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HomeMy WebLinkAbout02-07 - Resolutions RESOLUTION NO. 02-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REQUEST FOR THE EXTENSION OF PREVIOUSLY APPROVED TENTATIVE PARCEL MAP 14872, AND MODIFYING THE CONDITIONS OF APPROVAL THEREOF, FOR 20.8 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 3), AND THE LOW-MEDIUM RESIDENTIAL DISTRICT (4 TO 8 DWELLING UNITS PER ACRE), LOCATED ON THE SOUTH SIDE OF 8TH STREET BETWEEN CUCAMONGA CREEK CHANNEL AND HELLMAN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 209-151-27, AND 37, AND 209-161-24. A. Recitals. 1. Banyan Realty Group filed an application for the extension of the approval of Tentative Parcel Map 14872, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map Time Extension request is referred to as "the application." 2. On December 8, 1999, this Commission adopted its Resolution No. 99-118, thereby approving the application subject to specific conditions and time limits. 3. On January 9, 2002, 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. 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 substantial evidence presented to this Commission during the above- referenced public hearing on January 9, 2002, including written and oral staff reports,togetherwith public testimony, this Commission hereby specifically finds as follows: a. The previously approved Tentative Parcel Map is in substantial compliance with the City's current General Plan, specific plans, ordinances, plans, codes, and policies; and b. The extension of the Tentative Parcel Map approval will not cause significant inconsistencies with the current General Plan,specific plans,ordinances,plans,codes,and policies; and C. The extension of the Tentative Parcel Map approval is not likely to cause public health and safety problems; and d. The extension is within the time limits established by State law and local ordinance. PLANNING COMMISSION RESOLUTION NO. 02-07 TIME EXTENSION FOR TPM14872 January 9, 2002 Page 2 3. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith all written and oral reports included for the environmental assessmentfor the application, the Planning Commission finds that there is no substantial evidence thatthe 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2,and 3 above, this Commission hereby grants a time extension for: Tentative Map Applicant Expiration SUBTT14872 Banyan Realty Group December 8, 2002 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby modifies the Conditions of Approval contained in Resolution No. 99-118 and the Standard Conditions, attached thereto and incorporated herein by this reference,to add the following conditions: Planning Division 1) The applicant shall agree to defend, at his sole expense, any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City,its agents,officers,or employees, for any court costs and attorney's fees, which the City, its agents, officers, or employees, may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at PLANNING COMMISSION RESOLUTION NO. 02-07 TIME EXTENSION FOR TPM14872 January 9, 2002 Page 3 its own expense, in the defense of any such action, but such participation shall not relieve the applicant of his obligations under this condition. Environmental Mitigation Air Quality 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. 2) Streets leading to the site 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 PKK emissions. 5) The construction contractor shall select the construction equipment used on-site based on low emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipmentwhen not in use. 8) Painting activities shall be spaced out over a period of 80 days. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JANUARY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: AabA ke L T. 71, hairman PLANNING COMMISSION RESOLUTION NO. 02-07 TIME EXTENSION FOR TPM14872 January 9, 2002 Page 4 ATTEST: Brad Bull , ecretary I, Brad Buller, Secretaryof the Planning Commission of the City of Rancho Cucamonga,do hereby certify that the foregoing Resolution was duly and regularly introduced,passed, and adopted bythe Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of January 2002, 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.: Tentative Parcel Map 14872 This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Declaration/Environmental Impact Report 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 TPM14872 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs 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 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 Planning Division.The Division 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 or City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: Time Extension for Parcel Map 14872 Applicant: Banyan Realty Group Initial Study Prepared by: Rick Fisher Date: December 17, 2001 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Air Quality The site shall be treated with water or other soil-stabilizing agent CP C Review of Plans/ A 2 (approved by SCAQMD and RWQCB)daily to reduce PM,o emissions, As Necessary in accordance with SCAQMD Rule 403. Streets leading to the site shall be swept according to a schedule CP C Review of Plans/ A 2/4 established by the City to reduce PM,o emissions associated with As Necessary vehicle tracking of soil off-site.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 2/4 25 mph to minimize PM,u emissions from the site during such As Necessary episodes. Chemical soil stabilizers(approved by SCAQMD and RWQCB)shall CP C Review of Plans/ A 2/4 be applied to all inactive construction areas that remain inactive for 96 As Necessary hours or more to reduce PM10 emissions. The construction contractor shall select the construction equipment CP C Review of Plans/ A 2 used on-site based on low emission factors and high-energy efficiency. As Necessary The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordancewith the manufacturer's specifications. The construction contractor shall utilize electricordean alternative fuel CP C Review of Plans/ A 2 powered equipment where feasible. As Necessary The construction contractor shall ensure that construction-grading CP B/C Review of Plans A/C 2 plans include a statement that work crews will shutoff equipmentwhen not in use. Painting activities shall be spaced out over a period of80 days. CP C Review of Plans/ A 4 As Necessary Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions CDD-Community Development Director or designee 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-Fre Chief or designee 6-Revoke CUP