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HomeMy WebLinkAbout03-058 - Resolutions RESOLUTION NO. 03-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,CALIFORNIA,DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRCCUP00-17, REQUESTING TO CONSTRUCT A 2,945 SQUARE FOOT SERVICE STATION WITH CONVENIENCE MARKET, DRIVE-THRU CARWASH, AND PUMP ISLAND ON 1- ACRE OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT (SUBAREA 2) OF THE FOOTHILL BOULEVARD DISTRICTS, LOCATED ON THE SOUTH SIDE OF FOOTHILL BOULEVARD, WEST OF VINEYARD AVENUE,ADOPTING A REVISED AND RE- CIRCULATED MITIGATED NEGATIVE DECLARATION, AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 207-211-12 AND 13. A. RECITALS. 1) RFA Inc. filed an application for Conditional Use Permit DRCCUP00-17, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the "application." The firm of RFA Inc. is no longer representing Chevron and has been replaced by RHL Design Group. 2) On September 25, 2002, and continued to October 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings on the application and,following the conclusion of said public hearing, adopted Resolution No. 02-101, thereby approving said application. 3) The decision represented by said Planning Commission Resolution was timely appealed to this Council. 4) On March 5, 2003, and continued to March 19, 2003, and again continued to April 2, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on April 2, 2003. 5) 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. Resolution No. 03-058 Page 2 of 8 2. This Council hereby makes the following environmental findings and determinations in connection with this project: a. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the proposed construction of the 2,945 square foot service station with convenience market,drive-thru carwash,and pump island on 1-acre of land located on the south side of Foothill Boulevard, west of Vineyard Avenue (the "project"). b. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination,a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. c. On October 23, 2002, the Planning Commission adopted the Mitigated Negative Declaration and conditionally approved the project by way of Resolution No. 02-101. The approval of the project together with the environmental determination were thereafter appealed to the City Council and the matterwas set for hearing before the City Council for March 5,2003, as a "de novo appeal"as provided for in the Rancho Cucamonga Municipal Code. d. Subsequent to the filing of the appeal and prior to the City Council's March 5, 2003, City Council hearing, staff and the City's environmental consultant reviewed and considered the appellants environmental comments and prepared an augmented and revised Initial Study and Draft Mitigated Negative Declaration (the "Revised Initial Study' and "Revised Mitigated Negative Declaration"). The Revised Initial Study and Revised Mitigated Negative Declaration was re-circulated for a new 20-day comment period commencing on February 13,2003,and ending on March 5, 2003. Notice of the Intent to adopt the Revised Mitigated Negative Declaration was published as required bylaw. e. At the March 5, 2003, public hearing, the appellant filed four letters and a report from an environmental consultant objecting to the City's approval of the project and the adoption of the Revised Mitigated Negative Declaration. The City Council thereafter continued the item to the March 19, 2003, City Council meeting so as to allow staff and the City's environmental consultant time to review, consider, and respond to the comments from the appellant. A second continuance was granted at the request of staff from March 19,2003, to April 2, 2003. A supplemental staff report was presented to the City Council for it's meeting on April 2, 2003, together wth a report from Lilburn Corporation,the City's environmental consultant,dated March 26,2003. The information contained in those reports are found by the City Council to constitute a clarification and amplification of the record and not rise to the level of necessitating additional revisions to the Revised Initial Study and Revised Mitigated Negative Declaration for which re-circulation is required. Resolution No. 03-058 Page 3 of 8 f. The City Council has reviewed the Revised Initial Study and the Revised Mitigated Negative Declaration, all comments received, the supplemental staff report, the supplemental report from City's environmental consultant, and all other evidence in the record of this matter. Based on the whole record before it, the City Council finds: (i)that the Revised Initial Study and Revised Mitigated Negative Declaration were prepared in compliance with CEQA;and (ii)that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Revised Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings,the City Council hereby adopts the Revised Mitigated Negative Declaration prepared for the project. g. The City Council also reviewed and considered the Mitigation Monitoring Program for the project that had been prepared pursuant to the requirements of Public Resources Code Section 21081.6,and finds that such Program,as revised and augmented (the "Revised Mitigated Monitoring Program") is designed to ensure compliance with the mitigation measures during project implementation. The City Council hereby adopts the Revised Mitigation Monitoring Program for the project. h. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the City Council finds, based on the Revised Initial Study,the Revised Mitigated Negative Declaration, and the record as a whole, that there is no evidence that the proposed project will have a potential for adverse effect on wildlife resources or the habitat upon which wildlife depends. The site is approximately one acre in size and is within an urbanized area of the City with no identified wildlife inhabiting the site and not containing habitat upon which wildlife depends, as explained and documented in the Initial Study. Based on this evidence, the City Council hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) L The City Council hereby designates the custodian of records for the Revised Initial Study, Revised Mitigated Negative Declaration, Revised Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision was based to be the Planning Department of the City of Rancho Cucamonga. Those documents are available for public review in the office of the City Planner located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 3. Based upon substantial evidence presented to this Council during the above- referenced March 5, 2003, March 19, 2003, and April 2, 2003, hearings, including all written staff reports,the minutes of the above-referenced Planning Commission meeting,and the contents of Planning Commission Resolution No. 02-101, this Council hereby specifically finds as follows: a. The application applies to property located on the south side of Foothill Boulevard, approximately 500 feet west of Vineyard Avenue, with a street frontage of 200 feet and a lot depth of 185 feet,and is presently vacant;and Resolution No. 03-058 Page 4 of 8 b. The property to the north of the subject site is developed by the Albertson's Center,including a grocery store,drive-thru fast food,and service station;the property to the south consists of vacant land with condominiums further south; the property to the east is vacant and occupied by the Klusman House; and the property to the west is developed by a flood control channel with residential development further west across the channel; and c. The project is designed with the creative use of real river rock veneer, stucco,concrete tile roofing,and architectural massing that is consistent with the Foothill Districts architectural guidelines and the established pattern of development in the area; and d. All of the potential environmental impacts associated with the project including seismic hazards, noise,air quality,water,aesthetics,and traffic can be mitigated to a level of less than significant through the implementation of environmental mitigation measures listed below, and e. Six mature pine trees will have to be removed to accommodate the development, but their removal will be mitigated by installation of project landscaping; and f. The project will provide conveniently accessible services along a major thoroughfare within the community consistent with the intent of community commercial development. 4. 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, 2, and 3 above, this Council hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located in so far as the use is conditionally permitted in the Community Commercial District and will provide the community and commuters on Foothill Boulevard and Vineyard Avenue with additional choice for gasoline, convenience goods, and automated carwash. b. The proposed use, togetherwith the conditions applicable thereto,will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity in that all identified potential environmental impacts can be mitigated to a level of less than significant and the project includes attractive architectural and landscape design to ensure compatibility with the Foothill Boulevard street scene. c. The proposed use complies with each of the applicable provisions of the Development Code in so far as no variances are required to accommodated the project and it complies with all required setbacks, landscaping, parking, use, and height requirements. Furthermore, the project was subject to and successfully completed the City's exhaustive advisory committee review process including technical, grading, and design review to ensure compliance with all applicable code requirements. Resolution No. 03-058 Page 5 of 8 5. Based upon the findings and determination contained in this Resolution, including the adoption of the Revised Mitigated Negative Declaration, the City Council of the City of Rancho Cucamonga hereby denies the subject appeal and approves Conditional Use Permit DRCCUP00-17 for the project, subject to the conditions set forth in Section 9 of this Resolution. 6. The City Planner is directed to file a Notice of Determination regarding the adoption of the Revised Mitigated Negative Declaration and Revised Mitigation Monitoring Program in connection with this project. 7. This Council hereby provides notice to Attorney Paul Gough that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6 and Public Resources Code Section 21167. 8. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a)certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Attorney Paul Gough at the address identified in City records. 9. The project shall comply with all conditions of approval as listed in Planning Commission Resolution 02-101,as well as the following environmental mitigation measures: Environmental Mitigation Geological 1) No human occupancy structures shall be placed within the Restricted Zone as modified by the 2002 Geotechnical Report, unless a subsurface engineering geology investigation finds the area immediately northwest of the site to be free of active faulting. 2) Any proposed human occupancy structures shall be designed to a maximum probable earthquake of 7.0. 3) Positive drainage of the site shall be provided and water shall not be allowed to pond behind or flow over any natural, cut or fill slopes. Where water is collected in a common area and discharged,protection of the native soils shall be provided,as the native soils are moderately to highly susceptible to erosion by running water. 4) The final grading plan for the site shall be reviewed and approved by an engineering geologist prior to grading. 5) Fills that provide support for any proposed human occupancy structure shall not be placed in the Recommended Restricted Use Zone on the site. Resolution No. 03-058 Page 6 of 8 6) Any proposed utilities shall cross the Restricted Use Zone at a high angle in order to minimize the amount of damage to utility lines should surface movement occur within the zone. 7) The trench backfill was not compacted. An evaluation of the significance of all on-site fill, including trench backfill generated during the investigation should be determined by the project geotechnical engineer. 8) The location of the Restricted Use Zone for fault rupture hazard shall be incorporated into site plans with proper disclosure. 9) A Geotechnical Investigation shall be prepared to evaluate the condition of the exploratory trench backfill, relative to the proposed development. The investigation shall include monitoring of the backfilling and compacting, including samples taken to ensure proper compaction. Water 1) Prior to issuance of grading permits,the applicant shall prepare a Storm Water Pollution Prevention Plan that identifies Best Management Practices (BMPs) to be implemented during the period the site is under construction and ongoing during operation. BMPs shall be identified on the grading plans 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 Particulate Matter (PM)10 emission, in accordance with South Coast Air Quality Management District Rule 403. 2) Foothill Boulevard 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. 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM10 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 PMO emissions. 5) Contractor shall select the construction equipment based on low emission factors and high-energy efficiency. All construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. Resolution No. 03-058 Page 7 of 8 6) The contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that construction- grading plans include a statement that work crews will shut off equipment when not in use. Noise 1) During all project site excavation and grading onsite, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. 2) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 3) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise sources and noise sensitive receptors nearest the project site during all project construction. 4) During all project site construction, the construction contractor shall limit all construction related activities that would result in noise levels at adjacent properties to exceed the noise standards specified in the Development Code. No construction is permitted on Sundays and Government Code holidays. 5) Deliveries to the automobile fueling station shall be restricted to the hours of 7:00 a.m.and 10:00 p.m.to minimize potential noise impacts on residential uses. Aesthetics 1) To minimize effects of light and glare from nighttime lighting of the site,the applicant shall ensure lights include a shield and are directed away from sensitive receptors. A lighting plan shall be submitted with site plans during plan check. 10. The Secretary to this Council shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 03-058 Page 8 of 8 PASSED, APPROVED, AND ADOPTED this 2nd day of April 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None �G William J. Ale nder, Mayor ATTEST: D bra J. Adam MC, City Clerk 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 2"d day of April 2003. Executed this 3rd day of April 2003, at Rancho Cucamonga, California. 4h:L-a Debra J. Adam CMC, City Clerk