HomeMy WebLinkAbout17-66 - Resolutions - Approving Conditional Use Permit RESOLUTION NO. 17-66
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT DRC2017-00482, A REQUEST TO MODIFY THE
CONDITIONS OF APPROVAL SPECIFICALLY RELATED TO REQUIRED
PUBLIC IMPROVEMENTS FOR CONDITIONAL USE PERMIT
DRC2008-00512 APPROVED BY THE PLANNING COMMISSION ON
JANUARY 14, 2009, AND CONDITIONAL USE PERMIT MODIFICATION
DRC2013-00992 APPROVED BY THE PLANNING COMMISSION ON
DECEMBER 10, 2014 RELATED TO PROPERTY LOCATED AT 12459-B
ARROW ROUTE - APN: 0229-131-19, AND MAKING FINDINGS IN
SUPPORT THEREOF.
A. Recitals.
1. Gerdau Steel applied for Conditional Use Permit Modification DRC2017-00482, 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 14th day of January 2009, the Planning Commission of the City of Rancho
Cucamonga approved Conditional Use Permit DRC2008-00512 to demolish and replace an
existing bag house air filtering system, and demolish and replace an existing electrical substation.
3. On the 10th day of December 2014, the Planning Commission of the City of Rancho
Cucamonga approved Conditional Use Permit Modification DRC2013-00992 to decrease the size
of the proposed bag house building, decrease the size of the proposed electrical substation,
enclose the existing melt shop cupola, and add floor area to the melt shop building.
4. On the 28th day of June 2017, 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. 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 June 28, 2017, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property located at 12459-B Arrow Route on the
south side of Arrow Route between the 1-15 Freeway and Etiwanda Avenue with a street frontage
of approximately 345 feet and an average lot depth of 1,210 feet and which is presently improved
with 98,032 square feet of manufacturing space, 22,009 square feet of office space, and
70,049 square feet of warehousing space; and
PLANNING COMMISSION RESOLUTION NO. 17-66
DRC2017-00482 — MIG HOGLE-IRELAND (GERDAU STEEL)
June 28, 2017
Page 2
b. The properties to the south, east, and west of the project site are within the Heavy
Industrial (HI) District and the properties to the north (on the north side of Arrow Route) are within
the General Industrial (GI) District; and
c. The Conditions of Approval for DRC2013-00992 require the construction of
certain public improvements along the Arrow Route frontage of the project and relocation of a
utility pole supporting 66kV power lines; and
d. The relocation of the 66kV power pole is not feasible at this time due to conflicts
with an existing structure on the adjacent property to the west; and
e. Without the relocation of this utility pole, certain conditioned public improvements
(i.e., street trees, sidewalk, and the undergrounding of distribution utility lines) need to be delayed
until the 66kV pole can be relocated to avoid damage to, or duplication of work in the installation
of public improvements.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed 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.
b. 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.
c. 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, the City adopted a Mitigated Negative Declaration in January 2009 in
connection with the City's approval of Conditional Use Permit DRC2008-00512, and an
Addendum to the Mitigated Negative Declaration in December 2014 in connection with the City's
approval of Conditional Use Permit Modification DRC2013-00992. Pursuant to CEQA Guidelines
Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in
connection with subsequent discretionary approvals of the same project unless: (i) substantial
changes are proposed to the project that indicate new or more severe impacts on the
environment; (ii) substantial changes have occurred in the circumstances under which the project
was previously reviewed that indicates new or more severe environmental impacts; or (iii) new
important information shows the project will have new or more severe impacts than previously
considered; or(iv) additional mitigation measures are now feasible to reduce impacts or different
mitigation measures can be imposed to substantially reduce impacts.
PLANNING COMMISSION RESOLUTION NO. 17-66
DRC2017-00482 — MIG HOGLE-IRELAND (GERDAU STEEL)
June 28, 2017
Page 3
b. The Planning Commission finds, in connection with Conditional Use Permit
Modification DRC2017-00482, that substantial changes to the project or the circumstances
surrounding the project have not occurred which would create new or more severe impacts than
those evaluated in the previous Mitigated Negative Declaration and Addendum to the Mitigated
Negative Declaration. The project includes: associated with DRC2013-00992 to 1) replace a
proposed 16,781 square foot Baghouse air filtering system with a 11,853 square foot Baghouse
air filtering system, 2) replace a proposed 11,778 square foot electrical substation building with a
4,000 square foot electrical substation building, 3) enclose the existing Melt Shop cupola within a
proposed 6,375 square foot Melt Shop canopy, and 4) construct a 6,090 square foot addition to
the Melt Shop building, the additional square footage does not amount to a major change and
would not create new significant impacts or increase the severity of any impacts previously
identified in the MND. The project will not have any significant effects not discussed in the
previous Mitigated Negative Declaration and Addendum to the Mitigated Negative Declaration,
will not have more severe effects than previously analyzed, and that additional or different
mitigation measures are not required to reduce the impacts of the project to a level of less than
significant. As such, the proposed Conditional Use Permit application does not raise or create
new environmental impacts not already considered in the approved Mitigated Negative
Declaration and Addendum to the Mitigated Negative Declaration.
c. Based on these findings and all evidence in the record,the Planning Commission
concurs with the staff determination that no additional environmental review is required pursuant
to CEQA in connection with the City's consideration of Conditional Use Permit Modification
DRC2017-00482.
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 in
the attached Conditions of Approval attached hereto and incorporated herein by this reference.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2017.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Franci�Oaxaca, Chairman
�ca
ATTEST:
Can y Burnett, Secretary
I, Candyce Burnett, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 28th day of June 2017, by the following vote-to-wit:
PLANNING COMMISSION RESOLUTION NO. 17-66
DRC2017-00482 — MIG HOGLE-IRELAND (GERDAU STEEL)
June 28, 2017
Page 4
AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
Conditions of Approval
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j ANCEiO Community Development Department
CtiCAMONGA
Project#: DRC2017-00482
Project Name: CUP Modification ///Gerdau
Location: 12459 ARROW RTE B - 022913124-0000
Project Type: Conditional Use Permit Modification
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Planning Department
Please be advised of the following Special Conditions
1. All applicable Standard Conditions, Conditions of Approval, and environmental mitigations contained
in Planning Commission Resolution of Approval No. 09-01 for Conditional Use Permit
DRC2008-00512 shall apply.
2. All applicable Conditions of Approval contained in Planning Commission Resolution of Approval No.
14-54 for Conditional Use Permit Modification DRC2013-00992 shall apply.
Standard Conditions of Approval
3. 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.
4. Copies of the signed Planning Commission Resolution of Approval, Conditions of Approval, and all
environmental mitigations shall be included on the plans (full size). The sheet(s) are for information
only to all parties involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. 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.
6. Any approval shall expire if Building Permits are not issued or approved use has not commenced
within 5 years from the date of approval or a time extension has been granted.
7. 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.
8. 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 Development Code
regulations.
Engineering Services Department
Please be advised of the following Special Conditions
www.CityofRC.us
Printed:6/21/2017
Project#: DRC2017-00482
Project Name: CUP Modification///Gerdau
Location: 12459 ARROW RTE B - 022913124-0000
Project Type: Conditional Use Permit Modification
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT:
Engineering Services Department
Please be advised of the following Special Conditions
1. Remove the following Engineering condition of approval 6 from DRC2013-00992:
"Public improvement plans shall be 90 percent complete prior to the issuance of grading permits.
Public improvement plans shall be 100 percent complete, signed by the City Engineer, and an
improvement agreement and bonds executed by the developer, prior to building permit issuance."
2. Change the following Engineering condition of approval 7 in DRC2013-00992 from:
"The existing overhead utilities (telecommunications and electrical, except for 66kV electrical) on the
project side of Arrow Route shall be undergrounded from the first pole east of the east project
boundary to the first pole off site west of the west project boundary, prior to public improvement
acceptance or occupancy, whichever occurs first. The developer may request a reimbursement
agreement to recover up to one-half the actual costs for undergrounding. We collected $79,431.00
from DRC2004-01290 on the north side of Arrow Route for this segment and a portion of the
adjacent property to the west."
To:
"The developer shall pay an in-lieu fee for the undergrounding of the existing overhead utilities
(telecommunications and electrical, except for 66kV electrical) along the project frontage on Arrow
Route in the amount shown in the fee schedule current at the time of payment. Payment shall be
made prior to public improvement acceptance or occupancy, whichever occurs first."
3. Change the following Engineering condition of approval 10 in DRC2013-00992 from:
"Relocate 66 kV power poles for Arrow Route frontage improvements. If Southern California Edison
(SCE) indicated relocation is not possible, or would recommend it not being done at this time, the
developer shall provide a cash contribution in lieu of construction for that portion of the Arrow Route
improvements that cannot be completed. Said contribution in lieu of construction shall include the
future power pole relocation costs."
To:
"The developer shall pay an in-lieu fee for the relocation of the 66kV power pole on Arrow Route in
the amount of $60,000. Payment shall be made prior to public improvement acceptance or
occupancy, whichever occurs first."
www.CityofRC.us
Printed:6/21/2017 Page 2 of 2