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HomeMy WebLinkAbout728 - Ordinances ORDINANCE NO. 728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-01163, A REQUEST TO CHANGE THE LAND DESIGNATION FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 80 ACRES AND FROM VERY LOW RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO FLOOD CONTROL/RESOURCE CONSERVATION FOR APPROXIMATELY 45 ACRES OF LAND, GENERALLY LOCATED NORTH OF WILSON AVENUE BETWEEN EAST AVENUE AND WARDMAN BULLOCK ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF APN: 0225-084-08 (PORTION) AND 09 AND 0226-081-05, 06, 07, 08, '11, 12 AND '13. A. RECITALS. 1. The City of Rancho Cucamonga seeks approval of a series of actions related to the annexation of approximately 300 acres of land from unincorporated San Bernardino County into the City of Rancho Cucamonga, and the approval of a General Plan Amendment and Etiwanda North Specific Plan Amendment. The changes in General Plan designation and in the Etiwanda North Specific Plan will reduce the acreage permitted for development by 45 acres by changing the General Plan designation for a 45-acre portion of the property from Very Low Residential (.1-2 dwelling units per acre) to Conservation and changing that portion of the project site in the Etiwanda North Specific Plan from Very Low Residential (.1-2 dwelling units per acre) to Flood Control/Resource Conservation. At the same time, a change is proposed to allow a change in residential density on 80 acres of the property from a General Plan designation of Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) and a change for that 80-acre portion of the property in the Etiwanda North Specific Plan from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre). These changes in designation for the 80 acres of the site proposed for development will increase the allowable number of dwelling units on the property from 168 to 218 (an increase in 50 dwelling units). The requested actions do not include approval of a specific development proposal orthe subdivision ofthe property. These series of actions and approvals are hereinafter defined in this Ordinance as the "Project." 2. The City of Rancho Cucamonga has submitted the following applications relating to the Project: Annexation DRC2003-01164, General Plan Land Use Amendment DRC2003-01162, and Etiwanda North Specific Plan Amendment DRC2003-01163 (collectively the "Project Applications"). Ordinance No. 728 Page 2 of 9 3. The property to the north of the subject site is designated Very Low Residential (. 1-2 dwelling units per acre) and Flood Control/Utility Corridor and is comprised of vacant land, flood control, and utility corridors, and is the proposed site of Tentative Tract Map 16324, also referred to as the Henderson Creek property, for which a General Plan amendment has been filed to change the land use designation from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre). The property to the south is designated Conservation/Flood Control, Mixed Use, and Very Low Residential (.1-2 dwelling units per acre) and includes Etiwanda Creek, Fire Station No. 176, and vacant land. The property to the east is designated Very Low Residential (.1-2 dwelling units per acre) and includes Sheridan Estates and Brentwood Estates. The property to the west is vacant and is designated Low Residential (2-4 dwelling units per acre) and Very Low Residential (.1-2 dwelling units per acre) and is the proposed site of Tentative Tract Map 16072, also referred to as the Richland Pinehurst property. 4. On May 26, 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application, concluded said hearing on that date, and recommended approval by way of Resolution No. 04- 68. 5. On June 16, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. 7. The City Council has reviewed and considered the associated Initial Study and Negative Declaration prepared for said project. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the facts and information contained in the record of this project, the City Council makes the following findings and statements, and takes the following actions, pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et. seq.): a. Pursuant to CEQA and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the Project. Ordinance No. 728 Page 3 of 9 b. Based upon the findings contained in the Initial Study, City staff determined that, with the imposition of mitigation measures, there was no substantial evidence that the Project would have a significant effect on the environment and a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period (commencing on April 21,2004 and ending on May 26, 2004) and of the intent to adopt the Mitigated Negative Declaration. c. The City Council has reviewed the Mitigated Negative Declaration and all comments received prior to and at the June 16, 2004 public hearing and, based on the whole record before it, finds that the Mitigated Negative Declaration was presented to the City Council for consideration and that it was prepared in compliance with CEQA. d. The City Council finds, based on the whole record, including the Initial Study, Mitigated Negative Declaration, comments to the Mitigated Negative Declaration, staff report, and staff and public testimony received at the Planning Commission and City Council hearings, that there is no substantial evidence that the Project will have a significant effect on aesthetics, agricultural resources, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. The conclusions for these findings are contained in the analysis of potential impact to these resources that is contained after the listing of each resource in the Initial Study. e. The City Council finds, based on the whole record, including the Initial Study, Mitigated Negative Declaration, comments to the Mitigated Negative Declaration, staff report, and staff and public testimony received at the Planning Commission and City Council hearings, that the impacts to the resources and services listed in this paragraph will be reduced to less than significant levels with mitigation measures: i. Air Quality. The eventual development of the Project site with homes will result in short-term construction related air quality impacts from on-site stationary sources, construction vehicles, construction worker vehicles and energy use. Eleven mitigation measures will be imposed that include, but are not limited to, requiring the proper maintenance of equipment, utilization of Iow-emission mobile construction equipment where feasible, use of paints and coatings that meet SCAQMD standards, implementation of measures designed to reduce fugitive dust such as landscaping, phased grading, street sweeping and the suspension of grading operations during high wind periods, the use of water and soil-stabilizing agents, and other measures designed to reduce project emissions, including the use of electric or clean alternative fuel powered equipment where feasible, the incorporation of Iow polluting mechanical equipment for residential structures, and the use of thermal pane windows and weather-stripping. With these mitigation measures, the City Council finds that the Project's impacts to air quality will be mitigated to a level of less than significant. Ordinance No. 728 Page 4 of 9 ii. Biolo.qical Resources. This Project does not include the approval of any development of the site and reduces the podion of the site authorized for development by 45 acres. However, to address impacts from potential development of the site, mitigation measures have been imposed to require developers who propose development within the Project site to prepare a Biological Resoume Habitat Assessment for the area of the proposed development and to acquire and convey to the County of San Bernardino, or some other qualified conservation entity as approved by the City, land that suppods Riversidean Alluvial Fan Sage Scrub (RAFSS) habitat at a ratio of one acre for each acre of RAFSS disturbed by the proposed project. With these mitigation measures, the City Council finds that the impacts to biological resources will be mitigated to a level of less than significant. iii. Cultural Resources. Although this Project does not involve the approval of any specific development project for the site, there is the potential that when developed, Native American archeological resources could be discovered. Mitigation measures have been imposed to require the use of a qualified archaeologist to monitor construction activities, and to have a qualified paleontologist conduct a pre-construction survey of the site and to follow specified protocols for the salvage of any important resources. With these mitigation measures, the City Council finds that the impacts to cultural resoumes are mitigated to a level of less than significant. iv. GeoloRy and Soils. The Etiwanda Avenue Scarp segment of the Red Hill Fault Zone traverses a portion of the Project site. In accordance with the Alquist-Priolo Earthquake Fault Zone Act, any future development of the site within the Etiwanda Avenue Scarp segment must be accompanied by a geotechnical analysis to determine site-specific mitigation measures. In order to controldust and erosion, four mitigation measures are imposed that include, stabilization of the soil to reduce particulate emissions, requiring the sweeping of area streets, suspending grading operations in high wind conditions, and the use of chemical soil stabilizers. With these mitigation measures, the City Council finds that the impacts to geology and soils will be mitigated to a level of less than significant. v. Hazards and Waste Materials. The Project site faces on-going threats of wind-driven rites and is within a hazardous fire area. The Project site was burned during the October 2003 Grand Prix fire, and after the vegetation returns, the area is likely to face additional wind- driven fire risks in the future. To protect against these threats, mitigation measures are imposed that require the development of the site to comply with standards imposed by the Rancho Cucamonga Fire Protection District, and the preparation and implementation of a Fuel Modification Plan. During site planning of any development of the site, fire protection landscaping, design features and planning will be made a part of that development proposal. With these mitigation measures, the City Council finds that the risks of wind-driven fire will be mitigated to a level of less than significant. Ordinance No. 728 Page 5 of 9 vi. Noise. Although no development project is approved with this Project, during future construction of the site, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, is anticipated to generate noise exceeding City standards. Mitigation measures have been imposed to regulate the hours of construction operations, to require the developer to hire a consultant to perform weekly noise level monitoring, and to impose additional measures if construction noise exceeds City standards. With these mitigation measures, the City Council finds that the short- term noise impacts from the development of the site will be mitigated to a level of less than significant. f. The City Council finds, based on the whole record, including the Initial Study, Mitigated Negative Declaration, comments to the Mitigated Negative Declaration, staff report, and staff and public testimony received at the Planning Commission and City Council hearings, that the Project has the potential for contributing to the cumulative impacts identified in the Program EI R for the 2001 City of Rancho Cucamonga General Plan. Upon approval of that General Plan, the City adopted a Statement of Overriding Considerations of significant adverse environmental effects to aggregate resources, prime farmland, air quality, the acoustical environment, libraryservices, aesthetics and visual resources. Mitigation measures were imposed; however, they did not reduce impacts to less than significant levels. The City Council found that the benefits of the General Plan, including less overall traffic volumes as a result of pedestrian-friendly mixed use development and conservation of valuable open space, outweighed the unavoidable impacts from the General Plan. This Project is within the scope of the General Plan EIR and the City Council finds that by clustering the development into a smaller area, that the changes proposed by this Project are consistent with the General Plan's intent to reduce traffic volumes and preserve open space. g. The City Council finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on all of the findings contained in this Ordinance, and the evidence in the record, the City Council hereby adopts the Mitigated Negative Declaration prepared for the project. h. The mitigation measures in the Mitigated Negative Declaration that correspond to the environmental impacts which may result from the Project are hereby adopted and made a condition of approval of, or incorporated into, the Project. i. The City Council has also reviewed and considered the Mitigation Monitoring Program for the Project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council hereby Ordinance No. 728 Page 6 of 9 adopts the "Mitigation Monitoring Plan" attached as Exhibit "F" to the June 16, 2004 City Council staff report for this Project. The Mitigation Monitoring Plan shall be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of Project approval as set forth in this Section of this Ordinance and in the Mitigation Monitoring Plan. j. The City Council designates the custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision is based to be the office of the City Planner of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing on June 16, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The proposed changes in land use designation for the site will provide for a greater portion of the annexed area to be designated for conservation and open space. This change is consistent with Rancho Cucamonga General Plan Policy 2.4.4.5, which seeks to have the City preserve a significant portion of the North Etiwanda Area for open space and conservation. b. The proposed change in density of residential development allowed on the Project site is consistent with neighboring properties, including the proposed Henderson Creek development and the proposed Richland Pinehurst development, and is consistent with General Plan Poticy 2.5.2.2, which expresses an intention to apply the Low Density designation to portions of Etiwanda and into the City's Sphere of Influence where the level of services, including reads, shopping and recreational opportunities, are not sufficient to justify higher densities. c. The proposed change in land use designation will promote housing opportunities and help achieve the City's regional share of housing needs. d. The amendment would not be materially injurious or detrimental to the adjacent properties because the land uses and intensities of residential uses allowed are consistent and compatible with the type of housing and open space conservation areas abutting the proposed development. e. The proposed change in designations are also consistent with the provisions of the North Etiwanda Specific Plan which encourages retention of open space and the extension of the image of Old Etiwanda into this area, with relatively large lots and opportunities for an equestrian lifestyle. Ordinance No. 728 Page 7 of 9 SECTION 4: Based upon the findings and conclusions set forth in Sections 1, 2 and 3 above, this Council hereby approves Etiwanda North Specific Plan Amendment DRC2003-01163 to change the land use designation from Very Low Residential (. 1 - 2 dwelling units per acre) to Low Residential (2 - 4 dwelling units per acre) for approximately 80 acres and from Very Low Residential (.1 - 1 dwelling units per acre) to Flood Control/Resource Conservation for approximately 45 acres of land, as shown on Exhibit "A" to this Ordinance. SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional bythe decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Please see the following page for formal adoption, certification and signatures Ordinance No. 728 Page 8 of 9 PASSED, APPROVED, AND ADOPTED this 7th day of July 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None ~xande' ' . ~or, ATrEST: K i S/cott, CMC, Deputy City Clerk I, KATHYRN L. SCOTI', DEPUTY CITY CLERK of the City of Rancho Cucamonga, California do hereby cedify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 16 h day of June 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day July of 2004. Executed this 8th day of July 2004, at Rancho Cucamonga, California. Kath~n L.~ott, CMC, Deputy City Clerk Ordinance No. 728 Page 9 of 9 ETIWANDA CREEK ANNEXATION DRC2003-01163 (ENSPA) ~ / ~- / ENSP AMENDMENT ETIWANDA CREEK ANNEXATION ~"'~ PROPOSED RF:SOURCE CONSERVATIO~'~'~ VERY LOW <2 (~O