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
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