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HomeMy WebLinkAbout01-177 - Resolutions RESOLUTION NO. 01-177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRCGPA01-01A, A REQUEST TO AMEND THE GENERAL PLAN LAND USE MAP FROM PUBLIC FACILITIES-PARKTO LOW RESIDENTIAL(2-4 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 11.5 ACRES LOCATED AT THE 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 General Plan Amendment DRCGPA01-01A 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. 01-60,recommending to the City Council that General Plan Amendment 01- 01A 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. 01-177 Page 2 of 7 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 Public Facilities-Park and is vacant; and b. The property to the north of the subject site is designated Public Facilities-Flood Control/Utility Corridor and is developed as an electrical transmission corridor. The property to the west is designated Low Residential (2-4 dwelling units per acre)and is vacant. The properties to the east and south are designated Public Facilities-Park and are developed with a water storage facility and Low Residential(2-4 dwelling units per acre), and are partially developed with single-family projects; 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 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. That the proposed amendment would not have significant impacts on the 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: Resolution No. 01-177 Page 3 of 7 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. Mitigated Measures Water 1) The project shall 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) 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. b) Perimeter streets shall be swept according to a schedule established by the City to reduce PM10 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 PM10 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 PMO 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. f) Utilize electric or clean alternative fuel-powered equipment where feasible. Resolution No. 01-177 Page 4 of 7 g) Ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. h) 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: a) Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistentwith 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) Limit all construction related activities that would result in high 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 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 General Plan Amendment DRCGPA01-01A to establish a Low Residential (2-4 dwelling units per acre)designation for the site identified in this Resolution and as shown in Exhibit"A" of this Resolution. 6. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 01-177 Page 5 of 7 PASSED, APPROVED, AND ADOPTED this 18"' day of July 2001. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None r William J. Alex d ayor ATTEST: Debra J. Ada CMC, City Clerk I,DEBRA J.ADAMS,CITY CLERK of the Cityof 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'h day of July 2001. Executed this 19`h day of July, at Rancho Cucamonga, California. ebra J. 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