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HomeMy WebLinkAbout01-176 - Resolutions RESOLUTION NO. 01-176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRCGPA01-01B, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT AND MAP PROVISIONS 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 208-331-25 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 208-331-25 AND 26), AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS. 1. Burnett Companies filed an application for General Plan Amendment DRCGPA01-01 B 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 June 13, 2001,the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No.01-57, recommending to the City Council that General Plan Amendment 01- 01 B be approved. 3. On July 18, 2001,the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. 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 City Council of the City of Rancho Cucamonga as follows: 1. This Council 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 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: Resolution No. 0176 Page 2 of 8 a. The application applies to approximately 31.5 acres of land, basically 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 property is currently designated as Industrial Park and Medium-High Residential (14-24 dwelling units per acre) and is developed with a single-family residence and small agricultural storage structure; and b. The property to the north of the subject site is designated Commercial and is developed with retail and office shopping centers. The propertyto the west,on the opposite side of the Deer Creek Flood Control Channel, is designated Office and Low-Medium Residential (4-8 dwelling units per acre)and is partially developed with a retail wine store. The property to the east is designated Industrial Park and is developed with an office complex. The property to the south is designated Industrial Park and Medium-High Residential (14-24 dwelling units per acre)and is partially 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 in a manner consistent with the General Plan and with related development; and 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. 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, 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 public 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 by the existing multiple-family, office, and commercial activities in the immediate area; and 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 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: Resolution No. 01-176 Page 3 of 8 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. Environmental Mitigation 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 PM10 emissions, in accordance with SCAQMD Rule 403. This will result in a minimum reduction of 68 percent of PM10 emissions during grading. 2) Public roads used for access to the site (Haven Avenue, Foothill Boulevard,and Civic Center Drive)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 PM,()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. 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 low-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 5 percent reductions of ROG, NO., and PM10 emissions. Resolution No. 01-176 Page 4 of 8 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, re-striping 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 prior to demolition. Noise 1) 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 used 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. Resolution No. 01-176 Page 5 of 8 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. 5. 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. 6. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby recommends approval of General Plan Amendment DRCGPA01-01 B to establish a Mixed Use designation for the site identified in this Resolution and shown in Exhibit "A" of this Resolution, and to add the following text to the General Plan Land Use Element, page III-18, as a third paragraph to the Mixed Use land use description: The City has identified the following areas for special mixed use consideration: Foothill Boulevard and Haven Avenue site (southwest corner) — This is a relatively large (31.5 acres) and significant site within the central business district of the City. Once one of the significant vineyards of the local viticulture industry, the site is strategically located on the southwest comerof Historic Route 66 Foothill Boulevard, and the City's new office park conidor,Haven Avenue. This land area presents an opportunity to expand the growing office and commercial activities around the community's key intersection while also providing new multiple-family residential opportunities for professionals who are employed within the immediate office and industrial area. The following table specifies the uses and range of development that is anticipated to bring positive aspects to revitalize the area: Resolution No. 01-176 Page 6 of 8 PERCENT ACREAGE LAND USE MIX RANGE RANGE High Residential 40% -45% 12.6— 14.2 acres (24-30 dwelling units/acre) Office and 55% - 60% 17.3— 18.9 acres Commercial The land use categories proposed within the mixed use area shall be of the character and intensity as defined in the corresponding sections of the Land Use Element. 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED,AND ADOPTED this 18`h day of July 2001. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: None ABSTAINED: Dutton William J. AI ander, Mayor ATTEST: &ea J. Adam C, City Clerk Resolution No. 01-176 Page 7 of 8 I, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga,California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California,at a Regular Meeting of said City Council held on the 18'" day of July 2001. Executed this 19`h day of July, at Rancho Cucamonga, California. krJ. 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