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HomeMy WebLinkAbout2010/03/24 - Agenda Packet - Planning Commission 4 • THE CITY OF RANCHO CUCAMONGA t PLANNING' y NG COMMISSION Lti AGENDA RANCHO CUCAMONGA March 24, 2010 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California II. CALL TO ORDER I Roll Call Chairman Fletcher Vice Chairman Munoz Oaxaca_ Howdyshell _ Wimberly_ • I II. ANNOUNCEMENTS I IIII. APPROVAL OF MINUTES ' I March 10, 2010 Regular Meeting Minutes IIV. PUBLIC HEARINGS I The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA -A . request to amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District), adding Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030. Staff has • 1 of 4 • y PLANNING COMMISSION AGENDA b MARCH 24, 2010 RANCHO CUCAMONGA prepared a Negative Declaration of environmental impacts for consideration. V. NEW BUSINESS B. AMENDMENT TO DEVELOPMENT REVIEW - DRC2009-00413 - STANTEC CONSULTING -COMERICA BANK-A request to alter the roof pitch due to technical issues and change the roof color of a previously approved 3,982 square foot retail bank with a drive-thru at an existing retail center within the Industrial Park District, Subarea 7, located at 12035 Foothill Boulevard: APN-0229-023-05. On January 24, 2007 a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Parcel Map SUBTPM17818. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration. VI. DIRECTOR'S REPORTS I • C. REQUEST TO INITIATE THE REVIEW OF CONDITIONAL USE PERMIT — CUP99-43R - THE BEER MUG - A request to set a public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. Located within the Regional Related Commercial District, Subarea 4 of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite CI-CY-APN: 0229-031-33. Related file: Conditional Use Permit 97-30 and EP 97-03. VII. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. VIII. COMMISSION BUSINESS/COMMENTS • 2 of 4 6 • , �y PLANNING COMMISSION AGENDA LJ MARCH 24, 2010 RANCHO CUCAMONGA IX. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 18, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. A. —01-- _ If you need special assistance or accommodations to participate in this meeting, • a please contact the Planning Department at (909) 477-2750. 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. • INFORMATION FOR THE PUBLIC 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. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. • 3 of 4 rfrbia • tor PLANNING COMMISSION AGENDA MARCH 24, 2010 RANCHO CUCAMONGA Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m.to 6:00 p.m., except for legal City holidays. 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$2,124 for maps and $2,231 for all other decisions of the Commission. (Fees are • established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us • • 4 of 4 • Vicinity Map al Planning Commission Meetin g March 24, 2010 '— ! i i i i 1 2 c • c a c n"f A i m .c. d u 2 ! III .. T I ! t cI v l 15 t` � l 7 _ �- • 19th St• ; z... =_� .• �- , .t Base Liners °ir Base Line itin i. Church �� , 1 Foothill �`..� a Church : . y Foothill Arrow c !c! !y 'Arrow 8th 3 m� B w Eirti w _..u!i �— `° I stn 6th � H N - - ; x I i 4th t Q = _ I 14th b to * Item A is City-Wide • * Meeting Location: City Hall 10500 Civic Center Drive STAFF REPORTi� • PLANNING DEPARTMENT DATE: March 24, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Donald Granger, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA - A request to amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District), adding Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030. Staff has prepared a Negative Declaration of environmental impacts for consideration. BACKGROUND: On May 12, 2009, the Planning Department received a Conditional Use Permit (CUP) application for a human and animal crematory at 9546 Commerce Center Drive, within Subarea 6, adjacent to the Haven Avenue Overlay District. Shortly after the Notice of Filing signs were posted, the Planning staff began receiving letters of opposition from the surrounding property owners, tenants, and businesses. On July 23, 2009, the applicant withdrew the application for the • proposed crematory. Prior to the withdrawal, staff received a total of nine letters in opposition. The letters cite concerns over economic impacts (inability to lease nearby buildings), proximity of nearby food establishments and hospitality uses, and the impact a crematory will have on the high-profile Class A office buildings and corporate image. Although the application for the proposed crematory on Commerce Center Drive was withdrawn, the Planning staff began studying the land use regulations for the General Industrial and Industrial Park Districts, which were established over 20 years ago. Since the initial adoption of the Industrial District land use regulations, the City has experienced a significant amount of commercial, retail, and office development, which has resulted in a dramatically different built environment than what existed at the time the existing land use regulations were adopted. Consequently, the Planning staff brought before the City Council an Interim Ordinance for their consideration to prohibit the establishment and/or operation of human and animal crematories in any land use zone within the City of Rancho Cucamonga until further analysis could be completed. • On August 5, 2009, the City Council adopted a 45-day Interim Ordinance to prohibit the establishment and/or operation of human and animal crematories in any land use zone within the City of Rancho Cucamonga. As permitted under Government Code Section 65858, and following an advertised public hearing on September 2, 2009, the City Council extended the Interim • Ordinance an additional 10 months and 15 days. The extension of the urgency Ordinance maintains the current prohibition until August 2, 2010. Since the adoption of the initial urgency Ordinance and the subsequent extension, the Planning staff has been analyzing, researching, and evaluating the potential impacts that the establishment of a crematory for the disposition of human or animal remains may have on the surrounding land uses in order to find the most suitable • location. ITEM A PLANNING COMMISSION STAFF REPORT DRC2009-00691 — CITY OF RANCHO CUCAMONGA March 24, 2010 • Page 2 On February 17, 2010, the City Council unanimously voted by minute action to initiate the proposed Development Code Amendment. Specifically, Table 17.30.030 Use Regulations for Industrial Districts would be amended by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subareas 4 and Subarea 6 and adding Crematory Services as a Conditionally Permitted Use in Subarea 14 (Exhibit A). The Council further directed staff to modify the definition of Funeral and Crematory Services under Section 17.30.030 to be limited to Crematory Services. LAND USE, PERMITS, OPERATIONAL ANALYSIS AND DEFINITIONS: A. Land Use Analysis: The land use designation of Subarea 14 is General Industrial and covers an "L" shaped geographical area generally located east of the 1-15 Freeway, north of 4th Street, west of Etiwanda Avenue and south of the Metrolink railroad right-of-way (Exhibits C and D). Subarea 14 is intended to serve the broadest range of industrial activities, typically including light custom, light and medium manufacturing, light and medium wholesale distribution, building contractors, and other uses that may need access to rail service. Subarea 14 is intended to serve as a buffer and transition area from heavy industrial uses located to the north and east in Subarea 15. The existing land uses within Subarea 14 are primarily composed of manufacturing, distribution, warehousing, and contractors. Examples of the existing businesses include Big Lots Distribution Warehouse; Nong Shim Noodle; RMA Group (Soils Engineering); • Handlen Distribution Company (grocery); Champion Fire Systems (Fire Protection); Rancho Pacific Electric (contractor); Weber Distribution; Dearden's Warehouse and Trico Business Park. Currently, there are no existing restaurants, hotels, or fast-food establishments in Subarea 14, nor are restaurants, fast-food, and hotel/motel uses permitted uses within Subarea 14. Subarea 14 has the following geographical attributes that make it a good candidate to conditionally permit crematoriums for the following reasons: • No existing restaurants, fast food, or hospitality uses • No existing Class A Office Buildings • Geographical location of Subarea 14 adjacent to 1-15, thereby, providing a physical buffer from other sensitive land uses • • Subarea 14 is adjacent to only one other Subarea (Subarea 15; Heavy Industrial) • Subarea 14 is adjacent to 4th Street and Etiwanda Avenue, which are arterials and provide a buffer for compatible land uses to the south (City of Ontario/Industrial) and east (City of Fontana/Utility Corridor) B. State Regulation and Permits: Crematories must be operated under the supervision of. a Designated License Crematory Manager and require a permit from the State Department of Consumer Affairs (DCA), Cemetery, and Funeral Bureau. Crematory managers are required . to undergo a life scan background check for prior criminal activity and pass an exam • demonstrating competency. Crematoriums are required to submit the following documentation to the (DCA) prior to being licensed: a permit from the Air Quality A-2 PLANNING COMMISSION STAFF REPORT DRC2009-00691 — CITY OF RANCHO CUCAMONGA • March 24, 2010 Page 3 • • Management District (AQMD permit), the DCA license of the managing funeral director or crematory manager, and fire permits from the Fire Department. Once licensed, a DCA inspector will visit the crematorium to inspect the equipment and verify that all the required licenses are in place. The DCA does an annual inspection, requires that the license be renewed on a yearly basis, and that all required documents are retained for 10 years. Education for operators includes both classroom and hands-on training. Operators receive certification from the equipment manufacturer and the Crematory Association of North America. C. Operational Analysis: Crematoriums range in square footage from less than 2,000 square feet to upwards of 5,000 square feet if other funeral services are provided. Facilities typically include an office area, file and record area, oven 'rooms, and sometimes refrigeration if uncremated human remains are kept overnight. A typical crematory for the disposition of human and animal remains will have two ovens for human remains and one oven for animal remains. By law, the area for the cremation of animal remains must be separated from the area for human cremation by a wall or a separate room. Operationally, crematories fit well if surrounded by custom, light and medium manufacturing uses since the operation is clean, does not require exterior storage, does not produce noise, odors or vibration, and utilize building sizes that are common to industrial zoned land. Human and animal remains will arrive at a crematorium by unmarked vehicular transport, • usually vans, and then transferred into the receiving area of the facility through roll-up doors. The number of employees depends upon the size of the facility and ranges from as few as 3 to upwards of 8. Human remains are required by State law to be in a combustible, leak-resistant container. . If the body will not be cremated by the end of the day, the uncremated remains must be refrigerated, either on-site or off-site. Modern retorts (ovens) are set to 1,600 degrees Fahrenheit, which results in the decomposition of the body by means of extreme dehydration and evaporation. The end result is the body is being reduced to bone fragments. This portion of the process takes 2 hours. The chamber is then cooled and the cremated remains are removed. Any non-combustible materials such as metal are separated and removed from the ashes. The final remains are gathered for final disposition and placed in a mechanical processor. The last phase is the collection of the fine particle matter. The cremation operation usually begins in the early morning and is completed by late evening. If demand warrants, cremation can occur 24 hours a day; however, this scenario is rare and does not occur for prolonged periods. D. Land Use Definition: At the February 17, 2010 City Council meeting during the Council's consideration of the Request to Initiate-the Development Code Amendment, the City Council directed staff to modify the existing land use definition for Funeral and Crematory Services under Section 17.30.030. During the discussion, the Council concluded that although Subarea 14 is appropriate for cremation services and embalming •services, the built —,:environment of Subarea 14 is not suitable for funeral homes, mortuaries, or mausoleums. Accordingly, the following land use definition will be modified: • Section 17.30.030-D-4-z is hereby amended to read as follows (new text in bold and deleted • text in ugh): • A-3 . PLANNING COMMISSION STAFF REPORT DRC2009-00691 - CITY OF RANCHO CUCAMONGA March 24, 2010 • Page 4 • €Funeral—and Crematory Services: Activities typically include, but are not limited to, services involving the care, preparation, and disposition of human and/or animal remains by means of cremation . Uses typically include, but are not limited to: funeral-bases crematories; and crematories with embalming services mausoleums. AIR QUALITY ANALYSIS: - A. Regulations: Modern crematory equipment emits no smoke, odor, ash, or other nuisance emissions that would create an adverse impact. As noted above, permits are required from the South Coast Air Quality Management District (SCAQMD) and the State Department of Consumer Affairs, Cemetery and Funeral Bureau. The permit process takes into consideration the location of the crematorium and the type of equipment being used. If approved, the permit places limitations on the weight and/or quantity of bodies that may be cremated in a given period. SCAQMD also requires crematoriums to measure and record the temperature of each cremation and have those records available for review for two years. SCAQMD performs annual inspections and their permit must be renewed on an annual basis. Additionally, the SCAQMD is the lead agency which investigates complaints regarding air pollution issues, including smoke and smell. The SCAQMD also requires records regarding the number of cremations performed. There are currently 154 crematoriums operating within the area covered by the SCAQMD. • B. Emissions: Stacks to vent the heat from the oven chambers will be roof-mounted and are typically 4 feet in height. During the Conditional Use Permit (CUP) process, staff will require that the proposed location have a parapet height that is equal to, or greater than any stack(s). If a building does not have adequate parapet height, staff would then require the stacks to be enclosed with a screening material that is architecturally compatible with the building design. It is a common business practice for crematories to mount cameras on the stacks in order to permit the operator to ensure that the emissions are,clean and that the equipment is operating properly. As part of the CUP entitlement process, the Planning Department would have a nexus to condition the mounting of cameras on the stacks. C. AQMD• Legislative Update: In 2009, the AQMD was unable to issue air quality permits because of a moratorium that was enacted as a result of a legal challenge to an AQMD emission off-set rule. This moratorium effectively blocked permits to businesses, including crematoriums in 2009. In October of 2009, Governor Schwarzenegger signed Senate Bill 827, which authorizes the SCAQMD to begin issuing more than 1,200 air pollution permit .applications frozen by a State court decision in November of 2008. SB 827 allows SCAQMD to resume issuing, at no charge, emission `offsets" to certain businesses, including crematoriums and other businesses after January 1, 2010.- SB 827 serves as a stopgap measure, temporarily lifting the permit moratorium while allowing AQMD time to complete rulemaking on its emission off-set program pursuant to the State court decision. The legislation will expire on May 1, 2012. , .• During the CUP process, and review for compliance with the California Environmental Quality Act (CEQA), staff will require that an Air Quality Analysis be performed by a qualified environmental consultant to ensure that all emissions are within acceptable levels of the • SCAQMD. The air quality study will evaluate criteria pollutants to determine if the levels A-4 PLANNING COMMISSION STAFF REPORT DRC2009-00691 — CITY OF RANCHO CUCAMONGA • March 24, 2010 Page 5 exceed thresholds. Some of the pollutants that are evaluated include carbon monoxide, nitrogen oxides, and carbon dioxide. D. Potential Adverse Impacts/Mitiqation: There are no significant impacts to air quality from the operation of modern crematoriums. Modern ovens utilize an afterburner, which ensures that emissions are compliant and odors do not occur. Modern retorts utilize low carbon monoxide (CM) and nitrous oxide (NOx) burners, thereby, emitting minute levels of CO and NOR. The only other emission from the stacks is heat. BUSINESS OUTREACH: A. General: The Planning staff made field visits to several existing businesses in Subarea 14 and presented an overview of the proposed text amendment. Staff visited a total of 6 freestanding buildings, all located on Santa Margarita Court. Staff explained the basics of a typical crematory, the operational characteristics, and presented an overview of the CUP process. Staff pointed out that if the text amendment were approved by the Council, any subsequent application to operate a crematory would include a public hearing and notification as part of the CUP process. Staff noted that notification would extend to all property owners within 660 feet of the proposed use. Following the presentation, staff inquired if there were any questions and queried business owners on whether or not they perceived a crematory • would have an adverse impact their business or operation. The response of the businesses generally fell into one of the following three categories. For the businesses visited, tabulations for the three response categories are noted in parentheses: • No perceived direct negative impact; supportive if crematorium has minimal signage and emissions are properly managed: (4) • Open to a proposed crematory, but concerned about impact potential on the property values and client relationships: (1) • Not supportive and perceived negative impact: (1) B. Subarea 14 Case Study: Trico Business Park: Trico Business Park is a 4.4-acre industrial park centered in the middle of Subarea 14, located in the 9300 block of Santa Anita Avenue, south of 6th Street. The project was approved in 2005 under a Development Review entitlement (DRC2005-00086) and completed in February of 2007. The original intent of the developer was to attract and lease units to small-scale "flex tech" companies (engineering, design, and research). Trico Business Park consists of 4 buildings totaling 61,500 square feet, with 190 parking stalls on-site. The buildings are divided into'38 leasable units that range in size from 1,300 square feet to 2,500 square feet. The units-are.single-story and offer roll-up door access (Exhibit E). The size of the units and the rear roll-up door access make the units viable candidates for a potential crematory operator. • Since the units are the right scale and layout for a potential crematory, staff contacted the property owner, Mr. Clarence J. Turner, Sr. of Trico Realty via telephone and discussed his company's business position on leasing to a crematory. Staff presented an overview of the A-5 PLANNING COMMISSION STAFF REPORT DRC2009-00691 — CITY OF RANCHO CUCAMONGA March 24, 2010 • Page 6 • proposed code amendment and modern crematory operation. Mr. Turner indicated that he owns and manages several properties in Southern California with diverse types of tenants, and that he is familiar with modern crematories and how they are a clean operation. Should the text amendment be approved, Mr. Turner responded that if they were approached by a crematory in the future he would have no objection to leasing to a crematory. When staff inquired if Mr. Turner perceived that leasing to crematory would adversely affect his company's ability to attract and retain tenants at Trico Business Park, Mr. Turner indicated that it is his opinion that a modern crematory would not negatively impact his tenants. CONDITIONAL USE PERMIT REVIEW: The premise of a Conditional Use Permit is to ensure the compatibility of adjacent uses and separation of potential nuisance activities. If necessary, conditions may be imposed to provide adequate mitigation of any potentially adverse impacts on the adjacent land uses. In the future, should an applicant submit an application for a crematorium during the CUP process and review for compliance with the California Environmental Quality Act (CEQA), staff will require that an Air Quality Analysis is performed by a qualified environmental consultant to ensure that all emissions are within acceptable levels of the SCAQMD. The air quality study will evaluate criteria pollutants to determine if the levels exceed thresholds. Additionally, staff will include a condition of approval that requires cameras to be mounted on the stacks to ensure that the facility is operating properly and facilitate operator supervision. Staff is confident with the air quality analysis and any necessary conditions that a modern crematorium would not adversely impact the adjacent properties. • ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the implementation of the text amendment. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. CORRESPONDENCE: Since this item is a proposed text amendment for an entire Subarea with no specific project at this time, this item was advertised as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. SUMMARY: The Planning staff has been studying the land use composition of several.Industrial Subareas and concludes that Subarea 14 (General Industrial) has strong potential to be a suitable location for the operation of human or animal crematories. If the Development Code Amendment to Subarea 14 is approved, any future crematorium would be subject to the CUP process and public hearing, and staff would require prior to the hearing that an applicant conduct public outreach to the adjacent businesses and stakeholders in the form of a neighborhood meeting explaining the process in detail. Additionally, all property owners within a minimum 660-foot radius of the.project site (or greater as deemed necessary by the-Planning Director) would be notified of the date, time, and place of the public hearing for any proposed project. • A-6 PLANNING COMMISSION STAFF REPORT DRC2009-00691 —CITY OF RANCHO CUCAMONGA • March 24, 2010 Page 7 RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution of Approval recommending that the City Council adopt a Negative Declaration of environmental impacts and approve Development Code Amendment DRC2009-00691. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Respectfully submitted, Jam R. Troyer, AICP Planning Director JRT:DG/ge • Attachments: Exhibit A — Table 17.30.030: Proposed Code Changes to Use Regulations for Industrial Districts Exhibit B — Subareas 4 and 6, Boundary Map Exhibit C — Subarea 14, Boundary Map • Exhibit D — Subarea 14, Aerial Exhibit E — Photo of Trico Business Park (9300 Santa Anita Avenue) Exhibit F - City Council Staff Report (without attachments) dated February 17, 2010 Exhibit G - City Council Minutes dated February 17, 2010 Exhibit H - Initial Study Draft Resolution of Approval Recommending Approval for Development Code Amendment DRC2009-00691 Draft Ordinance of Approval for Development Code Amendment DRC2009-00691 • • A-7 Rancho Cucamonga Development Code Section 17.30.030 • Table 17.30.030 Continued - Use Regulations for Industrial Districts LAND USE IP • USE TYPES . ,SUBAREAS HO,GI IZII 31IG41 51 !PI IP I GGI MII//HI 1 101 1111{12 3I14I H516 17 MU/OS COMMERCIAL 11 J. Adult Entertainment A AA. A A AA A A A Agricultural/Nursery Supplies&Services P P p p P , p p p Animal Care C C C C C C C C Automotive Fleet Storage C C C C P C C p • Automotive Fueling Services C - Automotive Rental P I P P P P- - - P P Automotive/Light Truck Repair-Minor P P • • P PIP P P P P I P P Automotive/Truck Repair-Major -P C P P P f P C C C Automotive Sales and Leasing C C C I C Automotive Service Court PP Pp G P Automotive Service Station C C C C C C G P P r.--Z C C C C C C °a-`'. Building Contractor's Office& Yards PP P p P P ' P P P P p ';a..;,,;j. Building Contractor's Storage Yard p p Building Maintenance Services P P P p P P I P P P P P p 1+7 Building&Light Equipment Supplies 8 Sales PC P C C PP C P C C P Business Supply Retail&Services P' P P P p p p ' Business Support Services P' P C P P C P P P C P P P P p p : �'-": Communication Services _ P PP P P P P PIP P PIP .P P I P P -�r Convenience Sales 8 Services c. Entertainment C C C p C C C CC I C I C C C Cam_ C C C 'Q' Extensive Impact Commercial • C C C C Q Fast Food Sales C. C C C C C C C Financial,Insurance&Real Estate Services P P P P P P P C P C C P p "'Gh� ali Food&Beverage Safes '• uneral 8 r me etory Services R ' OV'` C C CC C C C C - sett e • in Heavy quipmen a es en a s ► - ,:'8 . Heavy tai p C C C �A C P C C ars p Indoor Wholesale/Relall Commercial P P P C "S: - C C C C C C C Laundry Services P p p P P p p p MedicalMealth Care Services p p PP P P P Personal Services • C' 0 P P p p p I C P P p I P P • Petroleum Products Storage C C G C C C Recreation Facilities - C C C C C C C P I C C P P P - Repair Services P P C p P p p p p P P C Restaurants P P p p. p p p p -- Restaurants with Bar or Entertainment C C C C C C C - Specialty Building Supplies&Home Improvement P P C Warehouse-Style Retail Merchandising^ - C • • NOTES: . IP - Industrial Park - P - Permitted Use HO - Haven Avenue Overlay District: C - Conditionally Permitted Use GI - General Industrial 0 - 'Non-Marked uses not permitted - MI/HI - Minimum Impact Heavy Industrial A - Adult Entertainment Zoning_Permit Required HI - Heavy Industrial - MU/OS - Mixed Use/Open Space - Ancillary uses limited to 20 percent of the P' - Permitted with Master Plan approval for 35 floor area per Section 17.30.080.5.b. acres minimum Refer to Subarea 12 Special Considerations for additional restrictions • 17.30-8 11/00 EXHIBIT A A-8 Heiavi,_cu --- . f7TT� �J "fig ' • ----- W'cl NtfO 311HM - -� -- - I / 137 > ®- i I. I. ! . F -,-•---;1,' . I Z -412( --I • 1------ 1 ; '.;:.' *: it • 1 .-- •- ...: r.. 1 • ■ 1.-----:-. --- . t m, ..._.; ., • I 1 • r -- .7 --- ---- ; i • i c■,',•L';),Vrirt•.21, il,,"2, ','., :-.1' I 1 . 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Troyer, AICP, Planning Director By: Donald Granger, Senior Planner Subject: CONSIDERATION TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA - A request to amend Table 17.30.030 Use Regulations for Industrial, Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). • RECOMMENDATION: Staff recommends that the City Council, through minute action, agree to initiate Development Code Amendment DRC2009-00691. BACKGROUND: On May 12, 2009, the Planning staff received a Conditional Use Permit • (CUP) application for a human and animal crematory at 9546 Commerce Center Drive, within Subarea 6, adjacent to the Haven Avenue Overlay District (Exhibit A). Shortly after the Notice of Filing signs were posted, the Planning staff began receiving letters of opposition from the surrounding property owners, tenants, and businesses. On July 23, 2009, the applicant withdrew the application for the proposed crematory. Prior to the withdrawal, staff received a total of nine letters of opposition. The letters cite concerns over economic impacts (inability to lease nearby buildings), proximity of nearby food establishments and hospitality uses, and the impact a crematory will have on the high profile, Class A office buildings and corporate image. Although the application for the proposed crematory on Commerce Center Drive was withdrawn, the Planning staff began studying the land use regulations for General Industrial and Industrial Park Districts, which were established over 20 years ago. Since the initial adoption of the Industrial Districts land use regulations, the City has experienced a significant amount of commercial, retail, and office development, which has resulted.in a dramatically different built environment than what existed at the time the existing land use regulations were adopted. Consequently, the Planning staff brought before the City Council an interim ordinance for their consideration to prohibit the establishment and/or operation of human and animal crematories in any land use zone within the City of Rancho Cucamonga until further analysis could be completed. On August 5, 2009, the City Council adopted a 45-day interim ordinance to prohibit the establishment and/or operation of human and animal crematories in any land use zone within the City of Rancho Cucamonga. As permitted under Government Code Section 65858, and • following an advertised public hearing on September 2, 2009, the City Council extended the Iterim ordinance an additional 10 months and 15 days. The extension of the urgency rdinance maintains the current prohibition until August 2, 2010. Since the adoption of the EXHIBIT F A-13 CITY COUNCIL STAFF REPORT DRC2009-00691 —CITY OF RANCHO CUCAMONGA February 17, 2010 Page 2 • initial urgency ordinance, and the subsequent extension, the Planning staff has been analyzing, researching, and evaluating the potential impacts that the establishment of a crematory for the disposition of human or animal remains may have on the surrounding land uses in order to find the most suitable location. Land Use Analysis Existing Land Use Composition: Subarea 14 is designated as General Industrial and covers an "L" shaped geographical area generally located east of the 1-15 Freeway, north of 4th Street, west of Etiwanda Avenue and south of the Metrolink railroad right-of-way (Exhibits B and C). Subarea 14 is intended to serve the broadest range of industrial activities, typically including custom manufacturing, light and medium manufacturing, light and medium wholesale distribution, building contractors, and other uses that may need access to rail service. Subarea 14 is intended to serve as a buffer and transition from heavy industrial uses located to the north and east in Subarea 15. Existing land uses within Subarea 14 are primarily composed of manufacturing, distribution, warehousing, and contractors. Examples of existing businesses include Big Lots Distribution Warehouse; Nong Shim Noodle; RMA Group (Soils Engineering); Handlen Distribution Company (grocery); Champion Fire Systems (Fire Protection); Rancho Pacific Electric (contractor); Weber Distribution; Dearden's Warehouse and Trico Business Park. Currently there are no existing restaurants, hotels, or fast-food establishments in Subarea 14, nor are restaurants, fast-food, and hotel/motel uses permitted uses within Subarea 14. Subarea 14 • has the following geographical attributes that, in staffs opinion, make it a good candidate to conditionally permifcrematoriums for the following reasons: • No existing restaurants, fast food, or hospitality uses • No existing Class A Office buildings • Geographical location of Subarea 14 is adjacent to 1-15, thereby providing a physical buffer from other sensitive land uses • Subarea 14 is adjacent to only one other Subarea (Subarea 15; Heavy Industrial) • Subarea 14 is adjacent to 4th Street and Etiwanda Avenue, which are arterials and provide a buffer for compatible land uses to the south (City of Ontario/Industrial) and east (City of Fontana/Utility Corridor) • State Regulation and Permits • State Department of Consumer Affairs Regulation: Crematories must be operated under the supervision of a Designated License Crematory Manager and require a permit from the State Department of Consumer Affairs (DCA), Cemetery and Funeral Bureau. Crematory managers are required to undergo a life scan background check for prior criminal activity and • pass an exam demonstrating competency. Crematoriums are required to submit the following documentation to the DCA prior to being licensed: a permit from the Air Quality Management District (AQMD permit), the DCA license of the managing funeral director or crematory manager and fire permits from the Fire Department. Once licensed, a DCA • inspector will visit the crematorium to inspect the equipment and verify that all the required licenses are in place. The DCA does an annual inspection, requires that the license be A-14 • CITY COUNCIL STAFF REPORT DRC2009-00691 —CITY OF RANCHO CUCAMONGA • February 17, 2010 Page 3 renewed on a yearly basis, and that all required documents are retained for 10 years. Education for operators includes both classroom and hands-on training. Operators receive certification from the equipment manufacturer and the Crematory Association of North America. Operational Analysis Crematoriums range in square footage from less than 2,000 square feet to upwards of 5,000 square feet if other funeral services are provided. Facilities typically include an office area, file and record area, oven rooms, and sometimes refrigeration. Operationally, crematories fit well surrounded by custom, light, and medium manufacturing uses since the operation is clean, does not require exterior storage, does not produce noise, odors or vibration, and utilize building sizes that are common to industrial zoned land. Human and animal remains will arrive at the crematorium by unmarked vehicular transport, usually vans, and then transferred into the receiving area of the facility through roll-up doors. The number of employees depends on the size of the facility, and ranges from as few as 3 to upwards of 8. If the body will not be cremated by the end of the day, the uncremated remains must be refrigerated, either on-site or off-site. The cremation process takes 2 hours. The chamber is then cooled and the cremated remains are removed. The last phase is the collection of the fine particle matter. Cremation operation usually begins in the early morning and is completed by late evening. If .• demand warrants, cremation can occur 24 hours a day; however, this scenario is rare and does not occur for prolonged periods. • Air Quality Analysis Regulations: Modern crematory equipment emits no smoke, odor, ash, or other nuisance emissions that would create an adverse impact. As noted above, permits are required from the South Coast Air Quality Management District (SCAQMD) and the State Department of Consumer Affairs, Cemetery, and Funeral Bureau. The permit process takes into consideration the crematorium's location and the type of equipment being used. If approved, the permit places limitations on the weight and/or quantity of bodies that may be cremated in a given period. SCAQMD also requires crematoriums to measure and record the temperature of each cremation and have those records available for review for two years. SCAQMD performs annual inspections and their permit must be renewed on an annual basis. Additionally, SCAQMD is the lead agency which investigates complaints regarding air pollution issues, including smoke and smell. The SCAQMD also requires records regarding the number of cremations performed. Emissions: Stacks to vent the heat from the oven chambers will be roof-mounted and are • typically 4 feet in height. During the Conditional Use Permit (CUP) process, staff will require that either the proposed locations either.have a parapet height that is equal to or greaterihan.- _ • any stack(s): If a building does not have adequate parapet height, staff would then require the stacks to be enclosed with a screening material that is architecturally compatible with the building design. It is a common business practice for crematories to mount cameras on the stacks in order to permit the operator to ensure that the emissions are clean and that the • equipment is operating properly. As part of the CUP entitlement process, the Planning Department would have a nexus to condition the mounting of cameras on stacks. • A-15 CITY COUNCIL STAFF REPORT DRC2009-00691 —CITY OF RANCHO CUCAMONGA February 17, 2010 Page 4 • Potential Adverse Impacts/Mitigation: There are no significant impacts to air quality from the operation of modern crematoriums. Modern ovens utilize an afterburner, which ensures that emissions are compliant and odors do not occur. Modern retorts (ovens) utilize low carbon monoxide (CM) and nitrous oxide (NO,) burners, thereby emitting minute levels of CO and NOx. The only other emission from the stacks is heat. Business Outreach Planning made field visits to several existing businesses in Subarea 14 and presented an overview of the proposed text amendment. Staff visited a total of 6 freestanding buildings, all located on Santa Margarita Court. Staff explained the basics of a typical crematory, the operational characteristics, and presented an overview of the CUP process. Staff pointed out that if the text amendment were approved by the Council, any subsequent application to operate a crematory would include a public hearing and notification as part of the CUP process. Staff noted that notification would extend to all property owners within 660 feet of the proposed use. Following the presentation, staff inquired if there were any questions and queried business owners on whether or not they perceived a crematory would have an adverse impact their business or operation. The response of the businesses generally fell into one of the following three categories. For the businesses visited, tabulations for the three response categories are noted in parentheses: • No perceived direct negative impact; supportive if crematorium has minimal signage • and emissions are properly managed: (4) • Open to a proposed crematory, but concerned about impact potential on property • values and client relationships: (1) • Not supportive and perceived negative impact: (1) Subarea 14 Case Study: Trico Business Park Trico Business Park is a 4.4-acre industrial park centered in the middle of Subarea 14, located in the 9300 block of Santa Anita Avenue, south of 6th Street. The project was approved in 2005 and completed in February of 2007. The original intent of the developer was to attract and lease units to small-scale "flex tech" companies (engineering, design, and research). • Trico Business Park consists of four buildings totaling 61,500 square feet with 190 parking stalls on-site. The buildings are divided into 38 leasable units that range in size from 1,300 square feet to 2,500 square feet. The units are single-story and offer roll-up door access (Exhibit D). The size of the units and the rear roll-up door access make the units viable candidates for a potential crematory operator. Since the units are the right scale and layout for a potential crematory, staff contacted the property.owner, Mr. Clarence J. Turner, Sr. of Trico Realty via telephone and discussed his company's business position on leasing to a crematory. Staff presented an overview of the proposed code amendment and modern crematory operation. Mr. Turner indicated that he owns and manages several properties in Southern California with diverse types of tenants, and that he is familiar with modern crematories and how they are a clean operation. Should the text amendment be approved, Mr. Turner responded that if he were approached by a • crematory in the future, he would have no objection to leasing to a crematory. When staff inquired if Mr. Turner perceived that leasing to crematory would adversely affect his A-16 CITY COUNCIL STAFF REPORT DRC2009-00691 —CITY OF RANCHO CUCAMONGA February 17, 2010 • • Page 5 company's ability to attract and retain tenants at Trico Business Park, Mr. Turner indicated that it is his opinion that a modern crematory would not negatively impact his tenants. SUMMARY: The premise of a Conditional Use Permit is to ensure the compatibility of adjacent uses and separation of potential nuisance activities. If necessary, conditions may be imposed to provide adequate mitigation of any potentially adverse impacts on adjacent land uses. In the future, should an applicant submit an application for a crematorium during the CUP process and review for compliance with the California Environmental Quality Act (CEQA), staff will require that an Air Quality Analysis is performed by a qualified environmental consultant to ensure that all emissions are within acceptable levels of the SCAQMD. The air quality study will evaluate criteria pollutants to determine if the levels exceed thresholds. Additionally, staff will include a condition of approval that requires that cameras are mounted on the stacks to ensure that the facility is operating properly and facilitate operator supervision. Staff is confident with the air quality analysis and any necessary.conditions that a modern crematorium would not adversely impact adjacent properties. CONCLUSION: The Planning staff has been studying the land use composition of several industrial subareas and concludes that Subarea 14 (General Industrial) has strong potential to be a suitable location for the operation of human or animal crematories. If the Development Code Amendment to Subarea 14 is approved, any future crematorium would be subject to a CUP process and public hearing, and staff would require, prior to the hearing, that an applicant conduct public outreach to adjacent businesses and stakeholders in the • form of a neighborhood meeting explaining the process in detail. Staff recommends that the City Council review the request to Initiate the Development.Code Amendment with balanced consideration given to the existing land use composition of Subarea 14 and provide additional input as necessary. Initiating the proposed text amendment will permit staff to continue its analysis of modern crematoriums and the land use makeup of Subarea 14. Should City Council direct Planning staff to initiate the Development Code Amendment, staff will bring forward a Development Code Amendment to the Planning Commission for review and consideration. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Resp tfully submi(�tted, J`" Jame . Troyer, AICP Planning Director JRT:DG/ge • Attachments: Exhibit A — Subareas 4 and 6 Boundary Map • Exhibit B — Subarea 14 Boundary Map Exhibit C — Subarea 14 Aerial Exhibit D — Photo of Trico Business Park (9300 Santa Anita Avenue) Exhibit E — Table 17.30.030: Proposed Code Changes to Use • Regulations for Industrial Districts A-17 Chairman Kurth opened the public hearing. As no one wished to speak, Chairman Ku h .,-• the •ublic he- '•. -- • MOTION: Moved by Spagnolo, seconded by Gutierrez, to adopt Resolution No. FD 107. Motion carried 5-0. PsA i , . , g Nd'ADVERTISED PUBLIC ILEA• I;"" ' - t %,,r i ,- d ' yJx .>'. S7\ f 'V: > [ = 3 rt eNk a, '� ` CITY QOUNCIL,.::" niF ,Y` Y u ,.y, The following items have been advertised and/or pos.1..4i-as public hearings as required by law. The Mayor will open the meeting to receive pub estimony. N1. CONSIDERATION OF A SUBSTANT •'` AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT NEIGJ ORHOOD STABILIZATION PROGRAM FUNDING ALLOCATION — DRC2008-00845RITY OF RANCHO CUCAMONGA — A review of the federally required Substantial f, endment to the currently approved Neighborhood Stabilization Program (NSP), in ,4•ing the selection of NSP funded projects, based on a grant allocation of$2,133,397 Tom Grahn,Associate Plann .resented the staff report. Mayor Kurth opened the - lic hearing. In response to Jy Lee, Mr. Grahn addressed the second program to acquire and rehabilitate foreclosed and andoned single-family and multi-family units and use them in coopeation for local non-profit ho.n+•g developers. The homes acquired would provide affordable rental opportunities for individual;- d families earning at or below 50 percent of the area medium income. • Man urth closed the public hearing. id .-'1TION: u._T .- .- - o •-. . pagnolo, to approve the substantial amen met'fo' : "" ni'y Development Block Grant Neighborhood Stabilization Program. Motion carried 5-0. I ', ,%4,° 4 ', ;N :O -SI MANAGER'S`STAFFREPORTS a `, 5 , ' - l The following items have no legal publication or posting requirements. 01. CONSIDERATION TO INITIATE DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA-A request to amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). Donald Granger, Senior Planner presented the staff report. In response to Councilmember Williams, it was noted that the Development Code Amendment would remove the permitted use in Subareas 4 & 6. In response to Mayor Kurth, Mr. Markman confirmed that there is not an obligation to place this use in Subarea 14. In response to Councilmember Gutierrez, Mr. Granger:indicated that there are other potential locations in Subarea 14 in which this use could be placed. He confirmed that no types of food use are allowed in this Subarea. • Redevelopment Agency, Fire Protection District, City Council Minutes �( February 17, 2010- Page 10 of 12 EXHIBIT G A-18 . In response to Councilmember Spagnolo, it was noted that the proposed Development Code Amendment would allow funeral and crematory services in this area. In response to Councilmember Williams, discussion was held regarding mortuaries and where they • could be placed in the City if they did not include crematoriums. Mr. Markman indicated that the definition could be clarified as part of the Development Code Amendment. Mr. Troyer clarified the Council's desire to allow funeral homes in commercial zones with a Conditional Use Permit and crematoriums in Subarea 14. MOTION: Moved by Michael, seconded by Williams, to direct staff to move forward with Development Code Amendment DRC2009-00691. Motion carried 5-0. _ _--• ALTAXPAYER PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2011 "- RESOLUTION NO. 10-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANC CUCAMONGA, CALIFORNIA, IN SUPPORT OF THE LOCAL TAXPAY' -, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 0 Mayor Pro Tern Michael discussed the need for this Resolution. MOTION: Moved by Michael, seconded by Spagnolo, to adopt Resol /on No. 10-033. Motion carried 5-0. I WaSINVAIWW:417kMliq/Ointi§KWARticfg5Aneal The following items have been requested by the City Counci or discussion. P1. COUNCIL ANNOUNCEMENTS (Comments to limited to three minutes per • Councilmember.) Councilmember Gutierrez invited the Council and ,e audience to a drum line competition on February 27, 2010 at Rancho Cucamonga High S hoof. Councilmember Williams reported that F• ruary is Women's Heart Health Month and encouraged women to become aware of th -y ymptoms of heart disease. r r Mayor Kurth suggested that tonight's r'eeting be adjourned in honor of the Etiwanda World War II veterans. Y .t' P2. CONSIDERATION FOR INI ?'ATION OF A CITY COUNCIL APPEAL OF A PLANNING COMMISSION DECISION =EGARDING CONDITIONAL USE PERMIT DRC2004-00326R AND ENTERTAINMENT r. RMIT DRC2004-00327R- OMAHA JACKS, LOCATED AT 11837 FOOTHILL BOULEVA , SUITE A-APN: 0229-011-39. (Oral Report) Jack Lam, City Manager, resented the staff report. He indicated that this item was placed on the agenda so that the C' Council could decide whether to appeal the decision of the Planning Commission. If so, a_ ate would be set for a public hearing so that all of the information could be provided to the City • ouncil. /' MOTION: Mo /. by Williams, seconded by Spagnolo, to appeal the Planning Commission's decision an.,' chedule the matter for consideration on March 17, 2010. Motion carried 4-1, Councilm;. ber Gutierrez voted no. wn Redevelopment Agency, Fire Protection District, City Council Minutes • February 17, 2010 - Page 11 of 12 A-19 City of Rancho Cucamonga • ' t ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II • � � BACKGROUND 1. Project File: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA - A request to amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030. Staff has prepared a Negative Declaration of environmental impacts for consideration. 2. Related Files: N/A 3. Description of Project: An ordinance that will amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030. 4. Project Sponsor's Name and Address: • City of Rancho Cucamonga James R. Troyer, AICP, Planning Director 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 5. General Plan Designation: -.. . Industrial Industrial Park General Industrial 6. Zoning: Industrial • Industrial Park (Subarea 6) General Industrial (Subareas 4 and 14) 7. Surrounding Land Uses and Setting: Regional Description Rancho Cucamonga is located in the Inland Empire of California in San Bernardino County. It is located 37 miles east of downtown Los Angeles. Direct freeway access to the City may be taken from the SR-210 and 1-15 Freeways. Unincorporated areas of the County of San Bernardino and the City of Fontana are located east of Rancho Cucamonga. The City of Upland is located west of Rancho Cucamonga. The City of Ontario is adjacent to the south and southwest portions of Rancho Cucamonga. The unincorporated area of the County of San Bernardino is located to the north of Rancho Cucamonga. • The City of Rancho Cucamonga encompasses a total planning area of approximately 50 square miles. Thirty-eight square miles constitute the incorporated area, augmented by a 12-square mile Sphere-of-Influence that generally extends from our City's northern border up to the San Bernardino National Forest. EXHIBIT H A-20 Initial Study for City of Rancho Cucamonga DRC2009-00691 - CITY OF RANCHO CUCAMONGA Page 2 The predominant City pattern for commercial activity is characterized by the commercial corridor • along Foothill Boulevard, accented by the planned clusters of commercial and service businesses at many of the intersections. The northerly two-thirds of the City are predominately residential, while the southerly one-third is largely industrial. Commercial centers are mostly located along the main east/west spine of the City, Foothill Boulevard. The northerly edge of _ our Sphere-of-Influence is dominated primarily by open spaces of various types; a transition from the • San Bernardino National Forest and Mountains that frame this part of the West Valley area of the San Bernardino County. Area Description Not applicable. The proposed project involves the adoption of a text amendment to amend Table 17.30.030 Use Regulations for Industrial Districts, by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030. This project does not involve a site specific development. Site Description Not applicable. The proposed project involves the adoption of a text amendment to amend Table 17.30.030 Use Regulations for Industrial Districts, by removing Funeral and Crematory Services as. a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and adding Crematory Services as a Conditionally Permitted Use in Subarea 14.(General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030. This project does not involve a site specific development. 8. Lead Agency Name and Address: • City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 • 9. Contact Person and Phone Number: Donald Granger Senior Planner (909) 477-2750 • 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): N/A GLOSSARY—The following abbreviations are used in this report: CVWD —Cucamonga Valley Water District EIR— Environmental Impact Report FEIR— Final Environmental Impact Report NPDES— National Pollutant Discharge Elimination System NOx—Nitrogen Oxides ROG — Reactive Organic Gases 'PM10— Fine Particulate Matter RWQCB—Regional Water Quality Control Board SCAQMD—South Coast Air Quality Management District • SWPPP—Storm Water Pollution Prevention Plan URBEMIS7G— Urban Emissions Model 7G Rev. 3/13/07 A-21 • Initial Study for City of Rancho Cucamonga DRC200--00691 — CITY OF RANCHO CUCAMONGA Page 3 • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below'would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less-Than-Significant Impact" as indicated by the checklist on the following pages. ( )Aesthetics ( )Agricultural Resources (✓)Air Quality ( ) Biological Resources ( ) Cultural Resources ( )Geology& Soils ( ) Hazards &Waste Materials ( ) Hydrology&Water Quality ( ) Land Use & Planning ( ) Mineral Resources ( ) Noise ( ) Population & Housing ( ) Public Services ( ) Recreation . ( )Transportation/Traffic ( ) Utilities & Service Systems ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (1) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. ( ) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. • ( ) I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ( ) I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ( ) I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared Date:2/n J ., Reviewed By: S,, .; Y� � , ��� Date: • Rev. 3/13/07 • A-22 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 4 Less Than • Significant Less Issues and Supporting Information Sources: Potentially Mulgation Significant No Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? ( ) ( ) ( ) (✓) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (✓) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) ( ) ( ) (✓) quality of the site and its surroundings? d) Create a new source of substantial light or glare, ( ) ( ) ( ) (✓) which would adversely affect day or nighttime views in the area? Comments: a) The proposed code amendment will remove Funeral and Crematory Services as Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in - Subarea 14 (General Industrial District). Since crematory operations are required to be conducted within an enclosed building, there will be no impact to vistas or view corridors according to General Plan Exhibit III-15. Therefore, the proposed code amendment will • not create any impacts. b) There are no State Scenic Highways within the City of Rancho Cucamonga. Therefore, the proposed code amendment will not create any impacts to State Scenic Highways. c) The visual quality of the City of Rancho Cucamonga will not degrade as a result of this code amendment. The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally • Permitted Use in Subarea 14 (General Industrial District). Since crematory operations are required to be conducted within an enclosed building, there will be no downgrading of the visual character of the City of Rancho Cucamonga. Therefore, the proposed code amendment will not create any impacts to the visual character of the City. d) This code amendment will not increase the number of streetlights and security lighting used in the City. This project does not involve a site specific development; therefore, the proposed code amendment will not create any impacts to nighttime views or result in nuisance glare. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) ( ) (✓) • Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? • b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (✓) Williamson Act contract? Rev. 3/13/07 A-23 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 5 • • Less Than Significant Less Issues and Supporting Information Sources: Petemla wile an Significannt t Mitigation Significant No Impact Incorporated Impact Impact c) Involve other changes in the existing environment, ( ) ( ) ( ) (✓) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: a) The code amendment will remove Funeral and Crematory Services as a Conditionally • Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the • City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. Therefore, the proposed code amendment will not create any impacts to farming or agricultural resources. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City; therefore, the proposed code amendment will not create any impacts to farming or agricultural resources. c) Please see discussion under 2a) above. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) (✓) ( ) applicable air quality plan? b) Violate any air quality standard or contribute ( ) ( ) (✓) ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively-considerable net increase of ( ) ( ) (✓) • ( ) any criteria pollutant for which the project region is non-attainment under an applicable Federal or.State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) ( ) (✓) ( ) concentrations? • e) Create objectionable odors affecting a substantial () ( ) ( ) (✓) number of people? Rev. 3/13/07 A-24 • Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 6 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant corporal Significant Impact Incorporated Impact Impact Comments: a) The proposed text amendment does not involve a site specific project at this time. There • are no .significant impacts to air quality from the operation of modern crematoriums. Modern ovens utilize an afterburner, which ensures that emissions are compliant and odors do not occur. Modern retorts (ovens) utilize low carbon monoxide (CM) and nitrous oxide (NOx) burners, thereby emitting minute levels of CO and NOx. The only other . emission from the stacks is heat. In the future when a land use entitlement application is submitted for a crematory, during the entitlement process and review for compliance with the California Environmental Quality Act (CEQA), staff will require that an Air Quality Analysis is performed by a qualified Environmental Consultant to ensure that all emissions are within acceptable levels of the SCAQMD. The air quality study will evaluate criteria pollutants to determine if the levels exceed thresholds. Some of the pollutants that will be evaluated include carbon monoxide, nitrogen oxides, and carbon dioxide. As discussed above, there are no significant impacts to air quality from the operation of modern crematoriums. There will be no direct impact to air quality from the proposed code amendment; the ultimate, cumulative impacts to air quality from a future crematorium are considered less-than-significant. b) The proposed text amendment does not involve a site specific project at this time. There are no significant impacts to air quality from the operation of modern crematoriums. • Modern ovens utilize an afterburner, which ensures that emissions are compliant and odors do not occur. Modern retorts utilize low carbon monoxide (CM) and nitrous oxide (NOx) burners, thereby emitting minute levels of CO and NOx. The only other emission from the stacks is heat. In the future when a land use entitlement application is submitted for a crematory, during the entitlement process and review for compliance with the California Environmental Quality Act (CEQA), staff will require that an Air Quality Analysis is performed by a qualified Environmental Consultant to ensure that all emissions are within acceptable levels of the SCAQMD. The air quality study will evaluate criteria pollutants to determine if the levels exceed thresholds. Some of the pollutants that will be evaluated include carbon monoxide, nitrogen oxides, and carbon dioxide. As discussed above, there are no significant impacts to air quality from the operation of modern crematoriums. There will be no direct impact to air quality from the proposed code amendment; the ultimate, cumulative impacts to air quality from a future crematorium are considered less-than-significant. c) The proposed text amendment does not involve a site specific project at this time. There are no significant impacts to air quality from the operation of modern crematoriums. Modern ovens utilize an afterburner, which ensures that emissions are compliant and odors do not occur. Modern retorts utilize low carbon monoxide (CM) and nitrous oxide (NOx) burners, thereby emitting minute levels of CO and NOx. The only other emission from the stacks is heat. In the future when a land use entitlement application is submitted for a crematory, during the entitlement process and review for compliance with the California Environmental Quality Act (CEQA), staff will require that an Air Quality Analysis is performed by a qualified Environmental Consultant to ensure that all emissions are within acceptable levels of the • SCAQMD. The air quality study will evaluate criteria pollutants to determine if the levels exceed thresholds. Some of the pollutants that will be evaluated include carbon monoxide, nitrogen oxides, and carbon dioxide. As discussed above, there are no significant impacts Rev. 3/13/07 A-25 Initial Study for • City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 7 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact • to air quality from the operation of modern crematoriums. There will be no direct impact to air quality from the proposed code amendment; the ultimate, cumulative impacts to air quality from a future crematorium are considered less-than-significant. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The South Coast Air Quality Management District (SCAQMD) identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within one-fourth mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. • The proposed text amendment does not involve a site specific project at this time. There are no significant impacts to air quality from the operation of modern crematoriums. Modern ovens utilize an afterburner, which ensures that emissions are compliant and odors do not occur. Modern retorts utilize low carbon monoxide (CM) and nitrous oxide (NOx) burners, thereby emitting minute levels of CO and NOx. The only other emission from the stacks is heat. In the future when a land use entitlement application is submitted for a crematory, during • the entitlement process and review for compliance with the California Environmental Quality Act (CEQA), staff will require that an Air Quality Analysis is performed by a qualified Environmental Consultant to ensure that all emissions are within acceptable levels of the SCAQMD. The air quality study will evaluate criteria pollutants to determine if the levels exceed thresholds. Some of the pollutants that will be evaluated include carbon monoxide, nitrogen oxides, and carbon dioxide. As discussed above, there are no significant impacts to air quality from the operation of modern crematoriums. There will be no direct impact to air quality from the proposed code amendment; the ultimate, cumulative impacts to air quality from a future crematorium are considered less-than-significant. e) The proposed text amendment does not involve a site specific project at this time. There are no significant impacts to air quality or odors from the operation of modern crematoriums. Modern ovens utilize an afterburner, which ensures that emissions are compliant and odors do not occur. Modern retorts utilize low carbon monoxide (CM) and nitrous oxide (NOx) burners, thereby emitting minute levels of CO and NOx. The only other emission from the stacks is heat. No impacts from odors are anticipated. • 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (✓ ) through habitat modifications, on any species identified as a candidate, sensitive, or special status - species in local or regional plans, policies; or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (✓ ) or other sensitive natural community identified in local • • • or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Rev. 3/13/07 A-26 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 8 • Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impac• t c) Have a substantial adverse effect on federally ( ) ( ) ( ) (✓) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) ,through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) ( ) ( ) (✓) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (1) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? • Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a • • Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to biological resources. b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to riparian resources. c) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to wetlands. d) The proposed code amendment 'will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to wildlife or wildlife corridors. e) The proposed code amendment will remove Funeral and Crematory Services as a • Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Rev. 3/13/07 A-27 Initial Study for City of Rancho.Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 9 • Less Than Significant Less Issues and Supporting Information Sources: • Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to trees or landscape resources. f) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to habitat conservation plans. 5. CULTURAL RESOURCES. Would the project: • a) Cause a substantial adverse change in the ( ) ( ) ( ) (V) • significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ( ) ( ) ( ) (✓) resource or site or unique geologic feature? • d) Disturb any human remains, including those interred ( ) ( ) ( ) (✓) outside of formal cemeteries? • Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea.4..(General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to historic resources. • b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to archaeological resources. c) The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of-Influence; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, • may contain significant vertebrate fossils. The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project Rev. 3/13/07 A-28 • • Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 10 Less Then • Significant Less • Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to paleontological resources. d) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to human dead that are interred outside of designated cemeteries. 6. GEOLOGY AND SOILS. Would the project: _ a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • ii) Strong seismic ground shaking? ( ) ( ) ( ) (✓) • iii) Seismic-related ground failure, including ( ) ( ) ( ) (V) liquefaction? iv) Landslides? ( ) ( ) ( ) (✓) b) Result in substantial soil erosion or the loss of topsoil? ( ) ( ) ( ) (✓) c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (✓) or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the • disposal of wastewater? Comments: • a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific • development. No adverse impacts are anticipated: Rev. 3/13/07 A-29 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 11 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With han Significant Significant por Significant Impact Incorporated Imp act Impact b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. No adverse impacts to topsoil are anticipated. c) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. No adverse impacts are anticipated. The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer. The code amendment and any subsequent future crematories would not withdraw water from the existing aquifer. No adverse impacts are anticipated. d) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. No adverse impacts to soils are anticipated. • e) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time; therefore, it will not create any impacts to wastewater disposal systems. 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (• ) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of ( ) ( ) ( ) (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? • • • • • Rev. 3/13/07 A-30 Initial Study for City of Rancho Cucamonga • DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 12 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than Significant corporate Significant Impact Incorporated Impact Impact e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (/) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in • Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Deceased human remains are required to be transported in leak proof containers. Additionally, human remains are not classified as hazardous materials. Therefore, the proposed code amendment will not create any adverse impacts. • b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does -not involve a site specific development at this time. Deceased human remains are required to be transported in leak proof containers. Additionally, human remains are not classified as hazardous materials. Therefore, the proposed code amendment will not create any adverse impacts. c) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Deceased human remains are required to be transported in leak proof containers. Additionally, human remains are not classified as hazardous materials. There are no existing or planned schools within Subarea 14. Therefore, the proposed code amendment will not create any adverse impacts. d) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in . Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any • adverse impacts. Rev. 3/13/07 • A-31 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 13 • Less Than Significant Less Than Issues and Supporting Information Sources: Potentially Nth tic Significant Incorporated Significant No Impact Incorporated Impact Impact • e) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in • Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts. f) The nearest private airstrip, Cable Airport, is located approximately 2-1A to the west of the City's westerly limits. The proposed code amendment will remove Funeral and Crematory Services as Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts. No impact is anticipated. g) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts. • h) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ( ) ( ) ( ) (✓) requirements? b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (✓) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land • uses or planned uses for which permits have been • granted)? c) Substantially alter the existing drainage pattern of the ( ) .. _ ( ) . . ( ) (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the • course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Rev. 3/13/07 A32 • Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 14 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than pp g ce Significant Si t NItItgation Significant No Impact Incorporated Impact Impe d e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (✓) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) ( ) ( ) (1) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (✓) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ( ) (✓) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The proposed code amendment will remove Funeral and Crematory Services as a • Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts to water quality or water resources. b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea.6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts to water quality groundwater resources. c) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. . Therefore, the proposed code amendment will not create any adverse impacts to existing drainage patterns or alter any streams or rivers. d) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts to existing drainage patterns or alter any streams or rivers. e) The proposed code amendment will remove Funeral and Crematory Services as a • Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Rev. 3/13/07 A-33 Initial Study for • City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 15 • Less Than Significant Less Th Issues and Supporting Information Sources: Potentially With an Significant Mitigation Significant No Impact Incorporated Impact Impact Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts to storm-water runoff or storm drain facilities. f) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts to water quality groundwater resources. g) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts as no housing units are proposed with this project. No adverse impacts are expected. h) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 • (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Therefore, the proposed code amendment will not create any adverse impacts as no housing units or structures are proposed with this project. No adverse impacts are expected. i) The proposed code amendment does not involve a site.specific project at this time; therefore there is no risk of exposing human lives to flooding risks. No adverse impacts are expected. j) The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made • controls have been constructed to reduce the ' mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. The proposed code amendment does not involve a site specific project at this time. No impacts are anticipated. There are no oceans, lakes, or reservoirs near Subarea 14, the Industrial District that will be affected by the proposed code amendment. Therefore, impacts from seiche and tsunami are not anticipated. • 9. LAND USE AND PLANNING. Would the project: . a) Physically divide an established community? ( ) ( ) ( ) (✓) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (• ) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, • specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Rev. 3/13/07 A-34 • • Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 16 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With nan • SiImpict corporate Significant pa No Impact Incorporated Imoect Impact c) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (7) or natural community conservation plan? Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development at this time. Subarea 14 is designated as General Industrial and covers an "L" shaped geographical area generally located east of the 1-15 Freeway, north of 4th Street, west of Etiwanda Avenue and south of the Metrolink railroad right-of-way. Subarea 14 is intended to serve the broadest range of industrial activities, typically including light custom, light and medium manufacturing, light and medium wholesale distribution, building contractors, and other uses that may need access to rail service. Subarea 14 is intended to serve as a buffer and transition from heavy industrial uses located to the north and east in Subarea 15. Subarea 14 has the following geographical attributes that make it a good candidate to conditionally permit crematoriums for the following reasons: • No existing restaurants, fast food, or hospitality uses • No existing Class A office buildings • Geographical location of Subarea 14 adjacent to 1-15, thereby providing a physical • buffer from other sensitive land uses • • Subarea 14 is adjacent to only one other Subarea (Subarea 15; Heavy Industrial) • Subarea 14 is adjacent to Fourth Street and Etiwanda Avenue, which are arterials and provide a buffer for compatible land uses to the south (City of Ontario/Industrial)and east (City of Fontana/Utility Corridor) Therefore, the proposed code amendment will not create any adverse impacts to land uses within Subarea 14 or to adjacent land uses. No adverse impacts are expected. b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District), The proposed code amendment does not involve a site specific project at this time; therefore, the proposed code amendment does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The proposed code amendment does not involve a site specific project at this time. No impacts are anticipated to habitat or wildlife conservation plans. • • Rev. 3/13/07 A-35 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 17 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Impact Incorporated Impact Impact 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (✓) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (✓) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time; therefore, the proposed code amendment will not create any adverse impacts to mineral resources. No impacts are anticipated. b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve • • a site specific project at this time; therefore, the proposed code amendment will not create any adverse impacts to mineral resources. No impacts are anticipated. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) ( ) ( ) (✓) • excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (1) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise ( ) ( ) ( ) (✓) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ( ) ( ) ( ) (✓) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (✓) where such a plan has not been adopted, within 2 • miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project expose people residing or working in • the project area to excessive noise levels? Rev. 3/13/07 A36 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 18 Less Than • Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Sint No Impact Impact Incorporated Impact Impact Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. Subarea 14 is zoned General Industrial and currently has industrial and warehouse land uses that are compatible with the noise levels for a typical crematorium, which is minimal. Modern crematoriums consist of ovens and grinding devices which do not emit significant levels of noise. Noise levels from the operation of a crematorium would be negligible, if any, outside of the building. Therefore, the proposed code amendment will not create adverse levels of noise or nuisance noise impacts on humans or adjacent land uses. No impacts are anticipated. b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. Subarea 14 is zoned General Industrial and currently has industrial and warehouse land uses that are compatible with the noise levels for a typical crematorium, which is minimal. Modern crematoriums consist of ovens and grinding devices which do not emit significant levels of noise, vibration or grinding. • Vibration or grinding from the operation of a crematorium would be negligible, if any, outside of the building. Therefore, the proposed code amendment will not create adverse levels of vibration or nuisance vibration impacts on humans or adjacent land uses. No impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed code amendment activities will not significantly increase traffic; therefore increases in the ambient noise levels are not anticipated. d) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. Subarea 14 is zoned General Industrial and currently has industrial and warehouse land uses that are compatible with the noise levels for a typical crematorium, which is minimal. Modern crematoriums consist of ovens and grinding devices which do not emit significant levels of noise. Noise levels from the operation of a crematorium would be negligible, if any, outside of the building. Therefore, the proposed code amendment will not create adverse levels of noise or nuisance noise impacts on humans or adjacent land uses. No impacts are anticipated. e) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. Although Subarea 14 is within the future Airport Land Use Compatibility Plan (ALUCP) for the Ontario Airport, compliance with ALUCP and the • FAR Part 77 Subpart B will ensure that no adverse impacts occur when a crematorium is proposed in the future. No impacts are anticipated. Rev. 3/13/07 A-37 • Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 19 • Less Than Significant Less Issues and Supporting Information Sources: Potenhallr wth Than Significant Mitigation Significant No Impact Incorporated Impact Impact f) The nearest private airstrip, Cable Airport, is located approximately 2'1/2 miles to the west of the City's westerly limits. Subarea 14 is located at the southeastern area of the City, more than 7 miles from Cable airport. No impact is anticipated. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either ( ) ( ) ( ) (7) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (✓) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (7) the construction of replacement housing elsewhere? Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve • a site specific project at this time. In the future when a crematorium is proposed, it will not induce population growth. No impacts are anticipated. b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. In the future when a crematorium is proposed, it will not displace housing or require the demolition of housing stock. Subarea 14 is an industrial area with no residential housing units. No impacts are anticipated. c) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. In the future when a crematorium is proposed, it will not displace housing or require the demolition of housing stock. Subarea 14 is an industrial area with no residential housing units. No impacts are anticipated. • Rev. 3/13/07 A-38 • Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 20 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than pp 9 Significant coWithon Significant pa Impact Incorporated Impact Impact 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) ( ) ( ) (✓) b) Police protection? ( ) ( ) ( ) (✓) c) Schools? ( ) ( ) ( ) (✓) d) Parks? ( ) ( ) ( ) (• ) e) Other public facilities? ( ) ( ) ( ) (7) Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. In the future when a crematorium is proposed, it will • require review and approval by the Fire Construction Services Department within the Building and Safety Department. No impacts are anticipated to fire services. b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve • a site specific project at this time. No impacts are anticipated to police services. c) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. Subarea 14 is an industrial area with no existing or planned schools. No impacts are anticipated. d) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. Subarea 14 is an industrial area with existing or planned parks. No impacts are anticipated. e) The proposed code amendment does not involve a site specific project at this time and should have no impact on other public services. No impacts are anticipated. • • • Rev. 3/13/07 A39 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 21 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant otation Significant No Impact IncNorporated Impact Impact 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (7) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (1) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. Subarea 14 is an industrial area with existing or planned parks/recreational facilities. No impacts are anticipated. b) Please see discussion under 14a) above. • 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in ( ) ( ) ( ) (✓) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? • b) Exceed, either individually or cumulatively, a level of ( ) ( ) ( ) (✓) service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ( ) ( ) ( ) (7) either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (✓) (e.g., sharp curves or dangerous intersections) or • incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) f) Result in inadequate parking capacity? ( ) ( ) ( ) (✓) g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓) supporting alternative transportation (e.g., bus turnouts, bicycle racks)? • Rev. 3/13/07 A-40 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 22 Less Than • Significant Less Issues and Supporting Information Sources: Potentially with Than pp g Signintiant Mitigation Significant No Impact Incorporated Impact Impact • Comments: a) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. No impacts are anticipated. b) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 • (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed•code amendment does not involve a site specific project at this time. No impacts are anticipated. c) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). .The proposed code amendment does not involve a site specific project at this time. No impacts are anticipated. d) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in • Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. No impacts are anticipated. e) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. No impacts are anticipated. f) The proposed code amendment will remove Funeral and Crematory Services as a - Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. No impacts are anticipated. g) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time and should have no impact on features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). No impacts are anticipated. • • Rev. 3/13/07 A-41 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 23 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With rnan Significant Mitigation Significant No Impact Incorporated Impact Impact 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (✓) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (✓) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ( ) () ( ) (✓) water drainage facilities or expansion of existing facilities, the construction of which could cause • significant environmental effects? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (✓) provider, which serves or may serve'the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? • f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (✓) capacity to accommodate the project's solid waste • disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (✓) regulations related to solid waste? Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. No impacts to water or wastewater treatment providers are anticipated. b) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The City of Rancho Cucamonga served by the Cucamonga Valley Water District sewer system, which has waste treated by the. Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve the estimated build out area of the Industrial Districts. The proposed code amendment will remove Funeral and Crematory Services as Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code • amendment does not involve a site specific project at this time. No impacts to water or wastewater treatment providers are anticipated. Rev. 3/13/07 A42 Initial Study for City of Rancho Cucamonga • DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 24 • Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than pp 9 Significant Incorporated Significant Impact Incorporated Impact Impact c) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. In the future when a crematorium is proposed, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. No impacts are anticipated. d) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. The City of Rancho Cucamonga is served by the Cucamonga Valley Water District water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve the estimated build out area of the Industrial Districts. No impacts are anticipated. e) The City of Rancho Cucamonga served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General • Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time. No impacts are anticipated. f) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District)•and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time and should have no impact on solid waste disposal. For future crematoriums, solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. No impacts are anticipated. g) The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General'Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). The proposed code amendment does not involve a site specific project at this time and should have no impact on solid waste disposal. For future crematoriums, solid waste disposal will be provided by the current City contracted hauler who disposes the refuse'at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. • Rev. 3/13/07 A-43 Initial Study for City of Rancho Cucamonga DRC2009-00691 — CITY OF RANCHO CUCAMONGA Page 25 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With han Significant Mitigation Significant No • Impact Incorporated Impact Impact 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) ( ) (✓) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) (✓) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will ( ) ( ) ( ) (• ) cause substantial adverse effects on human beings, • either directly or indirectly? Comments: a) Sensitive species potentially occurring within our City limits include the Delhi Sands flower-loving fly (DSF), the California Gnatcatcher and the San Bernardino Kangaroo Rat. A few remaining parcels of land contain Delhi soils, which could provide a suitable habitat for these species, although recent surveys have not identified any DSF within the City boundaries or in the Sphere-of-Influence area. Recent surveys have identified breeding pairs of the California Gnatcatcher within the Sphere-of-Influence area. The San Bernardino Kangaroo Rat may also occur within our Sphere-of-Influence. The proposed code amendment will remove Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District) and add Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District). This project does not involve a site specific development. Therefore, the proposed code amendment will not create any impacts to biological resources. b) The proposed code amendment does not involve a site specific project at this time. The 2001 General Plan was adopted along with the Certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime' farmland; -air quality, the acoustical environment, library services, aesthetics, and visual resources. Mitigation measures were adopted for each of these resources; however, they would-not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the • • benefits of development under the General Plan update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed use projects that will be Rev. 3/13/07 A-44 Initial Study for City of Rancho Cucamonga DRC2009-00691 - CITY OF RANCHO CUCAMONGA Page 26 pedestrian friendly and conservation of valuable natural open space. With these findings • and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) The proposed code amendment will not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies all categories having no impact or less-than-significant impact. Any future project that indirectly results from this ordinance would be subject to separate environmental consideration and review. • EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, Program ER, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such . effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Department offices, 10500 Civic Center Drive (check all that apply): (✓) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (7) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, Certified January 4, 1989) • • Rev. 3/13/07 A-45 Initial Study for City of Rancho Cucamonga DRC2009-00691 - CITY OF RANCHO CUCAMONGA Page 27 • APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Applicant's Signature: ��� � �"�/ Date: Z-2,5—f0 Print Name and Title: James R. AICP, Planning Director • • . • • • • Rev. 3/13/07 A-46 • • S�1, City of Rancho Cucamonga NEGATIVE DECLARATION N 3 b1J Mesibleta The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: DRC2009-00691 Public Review Period Closes: March 24, 2010 Project Name: Project Applicant: City Of Rancho Cucamonga, 10500 Civic Center Dr. • Project Location (also see attached map): City of Rancho Cucamonga Project Description: An ordinance that will amend Table 17.30.030 Use Regulations for Industrial Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District)and Subarea 6 (Industrial Park District)and adding Crematory Services as a Conditionally Permitted Use in Subarea 14 (General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030. FINDING • This is to advise that the City of Rancho Cucamonga,acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: The Initial Study indicates that there is no substantial evidence that the project may have a significant effect on the environment. If adopted, the Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive(909)477-2750 or Fax(909)477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. March 24, 2010 Date of Determination Adopted By • • A-47 RESOLUTION NO.10-14 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO ENACT DEVELOPMENT CODE AMENDMENT DRC2009-00691, A REQUEST TO AMEND TABLE 17.30.030 USE REGULATIONS FOR INDUSTRIAL DISTRICTS BY REMOVING FUNERAL AND CREMATORY SERVICES AS A CONDITIONALLY PERMITTED USE IN SUBAREA 4 (GENERAL INDUSTRIAL DISTRICT) AND SUBAREA 6 (INDUSTRIAL PARK DISTRICT),ADDING CREMATORY SERVICES AS A CONDITIONALLY PERMITTED USE IN SUBAREA 14 (GENERAL INDUSTRIAL DISTRICT) AND MODIFYING THE DEFINITION OF FUNERAL AND CREMATORY SERVICES UNDER SECTION 17.30.030; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2009-00691, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. In order to protect the public health, safety and welfare, on August 5, 2009, the City Council adopted a 45-day Interim Ordinance to prohibit the establishment and/or operation of human and animal crematories in any land use zone within the City of Rancho Cucamonga. The purpose of the Interim Ordinance was to permit staff adequate time to analyze the land use impacts of crematoriums and find potentially suitable locations within the City of Rancho Cucamonga. • 3. In order to protect the public health,safety, and welfare as permitted under Government Code Section 65858 and following an advertised public hearing, on September 2, 2009, the City Council extended the Interim Ordinance an additional 10 months and 15 days. The extension of the urgency ordinance maintains the current prohibition until August 2, 2010. The purpose of the Interim Ordinance extension was to permit staff adequate time to continue to analyze the land use impacts of crematoriums and find potentially suitable locations within the City of Rancho Cucamonga. 4. On February 17, 2010, the City Council approved the initiation of Development Code Amendment DRC2009-00691. 5. On the 24th day March 2010, 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. 6. 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. 1111 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on March 24,2010, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: A-48 PLANNING COMMISSION RESOLUTION NO. 10-14 DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA March 24, 2010 Page 2 • a. The application applies to the property located within the City; and b. An Initial Study was prepared for the Code Amendment and the Initial Study finds that that all environmental impacts from the Code Amendment are either of no impact or less-than-significant impact; therefore, the proposed amendment will not have a significant impact on the environment. 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. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within Subarea 14 of the Industrial Districts in a manner consistent with the General Plan and with related development. Subarea 14 is zoned General Industrial and is geographically suitable to conditionally permit crematoriums since it is adjacent to only one other Subarea, Subarea 15, which is zoned Heavy Industrial. There are no existing sensitive uses within Subarea 15 that would be adversely impacted by a future crematory use within Subarea 14; and b. This amendment does promote the goals and objectives of the Development Code. Specifically, the Industrial Districts have a stated objective to organize land uses in a logical manner that avoids nuisance impacts between land uses. There are no existing or planned sensitive uses including, but not limited to, hospitality or restaurant uses that would be adversely affected by being • in the proximity of a future crematory; and c. The proposed amendment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed text amendment will conditionally permit future crematories within Subarea 14. Subarea 14 is zoned General Industrial, and future crematories will require a public hearing and air quality analysis to ensure that all impacts are mitigated to a less-than-significant level; and d. The subject application is consistent with the objectives of the Development Code, as the Development Code seeks a variety of industrial uses that will serve the City of Rancho Cucamonga and San Bernardino County. The text amendment will provide for crematories within Subarea 14 with an approved Conditional Use Permit in a geographic location that is suitable because of its industrial land use composition; and e. The proposed amendment is in conformance with the General Plan. The General Plan strives for land uses that serve local and regional needs. The City of Rancho Cucamonga presently does not have a crematory or a cemetery, and modern crematories provide one of several options for the final disposition of human or animal remains. • 4. Based upon the facts and information contained in the proposed 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 recommends that the City Council adopt a Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local • CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of A-49 PLANNING COMMISSION RESOLUTION NO. 10-14 DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA March 24, 2010 Page 3 • the project. Based on the findings contained in that Initial Study,City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration, and based on the whole record before it, finds: (i)that the Negative Declaration was prepared in compliance with CEQA; and (ii)that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby recommends that the City Council adopt the Negative Declaration. c. The custodian of the records for the Initial Study, Negative Declaration, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment DRC2009-00691 by adoption of this Resolution to amend to amend Table 17.30.030 Use Regulations for Industrial • Districts by removing Funeral and Crematory Services as a Conditionally Permitted Use in Subarea 4 (General Industrial District) and Subarea 6 (Industrial Park District), adding Crematory Services as a Conditionally Permitted Use in Subarea 14(General Industrial District) and modifying the definition of Funeral and Crematory Services under Section 17.30.030 as described in this Resolution by adoption of the Draft City Council Ordinance and Exhibit"A" of the Draft City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MARCH 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman • ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, 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 March 2010, by the following vote-to-wit: • A-50 PLANNING COMMISSION RESOLUTION NO. 10-14 DEVELOPMENT CODE AMENDMENT DRC2009-00691 - CITY OF RANCHO CUCAMONGA March 24, 2010 Page 4 • AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • A-51 ORDINANCE Nat. • • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2009-00691, AMENDING TABLE 17.30.030 USE REGULATIONS FOR INDUSTRIAL DISTRICTS BY REMOVING FUNERAL AND CREMATORY SERVICES AS A CONDITIONALLY PERMITTED USE IN SUBAREA 4 (GENERAL INDUSTRIAL DISTRICT) AND SUBAREA 6 (INDUSTRIAL PARK DISTRICT), ADDING CREMATORY SERVICES AS A CONDITIONALLY PERMITTED USE IN SUBAREA 14 (GENERAL INDUSTRIAL DISTRICT) AND MODIFYING THE DEFINITION OF FUNERAL AND CREMATORY SERVICES UNDER SECTION 17.30.030, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2009-00691, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. In order to protect the public health, safety welfare, on August 5, 2009, the City Council adopted a 45-day Interim Ordinance to prohibit the establishment and/or operation of• human and animal crematories in any land use zone within the City of Rancho Cucamonga. The purpose of the Interim Ordinance was to permit staff adequate time to analyze the land use • impacts of •crematoriums and find potentially suitable locations within the City of Rancho Cucamonga. 3. In order to protect the public health, safety and welfare and as permitted under Government Code Section 65858 and following an advertised public hearing, on September 2, 2009, the City Council extended the Interim Ordinance an additional 10 months and 15 days. The extension of the urgency ordinance maintains the current prohibition until August 2, 2010. The purpose of the Interim Ordinance extension was to permit staff adequate time to continue to analyze the land use impacts of crematoriums and find potentially suitable locations within the City of Rancho Cucamonga. 4. On February 17, 2010, the City Council approved the initiation of Development Code Amendment DRC2009-00691 by minute action. 5. On March 24, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Development Code Amendment DRC2009-00691, and following the conclusion thereof, adopted its Resolution No. 10-14, recommending that the City Council of the City of Rancho Cucamonga adopt Development Code Amendment DRC2009-00691. 6. On May 5, 2010, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application 7. All legal prerequisites prior to the adoption of this Ordinance have occurred. • A-52 CITY COUNCIL ORDINANCE NO.4 DEVELOPMENT CODE AMENDMENT DRC2009-00691 —CITY OF RANCHO CUCAMONGA May 5, 2010 • Page 2 B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: . SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on May 5, 2010, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to the property located within the City; and b. An Initial Study was prepared for the Code Amehdment and the Initial Study finds that that all environmental impacts from the Code Amendment are either of no impact or less-than-significant impact; therefore, the proposed amendment will not have a significant impact on the environment; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within Subarea 14 of the Industrial Districts, in a manner consistent with the General Plan and with related development. Subarea 14 is zoned • General Industrial and is geographically suitable to conditionally permit crematoriums since it is adjacent to only one other Subarea, Subarea 15, which is zoned Heavy Industrial. There are no existing sensitive uses within Subarea 15 that would be adversely impacted by a future crematory use within Subarea 14; and d. This amendment does promote the goals and objectives of the Development Code. Specifically, the Industrial Districts have a stated objective to organize land uses in a logical manner that avoids nuisance impacts between land uses. There are no existing or planned sensitive uses including, but not limited to, hospitality or restaurant uses that would be adversely affected by being in the proximity of a future crematory; and e. The proposed amendment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The proposed text amendment will conditionally permit future crematories within Subarea 14. Subarea 14 is zoned General Industrial, and future crematories will require a public hearing and air quality analysis to ensure that all impacts are mitigated to a less-than-significant level; and f. The subject application is consistent with the objectives of the Development Code, as the Development Code seeks a variety of industrial uses that will serve the City of Rancho Cucamonga and San Bernardino County. The text amendment will provide for crematories within Subarea 14 with an approved Conditional Use Permit in a geographic location that is suitable because of its industrial land use composition; and g. The proposed amendment is in conformance with the General Plan. The General Plan strives for land uses that serve local and regional needs. The City of • Rancho Cucamonga presently does not have a crematory or a cemetery, and modern crematories provide one of several options for the final disposition of human or animal remains. A-53 • CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2009-00691 —CITY OF RANCHO CUCAMONGA May 5, 2010 • Page 3 SECTION 3: Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration, and based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (H) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the City Council adopts the Negative Declaration. • c. The custodian of the records for the Initial Study, Negative Declaration, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 4: Based upon the findings and conclusions set forth in Sections 1, 2 and 3 above, this Council hereby approves Development Code Amendment DRC2009-00691 as follows: • SECTION 5: Table 17.30.030 Use Regulations for Industrial Districts, is hereby amended to read, in words and figures, as shown in the attached Exhibit "A." SECTION 6: The following Land Use Type Definition found in Section 17.30.030-D-4-z is hereby amended to read as follows: Crematory Services: Activities typically include, but are not limited to, services involving the care, preparation, and disposition of human and/or animal remains by means of cremation. Uses typically include, but are not limited to: crematories and crematories with embalming services. SECTION 7: If any section, subsection, sentence, clause, phrase, or word of this • Ordinance is, for any.reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this A-54 CITY COUNCIL ORDINANCE NO.t DEVELOPMENT CODE AMENDMENT DRC2009-00691 —CITY OF RANCHO CUCAMONGA May 5, 2010 • Page 4 Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 8: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. • • • A-55 Rancho Cucamonga Development Code Section 17.30.030 • III .Table 17.30.030 Continued - Use Regulations for Industrial Districts USE TYPES (LAND USE I IP GI GI GI Cl Cl I IP IPI GI MI/HII GI Cl I IP Cl I GI HI IPI IP MU/OS SUBAREAS HO 1 2 3 14 15 1 6 7 8 9 10 11 12 13114115 16 17 18 COMMERCIAL Adult Entertainment - Agricultural/Nursery Supplies&Services ?CAA A A A I A A A P P Animal Care C C C C • C P P Automotive Fleet Storage C C C C C C C C C P C C I P Automotive Fueling Services C — Automotive Rental P P P P P- Automotive/Light Truck Repair—Minor P p P P P P P P p P P IP P • • • Automotive/Truck Repair—Major P C P p p . Automotive Sates and Leasing - P C C C ... C C C c Automotive Service Court PP P P . Automotive Service Station C F P P P Z_ C C C C C C C C C C C C Building Contractor's Office&Yards PP P p P P P P P Building Contractor's Storage Yard P P P P Building Maintenance Services k'C_7i: ?r-. P PP P P P P P P P P P L- Building&Light Equipment Supplies&Sales PC P C C P P C P C C P ''�-' Business Supply Retail&Services P' P P P P P P I P P P Business Support Services P P P b•',.> Communication Services _ P P P P P P P ,:v, P C C P P P C C P P P C 'P P P P ' Convenience Sales 8 Services C' C C P P C C Entertainment C C C C 'Q. C C C C C C C W, Extensive Impact Commercial Cam'•.. C C C C Fast Food Sales C' C C C C m, Financial,Insurance& Real Estate Services C C C • P P P P P P P C P C C P P �� Food&Bevera.e Sales C' C C C C C C ° ' i AIII0 u er-I&Creme ory Services 9S)AO�E C C C � �5 i ea • q omen a-s . entals i�. .. Hotel/Motel P C C C C P C I C P P P sL: P C •ALI Indoor Wholesale/Retell Commercial t{Q, Laundry Services C C C C C C C P P P P P P P P Medical/Health Care Services P P PP P P P Personal Services C P P P I p - • C- C PP P P P C P P P Petroleum Products Storage C C C Recreation Facilities • C C C C C C C C C C P C C P Repair Services P P P P C P P P P P P I P P C Restaurants P P I P P P Restaurants with Bar or Entertainment P P p C C I C C C Specialty Building Supplies&Home Improvement it C C , P P C Warehouse-Style Retail Merchandising" I C • • NOTES: IP - Industrial Park P - Permitted Use HO - Haven Avenue Overlay District C - Conditionally Permitted Use GI - General Industrial ❑ - Non-Marked uses not permitted MI/HI - Minimum Impact Heavy Industrial A - Adult Entertainment Zoning Permit Required • HI - Heavy Industrial - MU/OS - Mixed Use/Open Space - Ancillary uses limited to 20 percent of the P. - Permitted with Master Plan approval for 35 floor area per Section 17.30.080.5.b. acres minimum - Refer to Subarea 12 Special Considerations for additional restrictions • 17.30-8 11/00 EXHIBIT A A-56 • , t . , YMr a) F bT }T a` . 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Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: AMENDMENT TO DEVELOPMENT REVIEW DRC2009-00413 - STANTEC CONSULTING - COMERICA BANK - A request to alter the roof pitch because of technical issues and change the roof color of a previously approved 3,982 square foot retail bank with a drive-thru at an existing retail center within the Industrial Park District, (Subarea 7), located at 12035 Foothill Boulevard: APN: 0229-023-05. On January 24, 2007 a Mitigated Negative Declaration was adopted by the Planning Commission for Tentative Parcel Map SUBTPM17818. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Mitigated Negative Declaration. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North Multi-Tenant Commercial Center; Foothill Specific Plan (Subarea 4), Office Park South - Vacant Lot; Industrial Park (Subarea 7) • East - Nursery and Southern California Edison Utility Corridor; Open Space West - Masi Plaza; Industrial Park (Subarea 7) B. General Plan Designations: Site - General Commercial North - Office . South - General Commercial East - Flood Control and Utility Corridor West - General Commercial C. Site Characteristics: The site is a puzzle shaped parcel that is part of an overall project that was L-shaped. The puzzle shaped parcel is a .76-acre pad at the far east portion of the Victoria Commons site at 12035 Foothill Boulevard. This site is on the south side of Foothill Boulevard between Rochester Avenue and the Edison Utility Corridor in the General Commercial District. The current Victoria Commons project has one multi-tenant retail building constructed with two additional vacant pads located along Foothill Boulevard. Also the two-story office building along Rochester Avenue has been constructed. At the southeast corner of Foothill Boulevard and Rochester Avenue is the Aggazzotti home, formerly a winery and designated Historic Point of Interest (not a part of the project). D. Parking Calculations: The project is parked per the parking criteria of the Development Code and the tabulation of the required parking spaces is as follows: • Number of Number of Square Parking Spaces Spaces • Type of Use Footage Ratio Required Provided Bank with drive-thru 3,982 1:250 16 16 ITEM B. • PLANNING COMMISSION STAFF REPORT DRC2009-00413 - STANTEC March 24, 2010 Page 2 • ANALYSIS: A. Background: The Master Planned project named Victoria Commons, was originally approved through DRC2005-01084 with its mix of office, retail, and restaurants, and creates a synergy consistent with the commercial/office corridor of Foothill Boulevard. The Victoria Commons project proposed five retail/restaurant and bank buildings (including the Comerica Bank Building) fronting Foothill Boulevard. The Design Review for the bank was approved by the Planning Commission on January 13, 2010. The approval was for a 3,982 square foot commercial bank building at the far east portion of the Victoria Commons site. The exterior building skin will contain H.C. Muddox "Mountain Rose" brick with an H.C. Muddox "Frosted Almond" brick band around the entire building, one brick wide approximately 30-inches from finished grade. A tower element at the entrance of the bank and columns that will be located at the corners and spaced evenly around the bank will be covered with cultured stone "Chardonnay Limestone." The roof was to be a light- weight Saxony shake Monier Life tile that is "Charcoal Blend" in color. The applicant has requested an alteration to the elevations because of a technical issue with the pitch of the roof to accommodate the concrete tile roofing material. They would also like to change the roof color and finish to a Saxony slate Monier Life tile "Charcoal Brown Blend" instead of the Saxony shake Monier Life tile "Charcoal Blend" that was previously approved. The approved proposal was for a 2:12 roof pitch and the recommended pitch for proper installation is a 3:12 pitch. The new pitch raises the roof almost 2 feet and pushes the tower • element up 2 feet to adjust for the rise in the peak of the roof. The color change was a request from the corporate office. Initially, the applicant filed an appeal regarding the decision on the roof color, but because staff had to resolve the roof pitch issue at the DRC, staff was directed to re-visit the color of the roof at the DRC as well. B. Design Review Committee: The Design Review Committee (Munoz, Stewart, and Nicholson) reviewed the site, building elevations, materials, and Conceptual Landscaping Plans on October 6, 2009, and instructed the applicant to make a change in the roofing material from metal to light-weight tile. On December 1, 2009, the applicant requested to change the color of the light-weight tile from a Saxony Shake Monier Life "Charcoal Blend" color to a Saxony Slate "Charcoal Brown Blend." The Design Review Committee requested the applicant keep the tile a Charcoal Blend shake as previously agreed upon. The applicant agreed to keep the tile the same color and style. After obtaining approval of the project, Comerica did not like the color of the roof and wanted to change it so they filed an appeal. The project went back to the Design Review Committee (Munoz, Wimberly, and Granger) on February 16, 2010, to discuss the pitch of the roof and color. The roof pitch was recommended for approval but the samples that were submitted did not accurately represent the color of the tile roof. The applicant was requested to submit full size samples of the approved tile and the proposed tile so an informed decision could be made. At the March 2, 2010, Design Review Committee meeting, the Committee found the new color is kept in line with the surrounding buildings and recommended approval of the Saxony slate • Monier Life tile Charcoal Brown Blend. B - 2 PLANNING COMMISSION STAFF REPORT DRC2009-00413 - STANTEC March 24, 2010 • Page 3 C. Grading Review Committee: The Grading Committee reviewed the development portion of the project on October 6, 2009, and recommended approval. D. Environmental Assessment: Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on January 24, 2007, in connection with the City's approval of Tentative Parcel Map SUBTPM17818. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated Design Review application DRC2009-00413 and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred, which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. The original submittal considered impacts associated with a commercial bank with a drive-thru and the current proposal is for that type of use. The current footprint for this commercial bank is smaller than the previously analyzed footprint of 4,500 square feet. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated . Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The original analysis took into consideration a larger bank and the new bank is smaller, thus creating less of an impact on the site. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of the Design Review application DRC2009-00413. CORRESPONDENCE: Staff has received no letters or telephone calls regarding this item. RECOMMENDATION: Staff recommends that the Planning Commission approve the changes to Design Review DRC2009-00413 through the adoption of the attached Resolution of Approval. • Respectfully submitted, / ,�m"24- R- Vijry"a/b/ James R. Troyer, AICP Y Planning Director JRT:SF\ds Attachments: Exhibit A - Site Plan Exhibit B - Elevations Draft Resolution of Approval for Amendment to Development Review DRC2009-00413 • B - 3 Ai , i ; ao, V0'VONOWVOf3 OHONVU I e l i i a z P- C s i' j!!! 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I '>t,'i§"r�i r4,.;-,447,aw' "�.q�h ,.. '.� ', I if 3~ r ;..: £ , , k � `z^" qi H° ''Irr-s,E �` 'tc'a f i ,:4-0 i4A ' E B - 7 se • rx a 5 T'• As IAAlt:1;4 5 3 8 C ; • RESOLUTION NO. 10-15 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT REVIEW DRC2009-00413 FORA CHANGE IN ROOF PITCH AND COLOR OF ROOF TILE FOR A 3,982 SQUARE FOOT RETAIL BANK WITH A DRIVE-THRU AT AN EXISTING MASTER-PLANNED PROJECT WITHIN THE GENERAL COMMERCIAL DISTRICT, LOCATED AT 12035 FOOTHILL BOULEVARD; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-023-05. A. Recitals. 1. Yvonne Buan with Stantec, on behalf of Comerica Bank, filed an application for the amendment to the approval of Development Review No. DRC2009-00413, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 13th day of January 2010, the Planning Commission of the City of Rancho Cucamonga conducted a meeting and concluded said meeting on that date by approving the Development Review Resolution No. 10-02 for application DRC2009-00413. 3. On the 24th day of March 2010, the Planning Commission of the City of Rancho • Cucamonga conducted a meeting on the application and concluded said hearing on that date. 4. 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 meeting on March 24, 2010, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located at 12035 Foothill Boulevard with a street frontage of 106 feet and lot depth of 273 feet and is presently improved with a parking lot and lighting; and b. The property to the north of the subject site across Foothill Boulevard is Victoria Promenade, the property to the south consists of a vacant lot, the property to the east is a nursery within the Edison Power Line Corridor, and the property to the west across Rochester Avenue is Masi Plaza; and • c. The project, together with the recommended Conditions of Approval,complies with all minimum development standards for the City of Rancho Cucamonga; and B -9 PLANNING COMMISSION RESOLUTION NO. 10-15 DRC2009-00413 AMENDMENT - STANTEC March 24, 2010 Page 2 • d. The project incorporates a blend of architectural design and site planning that gives character with compatibility through the use of like building materials and plant pallet. 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 proposed project is consistent with the objectives of the General Plan because it provides another use within the commercial center that creates a wide range of community-oriented and regionally oriented businesses; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located because the project is compatible with the existing center through use of compatible building materials and design; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code because the project complies with established designed standards of the Development Code such as setback, landscaping, and parking requirements; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, or materially injurious to properties or improvements in the vicinity because the project has been designed with the complete center in mind and will complement the rest of the center with complementary building materials. • 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration in January 24, 2007, in connection with the City's approval of Tentative Parcel Map SUBTPM17818. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii)substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts;or(iii)new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the Amendment to Design Review application DRC2009-00413, that substantial changes to the project or the circumstances surrounding the project have not occurred, which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration, The original submittal considered impacts associated with a commercial bank with a drive-thru and the current proposal is for that type of use exactly. The current footprint for this commercial bank is smaller than the previously • analyzed footprint of 4,500 square feet. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more B - 10 PLANNING COMMISSION RESOLUTION NO. 10-15 DRC2009-00413 AMENDMENT - STANTEC March 24, 2010 Page 3 • severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The original analysis took into consideration a larger bank and even with the alterations the new bank is smaller, thus creating less of an impact on the site. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the Amendment to Design Review application DRC2009-00413. 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 Department 1) Approval is for the alteration of the roof pitch and color change of the roof tile color and style from Saxony Shake Monier Life Tile "Charcoal Blend" to Saxony Slate Monier Life Tile "Charcoal Brown Blend"for a 3,982 square foot retail bank within an existing retail center, located at 12035 Foothill Boulevard. • 2) 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. 3) 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. 4) Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5) 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. • 6) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. B - 11 • PLANNING COMMISSION RESOLUTION NO. 10-15 DRC2009-00413 AMENDMENT - STANTEC March 24, 2010 Page 4 • 7) All applicable Conditions of Approval for Tentative Tract Map SUBTPM17818, Conditional Use Permit DRC2005-01084 (Planning Commission Resolution No. 07-06) and the original conditions of DRC2009-00413 (Planning Commission Resolution No. 10-02) shall apply. 8) Any stone veneers used on the project(e.g., buildings, perimeter walls, pilasters, etc.), shall be installed in a manner that does not give the appearance of a tack on element. All stone veneers shall be applied and/or extended so that the material terminates at an appropriate point on the structure. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF MARCH 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard B. Fletcher, Chairman • ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, 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 March 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • B - 12 STAFF REPORT ' � at • PLANNING DEPARTMENT LtS DATE: March 24, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Adam Collier, Planning Technician SUBJECT: REQUEST TO INITIATE THE REVIEW OF NON-CONSTRUCTION CONDITIONAL USE PERMIT CUP99-43R - THE BEER MUG - A request to set a public hearing to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. Located within the Regional Related Commercial District, Subarea 4, of the Foothill Boulevard Specific Plan, in the Foothill Marketplace at 12809 Foothill Boulevard, Suite • CI-CY - APN: 0229-031-33. Related files: Conditional Use Permit CUP97-03 and Entertainment Permit EP97-30. The Planning Department has received and reviewed a request by the Rancho Cucamonga Police Department to evaluate the approved Conditional Use Permit CUP99-43 for The Beer Mug, located at 12809 Foothill Boulevard, #C1, based on the issues identified in the attached memorandum dated March 10, 2010 (Exhibit A). • • RECOMMENDATION: Based on the issues noted in the attached memorandum, staff recommends that the Planning Commission authorize staff by minute action to examine the business operation to ensure that it is being operated in a manner consistent with the conditions of approval of Conditional Use Permit CUP99-43 or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity and to set this matter for public hearing as permitted under the City Development Code. • Respectfully submitted, "' • mes R. Troyer, AICP Planning Director JRT:AC/ge Attachments: Exhibit A - Rancho Cucamonga Police Department Memorandum dated March 10, 2010 • ITEM C MEMORANDUM • RANCHO CUCAMONGA POLICE DEPARTMENT ' RANCHO Date: March 10, 2010 CUCAMONGA To: James Troyer, Planning Direct From: Joe Cusimano, Chief of Police Subject: Public Nuisance — reference he Beer Mug The Rancho Cucamonga Police Department requests the Planning Department re-evaluate the Conditional.Use Permits and Entertainment Permits for the following local establishment: • The Beer Mug 12809 Foothill Blvd. #C1 Calls for service include multiple attempted murders, fights, drunk in public, and assaults. We believe they are in violation of their Conditional Use Permit and Entertainment Permit. We request the Planning Department re-evaluate these permits and submit this memo to the Planning Commission for further assessment. • • C-2 EXHIBIT A Planning Commission Meeting of j- ate- RANCHO � 7 CUCAMONGA PLANNING.COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME ADDRESS CITY ITEM 1. a i 2. nia ntC 7 �i7���epr t't - 4. !� �N 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.