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HomeMy WebLinkAbout2022-08-24 - Agenda Packet HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA August 24, 2022 7:00 p.m. A. Call to Order and Pledge of Allegiance Roll Call: Chair Dopp Vice Chair Williams Commissioner Morales Commissioner Boling Commissioner Daniels B. Public Communications This is the time and place for the general public to address the Planning/Historic Preservation Commission (“Planning Commission”) on any Consent Calendar item or any item not listed on the agenda that is within the Commission’s subject matter jurisdiction. The Planning Commission may not discuss any issue not included on the agenda but may set the matter for discussion during a subsequent meeting. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of July 27th, 2022. (No meeting on August 10th, 2022.) D. Public Hearings D1. CONDITIONAL USE PERMIT MODIFICATION DRC2021-00402—STOR'EM SELF STORAGE - A request to modify an existing Conditional Use Permit to allow non-vehicle, personal storage at an existing 123,577 square foot recreational vehicle storage facility located within the Neo-Industrial (NI) District at 8530 Hellman Avenue; APN—0209-012-07. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301—Existing Facilities. HPC/PC Agenda – August 24, 2022 Page 2 of 3 If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. E. General Business E1. Consideration of a request by the Etiwanda Historical Society for the one-time set of fee waivers to facilitate repair and maintenance at the Chaffey-Garcia House and Chaffey-Isle House located at 7150 Etiwanda Avenue and 7086 Etiwanda Avenue; APNs: 1089-593-01 and 1089-592-79. This action does not qualify as a “project” as defined in Section 21065 and described in Section 15378 of the California Environmental Quality Act (CEQA) and the CEQA Guidelines. F. Director Announcements G. Commission Announcements H. Adjournment TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium. State your name for the record and speak into the microphone. After speaking, please complete a speaker card located on the podium. It is important to list your name, address (optional) and the agenda item letter your comments refer to. Comments will be limited to 5 minutes per individual. If a large number of individuals wish to speak on an item, the Chair may limit the time to 3 minutes in order to provide an opportunity for more people to be heard. Speakers will be alerted when their time is up, and no further comments will be permitted. If you wish to speak concerning an item not on the agenda, you may do so under “Public Communications.” Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. As an alternative to participating in the meeting, you may submit comments in writing to Elizabeth.Thornhill@cityofrc.us by 12:00 p.m. on the date of the meeting. Written comments will be distributed to the Commissioners and included in the record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. HPC/PC Agenda – August 24, 2022 Page 3 of 3 AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are available at www.CityofRC.us. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission’s decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk’s Office and must be accompanied by a fee of $3,365 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cell phones while meeting is in session. Copies of the Planning Commission agendas, staff reports, and minutes can be found at www.CityofRC.us. I, Elizabeth Thornhill, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Thursday, August 18, 2022, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Historic Preservation Commission and Planning Commission Agenda July 27, 2022 MINUTES Rancho Cucamonga, CA 91729 7:00 p.m. The regular meeting of the Historic Presentation Commission and Planning Commission was held on July 27, 2022. The meeting was called to order by Chair Dopp 7:00 p.m. A. Roll Call Planning Commission present: Chair Dopp, Commissioner Morales, Commissioner Boling and Commissioner Daniels; Commissioner Williams. Staff Present: Serita Young, Assistant City Attorney; Mathew R. Burris, Deputy City Manager, Community Development, Interim Planning Director; Jennifer Nakamura, Deputy Director of Planning; Mena Abdul-Ahad, Assistant Planner; Sean McPherson, Senior Planner; Brian Sandona, Sr. Civil Engineer; Bond Mendez, Assistant Planner; Elizabeth Thornhill, Executive Assistant. B. Public Communications Chair Dopp opened public communications and hearing no one, closed public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of June 22, 2022. Motion to adopt by Commissioner Boling, second by Vice Chair Williams. Motion carried 5-0 vote. D. Public Hearings D1. Variance – Amphastar Pharmaceuticals, Inc. - A request to install an 8-foot-high wrought iron fence within the required building setback, along the south property line, within the Neo- Industrial (NI) District; APN: 0229-261-12. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301 -- Existing Facilities. DRC2022-00133. Mena Abdul-Ahad, Assistant Planner, presented Commissioners with a Staff Report and presentation (copy on file). Noted that there was a minor typographical error on the resolution. The revised resolution is on the dais. Luis Alvidrez, Applicant, was present and available for questions. Chair Dopp opened Public Hearing and seeing no one, closed Public Hearing. Commissioner Boling mentioned that the revised resolution provided is not a red-lined version and asked to walk through what the changes where and requested a verbal confirmation if it was just due to a minor typographical error. HPC/PC MINUTES – July 27, 2022 Page 2 of 5 Draft Mena Abdul-Ahad responded for the record, it was due to a minor typographical error. Chair Dopp stated this was not originally owned by Amphastar and asked is that why we are adding the fencing to the property. Mena Abdul-Ahad answered correct. Commissioner Daniels expressed his concern that there is nothing to differentiate this property from other properties in the area other than its developed already and has constraints relating to that development on what they want to do. He asked Serita Young, Assistant City Attorney, for clarification relating to the justifications for approving this type of waiver. Serita Young stated staff has provided sufficient facts within the staff report and resolution to support special circumstances particular to this property. She added, it does not have to be physical characteristics of a property to approve a variance. Commissioner Daniels concluded saying for staff that in his experience there have been situations that Cities/Communities will allow a fence in setback area if it is 90% of property. He said typically, it will allow 6ft. and even allow up to 9ft. with approval of Director under special circumstances. He would like to encourage staff perhaps something that could be looked at. Matthew Burris replied that it will be taken into consideration. It’s a great suggestion. He said absolutely bring that into process. Commissioner Morales stated he understands Daniels concerns. He said the findings were there for the variance and is good with it. Chair Dopp asked is fencing something we are trying to get away from in industrial areas to create a more openness environment. Jennifer Nakamura replied there are a lot of competing interests when it comes to chain link fences, those types of uses. So, yes in some cases, no in others. With no other comments from Commissioners, Chair Dopp asked for a motion. Motion by Commissioner Boking; Second motion by Vice Chair Williams. Motion carried unanimously, 5-0 vote. Adoption of Resolution 22-21. D2. Consideration of a Municipal Code Amendment to Establish an Agricultural Overlay. This project is exempt from environmental review pursuant to Section 15060 of the CEQA guidelines. This item will be forwarded to City Council for final action. Sean McPherson, Senior Planner, presented Commissioners with a Staff Report and presentation (copy on file). Followed by a brief presentation by the applicant. Chair Dopp opened Public Hearing and seeing no one, closed Public Hearing. Commissioner Morales asked if Etiwanda Heights development area would qualify under this if applicant requested. HPC/PC MINUTES – July 27, 2022 Page 3 of 5 Draft Sean McPherson replied there were not many historical associated agricultural uses within the area. Commissioner Daniels asked who will make that determination that this is a legacy project and how many are there in the community. Sean McPherson answered as to the number, not sure. He said it is flexible enough to allow that conversation to occur. Chair Dopp mentioned this is something that’s an issue by the property owner. The City is not forcing it on anybody. Sean McPherson answered no. Chair Dopp mentioned there are not a lot of specific regulations. He asked is it coming forward in the future. Sean McPherson answered the circumstance would be a recommending body to the City Council at which point the City Council would render a final decision. Jennifer Nakamura added this is considered a zone change application. All of those processes and procedures are outlined in the development code. With no other comments from Commissioners, Chair Dopp asked for a motion. Motion by Commissioner Vice Chair Williams; Second motion by Commissioner Daniels. Motion carried unanimously, 5-0 vote. Adopt Resolution 22- 22, with recommendation to City Council. D3. Consideration of a Municipal Code Amendment permitting Electric Vehicle Sales and Service as a by-right use in the Mixed Employment 2 (ME2), Corridor 1 (CO1), Corridor 2 (CO2) and Center 2 (CE2) zones and amending the land use definitions for Electric Vehicle Sales. This project is exempt from environmental review pursuant to Section 15161(b)(3) of the CEQA Guidelines. This item will be forwarded to City Council for final action. Jennifer Nakamura, Deputy Director of Planning, presented Commissioners with a Staff Report and presentation (copy on file). Chair Dopp opened Public Hearing and seeing none, closed Public Hearing. Commissioner Boling mentioned that in the title of the Staff Report under Recommendation and only in the title of the Resolution the term “Service”. He said if service is going to be allowed, he suggests staff consider including it in the definition for clarity. Jennifer Nakamura stated staff will make that adjustment under Commissioner’s recommendation. All Commissioners concurred. With no other comments from Commissioners, Chair Dopp asked for a motion. Motion by Commissioner Boling; Second motion by Commissioner Daniels. Motion carried unanimously, 5-0 vote. Adoption of Resolution 22-24, to recommend to City Council to adopt an ordinance to permit these uses and make the minor modification that it’s electric vehicles only. HPC/PC MINUTES – July 27, 2022 Page 4 of 5 Draft E. General Business E1. Findings of General Plan Conformity for Disposition of up to 9.66 Acres of Real Property for the Potential Development of a High-Speed Rail Station Located at 11175 Azusa Court. APNs: 0209-272-11 and 0209-272-22. Jennifer Nakamura, Deputy Director of Planning, presented Commissioners with a Staff Report and presentation (copy on file). Noted: Location is not at 11175 Azusa Ct. She said this is an unaddressed parcel. The parcel numbers on record are correct. Commissioner Boling requested clarification on size of property is 9.56 and not 9.66 acres, as it states on subject line of Staff Report. In other places, as well as the Resolution, it is 9.56, just so we are on the same page. Jennifer Nakamura replied correct. It is 9.56. Commissioner Morales mentioned if somebody wanted to buy that, would there be some kind of crawl back if they end up not developing it as we thought they would. Concerned to protect our rights to the property if something fell through. Jennifer Nakamura replied that it would be important in any property negotiation the City take the greatest care possible to protect our rights should something not happen. We certainly want to make sure we protect our rights in the event this does not materialize. Chair Dopp stated since it is still being negotiated and it’s his understanding surface the entire site or part of it. Matthew Burris answered right now it’s most likely to be part of the site. Chair Dopp stated it’s his understanding we are still expecting some sort of specific plan in the future regarding this site. He asked will it impact it in any way. Matthew Burris replied that we did have a consultant work with us to update the specific plan. The idea was to expand the resorts specific plan to include this area. Ultimately, we concluded it was more efficient to take their findings and recommendations. No members of the public spoke on this item. With no other comments from Commissioners, Chair Dopp asked for a motion. Motion by Commissioner Daniels; Second motion by Commissioner Morales. Motion carried unanimously, 5-0 vote. Adoption of Resolution 22-23, with the amendment of removing the incorrect address with the correct address and recommend to City Council to adopt an ordinance to permit these uses and make the minor modification that it’s electric vehicles only. F. Director Announcements - None G. Commission Announcements - None H. Adjournment HPC/PC MINUTES – July 27, 2022 Page 5 of 5 Draft Motion by Commissioner Vice Chair Williams, second by Commissioner Morales to adjourn the meeting. Hearing no objections, Chair Dopp adjourned the meeting at 7:45p.m. Respectfully submitted, ________________________ Elizabeth Thornhill Executive Assistant, Planning Department Approved: 1 DATE: August 24, 2022 TO: Chairman and Members of the Planning Commission FROM: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director INITIATED BY: Mena Abdul-Ahad, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT MODIFICATION DRC2021-00402— STOR'EM SELF STORAGE - A request to modify an existing Conditional Use Permit to allow non-vehicle, personal storage at an existing 123,577 square foot recreational vehicle storage facility located within the Neo- Industrial (NI) Zone at 8530 Hellman Avenue; APN—0209-012-07. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301—Existing Facilities. RECOMMENDATION: Staff recommends the Planning Commission take the following action: • Approve Conditional Use Permit Modification DRC2021-00402 through the adoption of the attached Resolution of Approval with Conditions. EXECUTIVE SUMMARY: The applicant is requesting to expand the range of storage uses permitted under existing Conditional Use Permit (DRC2005-00704) which would allow the inclusion of personal storage in addition to recreational vehicle storage at an existing storage facility, Stor’em Self Storage. This request requires the review and approval of the Planning Commission pursuant to the Rancho Cucamonga Development Code Section 17.20 which states that any request for modification of an entitlement be review by the original decision-making body. In this case, the decision-making body for the original entitlement was the Planning Commission, hence the subject modification requires Planning Commission review. BACKGROUND AND SITE CHARACTERISTICS: The project site is located at 8530 Hellman Avenue, within the Neo-Industrial (NI) Zone and it’s located within the Neo-Industrial Employment District. The site is developed with an existing recreational vehicle (RV) storage facility (Stor’em Self Storage). An existing Conditional Use Permit (DRC2005-00704) was approved by the Planning Commission on March 22, 2006 (Exhibit 2) for the storage of RV’s. Stor’em Self Storage is comprised of six (6) buildings totaling a cumulative 123,577 square feet. Five of the buildings are dedicated to RV storage and the remaining is dedicated for office use and a care taker’s residence. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: 2 PROJECT ANALYSIS: A. Conditional Use Permit DRC2005-00704: The existing Conditional Use Permit, approved by the Planning Commission on March 22, 2005, permitted the construction and operation of a 123,577 square foot RV storage facility. The approved hours of operation are Monday to Sunday from 6:00 am to 7:00 pm. B. Conditional Use Permit Modification DRC2021-00402: The applicant is requesting to add personal storage to all existing units on site. The existing units are designed to store RV’s and are also designed for general storage. No interior or exterior modifications are being proposed, nor changes to the approved hours of operations. If approved, the types of materials that would be allowed to be stored would be as follows: RV’s, personal items, and equipment. No storage of hazardous materials would be allowed. The tenants (lessees) of the units will not be allowed to store anything outside their storage unit pod except when they load and unload their items into the units. As there will be no physical expansion of the facility practical changes to the use and purpose of the facility, no additional parking is required nor is an analysis of the existing parking necessary. C. Findings: Development Code Section 17.20.060(E): Certain findings shall be made in the affirmative by the Planning Commission in order to grant a Conditional Use Permit or a modification to a Conditional Use Permit. Accordingly, staff has provided findings of fact in the attached Resolution of Approval which establishes that the proposed modification is consistent with existing business operations such that the addition of personal storage does not negate any of the findings established with the original entitlement. The addition of non-vehicular, personal storage to the services provided to customers by the applicant will not require any physical modifications to, for example, the storage units, internal drive aisles, or regular/emergency access for the site. Modifications to the existing on-site office and/or the caretaker’s residence are not necessary/proposed and daily operational characteristics will remain the same. Further all existing conditions of approval, along with any new conditions imposed as part of this request for modification, will ensure an appropriate and safe operation of the use. CEQA DETERMINATION: The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301—Existing Facilities. The proposed Conditional Use Permit Modification will permit the use of personal storage in addition to RV storage. CORRESPONDENCE: This item was advertised as a public hearing with a regular page legal advertisement in the Inland Valley Daily Bulletin newspaper on August 10, 2022, and notices were mailed to all property owners (355 addresses) within a 1,500-foot radius of the project site on August 10, 2022. To date, no comments/correspondence has been received in response to these notifications. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: The project fulfills City Council Core Value # 1 “providing and nurturing a high quality of life for all”. The project provides a high quality of life for all by expanding services provided by an existing neighborhood-serving commercial use to the benefit of all residents. Land Use General Plan Zoning Site Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) North Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) South Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) East Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) West Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) 3 EXHIBITS: Exhibit A - Site Plan Exhibit B - DRC2005-00704, Staff Report and Resolution Exhibit C - Conditional Use Permit Modification Request Letter Exhibit D - Resolution 22-25 Exhibit E - Conditions of Approval PROJECT SITE • • -.. Exhibit A Exhibit B Store-em Self Storage operates self-storage facility at 8530 Hellman Avenue with general self- storage, including Recreational Vehicles. This is how the facility was operating at the time the current owners purchased the property. However, it has now come to the owners’ attorney that the current conditional use permit, CUP DRC2005-00704, approved development of a “recreational vehicle storage facility.” (I have uploaded a copy of that CUP.) Store-em Self Storage would like to modify the underlying CUP to allow general storage, as well as Recreational Vehicle (“RV”) storage, as is allowed by the zoning with a CUP. The request is for the modified permit to allow both types of storage in any unit. All units currently are designed to store RVs, and that design also allows for general storage. No change in footprint or structures is being requested, only modification to the language of the permit to allow not only RVs but general storage as well within each of the units. No change in operating hours is requested. Currently, the tenants have access to the units through a computerized and motorized gate 24/7, using their access code. The office is open from 8 a.m. to 5 p.m. Monday through Friday, and when staffing is available may also be open from 8 a.m. to 5 p.m. on Saturday and Sunday. No change from existing operations is requested regarding hours of operation. Typically, one to two employees are on-site. As a self-storage facility that offers storage for RVs, other types of vehicles, goods, materials and equipment, tenants use the area in front of their unit to load and unload items from the units. No unattended outside storage is permitted – vehicles or other goods or items are outside the units only when the vehicles or items are being moved in or out of the unit. No storage of hazardous materials is permitted. Exhibit C RESOLUTION NO. 22-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT MODIFICATION DRC2021-00402, A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO PERMIT NON-VEHICLE, PERSONAL STORAGE WITHIN THE NEO-INDUSTRIAL (NI) ZONE LOCATED AT 8530 HELLMAN AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF – APN: 0209-012-07. A.Recitals. 1.Stor’em Self Storage filed an application for the approval of a Conditional Use Permit Modification DRC2022-00402 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit Modification request is referred to as "the application." 2.On the 24th day of August 2022, 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 August 24, 2022, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a.The project site consists of approximately 5 acres of developed land located north of Arrow Route and east of Hellman Avenue. The rectangular shaped parcel has a linear dimension, from north to south, of approximately 759 feet and approximately 291 feet from east to west; and b.The project site is improved with a business, Stor’em Self Storage, which comprises six (6) buildings totaling a cumulative 123,577 square feet which include five storage buildings dedicated to RV storage, plus a caretakers residence. c.The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows: Exhibit D PLANNING COMMISSION RESOLUTION NO. 22-25 DRC2021-00402– STOR’EM SELF STORAGE August 24, 2022 Page 2 Land Use General Plan Zoning Site Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) North Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) South Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) East Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) West Industrial Neo-Industrial Employment (NI) District Neo-Industrial (NI) d. The site has an existing Conditional Use Permit (DRC2005-00704) that was approved on March 22, 2006. e. Stor’em Self Storage is requesting to add personal storage to the previously approved conditional use permit. The existing units are designed to store RV’s and are designed for general storage. No interior or exterior modifications are being proposed, as well as no changes to the approved hours of operations. f. The Conditional Use Permit Modification will allow the business owner to expand the type of storage they offer to the community in addition to RV storage. 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. Finding: The proposed use is consistent with the General Plan. Fact: The general plan land use designation is Neo-Industrial Employment (NI) District which encourages low industrial uses with minimal impact. The site is developed with an existing storage facility. Including personal storage as part of the business use will have minimal impact on adjacent properties. b. Finding: The proposed use is consistent with the purposes of the Development Code and the purposes of the applicable zone as well as any applicable specific plans or city regulations/standards. Fact: Personal storage is allowed in the Neo-Industrial (NI) Zone with a Conditional Use Permit. The Neo-Industrial (NI) Zone is a designated zone that encourages the use of supportive amenities and services. The request to modify an existing conditional use permit to allow personal storage in addition to RV storage is consistent with the zoning designation and development code. c. Finding: The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints that would make conduct of the use undesirable. PLANNING COMMISSION RESOLUTION NO. 22-25 DRC2021-00402– STOR’EM SELF STORAGE August 24, 2022 Page 3 Fact: The site is improved with an existing storage facility that has storage buildings/units that were designed to accommodate not only RV storage but personal storage as well. There are no physical constraints that would make the conduct of the use undesirable. d. Finding: The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and other permitted uses in the vicinity including transportation and service facilities. Fact: The site is developed with existing storage facility that can accommodate the proposed modification of the use and is compatible with the surrounding uses and development as all the surrounding properties are located within the same general plan and zoning designation. e. Finding: Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. Fact: The proposed modification of the existing use will not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare in the vicinity of which the property is located. The site has an established RV storage business that has been in operation since 2007. Approving the Conditional Use Permit Modification to allow the inclusion of personal storage to the existing business will not be detrimental to the surrounding properties. f. Finding: The proposed use will not pose an undue burden on city services, including police, fire, streets, and other public utilities, such that the city is unable to maintain its current level of service due to the use. Fact: Allowing the existing business to include personal self-storage as part of their service is not anticipated to incur a significant increase in the city services as the modification to the use does not propose any increase in square footage, new building area, nor an expansion of hours of operation. Thus, approving the Conditional Use Permit Modification will not pose an undue burden on city services, streets, police, or other public utilities. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA). The project qualifies under as a Class 1 exemption under State CEQA Guidelines Section 15301—Existing Facilities. The proposed Conditional Use Permit Modification will permit the use of personal storage in addition to RV storage at an existing facility. The Planning Commission has reviewed the Planning Department determination of exemption, and based on its own independent judgment, concurs in the staff’s determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above this Commission hereby approves the application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. PLANNING COMMISSION RESOLUTION NO. 22-25 DRC2021-00402– STOR’EM SELF STORAGE August 24, 2022 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST 2022. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bryan Dopp, Chairman ATTEST: Matthew R. Burris, AICP, LEED AP, Secretary I, Matthew R. Burris, AICP, LEED AP, 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 24th day of August 2022, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval Community Development Department Project #: DRC2021-00402 Project Name: EDR - Stor'em Self Storage Location: 8530 HELLMAN AVE - 020901207-0000 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 APPROVAL FOR: CONDITIONAL USE PERMIT MODIFICATION—STOR'EM SELF STORAGE—A request to modify an existing conditional use permit to allow non-vehicle, personal storage at an existing 123,577 square foot recreational vehicle storage facility located within the Neo-Industrial (NI) Zone at 8530 Hellman Avenue; APN—0209-012-07. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301—Existing Facilities. DRC2021-00402 1. Standard Conditions of Approval The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. 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 in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. In the event such a legal action is filed, the City shall estimate its expenses for litigation. The applicant shall deposit such amount with the City or enter into an agreement with the City to pay such expenses as they become due. 3. 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. 4. 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. 5. The site shall be developed and maintained in accordance with the approved plans which include Site Plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 6. www.CityofRC.us Printed: 8/18/2022 Exhibit E Project #: DRC2021-00402 Project Name: EDR - Stor'em Self Storage Location: 8530 HELLMAN AVE - 020901207-0000 Project Type: Conditional Use Permit Modification ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval Any modification or intensification of the approved use, including revisions in the operations of the business including changes to the operating days /hours; change in the location on -site or within the building of the use /activity that is approved by this Conditional Use Permit; improvements including new building construction; and /or other modifications /intensification beyond what is specifically approved by this Conditional Use Permit, shall require the review and approval by the Planning Director prior to submittal of documents for plan check /occupancy, construction, commencement of the activity, and /or issuance of a business license. The Planning Director may determine that modifications or intensifications of use require the submittal of an application to modify this Conditional Use Permit for review by the City. 7. Building and Safety Services Department Please be advised of the following Special Conditions Storage of hazardous materials is not permitted.1. www.CityofRC.us Page 2 of 2Printed: 8/18/2022 RECOMMENDATION: Staff recommends the Historic Preservation Commission take the following action: • Recommend that the City Council grant the request for one-time fee waivers for the repair and maintenance of the Chaffey-Garcia House and Chaffey-Isle House. BACKGROUND: In 2013 The City of Rancho Cucamonga and the Etiwanda Historical Society entered into a lease agreement for the occupancy, use, and ongoing preservation of the Chaffey-Garcia House located at 7150 Etiwanda Avenue and the Chaffey-Isle House located at 7086 Etiwanda Avenue. The lease agreement requires the Etiwanda Historical Society to maintain the property and structures, as well as to provide liability insurance on the property which was verified on August 15th, 2022. The two homes have an important role in the history of the Etiwanda area of the City. Recently, some of the houses' structural components have reached the end of their useful lives and need to be replaced or repaired, as specified in the lease agreement. ANALYSIS: The Etiwanda Historical Society has contacted the City requesting a fee waiver for building permit fees associated with upcoming maintenance projects on the Chaffey-Garcia House and the Chaffey-Isle House. The maintenance projects consist of a roof replacement to the Chaffey- Garcia House due to deterioration of the existing shake roofing shingles which would need replacement for the upcoming rainy season. The Chaffey-Isle House’s front entry deck has significant dry rot and deterioration of its wood framing members and decking which require repair or possible replacement. The City permitting process consists of collecting nominal fees to recover the costs of plan processing, plan review, and inspection to ensure code compliance and quality of workmanship. DATE: August 24, 2022 TO: Chairman and Members of the Historic Preservation Commission FROM: Matthew R. Burris, AICP, LEED AP, Deputy City Manager – Community Development, Interim Planning Director INITIATED BY: Michael Frasure, Director of Building and Safety Services Zack Neighbors, Building Inspection Supervisor SUBJECT: Consideration of a request by the Etiwanda Historical Society for the one-time set of fee waivers to facilitate repair and maintenance at the Chaffey-Garcia House and Chaffey-Isle House located at 7150 Etiwanda Avenue and 7086 Etiwanda Avenue; APNs: 1089-593-01 and 1089-592-79. This action does not qualify as a “project” as defined in Section 21065 and described in Section 15378 of the California Environmental Quality Act (CEQA) and the CEQA Guidelines. Page 2 The permitting costs for the proposed maintenance items are as follows: • Reroof permit for the Chaffey Garcia House: $400.02 • Deck repair/replacement for the Chaffey Isle House: $1,417.05 Staff notes that all repairs and replacements must be in conformance with the requirements of the applicable regulations in, for example, the Historic Building Code, that apply to historically designated structures; the procedural steps, noticing requirements, opportunities for public review, etc. as established by such regulations that need to be followed by the City; the findings/recommendations of any historic resource assessments prepared, when necessary, for such work; and, in general, the oversight by the Planning Department and other applicable City Departments. CEQA DETERMINATION: Staff has reviewed the proposed fee waiver request and determined that it does not qualify as a “project” as defined in Section 21065 and as described in Section 15378 of the California Environmental Quality Act (CEQA) and the CEQA Guidelines as this action will not result in any direct physical change in the environment or a foreseeable indirect physical change in the environment. CORRESPONDENCE: No correspondence has been received from the public related to this fee waiver request. FISCAL IMPACT: Granting of this fee waiver will reduce projected building permit revenues by $1,817.07. COUNCIL MISSION / VISION / GOAL(S) ADDRESSED: This action fulfills the City Council goals of “Promoting and enhancing a safe and healthy community for all” as the repairs and maintenance will ensure that the Chaffey-Garcia House and Chaffey-Isle are safe and structurally sound; “Building and preserving a family-oriented atmosphere” as the repairs and maintenance will ensure that the houses are available to the Community, and “Working together cooperatively and respectfully with each other, staff, and all stakeholders” as the repairs and maintenance will preserve these Community assets. Exhibit A – City of Rancho Cucamonga and Etiwanda Historical Society Lease Agreement CHAFFEY-ISLE HOUSE LEASE THIS CHAFFEY-ISLE HOUSE LEASE (this "Lease") is dated as of AfMrrJoer (p , 2013 (the "Effective Date") and is entered into by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Landlord" or "City"), and the ETJWANDA HISTORICAL SOCIETY, a California nonprofit public benefit corporation ("Tenant"). RECITALS: A.Landlord is the owner of the real property commonly known as 7086 Etiwanda Avenue, in the City of Rancho Cucamonga, County of San Bernardino, State of California, more particularly described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the "Land''), together with the improvements located thereon commonly known as the Chaffey-Isle House (the "Buildings"). B.City acquired the Land and the Buildings (collectively, the "Premises") for the purpose of preserving the Buildings, which have been designated as a City of Rancho Cucamonga Historic landmark, for the benefit of present and future residents of the City of Rancho Cucamonga. C.Tenant currently leases the Premises from Landlord pursuant to that certain Agreement dated November 21, 2001 between Landlord and Tenant. Tenant shares the City's goal of preserving the Property for the present and future citizens of Rancho Cucamonga. lease. D.Landlord desires and Tenant agrees to terminate the Agreement and replace it with this AGREEMENT: NOW, THEREFORE. In consideration of the mutual covenants contained herein, Landlord and Tenant agree as follows: 1.AGREEMENT OF LEASE; USE OF PREMISES. 1.1 Upon the "Commencement Date" (as defined below), the former Agreement between Landlord and Tenant Is terminated and Landlord leases the Premises to Tenant and Tenant hires the Premises from landlord on the terms in this Lease. 1.2 Tenant shall use the Premises as a museum and for providing programs and services consistent with its mission as a historic society and Tenant shall comply with all applicable laws in connection with its use of the Premises. 1.3 Tenant may use the Premises for purposes incidental to museum use such as fund raising and special events� weddings and other private functions or commercial enterprises); provided, however, that Tenant shall have first given Landlord sixty (60) days advance, written notice of such function or enterprise, describing the event in terms of size, purpose, and general conditions. If Landlord has any objection or concern, it shall so notify Tenant at least thirty (30) days before the event. Tenant shall then comply with landlord's objections or the event will not occur. 2.AS-IS. Tenant is well aware of the condition of the Premises and accepts them in their present condition, without representation or warranty, express or implied. 1123 l-0001\1461622v3.doc Exhibit A 3.TERM AND COMMENCEMENT DATE. 3.1 "Commencement Date"), and shall expire on -"��l«lllli::::t....--:�_, 2014; provided, however, that said inltlal one year term shat! be automatically extended In one (1) year increments (each an "Extended Term") unless either landlord or Tenant has given notice to the other, not less than sixty (60) days prior to the expiration of the then -current term (i.e., the initial one year term or any subsequent Extension Term) that such party has decided to terminate the lease upon the expiration of the th en-current term, in which case this Lease shall terminate upon the expiration of the then-current term. Notwithstanding the foregoing, in no event shatl the term of this lease, as so extended, exceed fifty (50) years. 4. RENT. 4.1 The base rent for the Premises shall be One Dollar ($1.00) per annum (the "Base Rent") and shall be paid without notice or offset, in advance of the Commencement Date and, if applicable, each Extended Term. In addition to the payment of the Base Rent, Tenant shall pay such additional rent as may be specified in this Lease. 4.2 In addition to paying the Base Rent, Tenant shall be resp onsible for paying all Taxes and Operating Costs (as those terms are defined in Section 6 below) and all utilities. 5.SERVICES AND UTILITIES. 5.1 Tenant shall obtain, at Tenant's cost, all utilities needed by Tenant in connection with its occupancy and use of the Prem ises, including domestic water, sewer, electricity, and natural gas (if any). If the Landlord can qualify for any discounts on any of the utility services, landlord will cooperate with and assist the Tenant in obtaining the benefit of any such discount. 5.2 Tenant shall be responsible, at Tenant's cost, for servicing and maintaining all of the Premises' electrical, plumbing and mechanical systems, except that Landlord shall be responsible fo r major failures in these system s as a result of ordinary wear and tear and which are not required due to damage by Tenant or its guests, contractors or agents, or failure by Tenant to properly maintain the Premises. 5.3 Unless caused by the gross negligence or intentional mis conduct of Landlord, Landlord shall not be liable or responsible for any loss, damage or expense sustained or incurred by Tenant as a result of any change, failure, interference, disruptio n or defect in the supply or character of any utitlty or service furnished to the Premises. 6.TAXES AND OPERATING COSTS. 6.1 The term ''Taxes" shall mean (a} all real and personal property taxes, assessments, except City and Fire Protection District assessments, (including possessory interest taxes, assessments for public works, improvements or benefits, whether or not begun or completed prior to the Commencement Date, and whether or not completed prior to the expiration of the Initial Term or any Extended Term) and other governmental charges or levies of every kind, character and description whatsoever, that are assessed, levied or imposed by any governmental authority upon or with respect -2- 1 l23 l-OOOl\1461622v3.doc Exhibit A