HomeMy WebLinkAbout08-39 - Resolutions RESOLUTION NO. 08-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
VICTORIA COMMUNITY AMENDMENT DRC2006-00447, A REQUEST TO
CHANGE THE VICTORIA COMMUNITY PLAN LAND USE DESIGNATION
FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING
UNITS PER ACRE) FOR APPROXIMATELY 4.79 ACRES OF LAND AT THE
NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT;
AND MAKING FINDINGS IN SUPPORT OF -APN: 1089-581-01.
A. Recitals.
1. Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed
an application DRC2006-00447, requesting a change to the Victoria Community Plan land use
designation, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject amendment is referred to as "the application."
2. On the 27th day of August 2008, 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 August 27, 2008, including written and oral staff reports,
together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to the property within the City; and
b. The proposed Victoria Community Plan Amendment will not have a significant
impact on the environment; and
C. The proposed change in the Victoria Community Plan land use designation of
the subject site will be 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 Victoria Community Plan that sought to fulfill the need
for housing in a variety of residential types including condominiums. The requested land use
change and associated tract map to develop market rate condominiums on the site will result in
a more efficient use of the subject site that is generally compatible with the existing residential
development in the immediate area. The land use designation change from commercial to
residential will also result in fewer potential land use conflicts between a larger commercial
center and adjacent residential uses. Finally, the density level of the proposed Medium
Residential (8-14 dwelling units/acre) land use designation will provide a natural transition
between the Medium-High density (14-24 dwelling units/acre) level of the condominium project
to the north and the Low-Medium density level of the single-family development to the east and
west of the site.
PLANNING COMMISSION RESOLUTION NO. 08-39
DRC2006-00447 — CHARLES JOSEPH ASSOCIATES.
August 27, 2008
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. The proposed Victoria Community Plan 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 Victoria Community Plan 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 Victoria Community Plan 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. 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 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. 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.
PLANNING COMMISSION RESOLUTION NO. 08-39
DRC2006-00447 — CHARLES JOSEPH ASSOCIATES.
August 27, 2008
Page 3
5. Based upon the findings and conclusion set forth in Paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends approval of Victoria Community Plan Amendment
DRC2006-00447 by adoption of the attached City Council Ordinance, as shown in the attached
Exhibit A.
Planning Department
1) Approval of this amendment to the Victoria Community Plan is contingent on
the approval of the General Plan Amendment to change the Neighborhood
Commercial designation to Medium Residential
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.
• 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
PLANNING COMMISSION RESOLUTION NO. 08-39
DRC2006-00447 — CHARLES JOSEPH ASSOCIATES.
August 27, 2008
Page 4
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 occur
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:
• 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
PLANNING COMMISSION RESOLUTION NO. 08-39
DRC2006-00447 — CHARLES JOSEPH ASSOCIATES.
August 27, 2008
Page 5
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) If any paleontological resource (i.e. plant or animal 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 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.
• Prepare, identify, and curate all recovered fossils for
documentation in the summary report and transfer to an
appropriate depository (i.e., San Bernardino County Museum).
• Submit a summary report to the City of Rancho Cucamonga.
Transfer collected specimens with a copy of the report to
San Bernardino County Museum.
Geology and Soils
1) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and RWQCB) daily to reduce PM10
emissions, in accordance with SCAQMD Rule 403 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
PLANNING COMMISSION RESOLUTION NO. 08-39
DRC2006-00447 — CHARLES JOSEPH ASSOCIATES.
August 27, 2008
Page 6
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
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 storm 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 (WQMP) prepared by
R.T. Quinn & Associates, (May 14, 2008) 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,
PLANNING COMMISSION RESOLUTION NO. 08-39
DRC2006-00447 — CHARLES JOSEPH ASSOCIATES.
August 27, 2008
Page 7
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 (NO]) 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) Prior to issuance of Building Permits, the applicant shall submit to
the Planning Director and Building Official for review and approval,
building plans that demonstrate compliance with the noise
attenuation recommendations of the acoustical engineer as
contained in the Noise Impact Analysis prepared by LSA Associates
(August 2006), and on file with the Planning Department. Any
alternative methods proposed for mitigating noise impacts on the
project shall be prepared by the acoustical engineer and presented
to the City for review and approval by the Planning and Building
Departments.
2) Construction or grading on weekdays shall not take place between
the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any
time on Sunday or a national holiday.
3) 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
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 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.
PLANNING COMMISSION RESOLUTION NO. 08-39
DRC2006-00447 — CHARLES JOSEPH ASSOCIATES.
August 27, 2008
Page 8
4) The perimeter block wall shall be constructed as early as possible in
first phase.
5) Haul truck deliveries on weekdays shall not take place between the
hours of 8:00 p.m. and 6:30 a.m. 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.
APPROVED AND ADOPTED THIS 27TH DAY OF AUGUST 2008.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: O
Richard B. Fletcher, Chairman
ATTEST:
Ames R. Troyer, AICP, Secretary
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 27th day of August 2008, by the
following vote-to-wit:
AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, STEWART,WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ORDINANCE NO. 08-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA,APPROVING VICTORIA COMMUNITY PLAN
AMENDMENT DRC2006-00447, A REQUEST TO CHANGE THE PLAN
FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL TO BRING
THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 4.79
ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF BASE
LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN
SUPPORT THEREOF —APN: 1089-581-01.
A. Recitals.
1. Charles Joseph and Associates filed an application for Victoria Community Plan
Amendment No. DRC2006-00447, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Amendment is referred to as "the application."
2. On August 27th, 2008, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the application DRC2006-00447 and issued Resolution
No. 08-", recommending the City Council approve the above listed application.
3. On , 2008, the City Council of the City of Rancho Cucamonga conducted a duly
noticed public hearing on this application and concluded said hearing on that date.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon the substantial evidence presented to this City Council during the
above-referenced public hearing on , including written and oral staff reports,together
with public testimony, this City Council hereby specifically finds as follows:
a. The application applies to approximately 4.79 acres of vacant land that slopes from
north to south. Said property is currently designated as Village Commercial; and
b. The project site is currently zoned Village Commercial and is within the Victoria
Community Plan (VCP). The properties surrounding the site are also in the VCP and specifically
identified as single-family residential development to the east and west in the Low-Medium Density
Residential District; condominiums to the north in the Medium-High Residential District; and a small
commercial retail center to the immediate south/southeast in the Village Commercial District. Further
south across Base Line Road is the Filippi Winery in the High Density Residential District; and
C. This amendment does not conflict with the Land Use Policies of the General Plan
and will provide for development within the district in a manner consistent with the General Plan and
with related development; and
CITY COUNCIL ORDINANCE NO. 08-XX
VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 — CHARLES JOSEPH
ASSOICATES
(date)
Page 2
d. This amendment does promote the goals and objectives of the Land Use Element;
and
e. This amendment would not be materially injurious or detrimental to the adjacent
properties and would not have a significant impact on the environment, nor the surrounding
properties; and
f. 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; and
g. That the proposed amendment would not have significant impacts on the
environment, nor the surrounding properties; and
h. That the proposed amendment is in conformance with the General Plan.
SECTION 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, the Victoria Community Plan Amendment is hereby amended to change the Development
District Map in words and figures as shown in the attached Exhibit A.
SECTION 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 City Council finds that there is no substantial evidence that the
project will have a significant effect upon the environment and adopts a Mitigated Negative
Declaration and Monitoring 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 City Council 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 City Council further finds that the
Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council.
Based on these findings, the Planning Commission hereby adopts the Mitigated Negative
Declaration.
C. The City Council 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 City Council therefore adopts the Mitigation
Monitoring Program for the project.
CITY COUNCIL ORDINANCE NO. 08-XX
VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 — CHARLES JOSEPH
ASSOICATES
(date)
Page 3
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 City Council'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.
SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance
is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not
affect the validity of the remaining portion of this Ordinance, The City Council of the City of Rancho.
Cucamonga hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more
section, subsections, clauses, phrases or words might subsequently be declared invalid or
unconstitutional or preempted by subsequent legislation.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published within 15 days after its passage at least once in the Inland Valley Daily
Bulletin, a newspaper of general circulation published in the City of Ontario, California, circulated in
the City of Rancho Cucamonga, California.
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