and utilities as there are no physical changes being proposed to the site. The uses do not authorize any operations which may result in additional service requests from the San Bernardino County Sherriff's Department and Rancho Cucamonga Fire Protection District that are not normally associated with similar adjacent existing uses. g. The proposed uses have been reviewed in compliance with the California Environmental Quality Act(CEQA).The Planning Department staff has determined that the project is categorically exempt from the requirements of CEQA. The project qualifies as a Class 1 exemption under State CEQA Guidelines Section 15301 — Existing Facilities, which includes the permitting and leasing of existing private structures. The Conditional Use Permit will permit Distribution and Medium Wholesale and Distribution uses where no alterations are proposed to the site or building exterior. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs with staff's determination of the CEQA exemption. PLANNING COMMISSION RESOLUTION NO. 2025-027 DRC2025-00117--TAYLOR KANE September 10, 2025 Page 4 4. The General Plan Land Use and Zoning designations for the subject site are Neo-Industrial Employment District and Neo-Industrial, respectively, which conditionally permit Distribution and Medium Wholesale and Distribution uses. Large Distribution/Fulfillment Center uses require a Minor Use Permit, which can be approved under the purview of the Conditional Use Permit for the purpose of consolidating applications. The request complies with the City's industrial development standards and design guidelines, including setbacks, height, and design requirements as the proposed uses are to occur within an existing building. The subject site is located within the City limits and is surrounded on all four sides by existing industrial uses and buildings. There are no physical expansions proposed as part of this request. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approved the application subject to each condition set forth in the attached conditions of approval incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF SEPTEMBER 2025. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ony Morales, C irman ATTES �`` qe&nnnif r �akam�ura, Secretary I, Jennifer Nakamura, 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 101h day of September 2025, by the following vote-to-wit: AYES: COMMISSIONERS: MORALES, BOLING, DANIELS, DIAZ, DOPP NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval RANCHO CUCAMONGA Community Development Department Project#: DRC2025-00117 Project Name: 8700 White Oak APG Location: 8700 WHITE OAK AVE - 020914504-0000 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 DRC2025-00117 authorizes use of the existing 72,051-square-foot industrial building for Large E-Commerce Distribution/Fulfillment Center and Medium Wholesale and Distribution uses within the Neo-Industrial (NI) Zone, located at 8700 White Oak Avenue; APN: 0209-145-04. 2. This Conditional Use Permit does not authorize outdoor storage of materials. Any future requests for outdoor storage shall be subject to a Minor Use Permit. 3. All existing and new uses on the subject site shall comply with the special industrial performance standards outlined in Development Code Section 17.66.110, 4. New parking lot design and modifications to existing parking lots in conjunction with the building permit and any other land use or development permit. Modification or improvements to an existing parking lot that impact the parking space layout, configuration, vehicular or pedestrian circulation, emergency vehicle/fire access lanes, number of stalls, or landscape planters shall require a site development review. Plans shall include any proposed traffic calming devices or measures such as speed bumps that will be placed in emergency vehicle/fire access lanes (Development Code Section 17.64.030). 5. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular traffic (Vehicles and Traffic Code Section 10.44.030). 6. It is unlawful for any person to park, or cause to be parked, any vehicle upon any privately owned property in the city without the consent of the owner, tenant, or other person entitled to possession of such property. It is also unlawful for the owner of any vehicle to allow such vehicle to be parked upon any privately owned property in the city without the consent of the owner, tenant, or other person entitled to possession of such property (Vehicle and Traffic Code Section 10.52.070). 7. All retail sales are consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California State Board of Equalization (Revenue and Finance Code Section 3.20.070). Standard Conditions of Approval www.CltyofRC.us Printed:9/4/2025 Page 25 Project#: DRC2025-00117 Project Name: 8700 White Oak APG Location: 8700 WHITE OAK AVE- 020914504-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning De artment Standard Conditions of Approval 8. 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. 9. 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. 10. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on any plans submitted for a building permit. Provided that this entitlement review does not contain a plan set for review, the final Conditions of Approval are to be included with the Statement of Agreement and Acceptance of Conditions of Approval and returned to the City prior to commencement of each use. Printed:9I412025 www.CityofRC.us Page 2 of 3 Page 26 Project#: DRC2025-00117 Project Name: 8700 White Oak APG Location: 8700 WHITE OAK AVE- 020914504-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Plannina Department Standard Conditions of Approval 11. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50. 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 five (5) days of the date of project approval. 12. Pursuant to Development Code Section 17.14.090(A), any permit not exercised within two (2) years of approval shall expire and become void, except where an extension of time is approved. 13. 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 modification shritens ification 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. 14. 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. Fire Prevention 1 New Construction Unit Standard Conditions of Approval 1. High-piled combustible storage is required to be in accordance with Chapter 32 of the Fire Code and Fire District Standard 32-1. Please read and understand this Standard in its entirety to avoid delays in scheduling inspections and obtaining approvals. The Standard has been uploaded to the Documents section. www.CityofRC.us Printed:91412025 Page 3 of 3 Page 27