HomeMy WebLinkAbout12-12 - Resolutions RESOLUTION NO. 12-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE
PERMIT DRC2011-00254 - A REQUEST TO OPERATE A 4.42-ACRE
RECYCLING FACILITY INCLUDING THE USE OF A TEMPORARY OFFICE
MODULE WITHIN THE HEAVY INDUSTRIAL DISTRICT OF SUBAREA 15
ON THE SOUTH SIDE OF WHITTRAM AVENUE BETWEEN
PECAN AVENUE AND HICKORY AVENUE LOCATED AT 13195, 13207,
13231, 13243,AND 13253 WHITTRAM AVENUE;AND MAKING FINDINGS
IN SUPPORT THEREOF -APN: 0229-192-09, 06, 04, 03, AND 02.
A. Recitals
1. James Lin for All State Recycling filed an application for Conditional Use Permit
DRC2011-00254, 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 December 14, 2011, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application that was continued to a date uncertain.
3. On February 8, 2012, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application that was continued to a date uncertain.
4. On March 28, 2012, 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.
5. 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. The Planning 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 the Planning Commission during the
above-referenced public hearing on December 14, 2011, and continued to February 8, 2012, and
March 28, 2012, including written and oral staff reports, together with public testimony,the Planning
Commission hereby specifically finds as follows:
a. The application applies to a request to operate a ferrous metal recycling
facility, and
b. The subject property is zoned Heavy Industrial; and
C. The property to the north is zoned General Industrial and is developed with a
vehicle storage facility; the property to the south is zoned Heavy Industrial and is undeveloped; and,
the properties to the east and west are zoned Heavy Industrial and are respectively developed with
a vehicle dismantler and a vehicle storage facility; and
d. The applicant proposes upgrading and expanding their existing ferrous metal
processing facility on Whittram Avenue. The facility has been operating at this location without the
required Conditional Use Permit since 1987. The applicant operates a second recycling facility on
Etiwanda Avenue which operates under a separate Conditional Use Permit; and
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254 —JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 2
e. Section 17.30.030 of the Development Code requires that scrap operations obtain
a Conditional Use Permit. The scrap operation classification covers the storage and sale from the
premises and/or dismantling of used recyclables; and
f. All State Recycling currently employees 42 employees between their
Etiwanda Avenue and the Whittram Avenue facilities. The Whittram Avenue facility will have
6 full-time employees. The facility will operate one shift from 7:30 a.m.to 3:30 p.m. Monday through
Friday and from 8:30 a.m. to 2:30 pm. on Saturdays. They will receive approximately 10 to 15 truck
trips per day; and
g. The project site is located within the Heavy Industrial Development District which
permits open air storage of large mounds of raw and semi-refined products. The surrounding uses
include vehicle storage, vehicle dismantling, vehicle repair, and a non-conforming single-family
residence. The major negative effect that the recycling facility will have on the surrounding land
uses will be noise, especially for the neighboring single-family residence. As part of this approval,
the applicant will construct an 8-foot high masonry and metal walls between the project site and the
neighboring uses, as well as provide upgraded windows and doors for the neighboring single-family
residence. The proposed site improvements and mitigation measures should reduce the negative
effects on the neighboring property owners to an acceptable level.
3. Based upon the substantial evidence presented to the Planning Commission during the
above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1
and 2 above, the Planning Commission hereby finds and concludes as follows:
a. The proposed use is in accordance with the General Plan, the objectives of the
Development Code, and the purposes of the district in which the site is located; and
b. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, welfare, or materially injurious to the properties or the
improvements in the vicinity; and
C. The application,which contemplates operation of the proposed use,complies with
each of the applicable provisions of the Development Code.
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, 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, with the
imposition of mitigation measures, there would be no substantial evidence that the project would
have a significant effect on the environment. Based on that determination, a Mitigated Negative
Declaration was prepared. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration.
b. The Planning Commission has reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration and, based on the whole record
before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA;
and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that
PLANNING COMMISSION RESOLUTION NO, 12-12
CONDITIONAL USE PERMIT DRC2011-00254 —JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 3
the project will have a significant effect on the environment. The Planning Commission further finds
that the Mitigated Negative Declaration reflects the independent judgment and analysis of the
Planning Commission. Based on these findings, the Planning Commission hereby adopts the
Mitigated Negative Declaration.
C. The Planning Commission has also reviewed and considered the Mitigation
Monitoring Program for the project that has been prepared pursuant to the requirements of Public
Resources Code Section 21081.6 and finds that such program is designed to ensure compliance
with the mitigation measures during project implementation. The Planning Commission therefore
adopts the Mitigation Monitoring Program for the project.
d. The custodian of records for the Initial Study, Mitigated Negative Declaration,
Mitigation Monitoring Program, 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 the conclusions set forth in Paragraphs 1, 2, 3, and 4
above, the Planning 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 granted to operate a 4.42 acre recycling facility located at
13195, 13207, 13231, 13243, and 13253 Whittram Avenue -
APN: 0229-192-09, 06, 04, 03, and 02.
2) Approval also includes the use of a temporary office module for a time
period of 5 years from the date of this approval or 1 year from the date
that the applicant closes escrow on the adjacent parcel of land on
which a portion of the structure is located.
3) Changes in the operating hours (7:30 a.m. to 3:30 p.m. Monday
through Friday and from 8:30 a.m. to 2:30 pm. on Saturdays), the
nature of the business (ferrous metal recycling facility), or overall size
of the facility (4.42 acres) will require Planning Commission approval.
4) All the site improvements outlined in the Conditions of Approval for
Development Review DRC2011-00255 shall be completed within the
time period prescribed in that approval (PC Resolution 12-11) or
revocation procedures will begin as prescribed by the Planning
Director. The start date for completion of the improvements will be
taken from the date of approval of this application by the Planning
Commission.
5) The maximum height of all stored materials shall not exceed 8 feet
within 100 feet of the curb face on Whittram Avenue and the maximum
height of stored material shall not exceed 20 feet on any portion of the
site.
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254 —JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 4
6) The selling of any of the subject parcels will void this approval unless
the change is approved through an amended Conditional Use Permit
by the Planning Commission.
7) Print a copy of this Resolution of Approval on the plans when they are
submitted for Plan Check.
8) The facility shall be maintained at all times, including making necessary
repairs as needed, and keeping the site free from trash and debris. In
no event shall trash and debris remain for more than 24 hours.
9) The applicant shall obtain all the necessary permits from the Building
and Safety Department.
10) Approval of this request shall not waive compliance with any sections
of the Development Code, State Fire Marshal's regulations, Conditions,
Health Department, Uniform Building Code, or any other City
Ordinances.
Fire Conditions:
1) Comply with the Fire Protection Plan when approved.
2) Obtain the necessary operating permits from RCFPD for a recycling
facility and Hot Work Operations.
3) Submit for plan check approval and obtain a Building Permit for the
facility improvements.
Mitigation Measures:
Air Quality
1) All construction equipment shall be maintained in good operating
condition so as to reduce operational emissions. The contractor shall
ensure that all construction equipment is being properly serviced and
maintained as per man ufacturers'specifications. Maintenance records
shall be available at the construction site for City verification.
2) Prior to the issuance of any grading permits,the developer shall submit
construction plans to the City denoting the proposed schedule and
projected equipment use. Construction contractors shall provide
evidence that low emission mobile construction equipment will be
utilized, or that their use was investigated and found to be infeasible for
the project. Contractors shall also conform to any construction
measures imposed by the South Coast Air Quality Management District
(SCAQMD) as well as City Planning Staff.
3) All paints and coatings shall meet or exceed performance standards
noted in SCAQMD Rule 1113. Paints and coatings shall be applied
either by hand or high-volume, low-pressure spray.
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254 —JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 5
4) All asphalt shall meet or exceed performance standards noted in
SCAQMD Rule 1108.
5) All construction equipment shall comply with SCAQMD Rules 402 and
403. Additionally, contractors shall include the following provisions:
• Reestablish ground cover on the construction site through seeding
and watering.
• Pave or apply gravel to any on-site haul roads.
• Phase grading to prevent the susceptibility of large areas to erosion
over extended periods of time.
• Schedule activities to minimize the amounts of exposed excavated
soil during and after the end of work periods.
• Dispose of surplus excavated material in accordance with local
ordinances and use sound engineering practices.
• Sweep streets according to a schedule established by the City if silt
is carried over to adjacent public thoroughfares or occurs as a
result of hauling. Timing may vary depending upon the time of year
of construction.
• Suspend grading operations during high winds (i.e., wind speeds
exceeding 25 mph) in accordance with Rule 403 requirements.
• Maintain a minimum 24-inch freeboard ratio on soils haul trucks or
cover payloads using tarps or other suitable means.
6) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and Regional Water Quality Control Board
[RWQCB]) daily to reduce PM10 emissions, in accordance with
SCAQMD Rule 403.
7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall
be applied to all inactive construction areas that remain inactive for 96
hours or more to reduce PM10 emissions.
8) The construction contractor shall utilize electric or clean alternative fuel
powered equipment where feasible.
9) The construction contractor shall ensure that construction-grading
plans include a statement that work crews will shut off equipment when
not in use.
10) Landscape with native and/or drought-resistant species to reduce
water consumption and to provide passive solar benefits.
11) Post signs requiring that trucks shall not be left idling for prolonged
periods (i.e., in excess of 10 minutes).
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254 —JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 6
Cultural Resources
1) If any prehistoric archaeological resources are encountered before or
during grading, the developer will retain a qualified archaeologist to
monitor construction activities, to take appropriate measures to protect
or preserve them for study. With the assistance of the archaeologist,
the City of Rancho Cucamonga will:
• Enact interim measures to protect undesignated sites from
demolition or significant modification without an opportunity for the
City to establish its archaeological value.
• Consider establishing provisions to require incorporation of
archaeological sites within new developments, using their special
qualities as a theme or focal point.
• Pursue educating the public about the archaeological heritage of
the area.
• Prepare a mitigation plan consistent with Section 21083.2
Archaeological resources of CEQA to eliminate adverse project
effects on significant, important, and unique prehistoric resources,
including but not limited to, avoiding archaeological sites, capping
or covering sites with soil, planning the site as a park or green
space or paying an in-kind mitigation fee.
• Prepare a technical resources management report, documenting
the inventory, evaluation, and proposed mitigation of resources
within the project area. Submit one copy of the completed report
with original illustrations, to the San Bernardino County
Archaeological Information Center for permanent archiving.
2) If any paleontological resource (i.e. plant or animal fossils) are
encountered before or during grading, the developer will retain a
qualified paleontologist to monitor construction activities, to take
appropriate measures to protect or preserve them for study. The
paleontologist shall submit a report of findings that will also provide
specific recommendations regarding further mitigation measures(i.e.,
paleontological monitoring)that may be appropriate. Where mitigation
monitoring is appropriate, the program must include, but not be limited
to, the following measures:
• Assign a paleontological monitor,trained and equipped to allow the
rapid removal of fossils with minimal construction delay, to the site
full-time during the interval of earth-disturbing activities.
• Should fossils be found within an area being cleared or graded,
divert earth-disturbing activities elsewhere until the monitor has
completed salvage. If construction personnel make the discovery,
the grading contractor should immediately divert construction and
notify the monitor of the find.
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254—JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 7
• Prepare, identify, and curate all recovered fossils for documentation
in the summary report and transfer to an appropriate depository
(i.e., San Bernardino County Museum).
• Submit summary report to City of Rancho Cucamonga. Transfer
collected specimens with a copy of the report to San Bernardino
County Museum.
Geology and Soils
1) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and RWQCB)daily to reduce PM10 emissions,
in accordance with SCAQMD Rule 403 or re-planted with drought
resistant landscaping as soon as possible.
2) Frontage public streets shall be swept according to a schedule
established by the City to reduce PM10 emissions associated with
vehicle tracking of soil off-site. Timing may vary depending upon the
time of year of construction.
3) Grading operations shall be suspended when wind speeds exceed
25 mph to minimize PM10 emissions from the site during such
episodes.
4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall
be applied to all inactive construction areas that remain inactive for 96
hours or more to reduce PM10 emissions.
Greenhouse Gas Emissions
1) The project must comply with all rules that assist in reducing short-term
air pollutant emission in compliance with SCAWMD Rule 403 regarding
fugitive dust including treating the site with water or other soil-
stabilizing agent twice daily or replanting disturbed areas as quickly as
possible.
2) The construction contactor shall select construction equipment based
on low-emission factors and high energy efficiency and submit a
statement on the grading plan that ensures all construction equipment
will be tuned and maintained in accordance with the manufacture's
specification.
3) Trucks shall not idle continuously for more than 5 minutes.
4) Alternative fuel powered equipment shall be utilized in lieu of gasoline-
or diesel-powered engines where feasible.
5) Construction should be timed so as not to interfere with peak-hour
traffic.
6) Ridesharing and transit incentives shall be supported and encouraged
for construction crew.
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254 —JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 8
7) Install water efficient landscapes and irrigation systems and devices in
compliance with the City of Rancho Cucamonga Water Efficient
Landscape Ordinance.
8) Design irrigation to control runoff and to remove water to non-
vegetated surfaces.
Hydrology and Water Quality
1) Develop and implement a Storm Water Pollution Prevention Plan
(SWPPP) that would specify Best Management Practices (BMPs) to
prevent construction pollutants from contacting storm water and with
the intent of keeping all products of erosion from moving off-site into
receiving waters.
2) Eliminate or reduce non-storm water discharges to storm sewer
systems and other waters of the nation.
3) Perform inspections of all BMPs.
4) Prior to issuance of grading permits, the permit applicant shall submit
to the Building Official for approval, a Storm Water Pollution Prevention
Plan (SWPPP) specifically identifying Best Management Practices
(BMPs) that shall be used on-site to reduce pollutants during
construction activities entering the storm drain system to the maximum
extent practical.
5) An Erosion Control Plan shall be prepared, included in the Grading
Plan, and implemented for the proposed project that identifies specific
measures to control on-site and off-site erosion from the time ground
disturbing activities are initiated through completion of grading. This
Erosion Control Plan shall include the following measures at a
minimum: a) Specify the timing of grading and construction to minimize
soil exposure to rainy periods experienced in Southern California, and
b)An inspection and maintenance program shall be included to ensure
that any erosion which does occur either on-site or off-site as a result
of this project will be corrected through a remediation or restoration
program within a specified time frame.
6) During construction, temporary berms such as sandbags or gravel
dikes must be used to prevent discharge of debris or sediment from the
site when there is rainfall or other runoff.
7) During construction, to remove pollutants, street cleaning will be
performed prior to storm events and after the use of water trucks to
control dust in order to prevent discharge of debris or sediment from
the site.
8) The developer shall implement the BMPs identified in the Water Quality
Management Plan prepared by Lin Consulting, Inc. (July 11, 2011) to
reduce pollutants after construction entering the storm drain system to
the maximum extent practical.
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254 — JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 9
9) Landscaping plans shall include provisions for controlling and
minimizing the use of fertilizers/pesticides/herbicides. Landscaped
areas shall be monitored and maintained for at least two years to
ensure adequate coverage and stable growth. Plans for these areas,
including monitoring provisions for a minimum of two years, shall be
submitted to the City for review and approval prior to the issuance of
grading permits.
10) Prior to issuance of building permits, the applicant shall submit to the
City Building Official for approval of a Water Quality Management Plan
(WQMP), including a project description and identifying Best
Management Practices (BMPs) that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent
practicable. The WQMP shall identify the structural and non-structural
measures consistent with the Guidelines for New Development and
Redevelopment adopted by the City of Rancho Cucamonga in June
2004.
11) Prior to issuance of grading or paving permits, the applicant shall
obtain a Notice of Intent(NO])to comply with obtaining coverage under
the National Pollutant Discharge Elimination System(NPDES)General
Construction Storm Water Permit from the State Water Resources
Control Board. Evidence that this has been obtained (i.e.,a copy of the
Waste Discharger's Identification Number) shall be submitted to the
City Building Official for coverage under the NPDES General
Construction Permit.
Noise
1) Business operations shall maintain a noise level at 60dB or less during
the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading
activities including opening, closing, or other handling of boxes,crates,
containers, building materials, garbage cans, or other similar objects
between the hours of 10:00 p.m. and 7:00 a.m. in a manner which
would cause a noise disturbance to residential areas.
2) Replace the existing doors and windows of the adjacent single-family
residence with retrofit doors and windows that have a minimum Sound
Transmission Class(STC) rating of 32 or higher to be completed within
120 days of the approval of the project.
3) Construct an 8-foot high block wall along the property line adjacent to
the single-family residence from the minimum street side setback to the
southern end of the existing subterranean loading dock to be
completed within 60 days of the approval of the project.
4) Construction or grading shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday.
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254— JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 10
5) Construction or grading noise levels shall not exceed the standards
specified in Development Code Section 17.02.120-D, as measured at
the property line. Developer shall hire a consultant to perform weekly
noise level monitoring as specified in Development Code Section
17.02.120. Monitoring at other times may be required by the Building
Official. Said consultant shall report their findings to the Building
Official within 24 hours; however, if noise levels exceed the above
standards, then the consultant shall immediately notify the Building
Official. If noise levels exceed the above standards, then construction
activities shall be reduced in intensity to a level of compliance with
above noise standards or halted.
6) The perimeter block wall shall be constructed as early as possible in
first phase to be completed within 60 days of the approval of the
project.
7) Haul truck deliveries shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any
time on Sunday or a national holiday. Additionally, if heavy trucks used
for hauling would exceed 100 daily trips (counting both to and from the
construction site), then the developer shall prepare a noise mitigation
plan denoting any construction traffic haul routes and include
appropriate noise mitigation measures. To the extent feasible,the plan
shall denote haul routes that do not pass sensitive land uses or
residential dwellings.
Public Services
1) The project shall conform to all of the recommendations made in the
Fire Protection Plan (Hughes Associates, Inc, October 2011) including
limits on pile heights (20 feet maximum).
6. The Secretary shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF MARCH 2012.
PLANNING COMMIS I N OF TH TY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairm n
ATTEST: —
Jame V
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 28th day of March 2012, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 12-12
CONDITIONAL USE PERMIT DRC2011-00254 —JAMES LIN FOR ALL STATE RECYCLING
March 28, 2012
Page 11
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
CONDITIONAL USE PERMIT DRC2011-00254 AND DEVELOPMENT DESIGN REVIEW
PROJECT #: DRC2011-00255
SUBJECT: ALL STATE PAPER AND METAL RECYCLING
APPLICANT: JAMES LIN
LOCATION: SOUTH SIDE OF WHITTRAM AVE - APN: 0229-192-09, 06, 04, 03 & 02.
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements Completion Date
1. The applicant shall agree to defend at his sole expense any action brought against the City, its
agents,officers, or employees, because of the issuance of such approval, or in the alternative,to
relinquish such approval. The applicant shall reimburse the City, its agents, officers, or
employees, for any Court costs and attorney's fees which the City, its agents, officers, or
employees may be required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but such participation
shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval No. 12-11 and 12-12,
Standard Conditions, and all environmental mitigations shall be included on the plans(full size).
The sheet(s)are for information only to all parties involved in the construction/grading activities
and are not required to be wet sealed/stamped by a licensed Engineer/Architect.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_
project planner will confirm which fees apply to this project. All checks are to be made payable to
the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to
the Planning Commission or Planning Director hearing:
a) Mitigated Negative Declaration -$ 2,151.50 X
B. Time Limits
1. Conditional Use Permit, and 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.
1
Project No.DRC2011-00255 AND DRC2011-00254
Completion Date
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_
site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and
grading on file in the Planning Department, the conditions contained herein, and the
Development Code regulations.
2. Prior to any use of the project site or business activity being commenced thereon, all Conditions
of Approval shall be completed to the satisfaction of the Planning Director.
3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
4. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved
use has commenced, whichever comes first.
6. Approval of this request shall not waive compliance with all sections of the Development Code,all
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
7. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with
all receptacles shielded from public view.
8. Trash receptacle(s)are required and shall meet City standards. The final design, locations, and
the number of trash receptacles shall be subject to Planning Director review and approval prior to
the issuance of building permits.
9. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be
located out of public view and adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For
single-family residential developments, transformers shall be placed in underground vaults.
10. All parkways, open areas, and landscaping shall be permanently maintained by the property
owner, homeowners'association, or other means acceptable to the City. Proof of this landscape
maintenance shall be submitted for Planning Director and Engineering Services Department
review and approved prior to the issuance of building permits.
D. Parking and Vehicular Access (indicate details on building plans)
1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts
a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet
wide.
2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall
contain a 12-inch walk adjacent to the parking stall (including curb).
3. All parking spaces shall be double striped per City standards and all driveway aisles,entrances,
and exits shall be striped per City standards.
2
Project No.DRC2011-00255 AND DRC2011-00254
Completion Date
E. Landscaping
1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in
the case of residential development, shall be prepared by a licensed landscape architect and
submitted for Planning Director review and approval prior to the issuance of building permits or
prior final map approval in the case of a custom lot subdivision.
2. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking
stalls.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
F. General Requirements
1. Submit five complete sets of plans including the following:
a. Site/Plot Plan;
b. Foundation Plan;
C. Planning Department Project Number(i.e., DRC 2011-00255 and DRC2011-00254)clearly
identified on the outside of all plans.
2. Submit two sets of structural calculations, energy conservation calculations, and a soils report.
Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal.
3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to
the City prior to permit issuance.
4. Separate permits are required for fencing and/or walls.
G. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be
marked with the project file number(i.e., DRC2011-00255 and DRC2011-00254). The applicant
shall comply with the latest adopted California Codes,and all other applicable codes,ordinances,
and regulations in effect at the time of permit application. Contact the Building and Safety
Department for availability of the Code Adoption Ordinance and applicable handouts.
2. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday
through Saturday, with no construction on Sunday or holidays.
3. Construct trash enclosure(s) per City Standard (available at the Planning Department's public
counter).
H. Existing Structures
1. Provide compliance with the California Building Code (CBC) for the property line clearances
considering use, area, and fire-resistiveness of existing buildings.
3
Project No.DRC2011-00255 AND DRC2011-00254
Completion Date
I. Grading
1. Grading of the subject property shall be in accordance with California Building Code, City Grading
Standards, and accepted grading practices. The final grading plan shall be in substantial
conformance with the approved grading plan.
2. A soils report shall be prepared by a qualified engineer licensed by the State of California to
perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the
time of application for grading plan check.
4. The final grading plan, appropriate certifications and compaction reports shall be completed,
submitted, and approved by the Building and Safety Official prior to the issuance of building
permits.
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
J. Street Improvements
1. All public improvements(interior streets,drainage facilities,community trails, paseos, landscaped
areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards.
Interior street improvements shall include, but are not limited to, curb and gutter,AC pavement,
drive approaches, sidewalks, street lights, and street trees.
2. Pursuant to City Council Resolution#88-557, no person shall make connections from a source of
energy, fuel or power to any building or structure which is regulated by technical codes and for
which a permit is required unless, in addition to any and all other codes, regulations and
ordinances, all improvements required by these conditions of development approval have been
completed and accepted by the City Council, except:that in developments containing more than
one building, structure or unit, the development may have energy connections made in equal
proportion to the percentage of completion of all improvements required by these conditions of
development approval, as determined by the City Engineer, provided that reasonable, safe and
maintainable access to the property exists. In no case shall more than 95 percent of the
buildings, structures or units be connected to energy sources prior to completion and acceptance
of all improvements required by these conditions of development approval.
3. Construct the following perimeter street improvements including, but not limited to:
Curb& A.C. Side. Drive Street Street Comm Median Bike
Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other
Whittram Avenue X X X X X X n/a n/a n/a
4. Improvement Plans and Construction:
a. Street improvement plans, including street trees,street lights,and intersection safety lights
on future signal poles, and traffic signal plans shall be prepared by a registered Civil
Engineer and shall be submitted to and approved by the City Engineer. Security shall be
posted and an agreement executed to the satisfaction of the City Engineer and the City
Attorney guaranteeing completion of the public and/or private street improvements, prior to
final map approval or the issuance of building permits, whichever occurs first.
b. Prior to any work being performed in public right-of-way, fees shall be paid and a
construction permit shall be obtained from the Engineering Services Department in
addition to any other permits required.
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Project No.DRC2011-00255 AND DRC2011-00254
Completion Date
C. Pavement striping, marking, traffic signing, street name signing,traffic signal conduit,and
interconnect conduit shall be installed to the satisfaction of the City Engineer.
d. Handicapped access ramps shall be installed on all corners of intersections per City
Standards or as directed by the City Engineer.
e. Existing City roads requiring construction shall remain open to traffic at all times with
adequate detours during construction. Street or lane closure permits are required. A cash
deposit shall be provided to cover the cost of grading and paving,which shall be refunded
upon completion of the construction to the satisfaction of the City Engineer.
5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in
accordance with the City's street tree program.
6. Install street trees per City street tree design guidelines and standards as follows. The completed
legend (box below) and construction notes shall appear on the title page of the street
improvement plans. Street improvement plans shall include a line item within the construction
legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically
sheet 1)." Where public landscape plans are required, tree installation in those areas shall be
per the public landscape improvement plans.
The Engineering Services Department reserves the right to adjust tree species based upon field
conditions and other variables. For additional information, contact the Project Engineer.
Min.
Grow
Street Name Botanical Name Common Name Space Spacing Size Qty.
Whittram Avenue Pistacia chinensis Chinese Pistache 5' 30' OC 15 Gal Fill
in
Construction Notes for Street Trees:
1) All street trees are to be planted in accordance with City standard plans.
2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to
the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil
amendments, as determined by the City inspector.
3) All street trees are subject to inspection and acceptance by the Engineering Services
Department,
4) Street trees are to be planted per public improvement plans only.
K. Public Maintenance Areas
1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting
Districts shall be filed with the Engineering Services Department prior to final map approval or
issuance of building permits whichever occurs first. Formation costs shall be borne by the
developer.
L. Utilities
1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas,
electric power, telephone, and cable TV (all underground) in accordance with the Utility
Standards. Easements shall be provided as required.
2. The developer shall be responsible for the relocation of existing utilities as necessary.
3. Water and sewer plans shall be designed and constructed to meet the requirements of the
Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District, and the
Environmental Health Department of the County of San Bernardino. A letter of compliance from
the CVWD is required prior to final map approval or issuance of permits,whichever occurs first.
Such letter must have been issued by the water district within 90 days prior to final map approval
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Project No.DRC2011-00255 AND DRC2011-00254
Completion Date
in the case of subdivision or prior to the issuance of permits in the case of all other residential
projects.
M. General Requirements and Approvals
1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all
new streetlights for the first six months of operation, prior to final map approval or prior to building
permit issuance if no map is involved.
2. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall
be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if
at least 50% of all wastes generated during construction and demolition are diverted from
landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to
the Engineering Services Department when the first building permit application is submitted to
Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department
within 60 days following the completion of the construction and/or demolition project.
3. Prior to approval of the final map, or prior to improvement agreement approval if no map is
involved, all Tract Maps, Parcel Maps and public improvement plans shall be submitted to the
Engineering Division on a compact disc (CD) in Auto CAD (computer aided design) format. If
public improvement plans are completed after map approval, the CD shall be submitted prior to
issuance of a construction permit for frontage improvements or a building permit, whichever
occurs first.
4. Provide copy of final Water Quality Management Plan with submittal of Grading plans to Building
and Safety. WQMP and Grading plans are subject to review by the Building Official.
6
- City of Rancho Cucamonga
MITIGATED NEGATIVE DECLARATION
The following Mitigated 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.: DRC2011-00255 and DRC2011-00254
Public Review Period Closes: March 28, 2012
Project Name: Project Applicant: James Lin for All State Recycling
Project Location (also see attached map): Located within the Heavy Industrial District of
Subarea 15 at 13195, 13207, 13231, 13243, and 13253 Whittram Avenue APN: 0229-192-09, 06,
04, 03 and 02.
Project Description: A request to operate a 4.42-acre scrap operation and make site
improvements including constructing new screen walls, installing all street improvements and
landscaping, complete on-site paving, add an office module, and add employee eating area and
parking for a project site.
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 Mitigated Negative Declaration based upon the following finding:
The Initial Study identified potentially significant effects but:
(1) Revisions in the project plans or proposals made or agreed to by the applicant before this
proposed Mitigated Negative Declaration was released for public review would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur, and
(2) There is no substantial evidence before the agency that the project, as revised, may have a
significant effect on the environment.
If adopted,the Mitigated 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 Mitigated Negative Declaration during the
review period.
March 28, 2012
Date of Determination Adopted By