HomeMy WebLinkAbout05-222 - Resolutions RESOLUTION NO. 05.222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT DRC2005-00106, A REQUEST
TO CHANGE THE LAND USE DESIGNATION FROM GENERAL
COMMERCIAL TO PARK FOR 3.36 ACRES OF LAND
LOCATED ON THE EAST SIDE OF MADRONE AVENUE,
BETWEEN SANDALWOOD COURT AND RICHWOOD DRIVE
AND TO CHANGE THE LAND USE DESIGNATION FROM
GENERAL INDUSTRIAL (SUBAREA 1) TO MEDIUM
RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR 5.54
ACRES OF LAND, LOCATED ON THE NORTH SIDE OF 9TH
STREET, APPROXIMATELY 600 FEET EAST OF MADRONE
AVENUE - AND MAKING FINDINGS IN SUPPORT THEREOF
APN: 0207-262-18 (PORTION OF) AND 27.
A. RECITALS.
1. Rancho Cucamonga Housing Partners, LP requested a change to the
General Plan land use designations, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject amendment is referred
to as "the application."
2. On the 25th day of May 2005, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the
application and recommended approval by adoption of Planning Commission
Resolution No. 05-39.
3. On July 6, 2005, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing and concluded said hearing on that
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 Council during the
above-referenced public hearing July 6, 2005, including written and oral staff
reports, together with public testimony, this Council hereby specifically finds
as follows:
a. The application applies to property within the City; and
Resolution No. 05-222
Page 2 of 11
b. The proposed amendment will not have a significant impact on the
environment; and
c. The proposed amendment is consistent with the land use concept and
density provisions of the Rancho Cucamonga General Plan. The
proposed land use changes will more effectively implement the goals and
objectives of the General Plan, in that they will encourage orderly
development of the site that is generally consistent and compatible with
development surrounding the site. The requested land use changes and
associated parcel map enable the applicant to make more efficient use of
the land by replacing partially undeveloped land and non-conforming
industrial uses with new residential development and open space for a
public park. The land use changes will result in fewer land use conflicts
between commercial/industrial uses and surrounding residential
development. The proposal will eliminate an existing unsightly and non-
conforming industrial use from the north side of 9th Street where the area
is largely developed with residential uses. Moreover, 9th Street serves as
a logical dividing line between residential uses on the north and future
'light industrial' uses anticipated for the south side of the street. The
proposed Medium Residential (8-14 dwelling units per acre) land use
designation for the largest parcel will be consistent with the density levels
of residential development on nearby parcels on the north side of 9th
Street. Apartments exist to the north; town homes and single-family
developments exist on the west side of Madrone Avenue. Thus, the
proposal will result in a land use pattern that is consistent with the existing
land use designations and development pattern of the area. The
reservation of land area for the future development and use as a public
park will address the need for more park space in this area of the
community as identified in the General Plan. When the park is
completed, it will further improve and strengthen the existing residential
neighborhood on the north side of 9th Street.
3. Based upon the substantial evidence presented to this Council during the
above-referenced public hearings and upon the specific findings of facts set
forth in paragraphs 1 and 2 above, this Council hereby finds and concludes
as follows:
a. The proposed land use amendment does not conflict with the Land Use
Policies of the General Plan and will provide for the logical development
of the surrounding area; and
b. The proposed amendment will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in
the vicinity; and
c. The proposed amendment is in conformance with the General Plan.
Resolution No. 05-222
Page 3 of 11
4. 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 City Council finds that
there is no substantial evidence that the project will have a significant effect
upon the environment and recommends that the City Council adopt a
Mitigated Negative Declaration, based upon the findings as follows:
a. That the Mitigated Negative Declaration has been prepared in compliance
with the California Environmental Quality Act (CEQA) of 1970, as
amended, and the State CEQA guidelines promulgated thereunder; that
said Mitigated Negative Declaration and the Initial Study prepared
therefore reflect the independent judgment of the City Council; and,
further, this Council has reviewed and considered the information
contained in said Mitigated Negative Declaration with regard to the
application.
b. The Mitigated Negative Declaration identifies no significant environmental
effect will result if this amendment is approved.
c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California
Code of Regulations, the City Council finds 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 or the 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 City Council
during the public hearing, the City Council hereby rebuts the presumption
of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the
California Code of Regulations.
5. Based upon the findings and conclusion set forth in paragraphs 1, 2, 3, and 4
above, this Council hereby approves General Plan Amendment DRC2005-
00106, as shown in the attached Exhibit A.
Environmental Mitigation
Air Quality
1) All construction equipment shall be maintained in good operating
condition so as to reduce operational emissions. The contractor
shall ensure that all construction equipment is being properly
serviced and maintained as per manufacturers' specifications.
Maintenance records shall be available at the construction site for
City verification.
2) Prior to the issuance of any grading permits, the developer shall
submit Construction Plans to the City denoting the proposed
schedule and projected equipment use. Construction contractors
Resolution No. 05-222
Page 4 of 11
shall provide evidence that low-emission mobile construction
equipment will be utilized, or that their use was investigated and
found to be infeasible for the project. Contractors shall also
conform to any construction measures imposed by the South
Coast Air Quality Management District (SCAQMD) as well as City
Planning staff.
3) All paints and coatings shall meet or exceed performance
standards noted in SCAQMD Rule 1113. Paints and coatings
shall be applied either by hand or high-volume, low-pressure
spray.
4) All asphalt shall meet or exceed performance standards noted in
SCAQMD Rule 1108.
5) All construction equipment shall comply with SCAQMD Rules 402
and 403. Additionally, contractors shall include the following
provisions:
• Reestablish ground cover on the construction site through
seeding and watering.
• Pave or apply gravel to any on-site haul roads.
• Phase grading to prevent the susceptibility of large areas
to erosion over extended periods of time.
• Schedule activities to minimize the amounts of exposed
excavated soil during and after the end of work periods.
• Dispose of surplus excavated material in accordance with
local ordinances and use sound engineering practices.
• Sweep streets according to a schedule established by the
City if silt is carried over to adjacent public thoroughfares
or occurs as a result of hauling. Timing may vary
depending upon the time of year of construction.
• Suspend grading operations during high winds (i.e., wind
speeds exceeding 25 mph) in accordance with Rule 403
requirements.
• Maintain a minimum 24-inch freeboard ratio on soils haul
trucks or cover payloads using tarps or other suitable
means.
Resolution No. 05-222
Page 5 of 11
6) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and Regional Water Quality Control
Board [RWQCB]) daily to reduce PM10 emissions, in accordance
with SCAQMD Rule 403.
7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB)
shall be applied to all inactive construction areas that remain
inactive for 96 hours or more to reduce Particulate Matter (PM10)
emissions.
8) The construction contractor shall utilize electric or clean
alternative fuel-powered equipment where feasible.
9) The construction contractor shall ensure that Construction
Grading Plans include a statement that work crews will shut off
equipment when not in use.
10)AII residential and commercial structures shall be required to
incorporate high-efficiency/low-polluting heating, air conditioning,
appliances, and water heaters.
11)AII residential and commercial structures shall be required to
incorporate thermal pane windows and weather-stripping.
Cultural Resources
1) If any prehistoric archaeological resources are encountered before
or during grading, the developer will retain a qualified
archaeologist to monitor construction activities, to take appropriate
measures to protect or preserve them for study. With the
assistance of the archaeologist, the City of Rancho Cucamonga
will:
• Enact interim measures to protect undesignated sites from
demolition or significant modification without an opportunity
for the City to establish its archaeological value.
• Consider establishing provisions to require incorporation of
archaeological sites within new developments, using their
special qualities as a theme or focal point.
• Pursue educating the public about the area's
archaeological heritage.
• Propose mitigation measures and recommend conditions
of approval to eliminate adverse project effects on
significant, important, and unique prehistoric resources,
following appropriate CEQA guidelines.
Resolution No. 05-222
Page 6 of 11
• Prepare a technical resources management report,
documenting the inventory, evaluation, and proposed
mitigation of resources within the project area. Submit one
copy of the completed report with original illustrations, to
the San Bernardino County Archaeological Information
Center for permanent archiving.
2) A qualified paleontologist shall conduct a pre-construction field
survey of the project site. The paleontologist shall submit a report
of findings that will also provide specific recommendations
regarding further mitigation measures (i.e., paleontological
monitoring) that may be appropriate. Where mitigation monitoring
is appropriate, the program must include, but not be limited to, the
following measures:
• Assign a paleontological monitor, trained and equipped to
allow the rapid removal of fossils with minimal construction
delay, to the site full-time during the interval of earth-
disturbing activities.
• Should fossils be found within an area being cleared or
graded, divert earth-disturbing activities elsewhere until the
monitor has completed salvage. If construction personnel
make the discovery, the grading contractor should
immediately divert construction and notify the monitor of
the find.
3) Submit a summary report to the City of Rancho Cucamonga.
Transfer collected specimens with a copy of the report to San
Bernardino County Museum.
Geologic and Soils
1) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and RWQCB) daily to reduce PM10
emissions, in accordance with SCAQMD Rule 403 or re-planted
with drought resistant landscaping as soon as possible.
2) Frontage public streets shall be swept according to a schedule
established by the City to reduce PM10 emissions associated with
vehicle tracking of soil off-site. Timing may vary depending upon
the time of year of construction.
3) Grading operations shall be suspended when wind speeds exceed
25 mph to minimize PM10 emissions from the site during such
episodes.
4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB)
shall be applied to all inactive construction areas that remain
inactive for 96 hours or more to reduce PM10 emissions.
Resolution No. 05-222
Page 7 of 11
Hydrology and Water Quality
1) Prior to issuance of grading permits, the permit applicant shall
submit to Building Official for approval a Storm Water Pollution
Prevention Plan (SWPPP) specifically identifying Best
Management Practices (BMPs) that shall be used on-site to
reduce pollutants during construction activities entering the storm
drain system to the maximum extent practical.
2) An Erosion Control Plan shall be prepared, included in the
Grading Plan, and implemented for the proposed project that
identifies specific measures to control on-site and off-site erosion
from the time of ground disturbing activities are initiated through
completion of grading. This Erosion Control Plan shall include the
following measures at a minimum: a) Specify the timing of
grading and construction to minimize soil exposure to rainy
periods experienced in southern California, and b) An inspection
and maintenance program shall be included to ensure that any
erosion which does occur either on-site or off-site as a result of
this project will be corrected through a remediation or restoration
program within a specified time frame.
3) During construction, temporary berms such as sandbags or gravel
dikes must be used to prevent discharge of debris or sediment
from the site when there is rainfall or other runoff.
4) During construction, to remove pollutants, street cleaning will be
performed prior to storm events and after the use of water trucks
to control dust in order to prevent discharge of debris or sediment
from the site.
5) The developer shall implement the BMPs identified in the Water
Quality Management Plan prepared by MDS Consulting (March
2005) to reduce pollutants after construction entering the storm
drain system to the maximum extent practical.
6) Landscaping plans shall include provisions for controlling and
minimizing the use of fertilizers/pesticides/herbicides.
Landscaped areas shall be monitored and maintained for at least
two years to ensure adequate coverage and stable growth. Plans
for these areas, including monitoring provisions for a minimum of
two years, shall be submitted to the City for review and approval
prior to the issuance of grading permits.
7) Prior to issuance of building permits, the applicant shall submit to
the City Engineer for approval of a WQMP, including a project
description and identifying BMPs that will be used on-site to
reduce pollutants into the storm drain system to the maximum
extent practicable. The WQMP shall identify the structural and
non-structural measures consistent with the Guidelines for New
Development and Redevelopment adopted by the City of Rancho
Cucamonga in June 2004.
Resolution No. 05-222
Page 8 of 11
8) Prior to issuance of grading or paving permits, the applicant shall
obtain a Notice of Intent (NOI) to comply with obtaining coverage
under the National Pollutant Discharge Elimination System
(NPDES) General Construction Storm Water Permit from the State
Water Resources Control Board. Evidence that this has been
obtained (i.e., a copy of the Waste Discharger's Identification
Number) shall be submitted to the City Building Official for
coverage under the NPDES General Construction Permit.
Noise
1) Construction or grading shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at
any time on Sunday or a national holiday.
2) Construction or grading noise levels shall not exceed the
standards specified in Development Code Section 17.02.120-D,
as measured at the property line. The developer shall hire a
consultant to perform weekly noise level monitoring as specified in
Development Code Section 17.02.120. Monitoring at other times
may be required by the Building Official. Said consultant shall
report their findings to the Building Official within 24 hours;
however, if noise levels exceed the above standards, then the
consultant shall immediately notify the Building Official. If noise
levels exceed the above standards, then construction activities
shall be reduced in intensity to a level of compliance with above
noise standards or halted.
3) The perimeter block wall shall be constructed as early as possible
in first phase.
4) Haul truck deliveries shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at
any time on Sunday or a national holiday. Additionally, if heavy
trucks used for hauling would exceed 100 daily trips (counting
both to and from the construction site), then the developer shall
prepare a Noise Mitigation Plan denoting any construction traffic
haul routes. To the extent feasible, the plan shall denote haul
routes that do not pass sensitive land uses or residential
dwellings.
6. The Secretary to this Council shall certify to the adoption of this Resolution.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 05-222
Page 9 of 11
PASSED, APPROVED, AND ADOPTED this 6th day of July 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
I"-- 0-
12,
illiam J. AI Gander, Ma or
ATTEST:
Zatia
D bra J. AdaW, CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 6`h day of July 2005.
Executed this 7`h day of July 2005, at Rancho Cucamonga, California.
ra J. Ad CMC, City Clerk
Resolution No. 05-222
Page 10 of 11 .
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Page 11 of 11
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