RESOLUTION NO. 2024-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, DENYING BRIAN ANGELES’S APPEAL AND APPROVING PL24-0018 (ADMINISTRATIVE APPROVAL) FOR THE INSTALLATION OF A BACKUP GENERATOR FOR O’RELLY AUTO PARTS, LOCATED AT 12516 CENTRAL AVENUE (APN: 1015-371-02) WHEREAS, CASCO for O’Reilly’s Auto Parts (the “Applicant”), has filed an application with the City of Chino (the “City”) for approval of PL24-0018 (Administrative Approval) (the “Project”) for the approval for the installation of an exterior back-up generator, located at 12516 Central Avenue; and WHEREAS, on March 25, 2024, PL24-0018 (Administrative Approval) was approved by the Director of Development Services; and WHEREAS, Bryan Angeles (the “Appellant”) filed a timely appeal of the approval of the project; and WHEREAS, on June 19, 2024, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, and, after entertaining the written and oral report of staff, and taking public testimony, denied the appeal; and WHEREAS, Bryan Angeles (the “Appellant”) filed a timely appeal of the approval of the project; and WHEREAS, on September 3, 2024, the City Council held a duly noticed public hearing to consider applicant’s appeal.
NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
The foregoing recitals are true and correct and incorporated herein.
Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on the appeal and on PL24-0018 (Administrative Approval):
PL24-0018 (Administrative Approval)
The proposed Project is permitted within the subject zoning district and complies with all applicable provisions of this Zoning Code, including prescribed use and development standards, and design guidelines. The Project consists of an emergency backup generator, which is permitted with an administrative approval in the Commercial General (CG) land use designation of the Central Avenue Specific Plan and complies with all the applicable provisions of the City’s Zoning Code; The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of Project being proposed, as the proposed generator will be installed within an existing commercial center located at the southwest corner of Central and Walnut Avenues. The Project, which consists of an emergency backup generator, meets or exceeds all minimum zoning requirements. The only construction proposed in conjunction with the installation of the backup generator includes the generator itself and an 8-foot-high block wall enclosure; The proposed Project is compatible with those on abutting properties and in the surrounding neighborhood in that the project site is surrounded by commercial uses to the north, south and east including a shopping center on the north side of Walnut Avenue, commercial development on the east side of Central Avenue and the El Camino Real Plaza to the south. A residential condominium complex is located to the west of the project site. To ensure compatibility with the residential community, the generator will be setback 118 feet and nine inches from the west property line. Additionally, the generator will be equipped with a noise muffler and enclosed by an 8-foot-high block wall to minimize noise; The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare as this Project is consistent with the City of Chino’s General Plan and the Chino Municipal Code. The emergency backup generator will be enclosed by an eight-foot-high block wall, which will screen the generator completely from view and mitigate noise levels. The generator will also be equipped with a noise muffler. The operation of this generator will only take place during emergency power outages to allow the store to remain operational; The proposed Project will not have a significant adverse impact on the environment. In compliance with the California Environmental Quality Act (CEQA), staff has performed a preliminary environmental assessment of the proposed project and has determined that it falls within Class 1 Categorical Exemption set forth in CEQA Guidelines Section 15301, Existing Facilities; The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project. In addition, certain safeguards have been required of the Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”. Furthermore, the Project meets all required development standards and policies pertaining to commercial development in the City.
CEQA Findings. The City Council finds that, in compliance with the California Environmental Quality Act (CEQA), Pursuant to Guideline § (15309), (Existing Facilities), the Project qualifies as being categorically exempt from CEQA and will have no significant impact on the environment. Furthermore, none of the exceptions to the categorical exemptions set forth in the CEQA Guidelines 15300.2, apply to this project.
Deny the appeal and grant approval of PL24-0018 (Administrative Approval). The City Council hereby denies the appeal and approves PL24-0018 (Administrative Approval) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.
Actions by the City Clerk. The City Clerk is hereby directed to attest to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF SEPTEMBER 2024. _________________________
EUNICE M. ULLOA, MAYOR
ATTEST:
_____________________________
NATALIE GONZAGA, CITY CLERK
CITY OF CHINO
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss.
CITY OF CHINO )
I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Chino at a regular meeting held on the 3rd Day of September 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachment: Exhibit A – Conditions of Approval
01225.0005/813665.1
01225.0005/813665.1
resolution no. 2024-041