Loading...
HomeMy WebLinkAbout03-140 - Resolutions RESOLUTION NO. 03-140 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. DRC2003-00302, FOR A 17,435 SQUARE FOOT MULTI-TENANT AUTO CARE CENTER IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 3), LOCATED ON THE SOUTH SIDE OF ARROW ROUTE, EAST OF HERMOSA, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0209-012 -10. A. Recitals. 1. West Rock LLC filed an application for the approval of Development Review No. DRC2003-00302, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 24th day of September 2003, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 bythe 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 meeting on September 24, 2003, including written and oral staff reports,this Commission hereby specifically finds as follows: a. The application applies to property located at 9199 Arrow Route with a street frontage of 194.19 feet and lot depth of 320 feet and is presently vacant land; and b. The property to the north of the subject site is Arrow Route and further north are single-family residences. The property to the south consists of vacant property, the property to the east is an industrial building, and the property to the west is vacant and small industrial improvements; and C. The application contemplates the construction of one industrial multi-tenant auto care center building totaling 17,435 square feet; and d. The proposed project, 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. 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting 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 project is consistent with the objectives of the General Plan; and PLANNING COMMISSION RESOLUTION NO. 03-140 DRC2003-00302 —WEST ROCK LLC September 24, 2003 Page 2 b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and C. The proposed use is in compliance with each of the applicable provisions of the Development Code; and d. 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. 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 adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated 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 Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. 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 Mitigated 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 Mitigated 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 California 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 approval granted is for one multi-tenant auto care facility totaling 17,435 square feet. 2) All roll up doors and windows shall be treated with reflective or opaque materials. PLANNING COMMISSION RESOLUTION NO. 03-140 DRC2003-00302 —WEST ROCK LLC September 24, 2003 Page 3 3) The roll-up doors shall be painted to match the overall colors of the building. 4. All vehicles shall be screened at all times with a combination of block walls, screening with shrubs or hedges, and other decorative materials. 5) Berms shall be provided along Arrow Route, which undulate and have an average height of 3 feet (maximum slope not to exceed 3.5:1). 6) No wall shall exceed an exposed height of 8 feet as viewed from adjacent properties and street. 7) Provide tables, chairs, and shade for outdoor employee eating area. 8) All repair service shall be conducted inside the building. 9) No cars shall be stored outside overnight. Engineering Division 1) The parkway,from the right-of-way to the top of curb, shall slope downward at a 2 percent slope. 2) Revise existing city street improvement Mylar plans as required by the City Engineer. Show proposed improvements in the public right-of-way on Drawing #1060, Sheets 1 an 9. Revisions are to be made by a licensed civil engineer. 3) Prior to any work being performed in the public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 4) The developer is responsible for widening the southern lanes of Arrow Route to 36 feet from centerline when the same is done for adjoining properties. Cash payment in-lieu of construction shall be deposited with the City to insure the eventual widening. 5) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical)on the opposite side of Arrow Route shall be paid to the City prior to the issuance of building permits. The fee shall be one-half of the City adopted unit amount ($213/2=$106.50) times 194 feet, the length of the project frontage. 6) Provide evidence of permission to grade beyond the property line. 7) Revise the Water Quality Management Plan to the satisfaction of the City Engineer. Prior to issuance of grading permits, the applicant shall prepare a final Storm Water Pollution Prevention Plan that identifies Best Management Practices (BMPs) to be implemented during the period the PLANNING COMMISSION RESOLUTION NO. 03-140 DRC2003-00302 —WEST ROCK LLC September 24, 2003 Page 4 site is under construction. BMPs shall be identified on the Grading Plans for review and approval by the City Engineer. Environmental Mitigation Air Quality 1) All Construction equipment shall be maintained in good operating condition so as to reduce operational emission. The contractor shall ensure that all construction equipment is being properly maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and protected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized or that their use was investigated and found to be feasible for the project. Contractors shall also conform to any construction measures imposed by the Southern Californian Air Quality Management District (SCAQMD), as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCQAMD, Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards as noted in SCQAMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if sift is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. PLANNING COMMISSION RESOLUTION NO. 03-140 DRC2003-00302 —WEST ROCK LLC September 24, 2003 Page 5 • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent(approved by SCAQMD and Regional Water Quality Control Board [RWQCB])daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMio emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). i 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. PLANNING COMMISSION RESOLUTION NO. 03-140 DRC2003-00302 —WEST ROCK LLC September 24, 2003 Page 6 • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures(i.e., paleontological monitoring)that maybe appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full- time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notifythe monitor of the find. • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent(approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMio emissions. PLANNING COMMISSION RESOLUTION NO. 03-140 DRC2003-00302—WEST ROCK LLC September 24, 2003 Page 7 Hydrology and Water Quality 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the project where appropriate. Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Planning Division. Said consultant shall report their findings to the Planning Division within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) The perimeter block wall shall be constructed as early as possible in first phase. 4) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF SEPTEMBER 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: AZ Rich Macias, Chairman PLANNING COMMISSION RESOLUTION NO. 03-140 DRC2003-00302 —WEST ROCK LLC September 24, 2003 Page 8 ATTEST: rad Bul retary 1, 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 24th day of 2003, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART City of Rancho Cucamonga MITIGATION MONITORING in PROGRAM Project File No.: DRC2003-00302 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the (Mitigated Negative Declaration/Environmental Impact Report) for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of.approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary.This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program DRC2003-00302 —WEST ROCK LLC Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed,as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed bythe project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwritten notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring.The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division.The Division shall require the applicant to post any necessary funds (or other forms of guarantee)with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits.