HomeMy WebLinkAbout01-90 - Resolutions RESOLUTION NO. 01-90
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL
OF DEVELOPMENT CODE AMENDMENT DRC2001-00534, A
REQUEST TO AMEND THE CIRCULATION WITHIN THE INDUSTRIAL
DEVELOPMENT DISTRICT, SUBAREA 6, TO ELIMINATE A PORTION
OF CENTER AVENUE SOUTH TO TRADEMARK PARKWAY
A. Recitals.
1. Cabot Industrial Trust has filed an application for Development Code Amendment
No. DRC2001-00534, as described in the title of this Resolution. Hereinafter in this Resolution,
the subject Development Code Amendment is referred to as "the application."
2. On the 26'h day of September 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 fads 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 September 26, 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 Development
Code; and
PLANNING COMMISSION RESOLUTION NO. 01-90
DCA DRC2001-00534—CABOT INDUSTRIAL TRUST
September 26, 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 Development
Code; 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 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 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.
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 Development Code Amendment No.
DRC2001-00534 subject to the condition set forth below.
(1) If the City Council determines, through the approval process for
said Development Code amendment, that the elimination of this
portion of center Avenue is justified, this developer will be required
to acquire right-of-way for and construct a cul-de-sac terminus for
Trademark Parkway.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
PLANNING COMMISSION RESOLUTION NO. 01-90
DCA DRC2001-00534 —CABOT INDUSTRIAL TRUST
September 26, 2001
Page 3
APPROVED AND ADOPTED THIS 26TH OF SEPTEMBER 2001.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: c
Larry . Niel, Chairman
ATTEST:
rad Bulle retary
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 26th day of September 2001, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
City of Rancho Cucamonga
MITIGATION MONITORING
PROGRAM
Project File No.: DRCDR00-41 (CABOT INDUSTRIAL TRUST)
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
0 0
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 bythe 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 otherforms 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:\PLANNING\FINALVCEOA\MMP FORM.WPD
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File No.: Development Code Amendment DRC 2001-00534 Applicant: Riverside Commercial Investors
Initial Study Prepared by: Nancy Ferguson Date: August 31. 2001
Mitigation . - Monitoring Timing . . . of Verif led Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
e
r
If the City Council determines, through the approval CE bB Review of plans C 2
process for said Development Code amendment, that
the elimination of this portion of center Avenue is
justified, this developer will be required to acquire
right-of-way for and construct a cul-de-sac terminus
for Trademark Parkway.
Key to Checklist Abbreviations
Responsible Person ' Monitormg.Erequency Method of ve}ificetlon , - 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
(:\PLANNING\FINAL\CEOAWIMCHKLST.W PD