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HomeMy WebLinkAbout702 - Ordinances ORDINANCE NO. 702 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT DDA2002-00001, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM OFFICE TO MIXED USE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 207-101-32, 33 AND 50. A. RECITALS. 1. The Frazier Group filed an application for Development District Amendment DDA2002-00001 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 January 22, and continued to February 12, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment application and issued Resolution No. 03-17, recommending to the City Council that General Plan Amendment GPA2002-00001 be approved. 3. On January 22, and continued to February 12, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval of the application by the adoption of Resolution No. 03-18. 4. On March 19, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated General Plan Amendment application and issued Resolution No. 03-074, approving the associated General Plan Amendment GPA2002-00001. 5. On March 19, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and conducted said hearing on that date. 6. All legal prerequisites prior to the adoption ofthis Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, it is hereby found, determined, and ordained 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 Ordinance are true and correct. 2, Based upon the substantial evidence presented to this Council during the above- referenced public hearing on March 19, 2003, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: Ordinance No. 702 Page 2 of 10 a. The application applies to approximately 7.24 acres of land, basically a triangular configuration, located on the north side of Foothill Boulevard, west of the Cucamonga Channel and is presently vacant. Said property is currently designated as Office; and b. The property to the north of the subject site is vacant and the future Pacific Electric Inland Empire Trail. The property to the west is designated Low Residential (2-4 dwelling units per acre) and is vacant. The property to the east is designated Community Commercial and is the Vineyard Town Center. The property to the south is designated Medium Residential and developed with a trailer park and single-family homes. 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 v~th 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. $. 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 propertyis suitable for the uses permitted inthe proposed district in terms of access, size, and compatibility with existing land use in the surrounding area as evidenced by 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 existing medium density residential development 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 adopts a Mitigated Negative Declaration and Monitoring attached hereto, and incorporated herein by this reference, based upon the findings as follows: Ordinance No. 702 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, v~qich are listed below. Environmental Mitigation: Water 1) Prior to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Plan that identifies Best Management Practices to be implemented during the period the site is under construction. Best Management Practices shall be identified on the Grading Plan for review and approval by the City Engineer. Air Quality 1) The site shall be treated with water or other soil-stabilizJng agent (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) daily to reduce PM~o emissions, in accordance with South Coast Air Quality Management District Rule 403. 2) Streets adjacent to the site 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. 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM~o emissions from the site during such episodes. 4) Chemical soil stabilizers (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. Ordinance No. 702 Page 4 of 10 5) 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 manufacturers' specifications. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. ?) The construction contractor shall ensure that Construction Grading Plans include a statement that ~ork crews will shut off equipment when not in use. No~e 1) Recommendations and/or mitigation measures presented in the noise analysis shall become a part of the Mitigation Monitoring Plan for the project. If sound barriers and/or building elements designed to reduce interior noise levels are require d, then theyshall be incorporated into design plans. 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 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. $. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this City Council hereby approves Development District Amendment DDA2002-00001 to change the district from Office to Mixed Use for the site identified in this Ordinance, as shown on Exhibit "A" of this Ordinance. 6. The City Clerk shall certify to the adoption of this Ordinance. Please see the following page for formal adoption, certification and signatures Ordinance No. 702 Page 5 of 10 PASSED, APPROVED, AND ADOPTED this 2nd day of April 2003. AYES: Alexander, Gutierrez, Howdyshell, Kudh, Williams NOES: None ABSENT: None ABSTAINED: None William J. A~,~ander, Mayor AI-I'EST: 'D~b~ J. Ad~', 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 19th day of March 2003, and waspassed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 2nadayof April 2003. Executed this 3rd day of April 2003, at Rancho Cucamonga, California. DEVELOPMENT DISTRICT MAP 0 0 1000 2000 3000 Feet N ~ ~ Ordinance No. 702 Page 7 of 10 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No,: GPA2002-O0001, DDA2002-00001, and DCA2002-00001 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. 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 qf 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 procedures may be necessary based upon recommendations by those responsible for the program. Pregram 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 ovemees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken 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 covering 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 Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and Io whom and when compliance will be reporfed. All monitoring and reporting documentation will be kept in the project file with the department having the original 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 Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Ordinance No. 702 Page 8 of 10 Mitigation Monitoring Program Page 2 3. Appropriate specialists will be retained if technical expertise beyond the Cify staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate wfittan approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. AIl MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated cimurnstances may arise 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 apprepdate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification 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 all mitigation measures are implemented. 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 indMdual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director pdor to the issuance of building permits. I:~FINAL~C EQA',MM P Forrn-rev.wpd MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: GPA2002-00001, DDA2002-0001, & DCA2002-0001 Applicant: Frazier Group Initial Study Prepared by: Warren Morelion Date: December 30, 2002 Pdor to Issuance of grading permits, the ~ppll,~,t shall prepare a I CP/CE B Review of plans C 2 Storm Water Pollution Prevention P~an that identifies Best I ;- used on-site based on Iow emission fac~rs and high-energy efficiency. 2 I project. Ifsound barflersand/or buildingelementsdesignedfore (D O -oO Key to Checklist Abbreviations o .o CDD -Communi~ ~lopment Dire~r or de~gn~ A - W[~ EB~ N~ Oewlop,,,u.,i A - On-si~ Inspe~n 1 - Wilhold Re~a~n of ~nal Map CP -Ci~ Planner or designee B - ~or TO Con~on B - O~er ~en~ Pe~it / ~pmval 2 - Wilhold Grading or Buildin[Pe~it CE - CI~ Eng~n~r or designee C - ~mughout C~on C - Plan Ch~ 3 - Wilhold Ce~fl~te of O~pan~ BO - ~ilding ~dal or designee D - On ~mple~on D - ~pam~ Submi~l (Re~ I S~di~ I Plans) 4 - S~p WOA O~er PO * Poli~ Cap.in or design~ E - O~e~flng 5 - Re.in De.sit or ~nds FC - Rm Chief or designee 6 - Revoke CUP