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Home My WebLink About722 - Ordinances ORDINANCE NO. 722 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2001-00534 TO AMEND THE STREET CIRCULATION WITHIN THE INDUSTRIAL PARK DEVELOPMENT DISTRICT, SUBAREA 6, ELIMINATING THE EXTENSION OF CENTER AVENUE FROM 6TM STREET SOUTH TO TRADEMARK PARKWAY BY AMENDING SECTION 17.30.080, FIGURE 17.30.080-H OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS: 1. On September 26, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on a request to initiate an application to amend the Development Code to delete Center Avenue from 6th Street south to Trademark Parkway in the Industrial Park District (Subarea 6). The Planning Commission moved to direct staff to process said amendment to the Development Code. 2. Cabot Industrial Properties, L.P., filed an application for Development Code Amendment DRC2001-00534 as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Development Code Amendment is referred to as "the application". 3. On September 26, 2001, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 01-90, recommending to the City Council that the Development Code Amendment No. DRC2001-00534 be approved. 4. On April 21, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 04-127 approving the Development Code Amendment DRC2001-00534. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. ORDINANCE: The City Council of the City of Rancho Cucamonga does hereby ordain 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. Ordinance No. 722 Page 2 of 6 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on April 21, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. 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 b. This amendment does promote the goals and objectives of the Land Use Element; and c. 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 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 recommends adoption of a Mitigated Negative Declaration and Monitoring Program, 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, s 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 Planning Commission; 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 Mitiqation: Air Quality 1) The site shall be treated with water a minimum of twice per day, or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions during grading. 2) Public roads used for access to the site (Buffalo Avenue and Chades Smith Avenue) shall be swept according to a schedule established by the City to reduce PM~0 emissions from the site during such episodes. Emission reduction no quantifiable. Ordinance No. 722 Page 3 of 6 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~0 emissions from the site during such episodes. Emissions reduction no quantifiable. 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~0 emissions. 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 manufacturer's specifications. This will result in five percent reductions of ROG, NO×, and PM~o emissions. 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 work crews wil~ shut off equipment when not in use. 8) The construction contractor shall use Iow VOC asphalt during the asphalt paving portions of the project. Traffic 1) To mitigate the impacted intersections to LOS D or better, the applicant shall pay traffic impact fees that amount to the project's fair share of roadway improvements as identified by the City Engineer. These include but are not limited to widening roadways to their full width to add additional lanes, re-striping existing roads to add additional lanes, signalizing intersections, or other improvements identified by the City Engineer. Noise 1) The project would add people and traffic to the area and generally increase ambient noise levels since the site is currently vacant. However, the impact is not considered significant as the project is consistent with the Development Code, General Industrial/Industrial Park zoned area with no sensitive receptors in the area. 2) The proposed project is the development of one industrial buitding with loading areas. The development will remain consistent with surrounding land uses, zoned as General Industrial/Industrial Park. The project development would generate approximately 727 trips/day, creating no significant increase in noise caused by traffic in the area, and not predicted to exceed City noise limits. Therefore this impact is considered less than significant. Ordinance No. 722 Page 4 of 6 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 an 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 reported and exhibits, and the information provided to the City Council dudng 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. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2 and 3 above, this Council hereby approves Development Code Amendment DRC2001-00534 to amend the street circulation within the Industrial Park Development District, Subarea 6, eliminating the extension of Center Avenue from 6th Street south to Trademark Parkway by amending Figure 17.30.080-H of the Rancho Cucamonga Development Code as shown in Exhibit "A" to this Ordinance. 5. The City Clerk shall certify to the adoption of this Ordinance. Please see the following page for formal adoption, certification and signatures Ordinance No. 722 Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 16th day of June 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None ~ ~'-" A'I-FEST: 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 21st day of April 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 16th day June of 2004. Executed this 17th day of June 2004, at Rancho Cucamonga, California. DelSra J. Adams,LG"~lC, City Clerk Ordinance No. 722 Page 6 of 6 Rancho Cucamonga Development Code Section 17. 30.080 FIGURE 17.30.080-H 17.30-76 1/03