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HomeMy WebLinkAbout07-04 - Resolutions RESOLUTION NO. 07-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE TO ENACT DEVELOPMENT DISTRICT AMENDMENT DRC2005-01008,A REQUEST TO CHANGE THE DEVELOPMENT DISTRICT FROM INDUSTRIAL PARK (SUBAREA 7)TO GENERAL COMMERCIAL (TO REFLECT THE CURRENT GENERAL PLAN DESIGNATION OF GENERAL COMMERCIAL), LOCATED AT THE SOUTHEAST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-021- 31 AND 32. A. Recitals. 1. Charles Joseph Associates filed an application for Development District Amendment DRC2005-01008, as described in the title of this Resolution. Hereinafter in this Resolution,the subject Development District Amendment is referred to as "the application." 2. On January 24, 2007, 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. B. Resolution. NOW,THEREFORE, it is herebyfound,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 January 24, 2007, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 12.66 net acres of land located at the southeast corner of Foothill Boulevard and Rochester Avenue and is presently vacant. Said property is currently designated as Industrial Park (Subarea 7); and b. 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 the surrounding development by providing opportunities for office, hospitality, and commercial land uses that will provide support uses and services for the nearby Commercial Districts located in the vicinity of the area of the project site; and C. This amendment does promote the goals and objectives of the Land Use Element by allowing for commercial-related uses such as restaurants, banks,fast food,and other similar retail and office uses to be developed under one land use district utilizing master planning; and d. 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 because the amendment will allow for office, retail, and food uses to be integrated into a master- planned development under one land use district. PLANNING COMMISSION RESOLUTION NO. 0-04 DRC2005-01008 — CHARLES JOSEPH ASSOCIATES January 24, 2007 Page 2 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. That 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 as evidenced by its frontage on a public street and the evidence of similar uses existing in the immediate area; and b. That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties as evidenced by the existing commercial development and activities in the immediate area; and C. That the proposed amendment is in conformance with the existing General Plan designation General Commercial. 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 and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and,based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA;and(ii)that,based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission,therefore, adopts the Mitigation Monitoring Program for the project. d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The project site is surrounded by industrial and commercial development, and the site has not been identified as potential location for habitat that is known to support sensitive biological species. Further, the site contains no blue line streams. Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game PLANNING COMMISSION RESOLUTION NO. 0-04 DRC2005-01008 — CHARLES JOSEPH ASSOCIATES January 24, 2007 Page 3 Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) e. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 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 DRC2005-01008,an amendment to the Development District Map to change approximately 12.66 acres of land located at the southeast corner of Foothill Boulevard and Rochester Avenue from Industrial Park (Subarea 7)to General Commercial as described in the Resolution and shown as Exhibit A of the Draft City Council Ordinance by adoption of the Draft City Council Ordinance and including the condition shown below. Planning Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees,because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve the applicant of his obligations under this condition. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 24TH DAY OF JANUARY 2007. PLANNING C /FISSION OF THE CITY OF RANCHO CUCAMONGA BY: Pam Stewa , C irman ATTEST: R. James V Troyer, AICP, Planning D' ector I, James R.Troyer,AICP, 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 24th day of January 2007, by the following vote-to-wit: AYES: COMMISSIONERS: > MACIAS, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLETCHER City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Development District Amendment 2005-01008, Tentative Parcel Map SUBTT17818, and Development Review DRC2005-01084. 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 Planning Director, 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 DRC2005-01008, SUBTT17818, AND DRC2005-01084 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's 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 Department. The Department 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 Planning Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC2005-01008. SUBTT17818, and DRC2005-01084 Applicant: Charles Joseph Associate Initial Study Prepared by: Douglas Fenn Date: December 14, 2006 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Air.Quality All construction equipment shall be maintained in good PD 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 PD/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 PD 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: Reestablish ground cover on the construction site BO C Review of Plans A/C 2/4 through seeding and watering. 1 of 7 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for 1 Implementing Action for Monitoring Frequency Verification Verification Date • 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 ractices. • 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., 60 C During A 4 wind speeds exceeding 25 mph) in accordance with construction Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C Review of Plans A 4 haul trucks or cover payloads using tarps or other suitable means. The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and the construction Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (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,o emissions. The construction contractor shall utilize electric or clean BO C Review of Plans A/C 4 alternative fuel-powered equipment where feasible. 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 industrial and commercial facilities shall post signs BO C Review of Plans A 4 requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 2 of 7 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance All industrial and commercial facilities shall designate PD C Review of Plans A/C 2/3 preferential parking for vanpools. All industrial and commercial site tenants with 50 or PD C Review of Plans D 2/3 more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. All industrial and commercial site tenants with 50 or PD C Review of Plans D 2/3 more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 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 PD/BO C Review of A/D 3/4 sites from demolition or significant modification Report without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require PD/BO C Review of A/D 3/4 incorporation of archaeological sites within new Report developments, using their special qualities as a theme or focal point. Pursue educating the public about the PD/BO C Review of A/D 3/4 archaeological heritage of the area. Report Propose mitigation measures and recommend PD/BO C Review of A/D 3/4 conditions of approval to eliminate adverse project Report effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. 3 of 7 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Prepare a technical resources management report, PD C Review of A/D 3/4 documenting the inventory, evaluation, and Report 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 PD B Review of A/D 4 field survey of the project site. The paleontologist shall Report 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 PD B Review of A/D 4 equipped to allow the rapid removal of fossils with Report 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 A/D 4 or graded, divert earth-disturbing activities Report 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 PD D Review of D 3 Cucamonga. Transfer collected specimens with a Report copy of the report to the San Bernardino County Museum. Geologic Problem's The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and Construction RW QCB)daily to reduce PM,o emissions,in accordance with SCAQMD Rule 403. Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PM,o Construction emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 4of7 Mitigation Measures No. Responsible Monitoring Timing of Method of Verif ied Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PM,o 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 PM,a emissions. Hydrology and Water Quality Structures to retain precipitation and runoff on-site shall BO B/C/D Review of Plans A/C 2/4 be integrated into the design of the project where appropriate. Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders,seepage pits,and recharge basins. Prior to issuance of grading permits, the applicant shall BO B/C/D Review of Plans A/C 2/4 prepare a Storm Water Prevention Pollution Plan (SWPPP) that identifies Best Management Practices (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. Prior to issuance of building permits, the applicant shall BO B/C/D Review of Plans A/C 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (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 June 2004. 5 of 7 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Prior to issuance of grading or paving permits, the BO B/C/D Review of Plans A/C 2/4 applicant shall submit to the City Engineer 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 Engineer 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 Planning Department. The said consultant shall report their findings to the Planning Department 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. 6 of 7 Mitigation Measures No. Responsible . . of Verif led Sanctions for Implementing Action for Monitoring Frequency Verif ication Verif ication 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 A - With Each New A - On-site Inspection 1 - Withhold Recordation of Final or designee Development Map PD— Planning Director 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 7of7 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Development District Amendment DRC2005-01008, Tentative Parcel Map SUBTPM17818, and Conditional Use Permit DRC2005-01084 Public Review Period Closes: January 24, 2007 Project Name: Project Applicant: Charles Joseph Associates 10681 Foothill Boulevard, Suite 395 Rancho Cucamonga, CA 91730 Project Location (also see attached map): Located at the southeast comer of Foothill Boulevard and Rochester Avenue—APN: 0229-021-31 and 32. Project Description: A request to change the Development District from Industrial Park(Subarea 7) to General Commercial (to reflect the current General Plan Designation of General Commercial)and a request to subdivide 12.66 net acres of land into 6 parcels for an office and commercial center consisting of one bank with drive-thru at 4,500 square feet(Building A), one drive-thru restaurant at 2,430 square feet (Building B), two restaurant Buildings totaling 13,000 square feet (Buildings C and E), one retail multi-tenant/restaurant building at 5,100 square feet (Building D), and a two-story 39,400 square foot medical office (Building F). FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive(909)477-2750 or Fax(909)477-2847. NOTI E The public is invited to comment on the propose Mit ated Negati a Declaration during the review period. January 24. 2007 ,�- Date of Determination A opted By /