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HomeMy WebLinkAbout00-92 - Resolutions RESOLUTION NO. 00-92 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 00-12 FOR THE EXPANSION OF AN EXISTING RECYCLING FACILITY FROM 2.49 ACRES TO 4.79 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 5) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 9910 6TH STREET AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 209-211-42 AND 43. A. Recitals. 1. TOMRA Pacific, Inc. filed an application for the issuance of Conditional Use Permit No. 00-12, 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 13th day of September 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly 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 bythe 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 September 13, 2000, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 9910 6th Street with a street frontage of 316.22 feet and lot depth of 627.01 feet and is presently improved with a recycling facility; and b. The properties to the north and west of the subject site are vacant land zoned General Industrial (Subarea 5), of the Industrial Area Specific Plan, and the properties to the south and east of the subject site are industrial complexes zoned General Industrial (Subarea 5), of the Industrial Area Specific Plan; and C. The proposed project is a request to expand the storage area of an existing recycling facility from 2.49 acres to 4.79 acres of land in the General Industrial District(Subarea 5), of the Industrial Area Specific Plan, located at 9910 6th Street. d. The proposed project will be a 2.30-acre expansion of the outdoor storage area only; and e. The proposed outdoor storage area will be screened from publicviewwith an 8-foot high decorative screen wall; and PLANNING COMMISSION RESOLUTION NO. 00-92 CUP 00-12 —TOMRA PACIFIC, INC. September 13, 2000 Page 2 f. Traffic trips, truck and vehicle, are not expected to increase as a result of the proposed project. 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 in accord with the General Plan, the objectives of the Development Code, and the Industrial Area Specific Plan in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. C. The proposed use complies with each of the applicable provisions of the Development Code and the Industrial Area Specific Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration an Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 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 Standard Conditions, attached hereto and incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. 00-92 CUP 00-12 —TOMRA PACIFIC, INC. September 13, 2000 Page 3 Planning Division 1) Approval is for a 2.30-acre outdoor storage yard expansion located at 9910 6th Street. 2) All materials, supplies, equipment, and operating trucks shall be screened from public view at all times. 3) No additional structures or equipment are approved for the site. 4) Graffiti shall be removed from the perimeter screen wall within 72 hours. 5) The perimeter screen wall shall not incorporate the use of barbed/razor wire. 6) The perimeter screen wall shall be made of splitface block with cap, color to match the existing building on site. Engineering Division 1) A signed consent and waiver to join the appropriate landscape and lighting districts shall be filed with the City Engineer, prior to the issuance of building permits. Environmental Mitigation Air Quality 1) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 2) Sixth Street and the Access Drive(if paved) shall be swept according to a schedule established by the City to reduce PMloemissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil stabilizers(approved by SCAWMD and RWQCB)shall be applied to al inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 5) The construction contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. PLANNING COMMISSION RESOLUTION NO. 00-92 CUP 00-12 —TOMRA PACIFIC, INC. September 13, 2000 Page 4 7) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER 2000. PLANNING COM SSION OF THE CITY OF RANCHO CUCAMONGA BY: �Iz;;d La T. cNiel, Chairman ATTEST: � �� Bre r, S I, Brad Buller, 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 13th day of September 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MANNERINO, TOLSTOY City of Rancho Cucamonga n MITIGATION MONITORING PROGRAM Project File No.: CONDITIONAL USE PERMIT 00-12 This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management-The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will betaken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program August 8, 2000 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds(or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or payfor City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: Conditional Use Permit 00-12 Applicant: TOMRA Pacific, Inc. Initial Study Prepared by: Warren Morelion Date: August 8. 2000 Mitigation Measures No.I Responsible Monitoring g of Method . implementing Action for Monitoring Frequency Verification Verification Date /initials Non-Compliance f� .d x+nwF �,sk x`f fir. '-'e.JYv x�xtmrwte�i tx xxsm x ti a. iw3r m2 $ sb^'""1 ^rs.en 2a n.'•a'.s as 'r$NK rnr b 3:^;-^> ak 'N' "„,F� Air Quality a C e Y s S M S 4t t of t c 5. ✓ -. ._ _ ,N.v •..h,+ s "2`-:, �' ._u.x'?� 'M: .z zx�...m.:.'� , i,T'.°. 7 e-3sx' 4.'�S"�..x';5',•,2 x"y �'�W.�:Z ��' x'i` 4,�.;` {R; ,���i�'.":til. • The construction contractor shall treat the site CP/BO C As Necessary A 4 with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 • The construction contractor shall sweep 6th CP/BO C As Necessary A 4 Street and the Access Drive (if paved) according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction • The construction contractor shall suspend CP/BO C AS Necessary A 4 Grading operations when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. • The construction contractor shall apply CP/BO C As Necessary A 4 Chemical soil stabilizers (approved by SCAQMD and RWQCB) to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. The construction contractor shall select the CP/BO B The applicant C 2 construction equipment used on-site based shall submit on low emission factors and high-energy proof at plan efficiency. The construction contractor shall check ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for implementing Action for Monitoring Frequency Verification Verification Date /initials Non-Compliance • The construction contractor shall ensure that CP/BO B The applicant C 2 construction-grading plans include a shall submit statement that work crews will shut off proof at plan equipment when not in use. check • The construction contractor shall utilize CP/BO B The applicant C 2 electric or clean alternative fuel powered shall submit equipment where feasible. proof at plan check Key to Checklist Abbreviations R®5 Opsibl8rl?BrSon ; �' , 4`yK96nitariirgFuencq ': MefhadyufYerfflcaBt{n s� TL_a zy <s$anctionstY st ? zt? � y=`* P.. CDD-Community Development Director A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy BO-Building Oficial or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating i 5.Retain Deposit or Bonds FC-Fire Chief or designee 6-Revoke CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT#: Conditional Use Permit 00-12 SUBJECT: Recycling Center Expansion APPLICANT: Tomra, Inc. LOCATION: 9910 6th Street, Rancho Cucamonga ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. 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 Division, the conditions contained herein, Development Code regulations, and the Industrial Area Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. SC-8-00 1 Project No.CUP 00-12 Comoletion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced,whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. 8. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 9. Decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/fences along the project's perimeter. D. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. E. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 3. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. F. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to sc-8-00 2 Project No.CUP 00-12 Completion Date post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of$ 719, prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. General Requirements 1. Submit four complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and"wet"signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. H. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., CUP 98-01). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. SC-8-00 3 Project No.CUP 00-12 Completion Date I. New Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness. 2. Upon tenant improvement plan check submittal, additional requirements maybe needed. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. General Fire Protection Conditions 1. Existing fire hydrant locations shall be provided prior to water plan approval. Required hydrants, if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. 2. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. 3. Roadways within project shall comply with the Fire District's fire lane standards, as noted: X All roadways per Rancho Cucamonga Fire Protection District Ordinance 32. 4. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 5. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire Safety Division for specific details and ordering information. 6. Fire District fee(s), plus a $1 per"plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District as follows: X $132 for Conditional Use Permit Fee. 7. Plans shall be submitted and approved prior to construction in accordance with 1997 UBC, UFC, UPC, UMC, and RCFD Standards 32 and 15 and 1996 NEC. K. Special Permits 1. Special permits may be required, depending on intended use, as noted below: a. Liquefied petroleum gas (storage, handling, transport, or use exceeding more than 120 gallons). NOTE: SEPARATE PLAN CHECK FEES FOR TENANT IMPROVEMENTS, FIRE PROTECTION SYSTEMS (SPRINKLERS, HOOD SYSTEMS, ALARMS, ETC.), AND/OR ANY CONSULTANT REVIEWS WILL BE ASSESSED UPON SUBMITTAL OF PLANS. NOTE: A SEPARATE GRADING PLAN CHECK SUBMITTAL IS REQUIRED FOR ALL NEW CONSTRUCTION PROJECTS AND FOR EXISTING BUILDINGS WHERE IMPROVEMENTS BEING PROPOSED WILL GENERATE 50 CUBIC YARDS OR MORE OF COMBINED CUT AND FILL. THE GRADING PLAN SHALL BE PREPARED, STAMPED AND SIGNED BY A CALIFORNIA REGISTERED CIVIL ENGINEER. SC-"O 4