HomeMy WebLinkAbout08-14 - Resolutions RESOLUTION NO. 08-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
GENERAL PLAN AMENDMENT DRC2008-00115, TO REVISE AND
UPDATE THE HOUSING ELEMENT IN ACCORDANCE WITH ARTICLE
10.6, SECTIONS 65580 TO 65589.8, OF THE CALIFORNIA
GOVERNMENT CODE,AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. The City of Rancho Cucamonga filed an application for General Plan Amendment No.
DRC2008-00115 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 April 9, 2008, 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 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 April 9, 2008, including written and oral staff reports, together with
public testimony, this Commission hereby specifically finds as follows:
a. The proposed Housing Element Amendment is in substantial conformance with the
provisions of Article 10.6, Sections 65580 to 65589.8 of the California Government Code; and
b. This proposed Housing Element is consistent with the other elements of the
General Plan as provided through the organization and construction of the General Plan into super
elements in which the goal, objectives, and policies contained in these elements are interrelated and
dependent upon one another, and as a result of the technical update to the General Plan adopted
on November 17, 2001; and
C. The proposed amendment furthers the attainment of the City's overall housing goal
through the development and implementation of the 5-year action program and quantified objectives
that promote the preservation, maintenance, and development of housing opportunities for all
economic segments of the community.
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 draft 2008 Housing Element is in conformance with the General Plan; and
PLANNING COMMISSION RESOLUTION NO. 08-14
GPA DRC2008-00115 - CITY OF RANCHO CUCAMONGA
April 9, 2008
Page 2
b. That the draft 2008 Housing Element will not have significant impacts on the
environment; and
C. That the draft 2008 Housing Element is in substantial compliance with the
provisions of Article 10.6, Sections 65580 to 65589.8, of the California Government Code..
4. Based upon the facts and information contained in the proposed Mitigated Negative
Declaration, togetherwith all written and oral reports included for the environmental assessmentfor
the application, the Planning Commission recommends that the City Council find that there is no
substantial evidence that the project will have a significant effect upon the environment and adopts a
Mitigated Negative Declaration and Monitoring 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, the 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, the 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
recommends that the City Council find that the Mitigated Negative Declaration reflects the
independent judgment and analysis of the City Council. Based on these findings, the Planning
Commission hereby recommends the City Council adopt 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
recommends the City Council adopt the Mitigation Monitoring Program for the project.
d. 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 recommendation is based is the City Planner 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 conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends approval of General Plan Amendment No. DRC2008-00115.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF APRIL 2008.
PLANNING COMMISSION RESOLUTION NO. 08-14
GPA DRC2008-00115 - CITY OF RANCHO CUCAMONGA
April 9, 2008
Page 3
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: Ie-� 4-�'z
Pam art, Chairman
ATTEST: W _ ll Li
Corkran W. Nicholson, Acting Secretary
I, Corkran W. Nicholson, 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 9th day of April, 2008, by the following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER,HOWDYSHELL,MUNOZ,STEWART,WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
City of Rancho Cucamonga
U�N��N^� � �No�� U�x���N�x���� ���
���kNNN��0��& NN� �Nv� 8��N� �U��� N � �N�0� N����U
���������� � ��
��'N���~��� N�����U��N
Project File No.: GENERAL PLAN AMENDMENT DRC2008-00115
This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation
measures identified inthe 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 21O81.0of the Public Resources Cnde).
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 hnensure compliance. The mitigation measure conditions ufapproval
are contained inthe adopted Resolution nfApproval 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 hereported.
3. The MMP has been designed to provide focused, yet flexible guidelines. An monitoring
prOgreSso8, changes to oornp|ieno8 procedures may be necessary based upon
recommendations bythose 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 f illed out correctly
and proper action istaken oneach mitigation. Each City department shall ensure compliance ofthe
conditions (noidga[iun) that relate 1nthat 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 WYK8P 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
tnwhom and when compliance will bereported. All monitoring and reporting documentation will
bekept inthe project file with the department having the original authority for processing the
p,ujoo1. Reports will be available from the City upon request at the following address:
City ofRancho Cucamonga ' Lead Agency
Planning Department
1O508Civic Center Drive
Rancho Cucamonga, CA 91730
MITIGATION MONITORING PROGRAM
DRC2008-00115
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 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 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.: DRC2008-00115 Applicant: City of Rancho Cucamonga
Initial Study Prepared by: Rina Leung Date: March 5. 2008
Mitigation Measures No. Responsible Monitoring of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance
Aesthetics
Agricultural Resources.
Air Quality
Contractors shall be required to use alternative fuels, PD C Review of plans A/C 2
new technology, lower emission engines and other
methods as may be feasible, and shall specify the
anticipated Green House Gas (GHG) reductions.
Truck drivers shall turn off engines when not in use; all PD E Inspections A 7
diesel delivery trucks servicing the multiple-family
developments shall not idle for more than five minutes
per truck trip per day.
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. 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.
1of10
Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
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.
• 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.
2of10
Mitigation Measures No.I Responsible of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
• 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 BO C During A 4
soil-stabilizing agent (approved by SCAQMD and construction
Regional Water Quality Control Board (RWQCB)) daily
to reduce Particulate Matter (PM10) 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 PMIO 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 thatwork
crews will shut off equipment when not in use.
All industrial and commercial facilities shall designate PD C Review of plans A/C 2/3
preferential parking for vanpools.
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.
3of10
Mitigation Measures No. Responsible Monitoring
g of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Biological Resource's
New Eucalyptus windrows shall be planted, a minimum
of 2,050 linear feet, in 5-gallon size, as required by the
Etiwanda Specific Plan.
Existing Eucalyptus windrows and other trees shall be
removed and replaced with 5-gallon Eucalyptus
Maculata 'spotted gum', spaced 8 feet on center.
h � ,- • � ti
Cultural Resources
.x
r
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 PD16O 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 PD/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 PD/BO C Review of report A/D 3/4
archaeological heritage of the area.
• Propose mitigation measures and recommend PD/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 CECA
guidelines.
4of10
Mitigation Measures No./ Responsible Monitoring Timing of
of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Prepare a technical resources management report, PD 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.
If any paleontological resource (i.e. plant or animal PD B Review of report A/D 4
fossils) are encountered before or during grading, the
developer will retain a qualified paleontologist to monitor
construction activities, to take appropriate measures to
protect or preserve them for study. 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 PD 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.
Prepare, identify,and curate all recovered fossils for PD D Review of report D 3
documentation in the summary report and transfer to
an appropriate depository (i.e., San Bernardino
County Museum).
Submit summary report to City of Rancho PD D Review of report D 3
Cucamonga. Transfer collected specimens with a
copy to the report to San Bernardino County
Museum.
5of10
Mitigation • ResponsibleMonitoring Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Geology and Soils
The site shall be treated with water or other BO C During A 4
soil-stabilizing agent (approved by SCAQMD and construction
RWQCB)daily to reduce PM,o emissions,in accordance
with SCAQMD Rule 403 or re-planted with drought
resistant landscaping as soon as possible.
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 time of year
of construction.
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,o emissions..
Hazards and Waste Materials
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.
6of10
Mitigation Measures No. Responsible g of Method .
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
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 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.
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 sediment from 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 BO B/C/D Review of plans A/C 2/4
the Water Quality Management Plan(WQMP)prepared
by (name/date) 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.
7of10
Mitigation Measures No.
Responsible of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance
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.
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.
Land Use.and Planning
Mineral Resources 3•
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.
8of10
Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification
Date/initials Non-Compliance
Construction or grading noise levels shall not exceed the BO C During A 4
standards specified in Development Code construction
§17.02.120(D), as measured at the property line.
Developer shall hire a consultant to perform weekly
noise level monitoring as specified in Development
Code §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.
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.
Population and Housing
i
Public Services "
.Recreation
9of10
Mitigation Measures No.I Responsible Monitoring Timing of
of Verified Sanctions for
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Tta n spo rtation/T ra ffi c
Utilities and Service Systems
Mandatory Findings of Significance
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
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
I:\plan n ing\final\ceg a\mmchklst-rev 12-4-06final.doc
10 of 10