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HomeMy WebLinkAbout12-11 - Resolutions RESOLUTION NO. 12-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2011-00255-A REQUEST TO MAKE SITE IMPROVEMENTS INCLUDING INSTALLING A TEMPORARY OFFICE MODULE, CONSTRUCTING NEW SCREEN WALLS, INSTALLING ALL STREET IMPROVEMENTS AND LANDSCAPING, COMPLETE ON-SITE PAVING AND ADD AN EMPLOYEE EATING AREA AND PARKING FOR A 4.42-ACRE PROJECT SITE LOCATED WITHIN THE HEAVY INDUSTRIAL DISTRICT OF SUBAREA 15 ON THE SOUTH SIDE OF WHITTRAM AVENUE BETWEEN PECAN AVENUE AND HICKORY AVENUE, LOCATED AT 13195, 13207, 13231, 13243, AND 13253 WHITTRAM AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 0229-192-09, 06, 04, 03, AND 02. A. Recitals. 1. James Lin for All State Recycling filed an application for Development Review DRC2011-00255, 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 December 14, 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application that was continued to a date uncertain. 3. On February 8, 2012, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application that was continued to a date uncertain. 4. On March 28, 2012, 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. 5. 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. The Planning 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 the Planning Commission during the above-referenced public hearing on December 14, 2011, and continued to February 8, 2012, and March 28, 2012, including written and oral staff reports,together with public testimony,the Planning Commission hereby specifically finds as follows: a. The application applies to a request to do site improvements related to the permitting of a ferrous metal recycling facility; and b. The subject property is zoned Heavy Industrial; and C. The property to the north is zoned General Industrial and is developed with a vehicle storage facility;the property to the south is zoned Heavy Industrial and is undeveloped; and, the properties to the east and west are zoned Heavy Industrial and are developed with a vehicle dismantler and a vehicle storage facility, respectively; and PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 2 d. The subject site improvements are required as part of the approval process for Conditional Use Permit DRC2011-00254. 3. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, the Planning Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located; and b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or the improvements in the vicinity; and C. The application,which contemplates operation of the proposed use, complies with each of the applicable provisions of the Development Code. 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, 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, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. 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 adopts 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 therefore adopts 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 decision 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. PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 3 5. Based upon the findings and the conclusions set forth in Paragraphs 1, 2, 3, and 4 above, the Planning 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) Approval is granted for site improvements related to the operation of a 4.42-acre recycling facility located at 13195, 13207, 13231, 13243, and 13253 Whittram Avenue-APN: 0229-192-09, 06, 04, 03, and 02. 2) Install street improvements including curb, sidewalks, landscaping for the Whitram Avenue frontage, including the frontage for the single-family residence and vehicle repair shop. 3) Construct an 8-foot high decorative wall with a decorative cap and view obscuring metal gates along Whittram Avenue and between the project site and the single-family residence. 4) Construct an 8-foot high painted metal screen fence along the east and west property lines and along a portion of the property line separating the project site from the single-family residence. These metal screen walls will not be visible from the Whittram Avenue right-of-way. 5) Construct an 8-foot high plate metal fence along the south property line adjacent to the railroad right-of-way. All the welds on the fence shall be ground smooth and be painted tan. All graffiti shall be removed within 48 hours of being noticed, and the fence shall maintain an even tone of paint. 6) Construct an employee parking area,outdoor eating area,and upgrade the existing bathroom facility. 7) The parking area shall include a perimeter landscape planter that has a 5-foot minimum wide interior dimension and includes a 12-inch step out curb where a parking space abuts the landscape planter. All parking stalls shall be a minimum 9 feet wide and 18 feet deep and be double striped. 8) Repair and paint the existing on-site covered work areas. 9) Paint the temporary office module to match the other on-site structures and add a skirt around the foundation to screen the undercarriage. 10) Pave the entire site, and repair all damaged asphalt and concrete. 11) Upgrade the windows and doors of the single-family residence in order to reduce the indoor noise levels to City standards as recommended in the Acoustical Impact Report (LSA—June 2011). PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 4 12) Conditions 2 through 11 shall be completed in the following time period from the date of this approval or revocation procedures for Conditional Use Permit DRC2011-00254 will begin: a) Walls and gates shall be completed within 2 months of this approval. b) Noise mitigation for the single-family residence shall be completed within 3 months of this approval. c) On-site improvements (paving, parking facility, outdoor eating area, upgrade of covered work areas) shall be completed within 4 months of this approval. d) Street improvements and landscaping shall be completed within 8 months of this approval. 13) Print a copy of this Resolution of Approval on the plans when they are submitted for Plan Check. 14) The facility shall be maintained at all times, including making necessary repairs as needed, and keeping the site free from trash and debris. In no event shall trash and debris remain for more than 24 hours. 15) The applicant shall obtain all the necessary permits from the Building and Safety Department. 16) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Conditions, Health Departments, Uniform Building Code, or any other City Ordinances. Fire Conditions: 1) Comply with the Fire Protection Plan when approved. 2) Obtain the necessary operating permits from RCFPD for a recycling facility and Hot Work Operations. 3) Submit for plan check approval and obtain a Building Permit for the facility improvements. Engineering Department: 1) Lot line adjustment to be recorded by San Bernardino County. Please submit proof of recordation. 2) Install public improvements on Whittram Avenue per City standards,to the satisfaction of the City Engineer including, but not limited to, the following: PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 5 a) Provide curb, gutter, sidewalk, and drive approaches as required. b) Remove existing street lights on wooden poles and install three(3) 9500 Lumen HPSV street lights on concrete poles. c) Provide existing R26 "No Parking" signs, or replace as required. d) Provide traffic signing and striping as required. 3) Install drive approaches and street trees per City standards, to the satisfaction of the City Engineer. a) Street trees, a minimum of 15-gallon size, shall be of a species and spaced in accordance with the City's street tree program. b) Street improvement plans, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. c) Security shall be posted and an agreement executed to the satisfaction of the City Engineer and City Attorney guaranteeing completion of the public improvements, prior to the issuance of a City Building Permit. d) 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) Per the Driveway Policy, driveways require the following: a) A minimum width of 35 feet for Commercial or Industrial drive approaches. 5) For Assessors Parcel Numbers 0229-192-06 and 09 an in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electricity) on the opposite side of Whittram Avenue shall be paid to the City prior to the issuance of any Building Permits. The fee shall be one-half the City adopted unit amount times the length of street frontage. 6) For Assessors Parcel Numbers 0229-192-02, 03, and 04 an in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electricity) on the opposite side of Whittram Avenue shall be paid to the City within 5 years from the date of this approval or within 6 months of obtaining ownership of the said parcels. If payment is not received within the stipulated time period, revocation procedures for Conditional Use Permit DRC2011-00254 will begin. The fee shall be one-half the City adopted unit amount times the length of street frontage. PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 6 7) Install pavement transitions within the existing rights-of-way,to the east and west of the project site, with asphalt curbs to contain street run-off that extend to adjacent drive approaches. Obtain permission to remove the existing fences and other private improvements from street right-of-way. Re-establish private improvements beyond right-of-way as needed. 8) Development Impact Fees: None. Development Impact fees are associated with Building Permits. No fees are due at this time. (Fees subject to change.) Mitigation Measures: Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per man ufacturers'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 projected 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 infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD 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 noted in SCAQMD 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. PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 7 • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • 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 PM10 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) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 11) Post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 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. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 8 effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying an in-kind mitigation fee. • 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) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring)that may be 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 notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • 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 or re-planted with drought resistant landscaping as soon as possible. 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 the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 9 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 PM10 emissions. Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufacture's specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. 7) Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. 8) Design irrigation to control runoff and to remove water to non-vegetated surfaces. Hydrology and Water Quality 1) Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. 2) Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. 3) Perform inspections of all BMPs. 4) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices PLANNING COMMISSION RESOLUTION NO, 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 10 (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 5) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b)An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 6) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 7) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 8) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Lin Consulting, Inc. (July 11, 2011) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 9) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 10) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 11) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES) General Construction Storm Water Permit from the State Water Resources PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 11 Control Board. Evidence that this has been obtained (i.e.,a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 2) Replace the existing doors and windows of the adjacent single-family residence with retrofit doors and windows that have a minimum Sound Transmission Class (STC) rating of 32 or higher to be completed within 120 days of the approval of the project. 3) Construct an 8-foot high block wall along the property line adjacent to the single-family residence from the minimum street side setback to the southern end of the existing subterranean loading dock to be completed within 60 days of the approval of the project. 4) 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. 5) 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 Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. 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. 6) The perimeter block wall shall be constructed as early as possible in first phase to be completed within 60 days of the approval of the project. 7) 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 and include appropriate noise mitigation measures. To the extent feasible,the plan PLANNING COMMISSION RESOLUTION NO. 12-11 DEVELOPMENT REVIEW DRC2011-00255 - JAMES LIN FOR ALL STATE RECYCLING March 28, 2012 Page 12 shall denote haul routes that do not pass sensitive land uses or residential dwellings. Public Services 1) The project shall conform to all of the recommendations made in the Fire Protection Plan (Hughes Associates, Inc, October 2011) including limits on pile heights (20 feet maximum). 6. The Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF MARCH 2012. PLANNING COMMIS OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: Jarlys R. Troyer, AICP, Secretary I, James R. Troyer,AICP, 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 28th day of March 2012, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT in DEPARTMENT STANDARD CONDITIONS CONDITIONAL USE PERMIT DRC2011-00254 AND DEVELOPMENT DESIGN REVIEW PROJECT #: DRC2011-00255 SUBJECT: ALL STATE PAPER AND METAL RECYCLING APPLICANT: JAMES LIN LOCATION: SOUTH SIDE OF WHITTRAM AVE -APN: 0229-192-09, 06, 04, 03 & 02. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 12-11 and 12-12, Standard Conditions, 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. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration -$ 2,151.50 X B. Time Limits 1. Conditional Use Permit, and Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. 1 Project No.DRC2011-00255 AND DRC2011-00254 completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping,sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform 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 Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. 8. Trash receptacle(s)are required and shall meet City standards. The final design, locations,and the number of trash receptacles shall be subject to Planning Director review and approval priorto the issuance of building permits. 9. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 10. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners'association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. D. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3. All parking spaces shall be double striped per City standards and all driveway aisles,entrances, and exits shall be striped per City standards. 2 Project No.DRC2011-00255 AND DRC2011-00254 Completion Date E. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) F. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; C. Planning Department Project Number(i.e., DRC 2011-00255 and DRC2011-00254)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. G. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number(i.e., DRC2011-00255 and DRC2011-00254). The applicant shall comply with the latest adopted California Codes,and all other applicable codes,ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 3. Construct trash enclosure(s) per City Standard (available at the Planning Department's public • counter). H. Existing Structures 1. Provide compliance with the California Building Code (CBC) for the property line clearances considering use, area, and fire-resistiveness of existing buildings. 3 Project No.DRC2011-00255 AND DRC2011-00254 Completion Date I. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Street Improvements 1. All public improvements(interior streets,drainage facilities,community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter,AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Pursuant to City Council Resolution#88-557, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except:that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 3. Construct the following perimeter street improvements including, but not limited to: Curb 8 A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Whittram Avenue X I X X X X I X n/a I n/a I n/a 4. Improvement Plans and Construction: a. Street improvement plans, including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. 4 Project No.DRC2011-00255 AND DRC2011-00254 Completion Date C. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. e. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 6. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size qty. Whittram Avenue Pistacia chinensis Chinese Pistache 5' 30' OC 15 Gal Fill . in Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils reportshall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. K. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. L. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval 5 Project No.DRC2011-00255 AND DRC2011-00254 Completion Date in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. M. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. 3. Prior to approval of the final map, or prior to improvement agreement approval if no map is involved, all Tract Maps, Parcel Maps and public improvement plans shall be submitted to the Engineering Division on a compact disc (CD) in Auto CAD (computer aided design) format. If public improvement plans are completed after map approval, the CD shall be submitted prior to issuance of a construction permit for frontage improvements or a building permit, whichever occurs first. 4. Provide copy of final Water Quality Management Plan with submittal of Grading plans to Building and Safety. WQMP and Grading plans are subject to review by the Building Official. 6