Loading...
HomeMy WebLinkAbout665 - Ordinances ORDINANCE NO. 665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWAND A NORTH SPECIFIC PLAN AMENDMENT DRCENPSA01-01, TO AMEND THE ETIWANDA NORTH SPECIFIC PLAN LAND USE MAP FROM OPEN SPACE TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 11.5 ACRES LOCATED ATTHE FUTURE EXTENSION OF DAY CREEK BOULEVARD, APPROXIMATELY 1.3 MILES NORTH OF HIGHLAND AVENUE. APN: PORTION OF 225-07-67, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. The Etiwanda School District filed an application for Etiwanda North Specific Plan Amendment DRCENDSPA01-01 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Etiwanda North Specific Plan Amendment is referred to as "the application." 2. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and issued Resolution No. 01-60, recommending to the City Council that the associated General Plan Amendment DRCGPA01-01A be approved. 3. On June 13, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and issued Resolution No. 01-61, recommending to the City Council that the Etiwanda North Specific Plan Amendment 01-01 be approved. 4. On July 18, 2001, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated application and issued Resolution No. 01-177 approving the associated General Plan Amendment DRCGPA01-01A. 5. On July 18, 2001, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated application 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: 1. This Council hereby specifically finds that all of the facts set fodh in the Recitals, Pad A, of this Ordinance are true and correct. Ordinance No. 665 Page 2 of 10 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on July 18, 2001, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to approximately 11.5 acres of land, with an irregular configuration, located at the future extension of Day Creek Boulevard, approximately 1.3 miles north of Highland Avenue. Said property is currently designated as Open Space and is vacant; and b. The property to the north of the subject site is designated Utility Corridor within the Etiwanda North Specific Plan and are developed as an electrical transmission corridor. The properties to the west are designated Low Residential (2-4 dwelling units per acre) and are vacant. The properties to the east are designated Utility Corridor within the Etiwanda North Specific Plan and are developed with a water storage facility. The properties to the south are designated Open Space and Low Residential (2-4 dwelling units per acre), and are vacant; and c. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development in a manner consistent with the General Plan and with related development; and d. ThisamendmentdoespromotethegoalsandobjectivesoftheLandUse Element; and e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties. 3. Based upon the substantial evidence presented to this Council dudng 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. 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 size exceeding minimum size requirements for the land use designation, and the evidence of similar uses existing in the immediate area; and b. Thattheproposedamendmentwouldnothavesignificantimpactsonthe environment nor the surrounding properties as evidenced by the existing single-family development activities in the immediate area; and c. That the proposed amendment is in conformance with the General Plan, which contains provisions for Low Residential land use designations. 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 recommends adoption of a Mitigated Negative Declaration and the Monitoring Program, attached hereto and incorporated herein by this reference, based upon the findings as follows: Ordinance No. 665 Page 3 of 10 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 City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed below. MITIGA TED MEASURES Water 1) The project shah comply with the California Regional Water Quality Control Board's requirements relating to the National Pollutant Discharge Elimination System (NPDES) and applicable Best Management Practices. 2) The project's drainage improvements shall be designed in accordance with City regulations and standards. Air Quality 1) Throughout grading and construction activities, the project contractor shall implement the following: a) Thesiteshallbetreatedwithwaterorothersoil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~0 emissions, in accordance with SCAQMD Rule 403. b) Perimeter streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. c) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~0 emissions from the site during such episodes. d) 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 PM~0 emissions. e) Select the construction equipment used on-site based on low-emission factors and high-energy efficiency and ensures the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. Ordinance No. 665 Page 4 of 10 f} Utilize electric or clean alternative fuel-powered equipment where feasible. 9) Ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. h) Thewheelsofvehiclesleavingtheconstructionsiteshall be washed. Noise 1) During project site excavation and grading, the contractor shall implement the following: a) Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. b) Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors to the southeast of the site. c) Locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors to the southeast of the site during all project construction. d) Limitallconstructionrelatedactivitiesthatwouldresultinhigh noise levels between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday, unless such construction activities do not result in noise levels exceeding 45 dBA at residences to the southeast of the site. No construction shall be allowed on Sundays and public holidays. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City 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 the City Council during the public headng, the City 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 Etiwanda North Specific Plan Amendment DRCENSP01-01 to establish a Low Residential (2-4 dwelling units per acre) designation for the site identified in this Ordinance and as shown in Exhibit "A" of this Ordinance. 6. The City Clerk shall certify to the adoption of this Ordinance. Ordinance No. 665 Page 5 of 10 PASSED, APPROVED, AND ADOPTED this 1st day of August 2001. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: Dutton ABSTAINED: None ATTEST: D s , City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 18th day of July 2001, and wastpassed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 1 s day of August 2001. Executed this 2nd day of August 2001, at Rancho Cucamonga, California. "[)ebra J. Adam, CMC, City Clerk Ordinance No. 665 Page 6 of 10 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: General Plan Amendment 01-01A; Etiwanda North Specific Plan Amendment 01-0'1; Tentative Tract 16100 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration forthe above-listed pmjecL 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 pmcodures may be necessary based upon recommendations by those responsible for the prograe~. 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 Repoffing Forms to ensure they are filled out correclJy and proper action is ta ken 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 cevedng 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 Reporfjng Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attacheO 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 repoding docureenta~ion will be kept in the project file with the department having the odginal 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 DMsion 10500 Civic Center Drive Rancho Cucamenga, CA 91730 Ordinance No. 665 Page 7 of 10 MITIGATION MONITORING PROGRAM GPA 01-01A, ENSPA01-01, & TT16100 - ETIWANDA SCHOOL DISTRICT Page 2 3. Appropriate specialists will be retained if technical expertise beyond the Cibj staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide apprepdate wdtten approvals to the project planner. 4. The project planner or responsible City depadment will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Fom~. After each measure is vedfied for compliance, no further action is required for the spedtic phase of development- 5. All MMP Reporting Forms for an impact issue requiring no further monitodng 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 adse 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 appropdato design, construction, or operational personnel, 7. The project planner or responsible City deparlroent has the authority to stop the work of construction contractore if compliance with any aspects of the MMP is not occurring alter wdtten notiticetion 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 a II mitigation measures are implemenled. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development 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 monitodng/repoffing plan shall conform to the City's MMP and shall be approved by the Community Development Director pdor to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: GPA 01-01 A: ENSPA 01-01: 'FT' 16100 Applicant: tlwa a ool D strict Initial Study Prepared by: Duane Morlte Date: May 15. 2001 1. The project shall comply with the California CP/CE C Prior to C 2 Regional Water Quality Control Board's issuance of requirements relating to the National Potlutant grading permit Discharge Elimination System (NPDES) and applicable Best Management Practices. 2. The project's drainage improvements shall be CE B C 2 designed in accordance with City regulations Prior to and standards. issuance of grading permit Air Quality 1. Throughout grading and construction activities, the project contractor shall implement the following: CP C As Necessary A 4 · The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB,) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. · Perimeter streets shall be swept according to · schedule established by 0 the City to reduce PM~o emissions ~- associated with vehicle tracking Of soil .5' --0~ off-site. Timing may vary depending ~ ~ upon time Of year of construction. ~ · 0oo2~ 0 ' 'OO Grading operations shall be suspended .o o~ when wind speeds exceed 25 mph to c~ minimLze PM~o emissions from the sits ~ dudng such episodes. · Chemical soil stabilizem lapproved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. · Select the construction equipment used on-site based on low-emission factors and high-energy efficiermy and ensure the construction grading plans Include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. · Utilize electdc or clean aitemative fuel- powered equipment where fee~lWe, · Ensure that construction grading plans include a statement that work crews will CP C A 4 shut off equipment when not in use. As necessary · The wheels of vehicles leaving the construction site shall be washed. Noise 1. During project site excavation and grading, the contractor shall implement the following: · Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors to the southeast of the site. Locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors to the southeast of the site during all project construction. · Limit all construction related activities that would rasuit in high noise levels to between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday, unless such construction activities do not rasuit in noise levels exceeding 45 dBA at residences to the southeast of the site. No construction shall be allowed on Sundays and public holidays. Key to Checklist Abbreviations CDD- Community Development A- With Each New Develop'~l~nt A- b'r~'-Site Inspection 1- Withhold Ranordation Director CP - City Planner or dasignee 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 dasignee D - On Completion D - Separate Submittal (Reports / Studies 4 - Stop Work Order / Plans) PO - Police Captain or dasignee E - Operating 5 - Retain Deposit or Bonds FC - Fire Chief or dasignee 6 - Revoke CUP