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