HomeMy WebLinkAbout18-43 - Resolution - Approval of Conditional Use Permit Modification to Construct a Self-Service Vacuum Area, Located at 10340 Foothill Boulevard RESOLUTION NO. 18-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT MODIFICATION NO. DRC2018-00387, REQUEST TO
MODIFY PREVIOUSLY APPROVED CONDITIONAL USE PERMIT 84-37
TO ALLOW THE CONSTRUCTION OF A SELF-SERVICE VACUUM
AREA WITH 19 NEW SELF-SERVICE STALLS UNDER AN OVERHEAD
CANOPY OF 4,320 SQUARE FEET IN THE COMMUNITY COMMERCIAL
(CC) DISTRICT, FOOTHILL BOULEVARD OVERLAY DISTRICT, ON THE
NORTH SIDE OF FOOTHILL BOULEVARD APPROXIMATELY 1,000
FEET WEST OF HAVEN AT 10340 FOOTHILL BLVD; AND MAKING
FINDINGS IN SUPPORT THEREOF —APN: 1077-401-48.
A. Recitals.
1. Charles Joseph Associates, on behalf of Deer Creek Car Wash, filed an application
for the issuance of Conditional Use Permit Modification DRC2018-00387, 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 11th day of July 2018, 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 July 11, 2018, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to a 2.46-acre project site located at the northeast corner
of Center Avenue and Foothill Boulevard. The site is developed with multiple buildings relating
to the Deer Creek Car Wash. A car wash building, car detailing building, lube and oil building and
three canopies currently exist on the subject property; and
b. The property to the north of the subject site is in the Industrial Park (IP) District
and is improved with the industrial buildings. To the west is Center Avenue and beyond that is
property in the Mixed Use (MU) District, Foothill Boulevard Overlay District, that is developed with
a restaurant building and a parking lot. The property to the east is in the Flood Control (FC)
District and contains a flood control channel. To the south is Foothill Boulevard and beyond that
is vacant property in the Commercial Office (CO) District, Foothill Boulevard Overlay District; and
PLANNING COMMISSION RESOLUTION NO. 18-43
CONDITIONAL USE PERMIT MODIFICATION DRC2018-00387
CHARLES JOSEPH ASSOCIATES FOR DEER CREEK CAR WASH
July 11, 2018
Page 2
c. The application proposes to install 19 self-service vacuum stations and an
equipment enclosure under an overhead canopy of 4,320 square feet; and
d. The project site is located in the Community Commercial (CC) District, Foothill
Boulevard Overlay District, and has been designed to comply with the all applicable design
standards; and
e. The project site provides 43 parking spaces and the project will retain the existing
driveway at the northwest corner of the site; and
f. Automated carwash land uses are a permitted land use in the Community
Commercial (CC) District, Foothill Boulevard Overlay District, subject to the approval of a
Conditional Use Permit; and
g. On June 20, 2018, the City Council adopted Urgency Interim Ordinance No. 932
establishing a moratorium on the establishment or expansion of carwashes within the
City. Project applications that had paid application fees prior to the adoption of the Urgency
Ordinance were exempted from the exclusions of the moratorium. The moratorium is not
applicable to the proposed project as all application fees were paid prior to the moratorium
effective date.
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. That the proposed use is allowed within the applicable zoning district and
complies with all other applicable provisions of this zoning code, Municipal Code, General Plan,
and any applicable specific plans or City regulations/standards. Within the proposed Community
Commercial (CC) District, Foothill Boulevard Overlay District, carwashes are a permitted land
use, subject to the approval of a Conditional Use Permit. The existing car wash and proposed
self-service vacuum stations are designed to be compatible with all applicable development
standards of the Development Code; and
b. That the site is physically suited for the type, density, and intensity of the
proposed use including access, utilities, and the absence of physical constraints and can be
conditioned to meet all related performance criteria and development standards. The project site
is currently developed as a car wash land use and remains suitable for a car wash land use and
the car wash's associated uses, provides appropriate site access, provides all utility services
available, and meets all related performance criteria and development standards for a carwash
facility; and
c. That granting the permit would not be detrimental to the public interest, health,
safety, convenience, or welfare, or materially injurious to persons, property, or improvements in
the vicinity in which the project is located. The expansion of the carwash facility will not be
detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to
persons, property, or improvements in the vicinity in which the project is located. The project was
designed to meet all applicable Development Code standards, performance criteria, and can be
conditioned appropriately to minimize any potential impacts to adjacent properties.
PLANNING COMMISSION RESOLUTION NO. 18-43
CONDITIONAL USE PERMIT MODIFICATION DRC2018-00387
CHARLES JOSEPH ASSOCIATES FOR DEER CREEK CAR WASH
July 11, 2018
Page 3
4. The Planning Department has determined that the project is categorically exempt from
the requirements of the California Environmental Quality Act (CEQA) under Class 3, (CEQA
Guidelines Section 15303) — New Construction or Conversion of Small Structures. The project
includes new construction of a canopy structure, vacuum stations and equipment enclosure and
will not create any negative impacts on the environment. Furthermore, the applicant has provided
a noise study which determined that any noise generated from the new equipment and self-serve
vacuum stations would not exceed maximum performance standards for noise as described in
the Development Code.
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 approval of Conditional Use Permit Modification DRC2018-
00387 is contingent upon Planning Commission approval of Site
Development Review DRC2018-00260.
2) All conditions of approval as contained in Planning Commission
Resolution No. 85-04 for Conditional Use Permit 84-37 shall apply.
3) All conditions of approval as contained in Planning Commission
Resolution No. 97-41 for Conditional Use Permit 97-15 shall apply.
4) Vacuum turbines shall be located within an enclosed building
structure. The exterior walls should present a solid face and be free
of openings facing west towards adjacent residential uses.
5) The door to the vacuum turbine enclosure should be solid wood core
or metal with adequate weather stripping and seal to prevent leakage
when door is closed and remain closed at all times when not in use.
6) Vending machines will be located within a recessed alcove on the
exterior of the vacuum turbine enclosure to prevent noise leakage
from inside the structure.
7) The project shall incorporate best available noise reducing
technology such as mufflers, shrouds, acoustic baffles, acoustic
silencers and/or variable frequency drives for vacuum turbines. In
addition, the vacuum system must incorporate tight seals/fittings for
crevice tools and claws, per the manufacturer's design.
8) Project operations must occur within the allowable daytime hours of
7:00 AM to 10:00 PM to comply with Rancho Cucamonga Noise
Ordinance.
PLANNING COMMISSION RESOLUTION NO. 18-43
CONDITIONAL USE PERMIT MODIFICATION DRC2018-00387
CHARLES JOSEPH ASSOCIATES FOR DEER CREEK CAR WASH
July 11, 2018
Page 4
4. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF JULY 2018.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Francisco Oaxaca, airman
ATTEST:
Candyce Burne , Secretar
I, Candyce Burnett, 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 11th day of July 2018, by the following vote-to-wit:
AYES: COMMISSIONERS: GUGLIELMO, MACIAS, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
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Project#: DRC2018-00387
Project Name: EDR- Deer Creek Car Wash Modify CUP
Location: 8047 CENTER AVE - 107740148-0000
Project Type: Conditional Use Permit Modification
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. The canopy posts and equipment enclosure shall be finished with stucco to match the existing car
wash building. A green stripe matching the existing buildings onsite shall be painted onto the canopy
edge as well as the equipment enclosure.
Standard Conditions of Approval
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. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of
Approval, 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.
4. The applicant shall be required to pay California Department of Fish and Wildlife Notice of
Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the
Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or
within 5 days of the date of project approval.
5. Any approval shall expire if Building Permits are not issued or approved use has not commenced
within 5 years from the date of approval or a time extension has been granted.
6. Approval of this request shall not waive compliance with all sections of the Development Code, all
other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in
effect at the time of Building Permit issuance.
7. 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, the Development Code
regulations, and the Foothill Boulevard Specific Plan.
8. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by
the Planning Director and Police Department (909-477-2800) prior to the issuance of Building
Permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as
not to adversely affect adjacent properties.
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Printed:6/28/2018
Project#: DRC2018-00387
Project Name: EDR - Deer Creek Car Wash Modify CUP
Location: 8047 CENTER AVE - 107740148-0000
Project Type: Conditional Use Permit Modification
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Standard Conditions of Approval
9. Occupancy of the facilities shall not commence until such time as all California 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 Services
Department to show compliance. The buildings shall be inspected for compliance and final
acceptance granted prior to occupancy.
10. 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.
Building and Safety Services Department
Please be advised of the following Special Conditions
1. When the Entitlement Review is approved submit complete construction drawings including
structural calculations to Building and Safety for plan review in accordance with the current edition
of the CA Building and Fire Codes including all local ordinances and standards which are effective
at the time of Plan Check Submittal. Disabled access improvements to the site and building must be
provided in accordance to the State of CA published thresholds at the time of plan check submittal.
Grading Section
Standard Conditions of Approval
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Printed:6/28/2018 Page 2 of 5
Project#: DRC2018-00387
Project Name: EDR - Deer Creek Car Wash Modify CUP
Location: 8047 CENTER AVE - 107740148-0000
Project Type: Conditional Use Permit Modification
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
1. This application for storm water quality management plan purposes may be considered a
non-priority project. Therefore, prior to issuance of any building permit or Engineering Services
Department issued right of way permit the land owner with the applicant shall file a Non-Priority
Water Quality Management Plan (WQMP) with the Building and Safety Department. The applicant
may contact Matthew Addington, Associate Engineer, at (909) 477-2710, extension 4202.
This project is required to prepare a non-priority WQMP project as the following requirement has
been met:
i) For areas less than 2,000 square feet of impervious area, the development will be considered a
non-priority project and a WQMP document is not required, unless the project is for the outdoor
storage of hazardous materials or other materials which may require a pre-treatment of the storm
water runoff which will require that a non-priority WQMP document is prepared, including but not
limited to, vehicle fueling operations;
ii) For significant re-development projects proposing impervious areas of 2,000 square feet to
4,999 square feet and new development projects proposing impervious areas of 2,000 square feet
to 9,999 square feet the following criteria will require a non-priority WQMP document to be
prepared:
a. For all new and significant redevelopment projects;
b. If the project is part of a common area of development, a non-priority WQMP document shall be
prepared;
c. If the proposed development is a commercial project the City will determine if activities may
impact the water quality, and if impacts are determined to affect the water quality a non-priority
WQMP document will be prepared;
d. All industrial projects will require a non-priority WQMP document to be prepared.
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Printed:6/28/2018 Page 3 of 5
Project#: DRC2018-00387
Project Name: EDR - Deer Creek Car Wash Modify CUP
Location: 8047 CENTER AVE - 107740148-0000
Project Type: Conditional Use Permit Modification
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
2. NONRESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS
CODE — Prior to the issuance of any building permit the applicant shall comply with Section 5.106.1
(Storm water pollution prevention) of the current adopted California Green Building Standards Code:
Newly construction projects and additions which disturb less than one acre of land shall prevent the
pollution of stormwater runoff from the construction activities through one or more of the following
measures:
5.106.1.1 Local Ordinance — Comply with a lawfully enacted stormwater management and/or
erosion control ordinance.
5.106.1.2 Best Management Practices (BMP) — Prevent the loss of soil through wind or water
erosion by implementing an effective combination of erosion and sediment control and good
housekeeping BMP.
1. Soil loss BMP that should be considered for implementation as appropriate for each project
include, but are not limited to, the following:
a. Scheduling construction activity.
b. Preservation of natural features, vegetation and soil.
c. Drainage swales or lined ditches to control stormwater flow.
d. Mulching or hydroseeding to stabilize disturbed soils.
e. Erosion control to protect slopes.
f. Protection of storm drain inlets (gravel bags or catch basin inserts).
g. Perimeter sediment control (perimeter silt fence, fiber rolls).
h. Sediment trap or sediment basin to retain sediment on site.
i. Stabilized construction exits.
j. Wind erosion control.
k. Other soil loss BMP acceptable to the enforcing agency.
2. Good housekeeping BMP to manage construction equipment, materials and wastes that should
be considered for implementation as appropriate for each project include, but are not limited to, the
following:
a. Material handling and waste management.
b. Building materials stockpile management.
c. Management of washout areas (concrete, paints, stucco, etc.).
d. Control of vehicle/equipment fueling to contractors staging area.
e. Vehicle and equipment cleaning performed off site.
f. Spill prevention and control.
g. Other housekeeping BMP acceptable to the enforcing agency (City of Rancho Cucamonga).
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Printed:6/28/2018
Page 4 of 5
Project#: DRC2018-00387
Project Name: EDR - Deer Creek Car Wash Modify CUP
Location: 8047 CENTER AVE - 107740148-0000
Project Type: Conditional Use Permit Modification
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Grading Section
Standard Conditions of Approval
3. NONRESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS
CODE — Prior to the issuance of any building permit the applicant shall comply with Section
5.106.10 (Grading and paving) of the current adopted California Green Building Standards Code:
Construction plans shall indicate how site grading or a drainage system will manage all surface
water flows to keep water from entering buildings. Examples of methods to manage surface water
include, but are not limited to, the following:
1. Swales.
2. Water collection and disposal systems.
3. French drains.
4. Water retention gardens.
5. Other water measures which keep surface water away from buildings and aid in groundwater
recharge.
Exception: Additions and alterations not altering the drainage path.
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