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HomeMy WebLinkAbout05-322 - Resolutions RESOLUTION NO. 05-322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2004-00699,A REQUEST FORA LAND USE AMENDMENT FROM INDUSTRIAL PARK TO LOW-MEDIUM RESIDENTIAL IN CONNECTION WITH A PROPOSAL FOR A MASTER PLAN FOR 79 SINGLE-FAMILY LOTS (4-8 DWELLING UNITS PER ACRE) ON 18.6 ACRES OF LAND, LOCATED ATTHE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET. AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-062-08. A. RECITALS. 1. The Ranch Group filed an application for General Plan Amendment DRC2004-00699, as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On October 26, 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. On the 16th day of November 2005, 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. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE,itis herebyfound,determined,and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 on November 16, 2005, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 18.6 acres of land, basically a rectangle configuration, located on the southwest corner of Archibald Avenue and 6th Street, and is presently a vineyard. Said property is currently designated as Industrial Park with a Master Plan; and Resolution No. 05-322 Page 2 of 9 b. The property to the north of the subject site is designated Low Residential (2-4 dwelling units per acre) and is an existing single-family residential neighborhood. The property to the west is designated Park and is developed as a Neighborhood Park. The property to the east is designated Industrial and is developed with industrial and commercial uses. The property to the south is designated Low-Medium Residential (4-8 dwelling units per acre) and is an existing single-family residential neighborhood; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. f. The Master Plan as submitted illustrates that a conventional Low-Medium Subdivision of 79 single-family residential lots (4.24 dwelling units per acre) can be reasonably developed on the site. It should be noted that the Master Plan is illustrative only and that a separate Tentative Tract Subdivision Map and application, will need to be processed at a later date. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above,this Council herebyfinds and concludes as follows: a. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 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 adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: Resolution No. 05-322 Page 3 of 9 a. That the Mitigated Negative Declaration has been 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 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. Although the Mitigated Negative Declaration identifies 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 are listed within the Mitigation Monitoring Plan. 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 conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of General Plan Amendment DRC2004-00699,as shown in Exhibit A attached hereto for reference and each and every condition set forth below. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. 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, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors 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. Resolution No. 05-322 Page 4 of 9 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 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. 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 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. Resolution No. 05-322 Page 5 of 9 10)All 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. 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 Centerfor permanent archiving. 2) A qualified paleontologist shall conduct a preconstruction 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. Resolution No. 05-322 Page 6 of 9 • 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. • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology 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 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. Hydrology and Water Quality 1) Prior to issuance of grading permits,the permit applicant shall submit to Building Official for approval, 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 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. Resolution No. 05-322 Page 7 of 9 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 pursuant to any Tract or Parcel Map Application 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 Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (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. 8) Prior to issuance of grading or paving permits, 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) A 7.5-foot tall wall along 6th Street and Archibald Avenue will be required at the time of development. 2) 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. Resolution No. 05-322 Page 8 of 9 3) 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. 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. 4) The perimeter block wall shall be constructed as early as possible in first phase. 5) 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. 05-322 Page 9 of 9 PASSED, APPROVED, AND ADOPTED this 16th day of November 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexan r, Mayor ATTEST: Debra J. am 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 16`h day of November 2005. Executed this 17`h day of November 2005, at Rancho Cucamonga, California. ;a, /'�Iv &"" D bra J. Ada s, C, City Clerk