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HomeMy WebLinkAbout01-61 - Resolutions RESOLUTION NO. 01-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRCENSPA01-01, A REQUEST TO AMEND THE ETIWANDA NORTH SPECIFIC PLAN LAND USE MAP FROM OPEN SPACE TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 11.5 ACRES LOCATEDATTHE FUTURE EXTENSION OF DAY CREEK BOULEVARD, APPROXIMATELY 1.3 MILES NORTH OF HIGHLAND AVENUE. APN: PORTION OF 225-07- 67, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Etiwanda School District filed an application for Etiwanda North Specific Plan Amendment DRCENSPA01-01 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 June 13, 2001, Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on an associated application and issued Resolution No. 01-60, recommending to the City Council that General Plan Amendment DRCENSPA01-01A be approved. 3. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe 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 approximately 11.5 acres of land, with an irregular configuration, located at the future extension of Day Creek Boulevard, approximately 1.3 miles north of Highland Avenue. Said property is currently designated as Open Space and is vacant; and b. The property to the north of the subject site is designated Utility Corridor within the Etiwanda North Specific Plan and developed as an electrical transmission corridor. The property to the west is designated Low Residential (2-4 dwelling units per acre) within the Etiwanda North Specific Plan and is vacant. The property to the east is designated Utility Corridor within the Etiwanda North Specific Plan and developed with a water storage facility. The property to the south is designated Open Space and Low Residential (2-4 dwelling units per acre) and is vacant; and PLANNING COMMISSION RESOLUTION NO. 01-61 ENSPA01-01A— ETIWANDA SCHOOL DISTRICT June 13, 2001 Page 2 C. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development in a manner consistent with the General Plan, the Etiwanda North Specific 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. 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. 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 as evidenced by its size exceeding minimum size requirements for the land use designation, and the evidence of similar uses existing in the immediate area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the existing single-family development activities in the immediate area; and C. That the proposed amendment is in conformance with the General Plan and Etiwanda North Specific Plan, both which contain provisions for Low Residential land use designations. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith 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. a. 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 below. Mitigated Measures Water 1) The project shall comply with the California Regional Water Quality Control Board's requirements relating to the National PLANNING COMMISSION RESOLUTION NO. 01-61 ENSPA01-01A— ETIWANDA SCHOOL DISTRICT June 13, 2001 Page 3 Pollutant Discharge Elimination System (NPDES)and applicable Best Management Practices. 2) The project's drainage improvements shall be designed in accordance with City regulations and standards. Air Quality 1) Throughout grading and construction activities, the project contractor shall implement the following: a) 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. b) Perimeter 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. c) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. d) 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. e) Select the construction equipment used on-site based on low-emission factors and high-energy efficiency and ensures the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. f) Utilize electric or clean alternative fuel-powered equipment where feasible. g) Ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. h) The wheels of vehicles leaving the construction site shall be washed. Noise 1) During project site excavation and grading, the contractor shall implement the following: a) Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. PLANNING COMMISSION RESOLUTION NO. 01-61 ENSPA01-01A– ETIWANDA SCHOOL DISTRICT June 13, 2001 Page 4 b) Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors to the southeast of the site. c) Locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors to the southeast of the site during all project construction. d) Limit all construction related activities that would result in high noise levels between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday, unless such construction activities do not result in noise levels exceeding 45 dBA at residences to the southeast of the site. No construction shall be allowed on Sundays and public holidays. b. Pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia 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 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 hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the Califomia Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Etiwanda North Specific Amendment DRCENPSA01-01 to establish a Low Residential (2-4 dwelling units per acre) designation, for the site identified in this Resolution, by the adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF JUNE 2001. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA i BY: Y='64 C:�)w—w McNiel, Chairman ATTEST: r_ Brad ecreta 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: PLANNING COMMISSION RESOLUTION NO. 01-61 ENSPA01-01A— ETIWANDA SCHOOL DISTRICT June 13, 2001 Page 5 AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS ` ------------------------ ------------------------ --------------- RM N\ N, kNNXWN%Nl SIMS S ON \\`\\` \\ \I \ -\ \\ \ N \v `\�: \ . ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,APPROVING ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRCENPSA01-01, TO AMEND THE ETIWANDA NORTH SPECIFIC PLAN LAND USE MAP FROM OPEN SPACE TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 11.5 ACRES LOCATED AT THE FUTURE EXTENSION OF DAY CREEK BOULEVARD,APPROXIMATELY 1.3 MILES NORTH OF HIGHLAND AVENUE. APN: PORTION OF 225-07-67, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The Etiwanda School District filed an application for Etiwanda North Specific Plan Amendment DRCENSPA01-01 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Etiwanda Specific Plan Amendment is referred to as "the application." 2. On June 13,2001, Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on an associated application and issued Resolution No. 01-60, recommending to the City Council that the associated General Plan Amendment DRCGPA01-01A be approved. 3. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 01-61, recommending to the City Council that the Etiwanda North Specific Plan Amendment 01-01 be approved. 4. On July_, 2001, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the an associated application and issued Resolution No._,approving the associated General Plan Amendment DRCGPA01-01A. 5. On July _, 2001, the City Council Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: 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. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on July_, 2001, including written and oral staff reports, together with public testimony,this Council hereby specifically finds as follows: a. The application applies to approximately 11.5 acres of land, with an irregular configuration, located at the future extension of Day Creek Boulevard,approximately 1.3 miles north of Highland Avenue. Said property is currently designated as Open Space and is vacant; and CITY COUNCIL ORDINANCE NO. DRCENSPA 01-01 — ETIWANDA SCHOOL DISTRICT Page 2 b. The properties to the north of the subject site are designated Utility Corridor within the Etiwanda North Specific Plan and are developed as an electrical transmission corridor. The properties to the west are designated Low Residential (2-4 dwelling units per acre) within the Etiwanda North Specific Plan and are vacant. The properties to the east and are designated Utility Corridor within the Etiwanda North Specific Plan and are developed with a water storage facility.The properties to the south are designated Open Space and Low Residential (2-4 dwelling units per acre) and are vacant; and C. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development in a manner consistent with the General Plan,the Etiwanda North Specific 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. 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 hereby finds 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 as evidenced by its size exceeding minimum size requirements for the land use designation, and the evidence of similar uses existing in the immediate area; and b. That the proposed amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the existing single-family development activities in the immediate area; and C. That the proposed amendment is in conformance with the General Plan and Etiwanda North Specific Plan, both which contain provisions for Low Residential land use designations. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,togetherwith 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 adopts a Mitigated Negative Declaration and 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 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 CITY COUNCIL ORDINANCE NO. DRCENSPA 01-01 — ETIWANDA SCHOOL DISTRICT Page 3 reduced to an acceptable level by imposition of mitigation measures on the project,which are listed below. Mitigated Measures WATER 1) The project shall comply with the California Regional Water Quality Control Board's requirements relating to the National Pollutant Discharge Elimination System (NPDES) and applicable Best Management Practices. 2) The project's drainage improvements shall be designed in accordance with City regulations and standards. AIR QUALITY 1) Throughout grading and construction activities, the project contractor shall implement the following: a) 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. b) Perimeter 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. c) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. d) 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. e) Select the construction equipment used on-site based on low- emission factors and high-energy efficiency and ensures the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. f) Utilize electric or clean alternative fuel-powered equipment where feasible. g) Ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. h) The wheels of vehicles leaving the construction site shall be washed. CITY COUNCIL ORDINANCE NO. DRCENSPA 01-01 — ETIWANDA SCHOOL DISTRICT Page 4 NOISE 1) During project site excavation and grading, the contractor shall implement the following: a) Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. b) Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors to the southeast of the site. c) Locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors to the southeast of the site during all project construction. d) Limit all construction related activities that would result in high noise levels between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday, unless such construction activities do not result in noise levels exceeding 45 dBA at residences to the southeast of the site. No construction shall be allowed on Sundays and public holidays. 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 approves Etiwanda North Specific Amendment DRCENSPA01-01 to establish a Low Residential (2-4 dwelling unitslacre) designation for the site identified in this Ordinance and shown in Exhibit"A"of this Ordinance. 6. The City Clerk shall certify to the adoption of this Ordinance. 1 City of Rancho Cucamonga in MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract 16193 and Development Review 00-79 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 r Mitigation Monitoring Program Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as determined bythe project planneror responsible City department,to monitorspecific 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 planneror 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 afterwritten 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\CEQA\MMP Form-revmpd MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) r Project File No.: Tentative Tract 16193 and Development Review 00-79 Applicant: Empire Homes LLC II Initial Study Prepared by: Alan Warren Date: May 22, 2001 ResponsibleMitigation Measures No. of Verified Sanctions for ImplementingMonitoring Frequency Verification Verification Date/initials Non-Compliance Air Quality • The construction contractor shall select the CP/BO C As Necessary A 2 construction equipment used on-site based up low emission factors and high-energy efficiency. • The construction contractor shall ensure that CP/BO B As Necessary A 2 construction-grading plans include a statement that work crews will shut off equipment when not in use. • The construction contractor shall utilize clean or CP/BO C As Necessary A 2 alternative -powered equipment in-lieu of gasoline-powered engines where feasible. • The site shall be treated with water or other soil- CP/BO C As Necessary A 4 stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. • Hermosa Avenue, Mayberry Avenue, and CP/CE C Review of A/C 2 Hillside Road shall be swept according to a plans 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. • Grading operations shall be suspended when CP C Review of A/C 2 wind speeds exceed 25 mph to minimize PM10 plans emissions from the site during such episodes. • Chemical soil stabilizers(approved by SCAQMD CP/BO C As Necessary A 4 and RWQCB) shall be applied to all inactive Mitigation Measures No. Responsible Monitoring Timing of Method of Verif ied Sanctions for Implementing Action Date/initials Non-Compliance Biological Resources construction areas that remain inactive for 96 hours or more to reduce PM1e emissions. • The project shall be replaced with new CP B/C/D Prior to A/C/D 2/4 windrows type plantings along the equestrian grading permit trail areas of each lot. To mitigate for the loss of the trees,replacement trees 700 1,5,and 15-gal trees will be planted on the site and in the parkways. Key to Checklist Abbreviations Responsible'Perion - MonitoringFrequency Method of Verification Sanctions CDD-Community Development Director A-With Each New Development A-On-site 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