Loading...
HomeMy WebLinkAbout663 - Ordinances ORDINANCE NO. 663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DRCDDA01-01, TO AMEND THE DEVELOPMENT DISTRICT MAP FROM INDUSTRIAL PARK TO MIXED USE FOR APPROXIMATELY 18.5 ACRES, LOCATED AT THE SOUTHWEST CORNER OF HAVEN AVENUE AND FOOTHILL BOULEVARD (APN: 208-331-01 AND PORTIONS OF 25 AND 26) AND FROM MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) TO MIXED USE FOR APPROXIMATELY 13 ACRES LOCATED 630 FEET WEST OF HAVEN AVENUE ON THE NORTH SIDE OF CIVIC CENTER DRIVE (APN: 208-331-24 AND PORTIONS OF 25 AND 26), ESTABLISHING SUBAREA 19 WITHIN THE INDUSTRIAL DISTRICTS FOR THE COMBINED MIXED USE SITE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS. 1. Burnett Companies filed an application for Development District Amendment DRCDDA01-01 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development District 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 hearing on the an associated application and issued Resolution No. 01-57, recommending to the City Council that the General Plan Amendment DRCGPA 01-01 B 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. 01-58, recommending to the City Council that the Development District Amendment No. 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 an associated application and issued Resolution No.01-176, approving the General Plan Amendment DRCGPA01- 0lB. 5. On July 18, 2001, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 6. All legal prerequisites pdor to the adoption of this Resolution have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: Ordinance No. 663 Page 2 of 7 1. This City Council hereby specifically finds that all of the facts set forth i.n the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon the substantial evidence presented to this Council dudng the above- referenced public hearing on July 18, 2001, including written and oral staff reports, together with public testimony, this Commission hereby specificallyfinds as follows: a. The application applies to approximately 31.5 acres of land, basically'a square configuration, located on the south side of Foothill Boulevard, north of Civic Center Drive between Haven Avenue and the Deer Creek Flood Control Channel. Said properties are currently designated as Industrial Park as part of the Haven Overlay District and Medium-High Residential (14-24 dwelling units per acre); developed with a single family residence and a small agricultural storage structure; and b. The properties to the north of the subject site is designated General Commercial and are developed with retail and office shopping centers. The properties to the west, on the opposite side of Deer Creek FloOd Control Channel, are designated Commercial/Office and Low-Medium Residential (4-8 dwelling units per acre) within the Foothill Boulevard District and are partially developed with a retail wine store. The properties to the east are designated Industrial Park and are developed with an office complex. The properties to the south are designated Industrial Park as part of the Haven Overlay District and Medium-High Residential (14-24 dwelling units per acre) and are padially developed with an apartment complex; 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 d. This amendment does promote the goals and objecfives of the Land U§e 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 during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I 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 its frontage on a pubiic street, its size exceeding minimum size requirements for the land use designation, 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 bythe existing multiple family and small commercial activities in the immediate area; and Ordinance No. 663 Page 3 of 7 c. That the proposed amendment is in conformance with the General Plan which contains provisions for Mixed Use 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 Planning Commission 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: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. ~. 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. Environmental Miti.qation Air Quality 1) The site shall be treated with water a minimum of twice per day, or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. This will result in a minimum redux!ion of 68 percent of PM~o emissions during grading. 2) Public roads used for access to the site (Haven, Foothill and Civic Center) shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. The site access haul road will be watered a minimum of twice daily. Timing may vary depending upon time of year of construction. This will result in approximately three percent reduction of PM10 emissions. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. Emissions reduction not quantifiable. 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. Ordinance No. 663 Page 4 of 7 5) Vehicle speeds will be restricted to less than 15 miles per hour on unpaved portions of the site. This will reduce PM10 emissions by 70 percent. 6) The construction contractor shall select the construction equipment used on-site based on Iow emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. This will result in five percent reductions of ROG, NOx, and PM10 emissions. 7) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 8) The construction COntractor shall ensure that construction- grading plans include a statement that work crews will shut off equipment when not in use. Traffic 1) To mitigate the impacted intersections to LOS D or better, the applicant shall pay traffic impact fees that amount to the project's fair share of roadway improvements as identified by the City Engineer. These include but are not limited to widening roadways to their full width to add additional lanes, restriping existing roads to add additional lanes, signalizing intersections, or other improvements identified by the City Engineer. 2) If the applicant proposes to develop the project with parking accommodations less than currently specified by the Development Code, concurrent with the Development/Design Review of the first phase of the project, the applicant shall submit a parking study that shows the feasibility of the proposed shared parking concept. The shared parking plan and accompanying parking study must be reviewed, and if deemed acceptable by the City, could result in approval of a shared parking plan. Otherwise, the adopted City parking requirements will be uniformly applied to the project. Hazardous Materials 1) Prior to demolition of buildings on-site, the applicant shall submit an asbestos abatement report to ensure building materials that may contain ACM are sampled and removed in accordance with applicable regulations. Materials containing less than 0.1 percent asbestos are non-regulated and do not require removal prior to demolition. Material containing 0.1 percent or more asbestos are considered regulated and must be removed prier to demolition. Ordinance No. 663 Page 5 of 7 Noise t) A perimeter wall shall be constructed around the outdoor play area of the proposed day care center. The optimum height and depth of the wall and material to be uses shall be determined in a specific noise evaluation that shall be completed during the design phase of the day care center. The noise evaluation shall be submitted with the design drawings for review and approval by the City Engineer prior to commencement of construction of the day care center. 2) Prior to issuance of building permits for the residential components of the project, the applicant shall prepare a noise evaluation that identifies future exterior and interior noise levels and identifies measures required to reduce noise impacts to less than significant levels. These measures may include but are not limited to double-paned windows, additional insulation of exterior walls, and the installation of air-conditioning units. The type of window, insulation, and air conditioning units shall be determined in consultation with City staff. The air conditioning system(s) shall be of a type that does not add appreciably to the degradation of the acoustical environment around the residential units and is approved by the City of Rancho Cucamonga. 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 hearing, 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 Development District Amendment DRCDDA 01-01 to establish a Mixed Use District and Industrial Subarea 19 at the site described in this Ordinance, and as shown in Exhibit "A" to this Ordinance. 6. The City Clerk shall certify to the adoption of this Ordinance. Please See the Following Page for Formal Certification, Adoption and Signatures Ordinance No. 663 Page 6 of 7 PASSED, APPROVED, AND ADOPTED this 1st day of August 2001. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: Dutton ABSTAINED: None ATTEST: D~b'ra J. Adam~,~'CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, 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 18t~ day of July 2001, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the l't day of August 2001. Executed this 2® day of August 2001, at Rancho Cucamonga, California. D'ebra J. Ada(4~, CMC, City Clerk DDA 01-01B Proposed Development District e . Amemdment ~ ~///////////./'/~ ~ ~ ~- ~ ~ LOW MEDIUM ~'///////////~:~E~] ~ ~ E ~ ~ MEDIUM HIGH ~~ ~~T l ~MEDIUM ~ , ~ MIXED USE ~ COMMERCI~ OFFICE ~ GENE~ COMMERC~ ~ COMMUN~ COMMERCI~ ~ ~ REGIO~ COMMERC~ ~ INDUS~ P~K ' ~ ~ GENE~ INDUS~ ~ FLO~ CO~ROL & District Boundary ..q .o