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HomeMy WebLinkAbout99-114 - Resolutions RESOLUTION NO. 99-114 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 99-42 FOR THE INSTALLATION OF A BALING PRESS ON AN EXISTING 2.49-ACRE RECYCLING FACILITY SITE WITHIN SUBAREA 5 OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED AT 9910 EAST 6TH STREET AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-211-43. A. Recitals. 1. Tomra Pacific, Inc. has filed an application for the issuance of Conditional Use Permit No. 99-42, 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 10th day of November 1999, 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 November 10, 1999, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at 9910 East 6th Street with a street frontage of 271.22 feet and lot depth of 400 feet and which is presently improved with a recycling facility; and b. The properties to the north and west of the subject site are vacant land zoned General Industrial in Subarea 5 of the Industrial Area Specific Plan, and the properties to the south and east of the subject site are industrial complexes zoned General Industrial in Subarea 5 of the Industrial Area Specific Plan; and c. The proposed project is a request to install a baling press within an existing recycling facility on 2.49 acres of land in Subarea 5 of the Industrial Area Specific Plan, located at 9910 East 6th Street. 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: PLANNING COMMISSION RESOLUTION NO. 99-114 CUP 99-42 —TOMRA PACIFIC, INC. November 10, 1999 Page 2 a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the Industrial Area Specific Plan in which the site is located. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code and the Industrial Area Specific Plan. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Negative Declaration with regard to the application. b. That, based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the Califomia Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) The applicant shall screen all exterior cable(s) and/or ducting extending from the baling press. Screening shall be architecturally integrated with building color and design. 2) If the 1-inch pipe railing extending above the screen walls is visible from public view, the applicant shall paint the railing to match existing building color. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 99-114 CUP 99-42 —TOMRA PACIFIC, INC. November 10, 1999 Page 3 APPROVED AND ADOPTED THIS 10TH DAY OF NOVEMBER 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: II . _ Larry' McNiel, Chairman ATTEST: 40k� -1Iler, ecre ry •I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10th day of November 1999, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS ,for/r� .. s. COMMUNITY DEVELOPMENT 40 wY DEPARTMENT STANDARD CONDITIONS PROJECT#: Conditional Use Permit 99-42 SUBJECT: Baling Press Installation APPLICANT: Tomra Pacific, Inc. -c/o Charles Joseph Associates LOCATION: 9910 East 6th Street ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION,(909)477-2750,FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/_/_ building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans,architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Industrial Area Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the City Planner. sc.ea5re9 1 • Project No. CUP 99-42 Completion Date 3. 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. 4. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be /_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls,berming,and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: D. General Requirements 1. Submit four complete sets of plans including the following: _/ /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets,detached)including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans,including isometrics,underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number(i.e.,TT#,CUP#, DR#,etc.)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/ /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. / /_ 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage / /_ to the City prior to permit issuance. E. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be / /_ marked with the project file number(i.e., CUP 98-01). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or addition / /_ to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, sc arzsg9 2 • Project No. CUP 99-42 • Completion Date School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. - 3. 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. F. New Structures 1. Provide compliance with the Uniform Building Code for required occupancy separation(s). / /_ 2. Upon tenant improvement plan check submittal, additional requirements may be needed. / /_ APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT,(909)477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. General Fire Protection Conditions 1. Roadways within project shall comply with the Fire District's fire lane standards, as noted: / /_ X All roadways per Rancho Cucamonga Fire Protection District Ordinance 32. / /_ 2. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire /_/_ Safety Division for specific details and ordering information. 3. Fire District fee(s), plus a$1 per"plan page"microfilm fee will be due to the Rancho Cucamonga /_/_ Fire Protection District as follows: X $132 for CUP. sc-8/25/99 3