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HomeMy WebLinkAbout01-55 - Resolutions RESOLUTION NO. 01-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 00-04, A REQUEST TO AMEND THE CIRCULATION ELEMENT OF THE GENERAL PLAN TO ELIMINATE A PORTION OF 7TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. Hogle/Ireland, Inc. has filed an application for General Plan Amendment No. 00-04, 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 the 13th day of June 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that day. 3. All legal prerequisites prior to the adoption of the 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 public hearing on June 13, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows. a. The application applies to property located within the City; and b. 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. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. 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 b. This amendment does promote the goals and objectives of the General Plan; and PLANNING COMMISSION RESOLUTION NO. 01-55 GPA 00-04—2000 CIRCULATION ELEMENT UPDATE June 13, 2001 Page 2 C. 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 d. The subject application is consistent with the objectives of the General Plan; and e. 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 will all written and oral reports included for the environmental assessment for the application, the Planning Commission 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 the Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: 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 Planning Commission; and further, this Commission 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 that are listed below as conditions of approval. 1) If the City Council determines, through the approval process for said General Plan amendment, that the elimination of this portion of 7th Street is justified, this developer will be required to acquire right-of-way for and construct a cul-de-sac terminus for 7th Street west of the railroad spur. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California code of Regulations, the Planning Commission 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 Planning Commission during the public hearing, the Planning Commission 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 force in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment No. 00-04 by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 01-55 GPA 00-04—2000 CIRCULATION ELEMENT UPDATE June 13, 2001 Page 3 APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. iel, Chairman ATTEST: el- ..,�rad Buller, etary I, Brad Buller, 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 13th day of June 2001, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: General Plan Amendment 00-04, Development Code Amendment 00-05, and Development Review 00-65 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. A 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 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the Citystaff'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 City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. (:\FINAL\CEQA\MMP Form-revmpd MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DR 00-65 Applicant: _Hogle-Ireland. Inc. Initial Study Prepared by: Debra Meier Date: May 15. 2001 Mitigation Measures No. Responsible Monitoring g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliancc_�_ Air Quality OF - I t e site shall be treated with water or otter soil stabilising agent) CP c Review of plans A/C 2 approved by SCAQMD and RWQCB)daily to reduce PM,o emission,in accordance with SCAQMD Rule 403. Hermosa Avenues shall be swept according to a schedule CP C Review of plans A/C 2 established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. The site access haul will be watered a minimum of twice daily.Timing may vary depending upon time of year of construction. Grading operations shall be suspended when wind speeds exceed CP C Review of plans A/C 2 25 mph to minimize PM,emissions from the site during such episodes. Chemical soil stabilizers(approved by SCAQMD and RWQCB)shall CP C Review of plans A/C 2 be applied to all inactive construction areas that remain Inactive for 96 hours or more to reduce PM,o emissions. Vehicle speeds will be restricted to less than 15 miles per hour on CP B/C Review of plans A/C 2 unpaved portions of the site. Contractor shall select the construction equipment based on low CP B/C Review of plans A/C 2 emission factors and high-energy efficiency. All construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. Contractor shall utilize electric or clean alternative fuel powered CP/CE B Review of plans C 2 equipment where feasible. Grading plans shall include a statement that work crews will shut off CP B Review of plans C 2 equipment when not in use. The contractor will Implement ride-share incentives and other CP B Review of plans C 2 programs to achieve a 1.5 average vehicle ridership rate. If the City Council determines,through the approval process for said CP B Review of plans C 2 Development Code amendment,that the elimination of this potion of 7th Street is justified,this developer will be required to acquire right-of-way for and construct a cul-de-sac terminus for 7"Street west of the railroad spur. Key to Checklist Abbreviations CDD-Community Development Director A-With Each New Development A-On-she Inspection 1 -Withhold Recordation of Final Map CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds FC-Fire Chief or designee 6-Revoke CUP I:\PLANNING\FINAL\P LNGCOMM\ENV DOC\DROO-65MMPChklst.doc 1 Key to Checklist Abbreviations pongible Pe ... t - e CDD-Community Development Director A-With Each New Development A-On-site Inspection .t -Withhold Recordation of Final Map CP-City Planner or designee 8-Prior To Construction B-Other Agency Permit/ 9 cY Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy So-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds FC-Fire Chief or designee 6-Revoke CUP I:IPLANNI NG\FI NALtP LNGCOM MtENV DOC\DROO-65MMPChklst.doc MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DR 00-65 Applicant: Hogle-Ireland. Inc. Initial Study Prepared by: Debra Meier Date: May 15, 2001 Mitigation Measures No. . • Monitoring Timing of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance The site shall betreated with water or other soil stabilizing agent) CP C Review of plans A/C 2 approved by SCAOMD and RWOCB)daily to reduce PM,a emission,in accordance with SCAOMD Rule 403. Hermosa Avenues shall be swept according to a schedule CP C Review of plans A established by the City to reduce PM,o emissions associated with - vehicle tracking of soil off-she. The site access haul will be watered a minimum of twice daily.Timing may vary depending upon time of year of construction. Grading operations shall be suspended when wind speeds exceed CP C Review of plans A/C 2 25 mph to minimize PM,c emissions from the site during such episodes. Chemical soil stabilizers(approved by SCAOMD and RWOCS)shall CP C Review of plans A/C be applied to all inactive construction areas that remain Inactive for ` 96 hours or more to reduce PM,o emissions. Vehicie speeds will be restricted to less than 15 miles per hour on CP B/C Review of plans A/C 2 unpaved portions of the site. Contractor shall select the construction equipment based on low CP a/C Review of plans A/C 2 emission factors and high-energy efficiency. All construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. Contractor shall utilize electric or clean alternative fuel powered CP/CE B Review of plans C 2 equipment where feasible. Grading plans shall include a statement that work crews will shut off CP B Review of plans C 2 equipment when not in use. The contractor will implement ride-share incentives and other CP B Review of plans G 2 programs to achieve a 1.5 average vehicle ridership rate. i Traffic — --- If the City Council determines,through the approval process for said CP a Review of plans C 2 Development Code amendment,that the elimination of this portion of 7th Street is justified,this developer will be required to acquire right-of-way for and construct a cul-de-sac terminus for 7"Street west of the railroad spur. City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: General Plan Amendment 00-04, Development Code Amendment 00-05, and Development Review 00-65 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. A 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 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 Citydepartment 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 City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. I:\FINAL\CEOA\MMP Form-rev.wpd