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HomeMy WebLinkAboutResolution 2026-024RESOLUTION NO. 2026-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2025-00294, A REQUEST TO PERMIT WHOLESALE AND DISTRIBUTION - MEDIUM, STORAGE WAREHOUSE, MANUFACTURING LIGHT - LARGE, AND E -COMMERCE DISTRIBUTION/FULFILLMENT CENTER - LARGE USES AT AN EXISTING INDUSTRIAL BUILDING THAT CONSISTS OF 170,275 SQUARE FEET AND IS CURRENTLY OCCUPIED WITH A LEGAL NON -CONFORMING WHOLESALE AND DISTRIBUTION USE AS WELL AS A PERMITTED OFFICE USE WITHIN THE NEO-INDUSTRIAL (NI) ZONE AT 11335 JERSEY BOULEVARD; APN: 0229-111-50. A. Recitals. 1. The Applicant, Kimley Horn on behalf of the property owner Clover Rancho Cucamonga Corporation, filed an application for Conditional Use Permit DRC2025-00294, 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 8t" day of July 2026, 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 July 8, 2026, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project site consists of approximately nine acres of land developed with a 170,275 square foot industrial building and is located on the southeast corner of Jersey Boulevard with Milliken Avenue; 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 Wholesale and Distribution Neo-Industrial Employment Neo-Industrial (NI) District North E -Commerce Neo-industrial Employment Neo-Industrial (NI) Distribution/Fulfillment District PLANNING COMMISSION RESOLUTION NO. 2026-024 DRC2025-00294 — Kimley Horn on behalf of Clover Rancho Cucamonga Corporation July 8, 2026 Page 2 E -Commerce 2159 Century Employment Mixed Employment 2 South Distribution/Fulfillment District (ME2) East Food Neo-Industrial Employment Neo-Industrial (NI) Processing/Manufacturing District West Fire Station Neo-Industrial Employment Neo-Industrial (NI) District c. The General Plan land use designation and Zoning designation for the project site are Neo-Industrial Employment District and Neo-Industrial (NI), respectively, which permits Wholesale and Distribution — Medium and Storage Warehouse uses with approval of a Conditional Use Permit. Manufacturing Light — Large and E -Commerce Distribution/Fulfillment Center — Large uses are permitted with approval of a Minor Use Permit. The latter two uses can be approved under the purview of the Conditional Use Permit for the purpose of consolidation of applications. There are no site or building alterations or improvements proposed as a part of the current entitlement. 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 uses are consistent with the General Plan 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 170,275 square -foot industrial building. Upon approval of the requested Conditional Use Permit, Wholesale and Distribution — Medium, Storage Warehouse, Manufacturing Light — Large, and E -Commerce Distribution/Fulfillment Center — Large uses will generate minimal impact on adjacent uses and properties as the Conditional Use Permit will support the entitlement of uses that are intended for the zoning district and General Plan land use designation in addition to being with consistent with the surrounding uses. b. The uses are 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. Wholesale and Distribution — Medium and Storage Warehouse uses are permitted in the Neo-Industrial (NI) zone upon the approval of a Conditional Use Permit. Manufacturing Light — Large and E -Commerce Distribution/Fulfillment Center — Large uses are permitted within the Neo-Industrial (NI) zone upon the approval of a Minor Use Permit. The latter uses permitted under the Minor Use Permit will be permitted through the Conditional Use Permit for the purpose of consolidation of applications. The site is currently legal non -conforming due to the adoption of Ordinance 982 as the existing Wholesale and Distribution use was previously permitted by right in the zone but now requires a Conditional Use Permit. 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 building and site and they remain consistent with the current development pattern and uses in the adjacent properties and zone. The Development Code has specific regulations and performance standards in relation to noise, vibrations, particulate matter and air contaminants, odor, and humidity, heat, and glare, which are applied to the operations of industrial uses. The conditions of approval included can mitigate potential impacts that the facility may cause. The site is not subject to any specific plans. The uses meet the regulations and standards applied to Wholesale and Distribution — Medium, Storage Warehouse, Manufacturing PLANNING COMMISSION RESOLUTION NO. 2026-024 DRC2025-00294 — Kimley Horn on behalf of Clover Rancho Cucamonga Corporation July 8, 2026 Page 3 Light — Large, and E -Commerce DistributionlFulfillment Center — Large uses and therefore are consistent with the Development Code. c. The site is suitable for the type, density, and intensity of the uses. The site is improved with an existing industrial building, access and circulation, parking, utilities, and landscaping. No changes are proposed to the site except for potential tenant improvements which will not increase the building footprint that may be submitted for by a new tenant. The uses are similar in intensity to existing uses in the immediate surrounding area. No additional physical constraints have been proposed that may impede the operations of the existing surrounding land uses. Therefore, the project site is well -suited for the uses. d. The design, location, size and operating characteristics of the uses would be compatible with the existing and other permitted uses in the vicinity including transportation and service facilities. The uses will operate within an existing industrial building and will not operate beyond the project parcel nor onto the property of adjacent similar uses. The intensity of the uses are 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 uses are similar to adjacent uses and will not negatively impact the normal operations of any of the surrounding uses. The uses have been conditioned to meet performance criteria, safety standards, maintenance standards, and all other Municipal Code standards to mitigate any potential impacts related to the Wholesale and Distribution — Medium, Storage Warehouse, Manufacturing Light — Large, and E - Commerce Distribution/Fulfillment Center — Large uses. f. The 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 proposed to the site. The uses do 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. Staff 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, which includes the permitting and leasing of existing private structures. The Conditional Use Permit will permit Wholesale and Distribution — Medium, Storage Warehouse, Manufacturing Light — Large, and E -Commerce Distribution/Fulfillment Center — Large uses where no alterations to the site or building are proposed. There is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Staff'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. PLANNING COMMISSION RESOLUTION NO. 2026-024 DRC2025-00294 — Kimley Horn on behalf of Clover Rancho Cucamonga Corporation July 8, 2026 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF JULY 2026. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Alvin C. Bolin ai ATTE nnifef I Iakarnura, Secretary I, Jennifer Ngkamura, 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 8111 day of July 2026, by the following vote -to -wit: AYES: COMMISSIONERS: BOLING, DOPP, MORALES, DIAZ, COOKE NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval RANCHO CUCAMONGA Community Development Department Project #: DRC2025-00294 Project Name: 11335 Jersey Boulevard CUP Location: 11335 JERSEY BLVD - 022911150-0000 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 use of the Wholesale and Distribution - Medium, Storage E -Commerce Distribution/Fulfillment Center - Large 11335 Jersey Boulevard; APN: 0229-111-50. existing 170,275 square foot industrial building for Warehouse, Manufacturing Light - Large, and uses within the Neo-Industrial (NI) zone, located at 2. The Conditional Use Permit does not authorize outdoor storage of materials. Any future requests for outdoor storage shall be subject to approval of a Minor Use Permit. 3. The current use and any future uses on the site shall comply with the performance standards outlined in Chapter 17.66 of the Development Code, specifically the performance standards outlined for industrial uses. 4. Pursuant to Section 3.20.070 of the Municipal Code, all retail sales are consummated at the place of business of the retailer, unless tangible personal property sold is delivered by the retailer of 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 retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the state board of equalization. Standard Conditions of Approval 5. 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 Printed: 6/2412026 Project #: DRC2025-00294 Project Name: 11335 Jersey Boulevard CUP Location: 11335 JERSEY BLVD - 022911150-0000 Project Type: Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. www.CityofRC.us Printed: 6/24/2026 Page 2 014 Project #: DRC2025-00294 Project Name: Location: Project Type: 11335 Jersey Boulevard CUP 11335 JERSEY BLVD - 022911150-0000 Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT., Planning Department Standard Conditions of Approval 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. 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. Fire Prevention I 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 for High Pile Combustible Storage. Please read and understand this Standard in its entirety to avoid delays in scheduling inspections and obtaining approvals. Building and Safety Services Department Standard Conditions of Approval 1. Submit two sets of structural calculations, and two sets of energy conservation calculations if tenant improvements will take place. 2. Submit five complete sets of plans if tenant improvements will take place. 3. Provide compliance with the California Building Code (CBC) for accessibility to public buildings if tenant improvements will take place. 4. Upon tenant improvement plan check submittal (if applicable), additional requirements may be needed. 5. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays if tenant improvements will take place. 6. Contractors must show proof of State and City licenses and WorkersCompensation coverage to the City prior to permit issuance if tenant improvements will take place. 7. Provide compliance with the California Building Code (CBC) far California Building Energy Efficient Standards if tenant improvements will take place. 8. Should any one of the approved uses require a change of occupancy, business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Services Department. www.CityofRC.us Printed: 6/24/2028 Page 3 of 4 Project #: DRC2025-00294 Project Name: Location: Project Type: 11335 Jersey Boulevard CUP 11335 JERSEY BLVD - 022911150-0000 Conditional Use Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Building and Safety Services Department Standard Conditions of Approval 9. All exit components must comply with the requirements of CBC (adjoining rooms, rated corridors, door swings, separation of exits, etc.) should one of the approved uses require an occupancy change or if tenant improvements will take place. 10. The plans shall be designed in compliance with CBC regarding mixed occupancy ratio and the Green Building Standard Code if tenant improvements will take place to create multiple tenant spaces. 11. Occupancy increases and the change of occupancy of the facility may require that the structure be reanalyzed for the current structural engineering importance factor should one of the approved uses require a change of occupancy. The importance factor is based on the occupancy classification and occupant load, please check the CBC for thresholds. 12. The Building and Safety Services Department requires that change of occupancy plans be prepared by professional architect licensed in California should any of the approved uses require a change of occupancy. 13. Provide required restroom facilities per the CBC if tenant improvements will take place or one of the approved uses requires a change of occupancy. 14. The facility must meet the State of California's Energy Standard regulations applicable to the new occupancy should any one of the approved uses require a change of occupancy. 15. Upon tenant improvement and/or change of occupancy plans review (if applicable), additional analysis may be required. www.CityofRC.us Printed: 6/24/2026 Page 4 of 4