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HomeMy WebLinkAbout15-11 - Resolutions RESOLUTION NO. 15-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2014-00567, A REQUEST TO AMEND THE DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF BUILDINGS IN EXCESS OF 50,000 SQUARE FEET ON SELECT PARCELS LOCATED WITHIN THE INDUSTRIAL PARK (IP) DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Turner Real Estate Investments filed an application for the approval of Development Code Amendment DRC2014-00567 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment request is referred to as "the application." 2. On the 28th day of January 2015, 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 January 28, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the Industrial Park (IP) Districts. The Industrial Park (IP) Districts are generally located between Foothill Boulevard, Rochester Avenue/Interstate 15, Hermosa Avenue, and 4th Street; and b. Logistics buildings in excess of 50,000 square feet and logistics activities within a building in excess of 50,000 square feet are classified as "Wholesale, Storage, and Distribution — Medium"; and C. The Development Code currently does not permit "Wholesale, Storage, and Distribution — Medium" in the Industrial Park (IP) Districts. Although the Code permits "Wholesale, Storage, and Distribution — Light" in the Industrial Park (IP) District; such activity is limited to buildings of less than 50,000 square feet in floor area; and d. In order to maximize the development opportunity of the project site, the applicant has submitted a Development Code Amendment to allow "Wholesale, Storage, and Distribution — Medium". If approved, it would permit the construction and operation of logistics buildings with a floor area greater than 50,000 square feet in the Industrial Park (IP) District; PLANNING COMMISSION RESOLUTION NO. 15-11 DEVELOPMENT CODE AMENDMENT DRC2014-00567 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 2 e. The section of the Code that will be amended is Table 17.30.030-1 and will read as shown in Exhibit O of the Staff Report and in the attached exhibit; and f. The amendment will not change any of the technical standards (floor area ratio, building setbacks, parking requirements, landscape coverage, etc.), design standards (architecture, site design, etc.), allowable land uses (except logistics), and/or performance standards (noise, odors, hazardous materials, etc.) that currently apply within the Industrial Park (IP) District; and g. The performance standards that apply to the Industrial Park (IP) District are the most restrictive of the performance standards that apply to the industrial district and h. The proposed amendment will apply to all parcels within the Industrial Park (IP) District except the parcels within the Haven Avenue Overlay District and parcels within, or partly within, 500 feet of the Foothill Boulevard right-of-way; and i. This request is in response to a proposed industrial building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres) in the Industrial Park (IP) District located at 10220 4th Street about 1,600 feet west of Haven Avenue -APN: 0210-0371-02; and j. Development Code Amendment DRC2014-00567 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. 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 Development Code Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area; and b. The proposed Development Code Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. The proposed Development Code Amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated 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 the City Council adopt a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQK) 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, 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, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. PLANNING COMMISSION RESOLUTION NO. 15-11 DEVELOPMENT CODE AMENDMENT DRC2014-00567 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 3 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 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 recommends the City Council adopt 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 recommends the City Council adopt 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 recommendation 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, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment DRC2014-00626 as shown in Attachment A and the attached Standard Conditions and incorporated herein. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: /� A avenel Wimberly, Chairman ATTEST: Oz, Candy urnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 January 2015, by the following vote-to-wit: PLANNING COMMISSION RESOLUTION NO. 15-11 DEVELOPMENT CODE AMENDMENT DRC2014-00567 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 4 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE Article III, Chapter 17.30 Rancho Cucamonga Development Code Land Use/Zoning JJ g 2 x x D LL 0 0 0 U O a = U) a: U U District > J 2 M O Z (7 U N Q. U — � � x O x LL M Recycling Facility, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap and N N N N N N N N N N N N N N N N N C N N N N Dismantling Facility Research and N N N N N N N N N N N N N N P P N N N N N N Development Storage, Personal N N N N N N N N N N N N N N N C C C N N N N Storage Facility Storage Warehouse N N N N N N N N N C N N N N N C C C N N N N Storage Yard N N N N N N N N N N N N N N N C P P N N N N Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N N C P P N N N N Heavy Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N P P P P N N N N Light Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N id P P P N N N N Medium*(12) Table Notes: Delete "(9)" and add "(12)" (1) See additional regulations for second dwelling units in Chapter 17.100. Change to ,.P„ (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit (6) See additional regulations for adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (11) Family Day Care Home–Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit. Add Table Note #12 here (see below) Section 17.30.040 Other Allowed Use Provisions In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), additional allowed use provisions are described in the following articles and chapters of this Title. A. Specific Use Requirements. Article V(Specific Use Requirements) identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in Article V are intended to supplement the allowed use FT 2) "Warehouse, Storage, and Distribution - Medium" is not permitted on any parcel that is located within, or partly within, 500 feet of the Foothill Boulevard right-of-way. 17.30-10 ATTACHMENT A Conditions of Approval RANCHOCUCAMONGA Community Development Department Project#: DRC2014-00567 CEQA2014-00025 Project Name: 116K SF IND BLDG N N/S 4TH, W/O HAVEN Location: 10220 4TH ST - 021037102-0000 Project Type: Development Code Amendment CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT., A. Planning Department 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. w .CityotRC.us Printed:1/15/2015 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.: Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Public Review Period Closes: January 28, 2015 Project Name: Project Applicant: Turner Real Estate Investments Jason Korengold Project Location (also see attached map): Located within the Industrial Park (IP) District at 10220 4th Street about 1,600 feet west of Haven Avenue - APN: 0210-371-02. Project Description: A review of a proposal to amend the Development Code to allow buildings with floor areas in excess of 50,000 square feet to be constructed and operated for the purpose of logistics (warehouse/storage/distribution) on parcels that are within the Industrial Park (IP) District, and review of a proposal to construct an industrial logistics building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres) within the Industrial Park (IP) District. Related file: DRC2014-00845. 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 Reportwill 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 ated Negative Declaration during the review period. January 28, 2015 Date of Determination Adop d By _