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HomeMy WebLinkAbout03-19 - Resolutions RESOLUTION NO. 03-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO ENACT DEVELOPMENT CODE AMENDMENT DCA2002-00001, A REQUEST TO AMEND SECTIONS 17.08 AND 17.32 OF THE DEVELOPMENT CODE TO ADD A MIXED USE ZONING DESIGNATION DESCRIPTION TO ALLOW FOR MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND OFFICE USES, OR MEDIUM- HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND OFFICE USES WHEN DEVELOPED IN CONJUNCTION WITH A SENIOR HOUSING OVERLAY DISTRICT (SHOD), WITH ACCOMPANYING DEFINITIONS, PROCESSING PROVISIONS, AND DEVELOPMENT STANDARDS, FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-32, 33 AND 50. A. Recitals. 1. The Frazier Group filed an application for Development Code Amendment DCA2002-00001, 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 January 22, and continued to February 12, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment and Development District Amendment applications and issued Resolution No. 03-17 and Resolution No. 03-18, respectively, recommending to the City Council that General Plan Amendment GPA2002-00001 and Development District Amendment DDA2002-00001 be approved. 3. On January 22, and continued to February 12, 2003, 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 the substantial evidence presented to this Commission during the above- referenced public hearing on January 22, and February 12, 2003, 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. The proposed amendment will not have a significant impact on the environment. 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: PLANNING COMMISSION RESOLUTION NO. 03-19 DCA2002-00001 — FRAZIER GROUP February 12, 2003 Page 2 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 by permitting joint development of varying uses already listed in the General Plan; and b. This amendment does promote the goals and objectives of the Development Code by allowing the innovative use of existing development standards to expand the range of uses within a development project; and 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 by mandating the continued use of existing development procedures and standards for Mixed Use districts; and d. The proposed amendment is in conformance with the General Plan and objectives of the Development Code by continuing a policy encouraging quality development through the innovative application of existing design standards. 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 adopts a Mitigated Negative Declaration and Monitoring 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, which are listed below. Environmental Mitigation: Water 1) Prior to issuance of grading permits,the applicant shall prepare a Storm Water Pollution Prevention Plan that identifies Best Management Practices to be implemented during the period the site is under construction. Best Management Practices shall be identified on the Grading Plan for review and approval by the City Engineer. PLANNING COMMISSION RESOLUTION NO. 03-19 DCA2002-00001 — FRAZIER GROUP February 12, 2003 Page 3 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 adjacent 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 miles per hour 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 PM10 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 manufacturers' 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 equipment when not in use. Noise 1) Recommendations and/or mitigation measures presented in the noise analysis shall become a part of the Mitigation Monitoring Plan for the project. If sound barriers and/or building elements designed to reduce interior noise levels are required, then they . shall be incorporated into design plans. 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 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 California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 03-19 DCA2002-00001 — FRAZIER GROUP February 12, 2003 Page 4 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 DCA2002-00001 to establish a Mixed Use District for the site described in the Resolution, per the attached draft City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2003. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: lw"L�Cd )�, L-firry T. c I, hairman ATTEST: 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 12th day of February 2003, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, STEWART, TOLSTOY NOES: COMMISSIONERS: MCNIEL ABSENT: COMMISSIONERS: NONE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DCA2002-00001, A REQUEST TO ESTABLISH A MIXED USE DISTRICT TO ALLOW FOR MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND OFFICE USES, OR MEDIUM-HIGH RESIDENTIAL(14-24 DWELLING UNITS PERACRE)AND OFFICE USES WHEN DEVELOPED IN CONJUNCTION WITH A SENIOR HOUSING OVERLAY DISTRICT (SHOD), WITH ACCOMPANYING DEFINITIONS, PROCESSING PROVISIONS, AND DEVELOPMENT STANDARDS, BY AMENDING SECTIONS 17. 08 AND 17.32 OF THE CITY OF RANCHO CUCAMONGA'S DEVELOPMENT CODE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD,WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 207-101-32, 33 AND 50. A. Recitals. 1. The Frazier Group filed an application for Development Code Amendment DCA2002- 00001 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code Amendment is referred to as "the application." 2. On January 22, and continued to February 12, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment and Development District Amendment applications and issued Resolution No. 03-17 and Resolution No. 03-18, respectively, recommending to the City Council that General Plan Amendment GPA2002-00001 and Development District Amendment DDA2002-00001 be approved. 3. On January 22, and continued to February 12, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval of the application by the adoption of Resolution No. 03-19. 4. On the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment and Development District Amendment applications and issued Resolution No._and Ordinance_,respectively,approving the associated General Plan Amendment GPA2002-00001 and Development District Amendment DDA2002-00001. 5. On the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and conducted said hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined,and ordained by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, PartA, of this Ordinance are true and correct. CITY COUNCIL ORDINANCE NO. DCA2002-00001 —FRAZIER GROUP Page 3 Environmental Mitigation: Water 1) Prior to issuance of grading permits,the applicant shall prepare a Storm Water Pollution Prevention Plan that identifies Best Management Practices to be implemented during the period the site is under construction. Best Management Practices shall be identified on the Grading Plan for review and approval by the City Engineer. 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 adjacent 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 miles per hour 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 PM10 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 manufacturers'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 equipment when not in use. Noise 1) Recommendations and/or mitigation measures presented in the noise analysis shall become a part of the Mitigation Monitoring Plan for the project. If sound barriers and/or building elements AL ONE BoomUlm x � o i Yt, ,�q \oma ♦ y11!////'i � KI M,MIR O�5 �rs rr/' � MR. 1 111 111 111 b. Permitted and Conditionally permitted uses: Refer to Table 17.32.030. At the northwest corner of Foothill Boulevard and Cucamonga Channel, a Mixed Use District allows Medium Residential and/or Office, or Medium-High Residential and/or Office if developed in conjunction with a Senior Housing Overlay District (SHOD), as provided in Section 17.32.020.C.3. In the Bear Gulch area, along both sides of Foothill Boulevard, a Mixed Use District allows Commercial and/or Medium Residential/Medium-High Residential as provided in Section 17.32.020.C.3