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Home My WebLink About02-65 - Resolutions RESOLUTION NO. 02-65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2002-00321, A REQUEST TO AMEND THE CIRCULATION WITHIN THE INDUSTRIAL DEVELOPMENT DISTRICT, SUBAREAS 12 AND 13, TO ELIMINATE A PORTION OF MISSION PARK DRIVE BETWEEN BUFFALO AVENUE AND CHARLES SMITH AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 209-263-68 A. Recitals. 1. H.P.A., Inc./Oltmans Investment Company filed for Development Code Amendment No. DRC2002-00321, 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 10th day of July, 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. 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 July 10, 2002, 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 thereby 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. 02-65 DRC2002-00321 — H.P.A., INC. July 10, 2002 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 with 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 attached hereto and incorporated herein by this reference, based upon the findings as follows: a. That the 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 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. 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 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 forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment No. DRC2002-00321 by adoption of this resolution and the attached Exhibits "A" and "B." 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JULY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ✓//'+ r Larry Niel, Chairman PLANNING COMMISSION RESOLUTION NO. 02-65 DRC2002-00321 — H.P.A., INC. July 10, 2002 Page 3 ATTEST: ,B ad ulle cretary 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 10th day of July 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS • / l:l 1 1 ' 1 SU = AREA 12 r� v� � # 2 Y ..�. m ins e • • • : • a �s - �• :-.� r „ .y r 1 City of Rancho Cucamonga Section 17.30.080 FIGURE 17.30.080-0 CIRCULATION S V O QLl IEA US — 120'1LO.W. Revised 4/1/92- 1W R.O.W. ee'OR LESS R.O.W. RML SERVICE - W F EXISTING pj - Z +F1-1-F41-1 PROPOSED TRAILS/ROUTES 0000 PEDESTRIAN �p REGIONAL MN1LT1-USE 7th `�^^•'+°"� SPECIAL STREETSCAPE/ + .-a.. LANDSCAPING POWER LINE/ UTILITY EASEMENT CREEKS 8 CHANNELS IJ tMlIDGE O 1 -1 14 ACCESS POINTS PROP05 E D �I PARK PORTION 1. 0 CPA SSION OF 5TREET FIRE STATIONR K ' TO 13 E ® „tEELIMINATED SHERIFF STATION Note: Parcel lines and lot configurations are shown as approximations only. The sites shown may not be currently owned nor is the location site specific. The depiction of a site Is an indication of a projected future need that may be adjusted over time as the City develops. 0 400' Soo' 1000' h,k l Aa it/ 17.30-101 6/99 City of Rancho Cucamonga MITIGATION MONITORING in PROGRAM Project File No.: DRC 2001-00718 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 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 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(orother 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. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC 2001-00718 Applicant: Bradshaw III Initial Study Prepared by: Warren Morelion Date: June 17, 2002 ResponsibleMitigation Measures No. ImplementingDate/Initials Non-Compliance .: Prior to issuance of grading permits,the applicant shall identify CP/CE C Review of Plans C 2/4 BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. m The site shall be treated with water or other soil stabilizing CP C Review of plans A/C 2 agent)approved by SCAQMD and RWQCB)daily to reduce PM10 emission,in accordance with SCAQMD Rule 403. Buffalo Avenue and Charles Smith Avenue shall be swept CP C Review of plans A/C 2 according to a schedule established by the City to reduce Milo 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 wind speeds CP C Review of plans A/C 2 exceed 25 mph to minimize PM10 emissions from the site during such episodes. Chemical soil stabilizersa CP C Review of plans A/C 2 ( pproved by SCAQMD and RWQCB) shall be applied to all Inactive construction areas that remain - - Inactive for 96 hours or more to reduce PM,o emissions. - - - Contractor shall select the construction equipment based on CP B/C Review of plans A/C 2 low emission factors and high-energy efficiency. All - - construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. CP C Review of plans A/C 2 Contractor shall utilize electric or clean alternative fuel powered equipment where feasible. , CP/CE B Review of plans C 2 The construction contractor shall ensure that construction- grading plans include a statement that work crews will shut off CP/CE B/C Review of Plans C 2 equipment when not in use. Contractor shall use low VOC asphalt during the asphalt paving CP B Verification of B 2 portions of the project. SCAQMD applicability If applicable,the project applicant will abide by SCAQMD Rule 1634 by providing electrical power at project designated truck stop locations to reduce NOx emissions caused by trucks stationed over extended periods of time. Mitigation Measures No. Responsible Monitoring Timing of Method of Verif ied Sanctions for Implementing Action Date/initials Non-Compliance it Occupied burrow used by Burrowing Owls shall not be disturbed CP B Review of Biologist D 2 during the nesting season(February 1 through August 1)unless a Report of Findings qualified biologist approved by CDFG verifies through non-Invasive methods that:1) the birds have not begun egg-laying and incubation;2)that Juveniles from the occupied burrows are foraging independently and are capable of Independent survival;or 3) that there are no occupied burrows on the site. Key to Checklist Abbreviations CDD-Community Development Director A-With Each New Development A-On-slle 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 Constructlon 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