COUNTY OF RIVERSIDE PLANNING DEPARTMENT STAFF REPORT

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Agenda Item No.: 5.4 Area Map: Jurupa Zoning District: Prado-Mira Loma Supervisorial District: Second Project Planner: Christian Hinojosa Planning Commission: February 3, 2010 Conditional Use Permit No. 3488 CEQA Exempt Applicant: Jorge Arriaga Engineer/Representative: Penco Engineering, Inc. COUNTY OF RIVERSIDE PLANNING DEPARTMENT STAFF REPORT PROJECT DESCRIPTION AND LOCATION: Conditional Use Permit No. 3488 proposes to legalize an unpermitted and operating trucking and parking business, Toltec Freight Systems, for 24 trailer and tractor parking spaces and 7 standard spaces. The project proposes to construct a new 1,000 square foot caretaker residence and include 7,770 square feet (16%) of new landscaping area on a 2.39 gross (2.33 net) acre site. The existing 1,000 square foot garage and 1,620 square foot storage building will be permitted and subsequently redeveloped. The project site is located in the Community of Mira Loma within the Jurupa Area Plan in Western Riverside County; more specifically, northerly of Limonite Avenue and easterly of Etiwanda Avenue. PROJECT OPERATIONS: The services provide a maximum of 12 trailers with up to 12 tractors to haul the trailers. The tractor / trailer unit typically leaves and returns to the site empty (no loading or unloading operations on the site). During a normal busy week, 5 trucks leave the site around 12 noon and normally return between 6 A.M. and 6 P.M. during the week. Maintenance of the trucks is limited to cleaning and light maintenance during the hours of 9 A.M. to 5 P.M. All heavy maintenance / repair and dispatching are accomplished off-site. BACKGROUND: The project was cited by the Riverside County Code Enforcement Department on September 15, 2005 for an unpermitted land use and for operating an unauthorized business without Planning Department approval. The property owner / applicant, Jorge Arriaga, filed a Conditional Use Permit application on December 20, 2005 and the most recent Land Development Committee (LDC) Meeting was scheduled for December 10, 2009. The applicant and their representative have been working in good faith to achieve resolution to most of the issues raised during the LDC Process. SUMMARY OF FINDINGS: 1. Existing Land Use (Ex. #1): Trucking Business 2. Surrounding Land Use (Ex. #1): Commercial to the north, Commercial and Vacant Land to the south, and Single Family Residences to the east and west 3. Existing Zoning (Ex. #2): Scenic Highway Commercial (C-P-S) 4. Surrounding Zoning (Ex. #2): Scenic Highway Commercial (C-P-S) to the north, General Commercial (C-1/CP) to the south, Light Agriculture (A-1) to the east, and Residential Agriculture 1/2 Acre Minimum (R- A-1/2) to the west

Page 2 of 5 5. General Plan Land Use (Ex. #5): Community Development: Commercial Retail (CD: CR) (0.20-0.35 Floor Area Ratio) 6. Surrounding General Plan Land Use (Ex. #5): Community Development: Commercial Retail (CD: CR) (0.20-0.35 Floor Area Ratio) to the north and south, and Rural Community: Low Density Residential (RC: LDR) (1/2 Acre Minimum) to the east and west 7. Project Data: Total Acreage: 2.39 Gross (2.33 Net) Total Number of Proposed & Existing Buildings: 3 Total Proposed & Existing Building Area: 3,620 Square Feet Total Landscape Area: 7,770 Sq. Ft. (16%) Total Parking Spaces: 7 Total Trailer & Tractor Parking Spaces: 24 8. Environmental Concerns: CEQA Exempt Per Section 15303, New Construction or Conversion of Small Structures RECOMMENDATIONS: APPROVAL of CONDITIONAL USE PERMIT NO. 3488, subject to the attached conditions of approval, and based upon the findings and conclusions incorporated in the staff report. CONCLUSIONS: 1. The proposed project is in conformance with the Community Development: Commercial Retail (CD: CR) (0.20-0.35 Floor Area Ratio) Land Use Designation, and with all other elements of the Riverside County General Plan including the applicable Policy Areas. 2. The proposed project is consistent with the Scenic Highway Commercial (C-P-S) zoning classification of Ordinance No. 348, and with all other applicable provisions of Ordinance No. 348. 3. The proposed project is consistent with the adopted policies of the Jurupa Valley Redevelopment Project Area (JVPA) and the Equestrian Sphere Policy Area. 4. The public s health, safety and general welfare are protected through project design. 5. The proposed project is compatible with the present and future logical development of the area. 6. The proposed project will not have a significant effect on the environment. 7. The proposed project will not preclude reserve design for the Multi-Species Habitat Conservation Plan (MSCHP). FINDINGS: The following findings are in addition to those incorporated in the summary of findings, which is incorporated herein by reference. 1. The project site is designated Community Development: Commercial Retail (CD: CR) (0.20-0.35 Floor Area Ratio) on the Jurupa Area Plan.

Page 3 of 5 2. The proposed use, trucking operation and parking business, is a permitted use in the Community Development: Commercial Retail (CD: CR) (0.20-0.35 Floor Area Ratio) land use designation. 3. The project site is surrounded by properties which are designated Community Development: Commercial Retail (CD: CR) (0.20-0.35 Floor Area Ratio) to the north and south, and Rural Community: Low Density Residential (RC: LDR) (1/2 Acre Minimum) to the east and west. 4. The zoning for the subject site is Scenic Highway Commercial (C-P-S). 5. The proposed use, trucking operation and parking business, is a permitted use, subject to approval of a conditional use permit in the Scenic Highway Commercial (C-P-S) zone under Section 9.50.e which the Planning Director finds that the proposed use is substantially the same in character and intensity as Sections 9.50.b (15) trailer and boat storage and (17) truck sales and services. 6. The proposed use, trucking operation and parking business, is consistent with the development standards set forth in the Scenic Highway Commercial (C-P-S) zone. 7. The proposed use, trucking operation and parking business, is consistent with the surrounding uses. 8. The project site is surrounded by properties which are zoned Scenic Highway Commercial (C-P- S) to the north, General Commercial (C-1/CP) to the south, Light Agriculture (A-1) to the east, and Residential Agriculture 1/2 Acre Minimum (R-A-1/2) to the west. 9. Within the vicinity of the proposed project there is commercial to the north, commercial and vacant land to the south, and single family residences to the east and west. 10. The proposed project is consistent with the objectives of the Equestrian Sphere Policy of the Jurupa Area Plan. 11. The Redevelopment Development Agency (RDA) has reviewed the proposed project and has determined that the project is consistent with the objectives of the Jurupa Valley Redevelopment Project Area (JVPA). 12. This project is not located within a Criteria Area of the Multi-Species Habitat Conservation Plan. 13. The proposed use is subject to the California Environmental Quality Act Section No. 15303, New Construction or Conversion of Small Structures. This section states Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include but are not limited to the following: c) A store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of

Page 4 of 5 significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 1. The project includes a 1,000 square foot caretakers unit on the existing project site, in an urbanized area. The project does not propose, nor will it be allowed the use of a significant amount of hazardous substances. 2. The project does not exceed 10,000 square feet of floor area. 3. The project currently has public water, gas, and electric on site and is served by the applicable utilities. 4. The project currently utilizes on-site sewage disposal for waste water treatment. This on-site sewage disposal system has been reviewed by the County Department of Environmental Health and found to be acceptable for the proposed use, which is a trucking operation and parking business. 14. The proposed use is categorically exempt from the California Environmental Quality Act per Section No. 15303, New Construction or Conversion of Small Structures. INFORMATIONAL ITEMS: 1. As of this writing, no letters, in support or opposition have been received. 2. The project site is not located within: a. An Area subject to the Mt. Palomar Lighting Ordinance No. 655; b. A City of Sphere of Influence; c. The SKR Fee Area (Ordinance No. 663.10); d. A Airport Influence Area; e. An Agriculture Preserve; f. A WRCMSHCP Criteria Cell; g. A High Fire area; h. A County Fault Zone; i. A Flood Zone; or, j. A Dam Inundation Area. 3. The project site is located within: a. The Boundaries of the Jurupa Area Plan; b. An MSHCP Fee Area (Ordinance No. 810); c. A Development Impact Fee Area (Ordinance No. 659); d. The Santa Ana Water Company; e. The Day Creek Area Drainage Plan (ADP); f. A Circulation Element Right-Of-Way (Arterial128' ROW); g. The Jurupa Valley Redevelopment Project Area (JVPA); h. The Equestrian Sphere Policy Area; i. A High Paleontological Potential (High A); j. An Area High Liquefaction Potential; k. An Area Susceptible to Subsidence; and,

Page 5 of 5 l. The boundaries of the Jurupa Unified School District. 4. The subject site is currently designated as Assessor s Parcel Number 161-300-004. 5. This project was filed with the Planning Department on 12/20/2005. 6. This project was reviewed by the Land Development Committee 5 times on the following dates 4/12/2007, 6/05/2008, 9/17/2008, 6/04/2009 and 12/10/2009. 7. Deposit Based Fees charged for this project, as of the time of staff report preparation, total $40,516.36.