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Home My WebLink About03-074 - Resolutions RESOLUTION NO. 03-074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT GPA2002-00001, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT AND MAP PROVISIONS 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 General Plan Amendment GPA2002-00001, 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 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 Development District Amendment and Development Code Amendment applications and issued Resolution No. 03-18 and Resolution No. 03-19, respectively, recommending to the City Council that Development District Amendment DDA2002-00001 and Development Code Amendment DCA2002-00001 be approved. 3. On January 22, and continued to February 12, 2003, the Planning Commission conducted the public hearing and recommended approval of the application by the adoption of Resolution No. 03-17. 4. On March 19, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the associated Development District Amendment and Development Code Amendment applications and issued Ordinance No. 702 and Ordinance No. 703, respectively, approving the associated Development District Amendment DDA2002-00001 and Development Code Amendment DCA2002-00001. 5. On March 19, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE,it is herebyfound,determined,and resolved bythe 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. 03-074 Page 2 of 7 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 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 propertyto 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 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 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 northe surrounding properties as evidenced byexisting 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. Resolution No. 03-074 Page 3 of 7 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: 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. 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-stabilizing agent (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) daily to reduce PM10 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 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. Resolution No. 03-074 Page 4 of 7 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 PM10 emissions. 5) The construction contractor shall select the construction equipment used on-site based on low 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. 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) 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-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 recommends approval of General Plan Amendment GPA2002-00001 to change the land use designation from Office to Mixed Use for the site identified in this Resolution and shown in Exhibit "A" of this Resolution,and to add the following text to the General Plan Land Use Element, Section 2.5.5: Resolution No. 03-074 Page 5 of 7 "The City has identified the following areas for special mixed use consideration: Foothill Boulevard-Cucamonga Channel Site—This 7.24-acre site is significant within Subarea 1 of the Foothill Boulevard Districts. At the southern base of "Red Hill," the site is strategically located near the northwest corner Historic Route 66 Foothill Boulevard and Vineyard Avenue. Like other newly designated Mixed Use districts,this site presents an opportunity to expand commercial office activity, while providing an opportunity for new multi-family development in the City. The following table specifies the uses and range of development that is anticipated to bring positive aspects to revitalize the area. Land Use Mix Percent Range Acreage Range Medium Residential 0% - 100% 0 - 7.24 acres (8-14 dwelling 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). The land use categories proposed within the Mixed Use area shall be of the character and intensity as defined in the corresponding sections of the Land Use Element." 6. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 03-074 Page 6 of 7 PASSED, APPROVED, AND ADOPTED this 19th day of March 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J. Ale nder, MW4yor ATTEST: 4&e..Qe r.� D bra J. Ada , EMC, 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 19`h day of March 2003. Executed this 201h day of March 2003, at Rancho Cucamonga, California. De ra J. 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