HomeMy WebLinkAbout2017-06-28 - SupplementalsCUP Modification DRC2017=00482
Gerdau Steel
Planning Commission
June 28, 2017
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CITY OF RANCHO CUCAMONGA
Prior Approval
• Project site is currently developed with the existing Gerdau
Steel Plant and includes:
• 19,049 square feet of office.
• 91,113
square
feet
of manufacturing.
• 70,490
square
feet
of warehouse.
• On an 80 acre site.
• On January 14, 2009, the Planning Commission approved
CUP DRC2008-00512 for the following:
• New 16,781 square foot Baghouse (air filtering building).
• New 11 778 square foot electrical substation.
• New 6,930 square foot Melt Shop canopy.
• These improvements were never built.
Prior Approval
• On December 10, 2014, the Planning Commission approved
CUP Modification DRC2013-00992. That approval included:
• Reducing the size of the proposed Baghouse from 16,781 square
feet to 11,853 square feet.
• Reducing the size of the proposed electrical substation from 11,778
square feet to 4,000 square feet.
• Enclosing the Melt Shop cupola with a 6,375 square foot Melt Shop
canopy.
• Constructing a 6,090 square foot addition to the Melt Shop building.
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Environmental Review
• On January 14, 2009, a Mitigated Negative Declaration of
environmental impacts was adopted by the Planning
Commission for DRC2008-00512. On December 10, 2014)
an Addendum to the Mitigated Negative Declaration of
environmental impacts was adopted by the Planning
Commission for DRC2013-00992. Per CEQA Guidelines
Section 15162, no further environmental review or Negative
Declaration is required for subsequent projects or minor
revisions to projects within the scope of the previously
adopted Mitigated Negative Declaration.
Recommendation
• Staff recommends that the Planning Commission approve
CUP Modification DRC2017-00482 through adoption of the
attached Resolution of Approval with Conditions.
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Project Description
A proposal to construct an industrial building of 339,000
square feet on a 17 acre site in the General Industrial
(GI) District located approximately 1,100 feet north of 6th
Street and 395 feet north of the terminus of Santa Anita
Avenue.
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Background
August 13, 2015 — Design Review Submitted
May 25, 2016 — Planning Commission
• Item Continued
December 14, 2016 — Planning Commission
• Item Continued
June 28, 2017 — Planning Commission
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PROJECT DATA
ZONE: GENERAL INDUSTRIAL
SITE AREA. 709,798 SF
16,29 AC
FOOTPRINT AREA:
329.000 SF
MEZZANINE:
10.000 SF
=
GROSS FLOOR AREA:
33900 SF
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LOT COVERAGE:
46.28 %
F.A.R.
AUTO PARKING REQUIRED:
OFFICE 15,000 SF qt1/250
60 STALLS
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MANUF - 15,000 SF 0� 11500
30 STALLS
WNSE. - 309,000 SF
IST 20.000 SF r6 1/1,000 SF
20 STALLS
NEXT 20,000 SF 0112,000 SF
10 STALLS
114,000 SF FOR REMAINING
68 STALLS
TOTAL
188 STALLS
TOTAL AUTO PARKING PROVIDED 190 STALLS
DOCK LOADING DOORS. 36 PROVIDED
TRAILER PARKING: 36 PROVIDED
LANDSCAPE REQUIRED: 70,798SF / 10%
LANDSCAPE PROVIDED. 110,000 SF / 15.5%
CITY OF RANCHO CUCAMONGA
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Committee Review
Technical Review Committee
• February 16, 2016
• Recommended approval
Design Review Committee
• February 16, 2016
• Recommended approval
conditions of approval
subject to several added
• Equipment
screening,
employee
break area, fencing,
walls,
gates,
decorative
paving and
paint color.
Assembly Bill (AB) 52
Native Communities were contacted to
determine interest in engaging in consultation.
• City was contacted by:
• San Manuel Band of Mission Indians
• Concurred with the conditions
• Proposed additional text requiring applicant to work with
San Manuel to coordinate tribal participation
• Saboba Band of Luiseno Indians
• No specific concerns
• Deferred to San Manuel
• No additional comments received
Mitigated Negative Declaration
• April 20, 2016 - Initial Study/Mitigated Negative
Declaration circulated
• May 20, 2016 — CDFW letter received
• Impacts to sensitive species and natural communities
• Adequacy of mitigation measures
• Impacts of the project on an existing ephemeral
stream.
• May 25, 2016 — Continuance requested at
Planning Commission
Mitigated Negative Declaration
• Additional analysis completed
• Biological Resources section of IS/MND modified
• 1 mitigation measure added
• 5 mitigation measures modified
• 1 mitigation measure was deleted
• CEQA Section 15073.5(a)
• Recirculation of IS/MND required when substantially
revised.
• A new, avoidable significant effect is identified and
mitigation measures or project revisions must be
added to reduce the impacts to less than significant.
Mitigated Negative Declaration
• November 7, 2016 — MND recirculated
• December 8 & 137 2016 — Lozeau Drury letters
received
• On behalf of LIUNA
• Impacts to biological resources and air quality
• December 14, 2016 —Jeremiah George letter
received
• On behalf of South Coast Chapter of California
Native Plant Society
• Impacts to biological resources
• Cgntinugnce reauestP.d at Planning Commission
Mitigated Negative Declaration
• January
regarding
Fly
2017 — USFWS
impacts to Delhi
presented concerns
Sands Flower -Loving
• Applicant has addressed all concerns
• Additional mitigation measure provided
• Existing mitigation measure modified
• May 22, 2017 — MND recirculated
Mitigated Negative Declaration
Based on the findings
City staff determined
measures there would
that the project would
the environment.
contained in the revised IS,
that, with the
be no substantial
have a significant
mitigation
evidence
effect on
Recommendation
The Planning Commission:
• Adopt the Mitigated Negative Declaration of
environmental impacts; and
• Adopt the Resolution approving Design Review
DRC2015-00797.
DRC2017-00437
Appeal of
CUP D RC2016-00021 & ME D RC2016-00022
Introduction
• Applicant (Appeal): Roger Yuen
• Project Description: Appeal of City Planner approval
Conditional Use Permit DRC2016-00021 & Minor Exception
DRC2016-00022.
• Location:
Haven
Village
Commercial
Center,
located at the
southwest
corner
of
Haven
Avenue and
Lemon
Avenue.
• Zoning Designation: Neighborhood Commercial (NC)
• Square footage of Existing Center: 118,264 square feet
• Approved Addition: 6,484 square feet
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Chronology
• January 29, 2009: Planning Commission approved CUP
DRC2008-00464, for the construction of a 6,484 square foot
addition to the Haven Village Commercial Center.
• May 9, 2017: City Planner approved the following entitlements:
- Conditional Use Permit DRC2016-00021 for the operation of
an approximately 1,800 square foot drive -through coffee
shop.
- Minor Exception DRC2016-00022 for a 4.5 percent
reduction in required parking for Haven Village Commercial
Center.
• May 22, 2017: Appeal filed for City Planner decision of CUP
DRC2016-00021 and ME DRC2016-00022.
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Issues Raised in Appeal
• The CC&R's governing the center require consent from all of
the property owners within the center prior to submitting an
application to the City requesting a parking reduction and that
the City cannot interfere with the contractual rights between
the property owners.
• Additional parking demand within the center will negatively
impact the number of available parking spaces for the current
tenants including Trader Joe's and Daiso.
• The parking analysis relies on parking spaces needed by
other tenants in center.
• Approval does not state who will pay for the mitigation
measure that requires an onsite parking attendant.
Haven Village Existing Parking
Conditions
• Commercial center parking requirement (Pre 1988): 4.5 per
11000 SF
• Commercial parking requirement allows for up to 15 percent
food use and 10 percent office use.
• Parking Requirement for Food Use Over 15 Percent: 1 per
100 SF
• Total Existing Parking Spaces in Haven Village: 575 spaces
• Required Parking Based on Current Tenants: 587 spaces (12
parking space deficit or 2 percent)
• Current Total Food Uses (Restaurants): 19.7 percent
Table 2 — Existin Conditions Parking Analysis Summary
Existing Conditions Parking Ana;lysis Summary
Existing Condkions Required Parking Stalls
Existing Conditions Basic Required Parking Stalls
Total Existing Haven Village SF
118,2�i4
Required Parking Stalls +1,900 SF Basic Rate
4.50
Total Basic Rate Required Parking Stalls
532
Existing Conditions Required Excess Restaurant Square Footage Park ing Stalls
Haven Village Existing Restaurant SF
23,252
Total Existing Haven Village SF
118,264
Haven Village 151k Restaurant SF Limit
17,740
Excess Haven Village 15% Restaurant SF Linn
5,512
Add9 stallsJ'1000 Excess Restaurant SF hate
10.00
Addition Required Restaurant Parking Stalls
55
Required Existing. Conditions Parking Stalls Grand Total
587
Existing Available Haven Village Parking Stalls
575
Existing conditions Haven Village Parking Stalls Difference
12 Deficient
Expansion Area Parking Requirement
• Current commercial center parking requirement: 5 per 1,000
SF
• Size of Expansion Area: 6,484 square feet
• Parking Requirement 100 Percent Retail: 32 spaces
• New Available Parking in Expansion Area: 38 spaces
• Parking Requirement 100 Percent Food Use: 65 spaces
• Haven Village Parking Deficit 100 Percent Retail: 6 spaces or
1%
• Haven Village Parking Deficit 100 Percent Food Uses: 39
spaces or 6%
Table 7
— Proposed Expansion ParKing variance Analysis Sumi
Proposed Expansion Parking Variance Analysis Summary
Required Haven Village Parking Stalls
Existing Conditions Required Parking Stalls
5.57
Proposed Expansion Conditions Required Parking Stalls
h5
Haven Village Required Parking Stalls Grand Total with 652
Proposed Expansion
Available Haven Village Parking Stalls
Existing Conditions .Available Parking Stalls
5 78
Proposed Expansion Conditions Available Parking Staid
58
Haven Village Available Parking Stalls Grand Total! with
Proposed Expansion
Haven Village Parking Stall Difference
613
39 Deficient
6c 6Deficient
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Haven Village Parking Count
• Parking & Circulation Analysis reviewed available parking at
the Haven Village commercial center.
• Field counts conducted on Friday February 24, 2017,
Saturday, February 25, 2017, and Tuesday February 28,
2017.
• Parking utilization counts were taken at 15 minute intervals.
• Haven Village parking lot was divided into 5 parking zones.
• No parking zone falls below 10 percent available parking
spaces with parking for the 6,484 square foot addition.
• The highest parking utilization was on Saturday in Zone 1 (in
front of Vons market), with a 10 percent parking buffer at
2:00 p.m. and on Saturday in Zone 3 (generally in front of
Daiso/Corkys), with a 10 percent parking buffer at 11:00 a.m.
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(continued)
• Second parking count added the 65 stall parking requirement if
the 6,484 SF expansion area were occupied by 100 percent
food uses to Zones 3, 4 and 5.
• Second set of parking utilization tables show that at no time did
the available parking in Zones 3, 4 and 5 fall below a 10
percent available parking space buffer.
• To reduce potential of reduced parking impacting Zones 3 and
4, only 4,340 SF of food uses permitted in expansion area,
which translates into a 4.5 percent deficit in the center.
• To reduce parking demand in the more heavily used area in
front of the buildings, the center employs a parking attendant
who shuttles employees within the center to the back of the
buildings (Zone 5).
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CITY OF RANCHO CUCAMONGA
Applicant Response to Appeal
• CC&Rs are akin to a private contract between two or more
parties and apply solely to the contracting parties and not to
unrelated third parties.
• City is not required to follow or even reference the CC&Rs
when considering an application for a Conditional Use Permit
or Minor Exception.
• Reciprocal parking agreements allow customers to utilize any
available spaces within the center so that no one business
has to provide all of its parking on its own parcel, thereby
benefiting the entire center.
• No evidence submitted that the customers patronizing Trader
Joe's and Daiso only park within the boundaries of Parcel 2.
City Attorney Response to Appeal
• The City is not a party to the CC&Rs and has no duty to
enforce them. The City cannot be held liable if a property owner
breaches a covenant contained in private CC&Rs.
• There appears to be substantial evidence to uphold the
decision to approve the Minor Exception. The parking study
indicates that even with the additional restaurant uses, there
will continue to be a parking buffer at Haven Village.
• The Conditions of Approval are imposed on the applicant, not
the other property owners. It is the applicant's duty to determine
how to implement the mitigation.
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Staff Response to Appeal
• Development Code permits an up to 25 percent reduction in the
required parking through the approval of a Minor Exception.
• Parking analysis demonstrates that the parking areas closet to
expansion area will continued to have a 10 percent parking buffer
with the approval of 4,340 square feet of additional food uses and
that there adequate stacking for the drive -through lane.
• Implementation of the parking attendant has increased utilization of
the parking spaces in Zone 5 (rear of center) by employees,
increasing available parking in the rest of the center.
• Staff has verified that the Conditions of Approval required by the
approval of the 6,484 SF expansion area (CUP DRC2008-00464)
have been completed.
Recommendation
Staff recommends that the Planning Commission deny the
applicant's appeal and uphold the City Planner's decision to
approve Conditional Use Permit DRC2016-00021 and Minor
Exception DRC2016-00022, through the attached Resolutions
of approval and Standard Conditions.
.���4 CITY OF RANCHO CUCAMONGA
Pre -Application Review
DRC2016-00626
A review of the architecture for a proposed
commercial development consisting of two (2) 5-
story hotels totaling two hundred sixteen (216)
rooms on property located within the Haven Avenue
Overlay at the northeast corner of Haven Avenue and
411 Street.
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CITY OF RANCHO CUCAMONGA
e 2,
less industry promises SB 649 will allow locals to keep their discretion over "small cell"
munities.
REALITY: SB 649 only gives complete discretion over small cell installation in coastal zones and
historic districts, while the rest of California's communities lose their full ability to:
• Negotiate any public benefit such as access for police, fire, or library services.
• Require regular maintenance, repair, or replacement of broken small cells.
• Reserve pole space for public safety or energy efficiency technology such as police cameras or
solar panels.
• Negotiate a market rate lease with wireless carriers for installation of their private equipment on
public taxpayer funded property.
• Generate flexible revenue to pay for services such as police, fire, parks, and pension obligations.
• Allow for public input for the location and design of "small cells" even if right outside their homes
or in communities attempting to improve their aesthetic character in key residential or business
areas.
PROMISE: The wireless industry promises SB 649 will help deliver the most advanced "small cell" (5E)
technology with "sufficiently minor" impacts on local governments -justifying their push to remove local discretion and
community input.
REALITY. SB 649's "small cells" aren't so small. Using the least restrictive regulations, SB 649 allows for
large, unsightly, and nearly unlimited installations in public spaces (6 cubic feet for antennas and 21 cubic feet for on
pole equipment) —all without community input or local approval. Communities will also be burdened and unable
to control the amount and size of the following "ancillary" equipment since its excluded from the bill's small cell
definition:
• Electric meters and any required pedestal.
Concealment elements.
Any telecommunications demarcation box.
• Grounding equipment.
• Power transfer switch.
Cutoff switch.
• Vertical cable runs for the connection of power and other services.
PROMISE: The wireless industry promises SB 649 will assist in the rapid deployment of 513 technology, create
thousands of jobs, and prepare California for the future.
REALITY: In reality, SB 649:
Cannot promise communities 5G capable technology because the standards for 5G are still being developed
and is not readily available for deployment today.
Does not require "small cells" to meet any technological standard such as 5G, 4G, or any quality or reliability
standards, leaving uncertain exactly what is being "streamlined."
Does not require the wireless industry to build out their networks to unserved or underserved communities,
instead rewards the industry for existing deployment patterns.
Instead of creating jobs, SB 649 actually limits the ability for communities (non -coastal or historic areas),
especially those that have been historically marginalized or struggled to attract business, to improve the
aesthetics of their neighborhoods and business corridors.
Sets a dangerous precedent of limiting the ability for local governments to leverage use of their public
property to negotiate a public benefit and generate flexible revenue for essential government services,
further eroding local dollars and adding additional pressure to raise taxes or reduce services.
Removes local input and any incentive for local governments and the wireless industry to collaborate on the
deployment of the most advanced technology, likely resulting in costly litigation throughout the state.
SB 231 (Hertzberg) Local Government: Fees and Charges
FIRST OBSERVATION: Several in our group were confused by having this EQ item at the TC&PW
meeting. The vote was a little confusing with TC&PW not knowing if they should vote or not.
SB 231 would add stormwater fees to list of property -related fees that ar not subject to
Proposition 218 by adding stormwater to the definition of "sewer" in Proposition 218 Omnibus
Implementation Act.
Bill Description:
Proposition 218, passed by California voters in 1996, adds Art/ices XIII C and XIII D to the California
Constitution. Before imposing "property -related fees" on pr perty owners, Article XIII D requires
local agencies to either: (1) provide written notice and a 1p tic hearing during which a majority
protest of property owners would stop the process or ( hold an election requiring a two-thirds
vote. Property related fees or charges for sewer, wate , and trash collection are exempt from
these requirements.
However, the terms "sewer' and "water' are
bill that would add stormwater to the definiti
Implementation Act. The proposed definitio5
in Article XIII D. SB 231 is a majority vote
of "sewer" in the Proposition 218 Omnibus
below:
"'Sewer' includes systems, all rea estate, fixtures, and personal property owned,
controlled, operated, or manag in connection with or to facilitate sewage collection,
treatment, or disposition for s itary or drainage purposes, including lateral and
connecting sewers, intercep rs, trunk and outfall lines, sanitary sewage treatment or
disposal plants or works, dr ins, conduits, outlets for surface or storm waters, and any
and all other works, prop y, or structures necessary or convenient for the collection or
disposal of sewage, indu rial waste, or surface or storm waters. 'Sewer system' shall not
include a sewer system hat merely collects sewage on the property of a single owner."
[Emphasis added.]
SB 231 contains legislative inding and declarations explaining that the definition of "sewer"
should include stormwa r based previous statutes that existed before passage of Proposition
218 and based on a Cal ornia Supreme Court decision. Among the findings are the notion that
"Numerous sources p edating Proposition 218 reject the notion that the term 'sewer' applies
only to sanitJses and sanitarysewerage.
Observation:rwhelmingly supported this bill, while non -staff, and others did not. It seems
if you are stauld have to come up with the stormwater funds for your community, you
supported this bill. Why? If SB 231 is enacted, cities would have the ability to levy stormwater fees
or charge.
Committee voted and approved support for this item.
CONTINUANCE OF PUBLIC HEARING
At its regular meeting held on June 28, 2017, the Rancho Cucamonga Planning Commission
continued the following item(s) to its meeting to be held on July 26, 2017.
DESIGN REVIEW MODIFICATION REVOCATION DRC2017-00480—BIANE FAMILY
PROPERTIES - A request to revoke Design Review Modification DRC2016-00345,
approved in error on November 9, 2016, for a request to revise the conditions of
approval for DRC2007-00951 (Planning Commission Resolution No.14-08) for the
Biane Winery, a complex comprised of fifteen (15) buildings/structures and three (3)
single-family residences located on two (2) parcels with a combined area of 10.41
acres in the General Industrial (GI) District located on the south side of 8th Street,
between Hermosa and Archibald Avenues; APN: 0209-201-19 and 20. On January
22, 2014, the Planning Commission adopted a Mitigated Negative Declaration of
environmental impacts for DRC2007-00951. The California Environmental Quality Act
provides that no further environmental review or Negative Declaration is required for
subsequent projects or minor revisions to projects within the scope of a previous
Negative Declaration.
DESIGN REVIEW DRC2017-00481 — BIANE FAMILY PROPERTIES - A request to
revise the conditions of approval for DRC2007-00951 (Planning Commission
Resolution No.14-08) to allow for the retention of two existing residential structures on
site for the Biane Winery, a complex comprised of fifteen (15) buildings/structures and
three (3) single-family residences located on two (2) parcels with a combined area of
10.41 acres in the General Industrial (GI) District located on the south side of 8th
Street, between Hermosa and Archibald Avenues; APN: 0209-201-19 and 20. Staff
has found the proposed project to be within the scope of a project covered by a
previously approved Initial Study and Mitigated Negative Declaration approved by the
Planning Commission on January 22, 2014. Staff has prepared an addendum
prepared per CEQA Section 15164 which does not raise or create new environmental
impacts not already considered in that Initial Study.
The meeting will be held at 7:00 p.m. in the Council Chambers at the Rancho Cucamonga Civic
Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California.
Said continuance was passed by the following vote:
Ayes:
FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY
Noes:
NONE
Absent:
NONE
Abstain:
NONE
Date: June 29, 2017
AFFIDAVIT OF POSTING
I, Jennifer Palacios, declare as follows
I am the Acting Planning Commission Secretary of the City of Rancho Cucamonga; that at a regular
meeting of the Planning Commission of the City of Rancho Cucamonga held on June 28, 2017, said
public hearing was opened and continued to the time and place specified in the NOTICE OF
CONTINUANCE shown above; and that on June 29, 2017, at the hour of 4:00 p.m., a copy of said
notice was posted in a conspicuous place near the door in which said meeting was held.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 29, 2017, at Rancho Cucamonga, California.