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HomeMy WebLinkAbout703 - Ordinances ORDINANCE NO. 703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DCA2002-00001, A REQUEST TO ESTABLISH A MIXED USE DISTRICT TO ALLOW FOR MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) AND OFFICE USES, OR MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND OFFICE USES WHEN DEVELOPED IN CONJUNCTION WITH A SENIOR HOUSING OVERLAY DISTRICT (SHOD), WITH ACCOMPANYING DEFINITIONS, PROCESSING PROVISIONS, AND DEVELOPMENT STANDARDS, BY AMENDING SECTIONS 17.08 AND 17.32 OF THE CITY OF RANCHO CUCAMONGA'S DEVELOPMENT CODE 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 Code Amendment DCA2002-00001 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code 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 and Development District Amendment applications and issued Resolution No. 03-17 and Resolution No. 03-18, respectively, recommending to the City Council that General Plan Amendment GPA2002-00001 and Development District Amendment DDA2002-00001 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. 03-19. 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 and Development District Amendment applications and issued Resolution No. 03-074 and Ordinance 702, respectively, approving the associated General Plan Amendment GPA2.002-00001 and Development District Amendment DDA2002-00001. 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. Ordinance No. 703 Page 2 of 13 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: a. The application applies to property located within the City;, and b. The proposed amendment will not have a significant impact on the environment. 3. 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. This amendmentdoes not confiict 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 by permitting joint development of varying uses already listed in the General Plan; and b. This amendment does promote the goals and objectives of the Development Code by allowing the innovative use of existing development standards to expand the range of uses within a development project; and c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity by mandating the continued use of existing development procedures and standards for Mixed Use districts; and d. The proposed amendment is in conformance with the General Plan and objectives of the Development Code by continuing a policy encouraging quality development through the innovative application of existing design standards. 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. 703 Page 3 of 13 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 City 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~ich are listed below. Environmental Mitiqation: 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-stabilizing agent (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) daily to reduce PM~0 emissions, in accordance with South Coast Air Quality Management Board 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 Board and Regional Water Quality Control Board) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Ordinance No. 703 Page 4 of 13 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. Noise 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 required, then they shall 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 City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-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 Code Amendment DCA2002- 00001 to establish a Mixed Use District at lhe site identified in this Ordinance as shown in attached Exhibit "A," by modifying the text in Sections 17.08 and 17.32 as shown on attached Exhibit "B" and modifying the Subarea 1 Land Use Plan in Section 17.32.080 as shown on attached Exhibit "C." 6. The City Clerk shall certify to the adoption of this Ordinance. Please see the following page for formal adoption, ce~ificatlon end signatures Ordinance No. 703 Page 5 of 13 PASSED, APPROVED, AND ADOPTED this 2°d day of April 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J.~Al~//~ander, May&r ATTEST: De'bra J. Ad~[~', CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certity 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 was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 2n°day of April 2003. Executed this 3rd day of April 2003, at Rancho Cucamonga, California. ~~MC~, City Clerk DEVELOPMENT DISTRICT MAP 0 0 1000 2000 3000 Feet N ~ ~ Ordinance No. 703 Page 7 of 13 Section 17.08.030,F.3., Mixed Use Districts, shall be amended to add the following ne~ subsection (new text is in bold): "3. Foothill Boulevard-Cucamon.qa Channel site - This 7.24-acre site ~s located at the base of "Red Hill' on the northwest corner of Foothi~ Boulevard and the Cucamonga Channel. The following table specifies the uses and range of development that may be permitted on the site. Pement Acreage Land Use Mix Range Range Medium Residential 0% - 100% 0 - 7.24 acres (8-14 dwelling units per acre) * Office 0% - 100% 0 - 7.24 acres The land use categories proposed within the Mixed Use area shall be e~ the character and Intensity as defined in the Development Code Chapters 17.08, 17.10, and 17.32. All uses that may be authorized under office designations ara subject to a Conditional Use Permit approval. Tho corresponding development standards, as listed in Chapters 17.08, 17.10, and 17.32 for each permitted land use shall be applicable to the development within the Mixed Use District." · This Mixed Use site may be considered with a base zoning of Medium- High Residential (14-24 dwelling units per acre) if developed in conjunction with a Senior Housing Overlay District (SHOD). Section 17.32.020.C. Office. 3, Mixed Use, shal! be amended to add the following at the end o[ the section (new text is in bold): The following table specifies the uses and the range of development for the northwest comer of Foothill Boulevard and Cucamonga Channel: NWC Foothill Boulevard and Cucamonqa Channel Percent Acreage Land Use Mix Range Range Medium Residential 0% - 100% 0 - 7.24 acres (8-14 dwellln~l units per acre) * Office 0% - 100% 0 - 7.24 acres · This Mixed Use site may be considered with a base zoning of Medium-High Residential (14-24 dwelling units per acre) if developed In conjunction with a Senior Housing Overlay District (SHOD). Section 17.32.080.A. Subarea 1.7.b, Permitted and Conditionally permitted uses, shall be amended to read as follows (new text is in bold): EXHIBIT "B" Ordinance No. 703 Page 8 of 13 b. Permitted and Conditionally permitted uses: Refer to Table 17.32.030. At the northwest corner of Foothill Boulevard and Cucamonga Channel, a Mixed Use District allows Medium Residential and/or Office, or Medium-High Residential and/or Office if developed In conjunction with a Senior Housing Overlay District (SHOD), as provided in Section t?.32.020.C.3. In the Bear Gulch area, along both sides of Foothill Boulevard, a Mixed Use District allows Commercial and/or Medium Residential/Medium-High Residential as provided In Section 17.32.020.C.3 ~ ~ ~ 0 ~ SC .o ~c: MR ~IIGIONAL"II~TOCOMMENa~ PLANAREA LAND USE PLAN Ordinance No. 703 Page 10 of 13 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: GPA2002-00001, DDA2002-00001, end 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 ad. opted mitigation measures ara 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 ApprovaJ for the project. 2. A procedure of 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. Program 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 covedng all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicanL 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checldlst, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 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. 703 Page 11 of 13 I Mitigation Monitoring Program Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, tu monitor specific mitigation activities and provide appropriate written approvals to the project plarmm. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was idenl~fied 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 arrimpact 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 clmumstances 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 appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if complance with any aspects of the MMP is not occurring after wdttsn 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 iml~emented. 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 Ion,-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 sha! identify the reporter as an individual quaJified 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 prior to the issuance of building permils. i.,tFiNAL~EQAtMMP Foml-rev.w~d MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Projec~ File No.: GPA2002-00001, DDA2002-0001, & DCA2002-0001 Applicant: Frazier Group Initial Study Prepared by: Warren Morelion Date: December 30, 2002 The sith shatl be treated with water or other soil-stabilizing agent CP C Review of plates C (approved by SCAQMD and RWQCB) daily to reduce PM~D emls~io~s, 2 in accordance with SCAQMD Rule 403. S~'eeta adjacent to the site shall be swept according to a schedule CP C Review'of plans C established by/he City to reduce PM10 emissions associated with 2 vehicle tracking of soil off-site. Timing may vary depending upon time of ~ar of.construction. Grading operations shall be suspended when wind speeds exceed CP C Review of plans C 2 25 miles per hour to minimize PM~D emissions fi'om the site dudng such episodes. Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall CP C Review of plans C be applied to all Inactive construction areas that remain inactive for 2 project. If sound barders and/or building elements designed to reduce ~ Z O -~O Key to Checklist Abbreviations co .o CO CDD - Community Development Dimcto~ dr desl n_.~..~.__ A - With Each New De~ A - On-site Inspection I - Withhold Reco~atian of Fthal Map CP - City P?~nner or designee B - Prior To Cons~uctlon B - Other Ag.~._._~cy Permit I A~O proval 2 * Withhold Grading or Building Permit CE - City Engi.~_~neer or designee : * Tt~mughout Construction -- C * P~an Che.__~..~.~.~ 3 - Withhold Cergficate of Occupancy BO - Building Official or designee D - O~ Complegon D - Separate Submittal (Rel~orts I Studies I Plans) ~rk Order PO - Police Ca lain or desl r~ee ~ -- -- ~ 5 - Retain IDeposlt or Bonds FC - Fire Chief or designee 6 - Revoke CUP