HomeMy WebLinkAbout8012RESOLUTION NO 8012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
FINDING THAT COMMERCIAL LANDSCAPE MAINTENANCE FACILITIES
SHALL BE DEEMED SIMILAR TO PERMITTED USES WITHIN THE
INDUSTRIAL (I -P) DISTRICT, AND APPROVING COMMISSION
DETERMINATION NO 64 FOR AN APPROXIMATELY FIVE -ACRE
PROPERTY LOCATED ON THE SOUTH SIDE OF SESSUMS DRIVE,
BETWEEN AVIATION DRIVE AND WABASH AVENUE (APNs 0168-041-13-
0000 and 0168-041-50-0000)
WHEREAS, Brent C Reiger (d b a BCR Investments, Inc) submitted an application for
Commission Determination No 64, to request that the Planning Commission make a Determination
of Similar Use that a "Commercial Landscape Maintenance Facility" is similar to a "Lumber Yard,"
which is a permitted use within the Industrial (1-P) Distnct, and therefore, a "Commercial Landscape
Maintenance Facility" shall be allowed as a permitted use within the Industrial (I -P) District, and
WHEREAS, this request is specifically to allow for the establishment of a Commercial
Landscape Maintenance Facility on an approximately 5 -acre vacant parcel located on the south side of
Sessuins Drive immediately south of the Redlands Municipal Airport, between Aviation Drive to the
west and Wabash Avenue to the east, identified as APNs 0168-041-13-0000 and 0168-041-50-0000,
and
WHEREAS, the proposed project is subject to the California Environmental Quality Act
(CEQA), the City has prepared an Initial Study and exercised its own independent judgment and
analysis, there is no substantial evidence that the proposed project inay have a significant effect on the
environment, the custodian of records is the City Planner and the Development Services Department,
and a Mitigated Negative Declaiation has been prepared in accordance with the State CEQA
Guidelines, and
WHEREAS, on July 9, 2019, the Planning Commission held a public meeting and considered
the staff report, oral report, the testimony and the written evidence submitted by and on behalf of the
applicant and by members of the public, and
WHEREAS, on July 9, 2019, the Planning Commission voted 5-0 and adopted Resolution
No 1439, recommending to the City Council the approval of Commission Detennination No 64, and
WHEREAS, the City Council held a public meeting on August 6, 2019, at wluch the City
staff and members of the public had the opportunity to provide verbal and written testimony on the
Socio-Econoinic Cost/Benefit Study for the Project, and
WHEREAS, following the hearing for Commission Determination No 64, the City Council
determined that approval of the requested Deterrnunation of Similar Use is in the best interest of the
public health, safety and general welfare,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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REDLANDS AS FOLLOWS
SECTION 1 CALIFORNIA ENVIRONMENTAL QUALITY ACT The City has prepared
an Initial Study for the proposed project, there is no substantial evidence that the proposed project
inay have a significant effect on the enviromnent, and a Mitigated Negative Declaration with a
Mitigation Monitoring/Reporting Program is the appropr;ate environmental determination in
accordance with the State CEQA Guidelines The City Council hereby adopts the Mitigated Negative
Declaration and Mitigation Monitoring/Reporting Program for the project
SECTION 2 FINDINGS FOR APPROVAL In accordance with Section 18 12 040 of the
Redlands Municipal Code, the City Council herby makes the following findings for approval of
Commission Determination No 64
A) The use is in confoi linty with the stated intent and purpose of the zone
The proposed commercial landscape maintenance facility at the location referenced above will
function as an operation yard for American Landscape & Maintenance, Inc It will be used for the
staging of approximately 12 landscaped maintenance vehicles including a fork-hft, service ofvehicles
and equipment when needed, use of six storage containers foi the keeping of small materials and/or
small hand tools, storage of landscaped materials such as PVC pipes and fittings, trees and shrubs, as
well as bulk materials such as bark, gravel It will be operated by maximum of 3 employees, with no
customers coaling to the site The operation of the proposed use is similar r mtensity and
characteristic to a Lumber Yard, which is a permitted use within the Industrial (I -P) District Further,
the use is in conformity with the stated intent and purpose of the Industrial (1-P) zone as in
accordance with Section 18 112 010 of the Redlands Municipal Code in that the proposed use protect
the lands from intrusion by mhannoriious nonindustrial uses and provides proper safeguards and
appropriate transition for surrounding land uses
B) Field Investigations have disclosed that the subject use and its open ation ai e compatible with the
uses permitted in the zone whei ezn it is pi oposed to be located
The project site is immediately south of the Redlands Municipal Airport and north of the Redlands
Sports Complex There is a two-story professional office building located in the front (north) portion
of the easterly adjacent parcel Otherwise, the surrounding area consisted of large vacant lots Due to
the fact that the surrounding area is largely undeveloped, and that the proposed use is compatible with
the Redlands Municipal Airport to the north, the Redlands Sports Complex to the south, as well the
professional office use to the east, the subject use and its operation are compatible with the uses
permitted in the zone as well as the existing uses in the vicinity
C) The subject use is siinrlai to one or moi e uses per netted in the zone within which it is proposed to
be located
The proposed Commercial Landscape Maintenance Facihty is similar to a Lumber Yard, which is a
penmtted use within the Industrial (I -P) District
D) The subject use will not cause substantial injury to the use of pi operty in any abutting zone
I Vteso[utions\Rcs 8000 8099/8012 Commission Determination No 64 doe
The closest abutting zones are the Airport (A --D) District to the north for the Redlands Municipal
Airport, and the Open Space (0) District to the west and south for the Redlands Sports Complex
The subject use is light industrial in nature, and is compatible with both the Airport (A -D) District and
the Open Space (0) District Therefore, the subject use will not cause substantial injury to the use of
property in any abutting zone
SECTION 3 SITE PLAN APPROVAL In accordance with Section 18 12 080(D) of the Redlands
Municipal Code, the City Council hereby makes the following findings approving the Site Plan for
Commission Detern-mation No 64
1) The site for the intended use is adequate m si:e and shape to accommodate the use, and all of the
required yards, setbacks, walls or fences, landscaping and other featur es will adjust the use to those
existing or per matted futur e uses of the land in the neighbor hood
The site is approxunately 5 acres and is generally flat It is of adequate size for a commercial
landscape maintenance facility All the required yards, setbacks, fences, driveway, parking lot, and
landscaping shown on the applicant's site plan will adjust the use to those existing or pennitted future
uses of the land in the neighborhood
2) The site for the proposed use relates to streets and highways which ar e pr open ly designed and
ilrzpr oved to car ry the type and quantity of ti affic gene! ated or to be gener ated by the pi oposed use
As analyzed in the Transportation & Traffic section of the Initial Study/Mitigated Negative
Declaration prepared for this project, the proposed commercial landscape maintenance facility will
generate 27 roundtnps rnaxunum business day, or an average of 3 trips per hour This traffic volume
is lower than other typical uses allowed within the Industrial (I -P) District The surrounding streets
leading to the subject site have been designed and improved to fully absorb the type and quantity of
the tiaffic to be generated by the proposed use
3) The conditions set for th in the appy oved and those shown on the appi oved site plan
a! e deemed necessary to pi otect the public health, safety and gener al welfare Such
conditions may include
a Special yards, spaces and buffers,
b Fences and walls,
c Surfacing of par king ar eas subject to city specifications,
d Regulation of points of vehicular ing; ess and egi ess
e Regulation of signs,
f Requir ed landscaping and maintenance the! eof,
g Regulation of noise, vibration, odors and lights,
h Regulation of tune for co rain activities, and
i Such other conditions as wall make possible the development of the city in an
orderly and efficient manner and in conformity with the intent and purposes set
foi th an this title
There are rio permanent structui es proposed with this project The apphcant's site plan shows
n
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1.1Resolutions\Res 8000 8099\8012 Coinintsscon Deteranmatton No 64 doc
a new driveway, new gate, chain-link fence to surround the property, a new landscaped area
along the street frontage, a new parking lot providing 19 surface parkmg spaces, an area for 6
large storage containers, a nursery stock storage area on gravel, and the remainder of the site
will function as the nursery stockyard
The apphcant's proposed landscaped area along the street frontage will provide buffers from
surrounding uses, the parking stalls and surfacing are designed to meet the City's
specifications, and the proposed ingress and egress meets the City's traffic safety standards In
addition, the apphcant's proposed business hours are standard business hours for industrial
activities, and that the site will not be visited by customers The proposed use will not involve
excessive signage Further, as analyzed in the Initial Study/Mitigated Negative Declaration
prepared for this project, the proposed commercial landscape maintenance facility will not
create significant impacts on noise, vibration, odors, and hghts
SECTION 4. This Resolution shall become effective upon adoption
ADOPTED AND APPROVED this 6th day of August, 2019
etti_siu6
au1 W Foster, Mayor
ATTEST
tfrAtit—e_
Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of City of Redlands, do hereby certify that the foregoing Resolution
was duly adopted by the City Council at a regular meeting thereof held on the 6th day of August
2019, by the following vote
AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster
NOES None
ABSTAIN None
ABSENT None
e Donaldson, City Clerk
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EXHIBIT A
CONDITIONS OF APPROVAL
COMMISSION DETERMINATION NO 64
1 The issuance of any permits shall comply with all provisions of Redlands Municipal Code
2 This approval for Commission Determination No 64 is to determine that a Commercial
Landscape Maintenance Facility is a similar use to Lumber Yard and shall be permitted
within the Industrial (I -P) zone, for the establishment of a commercial landscape maintenance
facility at an approxinately 5 -acre site located on the south side of Sessuins Drive
immediately south of the Redlands Municipal Airport, between Aviation Drive to the west
and Wabash Avenue to the east, identified as APNs 0168-041-13 and 0168-041-50
3 All plan submitted to the City shall reflect Planning Commission approval and any other
changes required by the Commission and/or staff
4 The applicant shall not make any modifications or changes during construction that are in
conflict or contrary to the project's approved design without first consulting with the
Development Services Director or his/her designee
5 Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or
exactions unposed by the City as a condition of approval of this project ase subject to a
statutory ninety (90) day protest period Please be advised that the ninety (90) day protest
period for those fees, dedications, reservations and exactions which are subject to
Government Code Section 66020(a) has commenced to run on the date this project was
approved by the City
6 The property owner and applicant and their successors and assigns shall defend, by paying
for the defense costs of the City of Redlands (for counsel retained by the City), indemnify
and hold harmless the City of Redlands, as its elected officials, officers, employees, and
agents, from and against any and all claims, actions, and proceedings (collectively "Claims")
to attack, set aside, void or annul the approval ofthis Commission DetennilationNo 64 and
the proposed Connnnercial Landscape Maintenance Facility associated with it revision by the
City, or Claims brought against the City due to acts or omissions in any way connected to
the applicant's project that is the subject of thus permit This uideiniufication shall include,
but not limited to, damages, fees, costs, habihties, and expenses incurred in such action or
proceedings, including damages for the injury to property or persons, including death of a
person, and any award of costs or attorneys' fees In the event any such actions is
commenced to attack, set aside, or void or annual all, or any, provisions of this permit, or is
commenced for any other reason against the City for acts or omissions relating to the
applicant's project, within fourteen (14) City business days following notice of such action
from the City, the applicant shall file with the City a performance bond or irrevocable letter
of credit, or other form of security satisfactory to the City (The "Security") in a form
satisfactory to the City, and in the amount of $300,000, to ensure applicant's performance of
its defense and indemnity obligations under this condition The security amount shall not limit
the total indemnity obligation of the applicant pursuant to this condition The failure of the
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applicant to provide the Security shall be deemed an expiess acknowledgement and
agreement by the applicant that the City shall have the authority and right, without objection
by the apphcant, to revoke all entitlements granted for the project pursuant to this permit
The City shall have no habihty to the applicant foi the exercise of City's right to revoke this
permit
7 Any expansion to 01 change in type of operation of the proposed Commercial Landscape
Maintenance Facihty beyond what was analyzed in the Initial Study/Mitigated Negative
Preparation prepared for this project shall require evaluation and/or approval by the
Development Services Director or his/hei designee
8 By signing and/or using this penult, the pennittee acknowledges all ofthe conditions apposed
and accepts this permit subject to those conditions and with full awareness ofthe provisions
of Redlands Municipal Code Chapter 18 193 These conditions are binding upon all future
property owners and occupants of the subject property
9 A copy of the approved Conditions of Approval shall be included on the cover page of
construction plans (if any) submitted to the Building Division
10 Developer shall provide and maintain off-street parking for the subject property, including
the number/types of spaces, stall dimensions, paving, stnpmg, location, and access, as
required by the Redlands Municipal Code
11 All landscaped areas noted on the site plan shall be permanently maintained with healthy
planting material, and whenever necessary shall be replanted with suitable vegetation
12 Developer shall arrange foi materials collection dun ng construction, demolition, and
occupancy with the City's Sohd Waste Division, or Developer shall arrange foi self -hauling
to an authorized facility
13 An irrigation plan will be required during the plan check process The apphcant shall
demonstrate that water usage for the landscaped area associated with the amplutheater as
well as the garden complies with the City's Water Efficient Landscape Ordinance (WELO)
requirements
14 Developer shall comply with all Mitigation Measures (repeated in the following conditions)
and related requirements as identified in the Initial Study/Mitigated Negative Declaration and
Mitigation Monitoring/Reporting Program prepared for the project Prior to issuance of any
building and engmeenng/grading permits to construct the project (unless otherwise specified
by the mitigation measure), Developer shall provide sufficient infonnation to the Planning
Division to ascertain compliance with applicable conditions/mitigations
15 Mitigation Measure Bio -1 High level of dingence is required to ensure the effectiveness of
the SBKR proof fencing On an on-going basis, for as long as the commercial landscape
maintenance facility is operating on the site, the mtegnty of the entire fence line shall be
checked quarterly to ensure that no breaches of the chain link fence or buried SBKR-proof
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fencing has occurred Even a small opening or sagging wire can be climbed by SBKR
Written documentation shall be provided to the City of Redlands Planning Division each
quarter verifying that no bleaches have occurred and the both fences are intact
Accompanying photographs shall be submitted with each quarterly report (email reports are
acceptable if detail and visual documentation is adequate) The City may require monthly
reports in its sole discretion If a breach is discovered, it shall be repaired within 48 hours
The City shall be notified within 24 hours ofboth the discovery ofthe breach and repair of
the fence Photographs shall be taken that document the extent of the breach and the
subsequent repair The written report shall be submitted to the City's Plain ng Division
within 48 hours of the repair Failure to comply with Mitigation Measures Bio -1, as
detennmed by the City's Plaimmg staff, shall require that a certified SBKR biologist conduct
a habitat assessment of the site to determine if the failuie has resulted in access to and
recolonization of the site SBKR Once the biologist can verify that there are not visually
signs (e g , burrows, tail drags, dusting baths) of kangaroo rat, monthly monitoring shall
resume as defined in Mitigation Measures Bio- 1 Quarterly (or monthly, if required)
inomtoring shall continue until the start of site construction including of the use of the site,
but not limited to, clearing, grading, grubbing, or excavation, or any other activity that
results in land disturbance
16 Mitigation Measure Bio -2. Current site conditions shall be maintained at all tines in order
to ensure that site will not become suitable for SBKR The site shall be maintained free of
vegetation, non-native and native, and the soils shall be re -compacted following each grading
event or clearing of vegetation This is needed to ensure soil characteristic rernamunsuitable
for SBKR burrowing Photographs of soil condition, as well as documentation of weed
abatement activities, disking of the property, and compacting of the soil shall also be
provided in the quarterly report required under Mitigation Bio -1 The City may require
monthly reports from the applicant in its sole discretion Failure to comply with Mitigation
Measures Biol-2, as determined by the City's Planning staff, shall require that a certified
SBKR biologist conduct a habitat assessment of the site to determine if the failure has
resulted in access to and recoloni7ation ofthe site SBKR Once the biologist can verify that
there are not visually signs (e g , burrows, tail drags, dusting baths) ofkangaroo rat, monthly
monitoring shall resume as defined in Mitigation Measures Bio -2 Quarteily (or monthly, if
required) monitoring shall continue until the start of site construction including or the use of
the site, but not limited to, clearing, grading, grubbing, or excavation, or any other activity
that results in land disturbance
17 Mitigation Measure Bio -3• Prior to construction or the use ofthe site, including, but not
limited to, clearing, grading, grubbing, or excavation, or any other activity that results in land
disturbance, a certified SBKR biologist shall conduct a habitat assessment of the site to
determine if the site has been maintained free of vegetation, that the soils remain heavily
compacted soils and burrow free, and that the SBKR-proof fence system is still intact and
fully functioning to prevent SBKR from entering the site If the SBKR biologist can verify
that the site conditions (free of vegetation, heavily compacted soils, and that the site is still
isolated by the SBKR-proof fence) have been properly maintained and that there is no
evidence of SBKR or other rodent use of the site, then a ficial written report will document
that the pending development ofthe site will not inpact SBKR and a federal Incidental Take
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Permit from USFWS will not be required Development can proceed
18 Mitigation Measure Hydro -1. If during construction it is determined that inose than
one acre will be distuibed for any construction or demolition activity, including, but not
Invited to, clearing, grading, grubbing, or excavation, or any other activity that results in
a land disturbance of equal to or greater than one acre, the site owner will file for a
General Construction Pennit, also knowns as a Storm Water Pollution Prevention Plan
(SWPPP), with the State of California
19 TCR -1 • If human remains are encountered during grading and other construction
excavation, work in the immediate vicinity (60 feet radius) shall cease and the County
Coronei shall be contacted pursuant to California Health & Safety Code Section 7050 5
California Health & Safety Code Sections 7050 5 through 7055 As required by state law,
the requirements and procedures set forth in Public Resources Code Section 5097 98 would
be unplemented, including notification of the County Coroner, notification of the Native
American Heritage Commission and coordination with the individual identified by the Native
American Heritage Commission to be the "most likely descendant "
20 TCR -2: In the event that Native American cultural resouices are discovered during project
development/construction, all work in the immediate vicinity (60 feet radius) ofthe find shall
cease and a qualified archaeologist meeting Secretary of the Interior's Standards shall be
hired to assess the find Work on the overall project may continue during this assessment
period
a If significant Native American cultural resources are discovered, for which a
Treatment Plan must be prepared by the archaeologist, in coordration with consulting
tribes, and all subsequent finds shall be subject to this Plan This Plan shall allow for a
monitor representnlg each consulting tribe to be present for the remaindei of the
project, should any consulting tribe elect to place a monitor on-site
b If requested by the consulting Native American Tribe(s), the developer or the project
archaeologist shall, in good faith, communicate and coordinate resolution efforts on
the discovery and its disposition (e g avoidance, preservation, return of artifacts to
tribe, etc )
21 The attached conditions of approval from the following City Departments/ Divisions are
applicable to the project, and are hereby incorporated by reference
A Municipal Utilities & Engrneerrng Department
Basan Desatnrk,
Development Services Director
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