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HomeMy WebLinkAbout07-27 - Resolutions RESOLUTION NO. 07-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2006-00510 FOR A LAND USE ENTITLEMENT FOR AN EXISTING LEGAL, NON-CONFORMING PROCESSING FACILITY OPERATED BY PACIFIC COAST RECYCLING AND TO REPLACE EXISTING, OUTDATED AUTOMOBILE SHREDDING AND FERROUS METAL RECYCLING PLANT FACILITIES WITH MODERNIZED EQUIPMENT ON APPROXIMATELY 5.00 ACRES OF LAND IN THE HEAVY INDUSTRIAL DISTRICT (SUBAREA 15), LOCATED AT 8822 ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-131-15. A. Recitals. 1. Cash and Associates Engineers filed an application for the issuance of Conditional Use Permit DRC2006-00510, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 13th day of June 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on June 13,2007, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at 8822 Etiwanda Avenue,with a lot depth of 630 feet and which is presently improved with a legal, non-conforming processing facility operated by Pacific Coast Recycling; and b. The property to the north of the subject site is zoned Heavy Industrial(Subarea 15) and is developed with a heavy manufacturing use, Ameron Pipe;the property to the south is zoned Heavy Industrial (Subarea 15) and is developed with an energy generating facility, Reliant Energy; the property to the east is zoned Heavy Industrial (Subarea 15) and is developed with a manufacturing use, Bernell Hydraulics; and the property to the west is zoned Heavy Industrial (Subarea 15) and is developed with a heavy manufacturing use, Tamco Steel; and C. The present use is a legal, non-conforming processing facility that involves the shredding of ferrous and non-ferrous materials that has been operating prior to the City's incorporation in 1977. Under the City's Development Code, processing facilities require the review and approval of a Conditional Use Permit by the Planning Commission, which the applicant filed for with the Planning Department. Throughout the review process, the applicant has diligently worked with City staff from multiple departments improving the site and lessening the degree of non-conformity; and PLANNING COMMISSION RESOLUTION NO. 07-27 DRC2006-00510— CASH AND ASSOCIATES ENGINEERS June 13, 2006 Page 2 d. The applicant is proposing several site improvements and enhancements including, but not limited to, the installation of parking stalls, improvements to the employee outdoor eating area,the removal of non-conforming signage,the removal of non-conforming light poles and making public improvements to Etiwanda Avenue, thereby lessening the degree of non-conformity; and e. The removal of the existing,outdated equipment and the installation of modernized equipment will result in greater recycling flow rates,thereby reducing electrical consumption per ton; and f. The existing use predates the incorporation of the City of Rancho Cucamonga and has no land use entitlement on file. Approval of Conditional Use Permit DRC2006-00510 will provide the appropriate land use entitlement and lessen the degree of non-conformity for the existing facility and will facilitate compliance with the City's Development Code. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. C. The proposed use complies with each of the applicable provisions of the Development Code. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the scope of the project consists of minor alteration to the existing facilities, consisting of the changing out of the existing industrial and mechanical equipment with modern industrial and mechanical equipment; therefore, there is no substantial evidence that the project will have a significant effect on the environment. Further, the modern equipment will be more energy efficient per recycled ton, and noise generation levels will likely be reduced. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) The project will be developed in accordance with plans on file in the Planning Department as approved and conditioned by the Design Review Committee (DRC) on May 1, 2007, as stated in the Design Review Committee Action Comments. Listed below are conditions of PLANNING COMMISSION RESOLUTION NO. 07-27 DRC2006-00510 —CASH AND ASSOCIATES ENGINEERS June 13, 2006 Page 3 approval from the DRC that shall be adhered to during the plan check process: • The employee outdoor eating area shall be enhanced with tables, benches, and shade. The final design shall be subject to Planning Director review and approval during plan check. • The existing chain link along the south property line shall be replaced with decorative wrought iron in order to provide screening from public view from the Metrolink line. Final design shall be subject to Planning Director review and approval during plan check • Add additional landscaping along the east property for screening purposes. The final design shall be subject to Planning Director review and approval during plan check. 2) Approval is granted to operate a processing facility at 8822 Etiwanda Avenue. The physical expansion of the processing facility, or the intensification of the use beyond what is specifically approved by this Conditional Use Permit as outlined in the Title Block of this Resolution, shall require review and approval by the Planning Commission. 3) This approval shall expire if Building Permits are not issued or the approved use has not commenced within 5 years of this approval date. 4) Signs require the submittal of a separate Sign Permit application for review and the approval by the Planning Director prior to installation. Within 90 days from the adoption date of this Resolution, all non-conforming signage shall be removed. The applicant shall obtain all necessary permits for new signage. All new signage shall meet the requirements of the City's Sign Ordinance. 5) The business shall operate in conformance with the performance standards as defined in the Development Code and adhere to all conditions of this Conditional Use Permit. If the operation of the approved use causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the Planning Commission for consideration and possible termination of the use. 6) The facility shall operate in conformance with the performance standards as defined in the Industrial Area Specific Plan including, but not limited to, noise levels. 7) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, the requirements of the Air Quality Management District or Health Department,the Uniform Building Code, or any other City Ordinances. PLANNING COMMISSION RESOLUTION NO. 07-27 DRC2006-00510 —CASH AND ASSOCIATES ENGINEERS June 13, 2006 Page 4 8) 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. 9) Upon installation of the new equipment, a sound study prepared by an acoustical engineer and shall be submitted to the Planning Director demonstrating compliance with the performance standards for the Heavy Industrial District. If the sound levels exceed the allowable maximum noise levels, the acoustic engineer shall recommend mitigation measures to bring the noise levels into compliance. Following the installation of any necessary mitigation measures, a sound study shall be prepared to verify the adequacy of the mitigation measures. Engineering Department 1) Etiwanda Avenue frontage across the access property (APN: 0229-131-21)owned by AT&SF Railroad shall be fully improved to City "Major Arterial' Standards including but not limited to: a) Protect the existing curb and gutter or repair/replace as required by the City Engineer. b) Provide property line adjacent sidewalk. c) Extend and hardscape the raised median on Etiwanda Avenue on the north side of the railroad crossing a distance of about 60 feet, as approved by the City Engineer. d) Provide a guardrail to protect the existing crossing gate at the south edge of the existing Etiwanda Avenue driveway. e) Provide 9500 Lumen HPSV streetlights as required by City Engineer. f) Protect the existing R26 "No Stopping" signs or replace as required. g) Remove or relocate existing private sign(s) in the public right-of-way at the north side of the driveway. 2) The project site does not have actual frontage on Etiwanda Avenue. Currently,the only access to the site is across a parcel owned by either SANBAG or AT&SF Railroad, for which the developer has a license PLANNING COMMISSION RESOLUTION NO. 07-27 DRC2006-00510—CASH AND ASSOCIATES ENGINEERS June 13, 2006 Page 5 agreement for access from that said owner. This developer shall acquire from the current owner of parcel APN: 0229-131-21 an additional 10 feet of public right-of-way along Etiwanda Avenue frontage to provide the ultimate right-of-way dimension of 50 feet, measured from the centerline of the street. 3) A signed Consent and Waiver form to join the appropriate Landscape and Street Lighting Districts shall be filed with the City Engineer, prior to issuance of Building Permits. The property owner(s)shall provide a copy of the Grant Deed showing the legal owner name(s) and legal description of the property and an updated Title Report for the Engineering Department to use in preparation of the annexation agreement documents (for the actual project site at APN: 0229-131-15). 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2007. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Q/Y` Pae a tewart, Chairman ATTEST: 2!!� Rjz!!� - Ja es R. Troyer, AICP, Se retary 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 13th day of June 2007, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE