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HomeMy WebLinkAbout05-40 - Resolutions RESOLUTION NO. 05-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT DISTRICT AMENDMENT DRC2005-00107, A REQUEST TO CHANGE THE ZONING DESIGNATION FROM GENERAL COMMERCIAL TO PARK FOR 3.36 ACRES OF LAND, LOCATED ON THE EAST SIDE OF MADRONE AVENUE, BETWEEN SANDALWOOD COURT AND RICHWOOD DRIVE, AND TO CHANGE THE LAND USE DESIGNATION FROM GENERAL INDUSTRIAL (SUBAREA 1) TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR 5.54 ACRES OF LAND,-LOCATED ON THE NORTH SIDE OF 9TH STREET, APPROXIMATELY 600 FEET EAST OF MADRONE AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-262-18 (PORTION OF) AND 27. A. Recitals. 1. Rancho Cucamonga Housing Partners, LP requested a change to the Development District land use designations, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 25th day of May 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. 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 May 25, 2005, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property within the City; and b. The proposed development district amendment will not have a significant impact on the environment; and C. The proposed development district amendment is consistent with the land use concept and density provisions of the Rancho Cucamonga General Plan. The proposed land use changes will more effectively implement the goals and objectives of the General Plan, in that they will encourage orderly development of the site that is generally consistent and compatible with development surrounding the site. The requested land use changes and associated parcel map enable the applicant to make more efficient use of land by replacing partially undeveloped land and non-conforming industrial uses with new residential development and open space for a public park. The land use changes will result in fewer land use conflicts between commercial/industrial uses and surrounding residential development. The proposal will PLANNING COMMISSION RESOLUTION NO. 05-40 DRC2005-00107— RANCHO CUCAMONGA HOUSING PARTNERS, LP May 25, 2005 Page 2 eliminate an existing unsightly and non-conforming industrial use from the north side of 9th Street where the area is largely developed with residential uses. Moreover, 9th Street serves as a logical dividing line between residential uses on the north and future 'light industrial' uses anticipated for the south side of the street. The proposed Medium Residential (8-14 DUs/Acre) land use designation for the largest parcel will be consistent with the density levels of residential development on nearby parcels on the north side of 9th Street. Apartments exist to the north, and townhome and single-family development exist on the west side of Madrone Avenue. Thus, the proposal will result in a land use pattern that is consistent with the existing land use designations and development pattern of the area. The reservation of land area for the future development and use as a public park will address the need for more park space in this area of the community as identified in the General Plan. When the park is completed, it will further improve and strengthen the existing residential neighborhood on the north side of 9th Street. 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 proposed development district amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area; and b. The proposed development district amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. The proposed development district 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 that the City Council adopt a Mitigated Negative Declaration, 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. The Mitigated Negative Declaration identifies no significant environmental effect will result if this amendment is approved. 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 PLANNING COMMISSION RESOLUTION NO. 05-40 DRC2005-00107— RANCHO CUCAMONGA HOUSING PARTNERS, LP May 25, 2005 Page 3 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 conclusion set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development District Amendment DRC2005-00107 by adoption of the attached City Council Ordinance, as shown in the attached Exhibit A. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in 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. 2) Prior to the issuance of any grading permits, the 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. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • 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. PLANNING COMMISSION RESOLUTION NO. 05-40 DRC2005-00107— RANCHO CUCAMONGA HOUSING PARTNERS, LP May 25, 2005 Page 4 • 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. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) 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. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: PLANNING COMMISSION RESOLUTION NO. 05-40 DRC2005-00107— RANCHO CUCAMONGA HOUSING PARTNERS, LP May 25, 2005 Page 5 • 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 Center for permanent archiving. 2) A qualified paleontologist shall conduct a 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. • 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. 3) Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geologic and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o PLANNING COMMISSION RESOLUTION NO. 05-40 DRC2005-00107— RANCHO CUCAMONGA HOUSING PARTNERS, LP May 25, 2005 Page 6 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets 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 the 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 PM10 emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the stone drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by MDS Consulting (March PLANNING COMMISSION RESOLUTION NO. 05-40 DRC2005-00107— RANCHO CUCAMONGA HOUSING PARTNERS, LP May 25, 2005 Page 7 2005) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between 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. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perforin weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. 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. 3) The perimeter block wall shall be constructed as early as possible in first phase. PLANNING COMMISSION RESOLUTION NO. 05-40 DRC2005-00107— RANCHO CUCAMONGA HOUSING PARTNERS, LP May 25, 2005 Page 8 4) Haul truck deliveries shall not take place between 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. 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF MAY 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich M ias, C i n ATTES Dan Coleman, Acting Secretary I, Dan Coleman, Acting 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 25th day of May 2005, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2005-00107, A REQUEST TO CHANGE THE ZONING DESIGNATION FROM GENERAL COMMERCIAL TO PARK FOR 3.36 ACRES OF LAND, LOCATED ON THE EAST SIDE OF MADRONE AVENUE, BETWEEN SANDALWOOD COURT AND RICHWOOD DRIVE AND TO CHANGE THE LAND USE DESIGNATION FROM GENERAL INDUSTRIAL (SUBAREA 1) TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR 5.54 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF 9TH STREET, APPROXIMATELY 600 FEET EAST OF MADRONE AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-262-18 (PORTION OF) AND 27, A. Recitals. 1. Rancho Cucamonga Housing Partners, LP requested a change to the Development District land use designations, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 25th day of May 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. On the day of 2005, the City Council 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 Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on _, 2005, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: . a. The application applies to 12.8 gross acres of land within the General Commercial and Industrial (Sub Area 1) districts, consisting of restaurant/offices, surface parking, small residential cottages, a non-conforming industrial use, and undeveloped land; and b. Surrounding the site are apartments and single-family homes on large lots to the north; vacant land zoned for Industrial Park uses (Subarea 17) to the south (across 9th Street); non-conforming industrial uses to the east; and townhome and single-family development to the west (across Madrone Avenue); and DDA DRC2005-00107— RANCHO CUCAMONGA HOUSING PARTNERS, LP Page 2 c. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed 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. The proposed amendment does promote the goals and objectives of the Development Code and the General Plan; 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; and d. 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, this Council finds that there is no substantial evidence the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration, 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 this Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. That, based upon the facts associated with the proposed project, no significant adverse environmental effects will occur. C. Pursuant to the Provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, this Council 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 this Council during the public hearing, the Council 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 Council hereby approves Development District Amendment DRC2005-00107 by the adoption of the attached Exhibit A. 6. The Secretary to this Council shall certify to the adoption of this Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT DRC2005-00107, A REQUEST TO CHANGE THE ZONING DESIGNATION FROM GENERAL COMMERCIAL TO PARK FOR 3.36 ACRES OF LAND, LOCATED ON THE EAST SIDE OF MADRONE AVENUE, BETWEEN SANDALWOOD COURT AND RICHWOOD DRIVE AND TO CHANGE THE LAND USE DESIGNATION FROM GENERAL INDUSTRIAL (SUBAREA 1) TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR 5.54 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF 9TH STREET, APPROXIMATELY 600 FEET EAST OF MADRONE AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207-262-18 (PORTION OF) AND 27. A. Recitals. 1. Rancho Cucamonga Housing Partners, LP requested a change to the Development District land use designations, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 25th day of May 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. On the day of 2005, the City Council 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 Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on 2005, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to 12.8 gross acres of land within the General Commercial and Industrial (Sub Area 1) districts, consisting of restaurant/offices, surface parking, small residential cottages, a non-conforming industrial use, and undeveloped land; and b. Surrounding the site are apartments and single-family homes on large lots to the north; vacant land zoned for Industrial Park uses (Subarea 17) to the south (across 9th Street); non-conforming industrial uses to the east; and townhome and single-family development to the west (across Madrone Avenue); and DDA DRC2005-00107 — RANCHO CUCAMONGA HOUSING PARTNERS, LP Page 2 C. The proposed amendment will not have a significant impact on the environment. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed 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. The proposed amendment does promote the goals and objectives of the Development Code and the General Plan; 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; and d. 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, this Council finds that there is no substantial evidence the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration, 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 this Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. That, based upon the facts associated with the proposed project, no significant adverse environmental effects will occur. C. Pursuant to the Provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, this Council 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 this Council during the public hearing, the Council 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 Council hereby approves Development District Amendment DRC2005-00107 by the adoption of the attached Exhibit A. 6. The Secretary to this Council shall certify to the adoption of this Ordinance. I I I I I I II I I I I I I I r ■ Z :..:...:.:.:.: :.:.:. Lu ................... ..... .... ..................................... . r: ?D: a: e : . . RICHWOOD '2 .......SD . :: w z 0 . : : : al : 0 ...:<�:�: :•::�:::. �.�::.::.�::� ...9TH ....... ......... CkSITE BOUNDARY ISP SUBAREA 1 BOUNDARY ADJUSTMENT 300 0 300 600 Feet fSELOPMENT DIST.AMENDMENT DRC2005-00107 M GC GI IP P FC pkofosED ZOO)l)4 DRC2005-00107 DDA &WIVIr 4qotq to 1 RICHWOOD { E m SANDALWOOD i lJ CT7. w z M m 9TH 300 0 300 600 Feet SITE BOUNDARY EXISTING ISP SUBAREAI BOUNDARY M ® GC IP EXISTING ZONING GI DRC2005-00107 DDA FC City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: General Plan Amendment DRC2005-00106, Development District Amendment DRC2005-00107, Tentative Parcel Map SUBTPM17156, and Development Review DRC2005-00220 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 Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program GPA DRC2005-00106, DDA DRC2005-00107, SUBTPM17156, and DR DRC2005-00220 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 Citys 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.'s: General Plan Amendment DRC2005-00106• Development District Amendment DRC2005-00107• Tentative Parcel Map SUBTP17156: and Tentative Tract Map SUBTT17455 Applicant: Rancho Cucamonga Housing Partners, LP Initial Study Prepared by: Michael Diaz Date: April 13. 2005 ResponsibleMitigation Measures No.I g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Air Quality All construction equipment shall be maintained in good CP C Review of plans A/C 2/4 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/BO C 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 CP C Review of plans A/C 2/4 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 standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108. All construction equipment shall comply with SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403. Additionally, contractors shall include the following provisions: 1 of 8 Mitigation Responsible Monitoring Timing of Method . f Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. • Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4 • Phase grading to prevent the susceptibility of large BO C Review of plans A/C 2/4 areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of BO C Review of plans A/C 2/4 exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of plans A 4 accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carried over to adjacent public construction thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. • Suspend grading operations during high winds(i.e., BO C During A 4 wind speeds exceeding 25 mph)in accordance with construction SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other soil- BO C During A 4 stabilizing agent (approved by SCAQMD and Regional construction Water Quality Control Board [RWQCB])daily to reduce PM,o emissions,in accordance with SCAQMD Rule 403. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,a emissions. The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel powered equipment where feasible. 2 of 8 Mitigation . . of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance The construction contractor shall ensure that BO C Review of plans A/C 2/4 Construction Grading Plans include a statement that work crews will shut off equipment when not in use. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate high-efficiency/low-polluting heating,air conditioning,appliances,and water heaters. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping. Cultural Resources If any prehistoric archaeological resources are encountered before or during grading,the developer will . retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated CP/BO C Review of report A/D 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require CP/BO C Review of report A/D 3/4 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 CP/BO C Review of report A/D 3/4 archaeological heritage. • Propose mitigation measures and recommend CP/BO C Review of report A/D 3/4 conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. 3of8 Mitigation Measures No.I Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prepare a technical resources management report, CP C Review of report A/D 3/4 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 Center for permanent archiving. A qualified paleontologist shall conduct a preconstruction CP B Review of report A/D 4 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 CP B Review of report A/D 4 equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared BO B/C Review of report A/D 4 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 CP D Review of report D 3 Cucamonga. Transfer collected specimens with a copy of the report to the San Bernardino County Museum. Geology and Soils The site shall be treated with water or other soil- BO C During A 4 stabilizing agent(approved by SCAQMD and RWQCB) construction daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 4of8 Mitigation Measures No.I Responsible of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PM10 construction 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 C During A 4 speeds exceed 25 mph to minimize PM10 emissions construction from the site during such episodes. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and Water.Quality , Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4 shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. An Erosion Control Plan shall be prepared, included in BO B/C/D Review of plans A/C 2/4 the Grading Plan, and implemented for the proposed project that identifies specific measures to control on- site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a)Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California,and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 5of8 Mitigation . Responsible Monitoring Timing . od of Verified Sanctions Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance During construction, temporary berms such as BO B/C/D Review of plans A/C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sedimentfrom the site when there is rainfall or other runoff. During construction, to remove pollutants, street BO B/C/D Review of plans A/C 2/4 cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. The developer shall implement the BMPs identified in CE B/C/D Review of plans A/C 2/4 the Water Quality Management Plan(WQMP)prepared by MDS Consulting (March 2005) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years,shall be submitted to the City for review and approval prior to the issuance of grading permits. Prior to issuance of building permits,the applicant shall CE B/C/D Review of plans A/C 2/4 submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 6of8 Mitigation Measures No.I Responsible Monitoring Timing of of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prior to issuance of grading or paving permits,applicant BO B/C/D Review of plans A/C 2/4 shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise Construction or grading shall not take place between the BO C During A 4 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. Construction or grading noise levels shall not exceed the BO C During A 4 standards specified in Development Code Section construction 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 Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Department. 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. The perimeter block wall shall be constructed as early CP C During A A as possible in the first phase. construction 7of8 Mitigation . . . . of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance Haul truck deliveries shall not take place between the PO/BO C During A 4/7 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction 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 8of8