HomeMy WebLinkAbout04-67 - Resolutions RESOLUTION NO. 04-67
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
GENERAL PLAN AMENDMENT DRC2003-01162, TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM VERY LOW
RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW
RESIDENTIAL(2-4 DWELLING UNITS PERACRE) FOR APPROXIMATELY
80 ACRES OF LAND, AND FROM VERY LOW RESIDENTIAL
(.1-2 DWELLING UNITS PER ACRE) TO CONSERVATION FOR
APPROXIMATELY 45 ACRES OF LAND, GENERALLY LOCATED NORTH
OF WILSON AVENUE BETWEEN EAST AVENUE AND WARDMAN
.BULLOCK ROAD; AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 0225-084-08 (PORTION) AND 09 AND 0226-081-05, 06, 07, 08, 11,
12, AND 13.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for General Plan Amendment
DRC2003-01162, 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 the 26th day of May 2004, 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 this Resolution have occurred.
4. The Planning Commission has reviewed and considered the associated Initial Study and
Negative Declaration prepared for said project.
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 May 26, 2004, including written and oral staff reports, together
with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to approximately 125 acres of the 300-acre site, basically a
rectangular configuration, located north of Wilson Avenue between East Avenue and Wardman
Bullock Road, and is presently vacant, undeveloped, land. Said property is currently designated as
Very Low Residential (.1-2 dwelling units per acre); and
b. The property to the north of the subject site is designated Very Low Residential
(.1-2 dwelling units per acre)and Flood Control/Utility Corridor and is comprised of vacant land,flood
control, and utility corridors, and is the proposed site of Tentative Tract Map 16324 also referred to
the Henderson Creek property. The property to the south is designated Conservation/Flood Control,
Mixed Use, and Very Low Residential (.1-2 dwelling units per acre) and includes Etiwanda Creek,
PLANNING COMMISSION RESOLUTION NO. 04-67
GPA DRC2003-01162 — ETIWANDA CREEK ANNEXATION
May 26, 2004
Page 2
Fire Station No. 176, and vacant land. The property to the east is designated Very Low Residential
(.1-2 dwelling units per acre) and includes Sheridan Estates and Brentwood Estates. The property to
the west is vacant and is designated Low Residential (2-4 dwelling units per acre) and Very Low
Residential (.1-2 dwelling units per acre) and is the proposed site of Tentative Tract Map 16072,
also referred to the Richland Pinehurst property; and
C. This amendment does not conflict with the Land Use Policies of the General Plan,
and will provide for future development within the district in a manner consistent with the General
Plan and with related development; and
d. This amendment promotes 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. 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; and
b. The proposed amendment would not have significant impacts on the environment
nor the surrounding properties; and
C. The proposed amendment is in conformance with the General Plan.
4. The Planning Commission has reviewed and considered the associated Initial Study and
Negative Declaration prepared for said project. This Commission hereby recommends that the City
Council make the following findings:
a. The conclusions set forth in the Initial Study are supported by substantial evidence
in the administrative record.
b. The Initial Study has identified all significant physical environmental impacts of the
project and there are no known potentially significant physically environmental impacts not
addressed in the Initial Study.
C. The significant physical impacts identified in the Initial Study, as a result of the
project have been mitigated, avoided, or reduced to an acceptable level by the imposition of
mitigation measures on the project. These mitigation measures are attached hereto as part of the
Mitigation Monitoring Program and are incorporated herein by this reference.
d. The Initial Study identified significant physical impacts forthe following areas:short-
term air quality as related to future development, biological resources as related to future
development and loss of habitat; cultural resources as related to future development; geology and
soils related to future development and portions of the site occurring within the Etiwanda Avenue
Scarp segment of the Red Hill fault zone; Hazards and Waste Materials related to future
development as the site is located within a hazardous fire area; and short-term noise related to
PLANNING COMMISSION RESOLUTION NO. 04-67
GPA DRC2003-01162 — ETIWANDA CREEK ANNEXATION
May 26, 2004
Page 3
future development. Mitigation measures are incorporated into the project to reduce impacts to less
than significant levels.
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends approval of General Plan Amendment DRC2003-01162 as
shown on attached Exhibit 1.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 26TH DAY OF MAY 2004.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: /W a�
Rich Macias, Chairman
ATTEST:
Brad ecret
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 May 2004, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, MACIAS, McNIEL, McPHAIL, STEWART
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ETIWANDA CREEK ANNEXATION
D ' 11 1 •
D ' 11 1
Flood Control/Utili
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Very
Very Low ToConservatio
. .
co
Very Low to Low
m ow to
Wilson Avenue
---
800 0 800 1600 Feet
GENErx/-%L PLAN AMENDMENT
[3 ETIWANDA CREEK ANNEXATION
C3P- . - .SED GP CONSERVATIO
E3PROPOSED . LOW
City of Rancho Cucamonga
in MITIGATION MONITORING
PROGRAM
Project File No.: Annexation DRC2003-01164, General Plan Amendment DRC2003-01162, and
Etiwanda North Specific Plan Amendment DRC2003-01163
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
DRC2003-01164, DRC2003-01162, DRC2003-001163
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 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.: DRC2003-01164, DRC2003-01162, AND DRC2003-01163 Applicant: City of Rancho Cucamonga
Initial Study Prepared by: Steve Walker, LSA Associates, Inc. Date: March 3, 2004
ResponsibleMitigation Measures No./ Implementing Action of Verified Sanctions for
for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Air Quality `
The following mitigation measures shall be implemented
during all future development to reduce impacts to less-
than-significant levels:
All construction equipment shall be maintained in BO C Review of Plans A 4
good operating condition so as to reduce operational
emissions. The contractor shall ensure that all
construction equipment is being properly serviced
and maintained as per manufacturers'specifications.
Maintenance records shall be available at the
construction site for City verification.
Prior to the issuance of any grading permits, the CP B Review of Plans C 2
developer shall submit construction plans to the City
denoting the proposed schedule and projected
equipment use. Construction contractors shall
provide evidence that low-emission mobile
construction equipment will be utilized, or that their
use was investigated and found to be infeasible for
the project. Contractors shall also conform to any
construction measures imposed by the South Coast
Air Quality Management District (SCAQMD)as well
as City Planning Staff.
All paints and coatings shall meet or exceed BO C Review of Plans A 4
performance standards noted in SCAQMD Rule
1113. Paints and coatings shall be applied either by
hand or high volume, low-pressure spray.
All asphalt shall meet or exceed performance BO D Review of Plans A 3
standards noted in SCAQMD Rule 1108.
All construction equipment shall comply with BO/CP C Review of Plans A 4
SCAQMD Rules 402 and 403. Additionally,
contractors shall include the following provisions:
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Mitigation Measures No. / Implementing Action Responsible Monitoring Timing of Method of Verified Sanctions for
for Monitoring Frequency Verification Verification
Date/initials Non-Compliance
• Reestablish ground cover on the construction site
through seeding and watering.
• Pave or apply gravel to any on-site haul roads.
• Phase grading to prevent the susceptibility of
large areas to erosion over extended periods of
time.
• Schedule activities to minimize the amounts of
exposed excavated soil during and after the end
of work periods.
• Dispose of surplus excavated material in
accordance with local ordinances and use sound
engineering practices.
• Sweep streets according to a schedule
established by the City if silt is carried over to
adjacent public thoroughfares or occurs as a
result of hauling. Timing may vary depending
upon the time of year of construction.
• Suspend grading operations during high winds
(i.e., wind speeds exceeding 25 mph) in
accordance with Rule 403 requirements.
• Maintain a minimum 24-inch freeboard ratio on
soils haul trucks or cover payloads using tarps or
other suitable means.
The site shall be treated with water or other soil- BO C Review of Plans A 4
stabilizing agent (approved by SCAQMD and
Regional Water Quality Control Board [RWQCB])
daily to reduce PM10 emissions, in accordance with
SCAQMD Rule 403.
Chemical soil-stabilizers(approved by SCAQMD and BO/CP C Review of Plans A 4
RWQCB)shall be applied to all inactive construction
areas that remain inactive for 96 hours or more to
reduce PM10 emissions.
The construction contractor shall utilize electric or BO/CP C Review of Plans A 4
clean alternative fuel-powered equipment where
feasible.
The construction contractor shall ensure that CP B Review of Plans C 2
construction grading plans include a statement that
work crews will shut off equipment when not in use.
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Mitigation Measures No./ Implementing Action
Responsible . . of Verified Sanctions for
for Monitoring Frequency Verification Verification Date/initials Non-Compliance
All residential structures shall be required to CP D Review of Plans A/C 3
incorporate high efficiency/low polluting heating, air
conditioning, appliances, and water heaters.
All residential structures shall be required to CP D Review of Plans A/C 3
incorporate thermal pane windows and weather-
stripping.
Biological Resources
The following mitigation measures shall be implemented
with any future proposal for development:
Each future project proponent shall prepare a CP A/B Review of Plans D 2
Biological Resources Habitat Assessment for the
area of the proposed project site. Focused protocol
surveys for federally listed endangered/threatened
species, such as the San Bernardino kangaroo rat
and/or the California gnatcatcher,may be warranted
based on the results of the Biological Resources
Habitat Assessment. Results of the surveys will be
evaluated with each specific proposal for
development.
Each future project proponent shall acquire and CP A/B Review of Plans C 2
convey to the County of San Bernardino County
Special Districts land within OS-1 and the North
Etiwanda Open Space and Habitat Preservation
Program that supports RAFSS habitat. Land shall
be acquired at a ration of 1-acre for each acre of
RAFSS disturbed by the proposed project.
Cultural Resources
The following mitigation measures shall be implemented
with any future proposal for development:
If any prehistoric archaeological resources are CP C During A 4
encountered during grading, the developer will be Construction
retain a qualified archaeologist to monitor
construction activities,to take appropriate measures
to protect or preserve them for study. With the
assistance of the archeologist, the City of Rancho
Cucamonga will:
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Mitigation Responsibleof Verified Sanctions for
for Monitoring Frequency Verification Verification Date/initials Non-Compliance
• Enact interim measures to protect undesignated
sites from demolition or significant modification
without an opportunity for the City to establish its
archaeological value.
• Consider establishing provisions to require
incorporation of archaeological sites within new
developments, using their special qualities as a
theme or focal point.
• Pursue educating the public about the area's
archaeological heritage.
• Propose mitigation measures and recommend
conditions of approval to eliminate adverse
project effects on significant, important, and
unique prehistoric resources, following
appropriate CEQA guidelines.
• Prepare a technical resources management
report, documenting the inventory, evaluation,
and proposed mitigation of resources within the
project area. Submit one copy of the completed
report with original illustrations, to the San
Bernardino County Archaeological Information for
permanent archiving.
A qualified paleontologist shall conduct a CP B Review of Report D/A 4
preconstruction field survey of the project site. The
paleontologist shall submit a report of findings that will
also provide specific recommendations regarding
further mitigation measures (i.e., paleontological
monitoring)that may be appropriate.Where mitigation
monitoring is appropriate, the program must include,
but not be limited to,the following measures:
• Assign a paleontological monitor, trained and
equipped to allow the rapid removal of fossils with
minimal construction delay, to the site full-time
during the interval of earth-disturbing activities.
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Mitigation Measures No./ Implementing Action
Responsible . . of Verified Sanctions for
for Monitoring Frequency Verification Verification Date/initials Non-Compliance
• Should fossils be found within an area being
cleared or graded, divert earth-disturbing
activities elsewhere until the monitor has
completed salvage. If construction personnel
make the discovery, the grading contractor
should immediately divert construction and notify
the monitor of the find.
• Submit a summary report to the City of Rancho
Cucamonga.Transfer collected specimens with a
copy of the report to the San Bernardino County
Museum.
Geology and Soils
In accordance with the Alquist-Priolo Earthquake Fault CE A/B Review of Plans D 2
Zone Act, any future development of the portion of the
site that is within the Etiwanda Avenue Scarp segment
of the Red Hill fault zone must be accompanied with a
Geotechnical analysis to determine site-specific
mitigation measures.
The following fugitive dust mitigation measures shall be
implemented with any future residential development
applications to reduce impacts to less-than-significant
levels:
The site shall be treated with water or other soil- BO/CP C Review of Plans A 4
stabilizing agent (approved by SCAQMD and
RWQCB) daily to reduce PM10 emissions, in
accordance with SCAQMD Rule 403.
Frontage public streets shall be swept according to a BO/CP C Review of Plans A 4
schedule established by the City to reduce PM10
emissions associated with vehicle tracking of soil off-
site. Timing may vary depending upon the time of
year of construction.
Grading operations shall be suspended when wind BO/CP C Review of Plans A 4
speeds exceed 25 mph to minimize PM10 emissions
from the site during such episodes.
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Mitigation Measures No. / Implementing Action Responsible Monitoring Timing of Method of Verified Sanctions for
for Monitoring Frequency Verification Verification
Date/initials Non-Compliance
Chemical soil-stabilizers(approved by SCAQMD and BO C Review of Plans A 4
RWQCB)shall be applied to all inactive construction
areas that remain inactive for 96 hours or more to
reduce PM 10 emissions.
Hazards and Waste Materials
The annexation area is located in the "Hazardous Fire CP/CE A Review of Plans A/C 2
Area" based on proximity to or exposure to urban-
wildland interface. Mitigation measures will be required
in order to mitigate future development proposals. Any
future residential structures shall be constructed in
accordance with the standards contained in the San
Bernardino County Fire Safety Overlay District Area FR-
1 and FR-2, and all applicable requirements of the
Rancho Cucamonga Fire Protection District.
Applications for future residential development shall CP/CE A/B Review of Plans D 2
include a Fuel Modification Plan, which has been
reviewed and approved by the Rancho Cucamonga Fire
Protection District. The plan shall be prepared by an
individual or firm qualified and experienced in wildlife
hazard mitigation planning.
Noise
The following mitigation measures shall be implemented
with any future construction projects:
Construction or grading shall not take place between CP C Review of Plans A 4
the hours of 8:00 p.m. and 6:30 a.m. on weekdays,
including Saturday, or at any time on Sunday or a
national holiday.
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Mitigation Measures No./Implementing Action
Responsible g of Method .
for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Construction or grading noise levels shall not exceed CP C Review of Plans A 4
the standards specified in Development Code
Section 17.02.120-D, as measured at the property
line. The developer shall hire a consultant to
perform weekly noise level monitoring as specified in
Development Code Section 17.02.120. Monitoring at
other times may be required by the Planning
Division. Said consultant shall report their findings to
the Planning Division within 24 hours; however, if
noise levels exceed the above standards, then the
consultant shall immediately notify the Planning
Division. If noise levels exceed the above standards,
then construction activities shall be reduced in
intensity to a level of compliance with above noise
standards or halted.
Haul truck deliveries shall not take place between the CP C Review of Plans A 4
hours of 8:00 p.m. and 6:30 a.m. on weekdays,
including Saturday, or at any time on Sunday or a
national holiday. Additionally, if heavy trucks used
for hauling would exceed 100 daily trips (counting
both to and from the construction site), then the
developer shall prepare a noise mitigation plan
denoting any construction traffic haul routes. To the
extent feasible,the plan shall denote haul routes that
do not pass sensitive land uses or residential
dwellings.
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-Fire Chief or designee 6-Revoke CUP
7—Citation
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