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HomeMy WebLinkAbout00-62 - Resolutions RESOLUTION NO. 00-62 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MITIGATION MONITORING PROGRAM AND CHECKLIST FOR DEVELOPMENT REVIEW 99-11, A 140-ACRE MASTER PLAN KNOWN AS THE RANCHO CUCAMONGA CORPORATE PARK, CONSISTING OF A MIX OF COMMERCIAL AND INDUSTRIAL DEVELOPMENT IN THE INDUSTRIAL PARK(SUBAREA 7)AND GENERAL INDUSTRIAL DISTRICTS(SUBAREA 8) OF THE INDUSTRIAL AREA SPECIFIC PLAN, LOCATED ON MILLIKEN AVENUE BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-011-25, 31, AND 32. A. Recitals. 1. Hogle-Ireland filed an application for the approval of Development Review 99-11, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 28th day of April 1999, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date and approved the subject application with subject conditions, and granted a Mitigated Negative Declaration which identified environmental mitigation measures. 3. On the 28th day of June 2000, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the proposed Mitigation Monitoring Program and Checklist and concluded said meeting on said date. 4. 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 Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 Commission during the above- referenced meeting on June 28, 2000, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The Mitigation Monitoring Program and Checklist applies to an application for property located on Milliken Avenue between Foothill Boulevard and Arrow Route, with a street frontage of 2,600 feet on Milliken Avenue (each side) and 2,500 feet on both Foothill Boulevard and Arrow Route, and is presently vacant with abandoned vineyards and is improved with a golf driving range facility in the southeasterly portion; and b. The property to the north of the subject site is vacant and developed with a medical building, the property to the south consists of industrial buildings, the property to the east is developed with the Masi Plaza and the Quakes Stadium, and the property to the west is developed with industrial buildings; and PLANNING COMMISSION RESOLUTION NO. 00-62 DR 99-11 - CATELLUS June 28, 2000 Page 2 C. A Congestion Management Program/Traffic Impact Analysis has been prepared for the project to determine whether the project will cause increases in vehicle trips or traffic congestion in excess of projections for the adopted land use. The project will be required to install frontage street improvements in their ultimate configuration, per City ordinance, and pay Transportation Development fees for improvements within the City limits and Congestion Management Program mitigation fees for improvements outside the City limits. This will reduce traffic related impacts to a less than significant level; and d. The U.S. Fish and Wildlife Service identified the project as potential habitat for the Delhi Sands Flower Loving Fly. Habitat assessments and biological surveys were prepared to determine potential impacts to the habitat for future development projects within the master plan area. A 15-acre portion of the site was surveyed (Thomas Olsen and Associates, Inc, March 10 and April 1, 1999), which did not find adequate Sand Fly habitat since there is a lack of actual Delhi series soils present, the site has been disturbed through rough grading practices, and there are no extensive areas of exposed sand. No other unique, rare, or endangered animal species are known to be located on the site; and e. The project includes a private driveway connection between Foothill Boulevard and the proposed east-west cul-de-sac street intersecting Milliken Avenue, which will provide a secondary means of access for fire safety equipment; and f. Storm drain improvements necessary to accommodate the project are not in excess of that provided by the master plan of storm drainage; and g. The project, with the recommended Conditions of Approval, complies with all minimum development standards of the City of Rancho Cucamonga; and h. The project provides for a coordinated development scheme for a large area of land, thereby avoiding potential land use and access conflicts of piecemeal development; and i. The development of the retail/commercial component is consistent with the Industrial Park designation of the Industrial Area Specific Plan, in that it will function as a transition between more intense industrial development to the south and office and retail development to the north. 3. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission found that there is no substantial evidence that the project will have a significant effect upon the environment and adopted a Mitigated Negative Declaration on April 28, 1999, for which the Mitigation Monitoring Program and Checklist attached hereto apply,and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration was prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflected the independent judgment of the Planning Commission; and, further, this Commission reviewed and considered the information contained in and approved said Mitigated Negative Declaration with regard to the application. PLANNING COMMISSION RESOLUTION NO. 00-62 DR 99-11 - CATELLUS June 28, 2000 Page 3 b. Although the Mitigated Negative Declaration identified certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which have been established as Conditions of Approval for the project. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission found as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission rebutted the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations with project approval on April 28, 1999. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the attached Mitigation Monitoring Program and Mitigation Monitoring Checklist. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2000. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r C BY: arty . 1cNiel, Chairman ATTEST: / Dan Coleman, Acting Secretary I, Dan Coleman,Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of June, 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS City of Rancho Cucamonga in MITIGATION MONITORING PROGRAM Project File No.: Development Review 99-11 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary.This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management- The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. An MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 MITIGATION MONITORING PROGRAM DR 99-11 —CATELLUS MASTER PLAN June 28, 2000 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department.The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the Citys MMP and shall be approved by the Community Development Director prior to the issuance of building permits. City of Rancho Cucamonga - ' MITIGATION MONITORING PROGRAM Project File No.: Development Review 99-11 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary.This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. An MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 MITIGATION MONITORING PROGRAM DR 99-11 —CATELLUS MASTER PLAN June 28, 2000 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department.The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the Citys MMP and shall be approved by the Community Development Director prior to the issuance of building permits.