Loading...
HomeMy WebLinkAbout2021-085 - Resolution RESOLUTION NO. 2021-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT DRC2020-00439, A REQUEST TO OPERATE AN AUTO AND VEHICLE STORAGE USE WITHIN THE GENERAL INDUSTRIAL (GI) DISTRICT LOCATED AT 9910 6T" STREET; AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0209-211-42 AND 43. (DRC2021-00213) A. Recitals. 1. Joonas Partanen with Brookfield Properties, on behalf of H.E.R. Trucking, filed an application for Conditional Use Permit DRC2020-00439, as described in the title of thisResolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On May 4, 2021, the Planning Director of the City of Rancho Cucamonga denied Conditional Use Permit DRC2020-00439, and made findings supporting that decision. 3. On May 12, 2021, Joonas Partanen with Brookfield Properties, on behalf of H.E.R. Trucking ("Appellant"), filed a timely appeal of the Planning Director's decision denying the application (DRC2021-00159). 4. On June 9, 2021, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and adopted Resolution No. 21-38 to deny the appeal and uphold the Planning Director's decision to deny the application and making the findings of support thereof. 5. On June 16, 2021, the Appellant filed a timely appeal of the Planning Commission's decision denying the application to the City Council (DRC2021-00213). 6. On August 4, 2021, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and adopted this Resolution to deny the appeal and uphold the Planning Commission's decision to deny the application and making findings of support thereof. 7. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 Council during the above-referenced public hearing on August 4, 2021, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: Resolution No. 2021-085 - Page 1 of 6 a. The applicant, Joonas Partanen, on behalf of H.E.R. Trucking Inc. is requesting to operate an Auto and Vehicle Storage facility at a 4.55 acre site which is improved with an existing 8,888 square foot industrial building within the General Industrial (GI) District at 9910 6th Street—APN: 0209-211-42 and 43. b. The Conditional Use Permit is for the storage of trucks and trailers consisting of a fleet of 3-axle tractors, 53' wide dry vans, and refrigerator trailers. c. The proposed Auto and Vehicle Storage facility proposes to operate 7 days a week, Monday to Sunday from 6:00 a.m. to 6:00 p.m., with truck trips occurring between 7:00 a.m. to 8:00 p.m. The site will be used to park a fleet of 3-axle tractors, 53' dry vans, refrigerator trailers and storage containers. All equipment will be on site when off duty and only 50% of the fleet is on site. The maximum number of vehicles is anticipated to be approximately 70 tractor&trailers. No goods will be stored at the facility. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, including all written and oral testimony, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed project is allowed within the applicable zoning district but does not comply with the applicable provisions of the general plan. The project does not comply with multiple goals and policies of the general plan.Specifically,the project does not comply with Goal ED-1, Policy ED-1.3,Goal LU-1, Policy LU-1.1, Goal LU-6, and Policies LU-6.1 and LU-6,4 of the General Plan: • Goal ED-1 requires that the City "achieve and maintain a diverse and sustainable economic base." Policy ED-1.3 further"encourage(s)the re-use of vacant warehousing facilities and other sites in Industrial zoned areas to attract new, innovative industries, particularly green technology." The General Plan continues by noting that while the exact type of business considered to be "green tech" might change over time, "...the City will continue to support the development of new buildings and reuse of existing buildings to accommodate the evolving spatial needs of innovative firms." The project proposes the re-use of a 4.55-acre site for Auto and Vehicle Storage which had previously been used as a recycling center. The applicant proposes to re-use the 4.55-acre site and the existing industrial building located on-site to accommodate the proposed Auto and Vehicle Storage use. The re-use of the project site in such a manner does not comply with the General Plan as it fails to"attract new, innovative industries," let alone one that focuses on green technology. Dedicating the site to the proposed Auto and Vehicle Storage use would prevent the City from attracting new innovative industries which could otherwise locate at the subject site if it were redeveloped into an industrial park similar to other parcels of approximately the same size and zoning designation. Furthermore, Auto and Vehicle Storage is not considered a green technology. • Goal LU-1 requires that the City "ensure (that) established residential neighborhoods are preserved and protected, and local and community serving Resolution No. 2021-085 - Page 2 of 6 commercial and community facilities meet the needs of residents. Policy LU-1.1 further provides that the City must "protect neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment." The proposed Auto and Vehicle storage meets no discernable community need for the residents of Rancho Cucamonga, which is contrary to Goal LU-1. As previously discussed, and pursuant to Table 17.30.030-1 (Allowed Land Use and Permit Requirements By Base Zoning District), the Development Code within the subject zoning permits a variety of uses which meet community needs including restaurants, broadcast and recording studios, garden centers and/or plant nurseries, home improvement supply stores, etc. Staff notes that Table 17.30.030-1 also permits other community serving uses upon approval of a CUP, such as indoor entertainment, indoor fitness and sports facilities and childcare facilities, etc. Permitting the proposed Auto and Vehicle Storage use would meet no such community need and developing the entire site with the proposed Auto and Vehicle Storage use as proposed by the applicant would prevent this property from being developed with a variety of local and community serving businesses and uses which can occur on a parcel of this size and within this zone as evidenced by other parcels within the vicinity that have been developed with various other community serving uses which meet the needs of residents. • Goal LU-6 "promote(s) the stability of Southwest Rancho Cucamonga residential neighborhoods" whereas Policy LU-6.1 "continue(s) to encourage commercial and community services that meet community needs, and Policy LU-6.4 "support(s) infrastructure improvements that encourage investment in Southwest Rancho Cucamonga." Southwest Rancho Cucamonga has been historically underserved by restaurants and other neighborhood serving uses. The development pattern of Southwest Rancho Cucamonga can be characterized by industrial uses interspersed with existing single-family residential neighborhoods. This mix of incompatible land uses within proximity to each other can diminish the quality of life within residential neighborhoods. The proposed Auto and Vehicle storage meets no discernable community need for the residents of Rancho Cucamonga, which is contrary to Goal LU-6. As previously discussed, and pursuant to Table 17.30.030-1 (Allowed Land Use and Permit Requirements By Base Zoning District), the Development Code permits a variety of uses which may be considered to meet community needs including restaurants, broadcast and recording studios, garden centers and/or plant nurseries, and home improvement supply stores, etc. Staff notes that Table 17.30.030-1 also permits other community serving uses upon approval of a CUP, such as indoor entertainment, indoor fitness and sports facilities and childcare facilities, etc. Permitting the proposed Auto and Vehicle Storage use would meet no such community need and developing the entire site with the proposed Auto and Vehicle Storage use as proposed by the applicant would prevent this property from being developed similar to those surrounding parcels which are similarly situated and which are within the same zone which have been found house a variety of local and community serving businesses and uses for the benefit of the residents, particularly within southwest Rancho Cucamonga where residential neighborhoods historically have existed within close proximity to Resolution No. 2021-085 - Page 3 of 6 incompatible industrial uses. While Policy LU-6.4 discusses infrastructure improvements that encourage investment in southwest Rancho Cucamonga, it also acknowledges the critical importance of the area's services and buildings in improving and maintaining the stability and vitality of southwest Rancho Cucamonga. In the case of the subject project, the applicant proposes an Auto and Vehicle Storage with the GI District, which the Development Code identifies as the zone "Designate(d)...for the widest range of light and medium industrial activity." As previously noted, surrounding parcels which are similarly situated, and which are within the same zone have been found to house a variety of local and community serving businesses and uses for the benefit of the residents. The existence of these dynamic and varied uses creates a vitality which is critical to the stability of not only the immediate neighborhood, but to the whole of southwest Rancho Cucamonga. Permitting the proposed Auto and Vehicle Storage use which meets no discernable community need may adversely affect the vitality of this area, and therefore destabilize the community identity of southwest Rancho Cucamonga. Further, the project is not in compliance with Development Code Section 17.02.010.D, which requires that"use ofland or buildings for which an application is required pursuant to this title is to be approved for processing unless it is consistent with the land use element of the general plan." As the project is inconsistent with the land use and economic development elements of the general plan, the project is not in compliance with Development Code Section 17.02.010.D. Therefore, the proposed use does not comply with all applicable provisions of the zoning code, Municipal Code, general plan, and any applicable specific plans or city regulations/standards. b. The site is not physically suited for the type, density, and intensity of the proposed use. The site is not suited for the proposed Auto and Vehicle Storage use. A single-family residential neighborhood is located approximately 1,400 feet to the west of a single-family residential neighborhood. Notably immediately to the east of the project site, is an industrial park which contains a brewery(Rowdy's Brewery). Other uses within the vicinity of the project include, but are not limited to, a variet of neighborhood-serving uses such as a church, restaurants, personal service businesses �uch as barber shops and massage businesses and professional offices. The proposed Auto and Vehicle Storage use is incompatible with the surrounding uses as it would likely increase traffic, air pollution and noise as explained in subparagraph c below, which would be detrimental to the lower intensity uses which surround the subject site. Therefore, the site is not physically suited for the type, density, and intensity of the proposed use. c. Granting the permit will be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity in which the project is located. ). The proposed use involves the big-rig trucks entering and exiting the proposed facility at an entrance that is adjacent to the outdoor dining patio for Rowdy's Brewery, a location where families and residents are known to congregate. Locating the proposed use immediately next to uses such as this creates conflicts which could include traffic, air pollution and noise. For example, the Traffic Impact Assessment prepared for the project anticipates 18 truck trips per day, which is based on approximately 21 employees. At the June 9, 2021 Planning Commission meeting, the applicant provided new evidence which suggests that the number of employees would be approximately 97 individuals. It is anticipated that this increase in the number of employees would result in additional traffic, including truck trips, which was not analyzed as part of the Traffic Impact Assessment. Further, common impacts associated with truck and trailer traffic include increased Resolution No. 2021-085 - Page 4 of 6 - - - - particulate matter which reduces air quality, as well as increased noise impacts associated which such uses, which could include loading dock activity and truck movements such as engines starting and stopping, engine idling, and frequent vehicle braking. Therefore, the granting of the permit will be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(4)as a project that is disapproved by the City. The City Council concurs with the Planning Department's determination. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby denies the Appeal and upholds the Planning Commission's decision to deny Conditional Use Permit DRC2020-00439. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed t: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, Joonas Partanen, at the address identified in City records. Resolution No. 2021-085 - Page 5 of 6 PASSED, APPROVED, and ADOPTED this 4th day of August 2021. t h e B. Kennedy,y, Maya Pro Tern ATTEST: ice C. Reynolds, Cit Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 4th day of August 2021. AYES: Hutchison, Kennedy, Scott, Spagnolo NOES: None ABSENT: Michael ABSTAINED: None Executed this 5th day of August, 2021, at Rancho Cucamonga, California. Zv. nice C. Reynolds, CiKj Clerk Resolution No. 2021-085 - Page 6 of 6