HomeMy WebLinkAbout726 - Ordinances ORDINANCE NO. 726
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA
NORTH SPECIFIC PLAN AMENDMENT DRC2003-00750, TO
CHANGE THE DISTRICT DESIGNATION FROM VERY LOW
RESIDENTIAL (.1-2 DWELLING UNITS PER ACRE) TO LOW
RESIDENTIAL (2--4 DWELLING UNITS PER ACRE) FOR 63.5
ACRES OF LAND LOCATED AT THE NORTHERLY END OF
WARDMAN BULLOCK ROAD AT THE INTERSECTION OF
COLONBERO ROAD; AND MAKING FINDINGS IN SUPPORT
THEREOF- APN: 0225-084-04, 0226-081-09 AND 10, 0226-082-29.
A. RECITALS.
1. Henderson Creek Properties, LLC (the "Applicant") seeks approval of a sedes of
actions related to the annexation of land from unincorporated San Bemardino
County into the City of Rancho Cucamonga, the approval of a General Plan
Amendment, Etiwanda North Specific Plan Amendment, Tentative Tract Map
SUBTT16324, and associated Development Agreement. The actions also
include the development of 123 single-family housing units on approximately
65.3 acres and designations of flood control, utility corridor, and open space on
approximately 25.1 acres of land. Another 10 acres is also proposed for
annexation and is currently used for a utility easement and for flood control
purposes. The total area to be annexed is approximately 100.4 acres. The
density of the development is approximately 1.9 dwelling units per gross acre.
These series of actions and approvals are hereinafter defined in this Ordinance
as the "Project."
2. The Applicant has submitted the following applications relating to the Project:
Annexation DRC2003-00753, General Plan Land Use Amendment DRC2003-
00749, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative
Tract Map SUBTT16324, and Development Agreement DRC2003-00751
(collectively the "Project Apptications"). These Project Applications, as well as
the appeal of the Planning Commission's approval of Tentative Tract Map
SUBTT16324, constitute the matters involving the Project, which are submitted
to the City Council for decision and action.
3. The Applicant's request for Etiwanda North Specific Plan Amendment DRC2003-
00750 is for the amendment to the District Designation for 63.5 acres of land
from Very Low Residential (. 1-2 dwelling units per acre) to Low Residential (2-4
dweliing units per acre), for that portion of land depicted on Exhibit "A" to this
Ordinance.
4. The property to the north of the subject site is designated Flood Control/Utility
Corridor and Hillside Residential and is comprised of vacant land, utility corridors,
and scattered single-family residences. The property to the west is designated
Conservation and Flood Control/Utility Corridor and includes Etiwanda Creek
Ordinance No. 726
Page 2 of 17
Flood Control basins and conservation area. The property to the east is
designated Very Low Residential (.1-2 dwelling units per acre) and includes
single-family residential development (Sheridan Estates Tract 13564)~ The
property to the south is designated Flood Control/Utility Corridor, Conservation,
and Very Low Residential and is comprised of vacant land, utility corridors, and
one single-family dwelling, and is the site of the City's proposed 300 acre
(Etiwanda Creek) annexation, which includes a proposed General Plan
Amendment from Very Low Residential (.1-2 dwelling units per acre) to Low
Residential (2-4 dwelling units per acre) for approximately 80 acres of land.
5. On May 12, 2004, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing on the Project, and after receipt of public
testimony, closed the hearing on that date. On May 12, 2004, the Planning
Commission adopted Resolution No. 04-59, recommending approval of
Etiwanda North Specific Plan Amendment DRC2003-00750 along with other
associated applications.
6. On June 2, 2004, the City Council of the City of Rancho Cucamonga conducted
a duly noticed public hearing on the Final Environmental Impact Report ("EIR")
and the Project, at which time all interested parties were given an opportunity to
be heard and to present evidence regarding the Final EIR and the Project. After
the receipt of public testimony, the City Council continued the public hearing on
the Final EIR and the Project to its regularly scheduled meeting of June 16,
2004.
7. On June 16, 2004, the City Council of the City of Rancho Cucamonga conducted
a continued public hearing on the Final EIR and the Project, at which time all
interested parties were given an opportunity to be heard and to present evidence
regarding the Final EIR and the Project, and after the receipt of public testimony,
closed the hearing.
8. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. ORDINANCE.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby
find, determine, and ordain as follows:
SECTION 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.
SECTION 2: Based upon the facts and information contained in the record of this
project, the City Council makes the following findings and statements,
and takes the following actions, pursuant to the California
Environmental QualityAct ("CEQA") (Public Resources Code Section
21000 et. seq.):
Ordinance No. 726
Page 3 of 17
a. The Cityof Rancho Cucamonga, acting as the lead agency, prepared the
Draft Environmental Impact Report ("EIR") for the Project, including
certain technical appendices (the "Appendices") to the Draft EIR (State
Clearinghouse No. 2003111057). The Draft EIR was circulated for a 45-
day public review and comment period from February 20, 2004, through
April 5, 2004. Comments were received during that period and wdtten
responses were prepared and sent to all persons and entities submitting
comments. Those comments and the responses thereto have been
included in the Final EIR, as well as the revisions to the Draft EIR and a
copy of the Draft Development Agreement (Appendix K). Those
documents, together with the Draft EIR and Appendices, comprise the
Final EIR.
b. The City Council finds that the Final EIR was completed pursuant to
CEQA, and the State Guidelines for Implementation of CEQA, 14
California Code of Regulations, Section 15000, et. seq. ("the
Guidelines"). By Resolution No. 04-207, the City Council has certified the
Final EIR as being in compliance with the requirements of CEQA.
c. The City Council finds that the Final EIR was presented to the City
Council and that the City Council reviewed and considered the
information in the Final EIR and has reached its own conclusions with
respect to the Project and as to whether and how to approve the various
components of the project approvals.
d. The City Council finds that the Final EIR represents the independent
judgment of the City Council of the City of Rancho Cucamonga and
adequately addresses the impacts of the Project and imposes
appropriate mitigation measures for the Project.
e. Public Resources Code Section 21081 provides that no public agency
shall approve or carry out a project for which an environmental impact
report has been completed which identifies one or more significant
environmental effects unless the public agency makes one or more of the
following findings with respect to each significant effect:
i) Changes or alterations have been required in, or incorporated into
the project, which mitigate or avoid the significant environmental
effects thereof as identified in the completed environmental impact
report.
ii) Such changes or alterations are within the responsibility and
jurisdiction of another public agency and such changes have been
adopted by such agency or can and should be adopted by such other
agency.
iii) Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the
environmental impact repod.
Ordinance No. 726
Page 4 of 17
f. The City Council finds, based upon the Initial Study, the Final EIR, public
comments, public agency comments, and the entire record before it, that
the Project may create significant impacts in the areas of Land Use and
Planning, Traffic and Circulation, Noise, Geology and Soils, Hydrology
and Water Quality, Public Health and Safety, Biological Resources, Air
Quality, and Public Services. However, changes or alterations have
been required in, or incorporated into the Project, which will mitigate and
in some cases, avoid the significant impacts. The specific changes and
alterations required, and a brief explanation of the rationale for the
findings with regard to each impact, are contained in the "CEQA
Findings" for the Project (Exhibit "F" to the June 16, 2004 City Council
Staff Report) and are incorporated herein by reference. In addition to the
rationale and explanation contained in the "CEQA Findings", the City
Council makes the following additional findings regarding the impacts of
the Project on the resources and services listed in this paragraph:
i) Land Use and Plannin,q. The Etiwanda North Specific Plan requires
a minimum lot size of 20,000 square feet, and the Final EIR indicates
that the Project would be inconsistent with the Etiwanda North
Specific Plan, because some of the proposed residential lots would
be less than 20,000 square feet. With the approval of the proposed
Specific Plan Amendment that will change the land use district from
Very Low Residential (0.1 - 2 dwelling units per acre) to Low
Residential (2 - 4 dwelling units per acre) for the 65.3 acre area
designated for residential development, the Project would then be
consistent with the Etiwanda North Specific Plan. As a result, the
Project site may be developed with lots less than 20,000 square feet.
In addition, in order to address the reduction in lot sizes and the
likely effect of lots averaging 18,000 square feet, with a minimum size
of 14,025 square feet, on the ability of those property owners to own
and maintain horses on those lots, a mitigation measure is being
imposed (Mitigation Measure LU-2) to require the developer to pay
an in-lieu fee to the City for the development of an equestrian center
that would serve residents in the area desiring to own and maintain
horses. The Etiwanda North Specific Plan also requires a particular
design and development theme that is consistent with the character
of Old Etiwanda by having access to trails, provisions for views of the
mountains and complying with certain design requirements for
landscaping, walls, fencing, lighting and the community's entry points.
Mitigation Measure LU-1 is being imposed that requires the project
developer to submit a landscape plan that is consistent with the City's
neighborhood Theme Plan as contained in the Etiwanda North
Specific Plan. Based on these mitigation measures, the City Council
finds that any inconsistency of the Project with the Etiwanda North
Specific Plan will be mitigated to a level of less than significant.
Ordinance No. 726
Page 5 of 17
ii) Traffic and Circulation, The Final EIR indicates that the proposed
Project will increase vehicle trips and impact the level of service
along arterial streets and intersections. Specifically, the Final EIR
found that Project traffic, together with other anticipated traffic, will
likely cause traffic flow to be deficient by experiencing a Level of
Service (LOS) of "E" or "F" at the intersections of Wardman-Bullock
Road (NS) at Wilson Avenue (EW) and at Etiwanda Avenue (NS) at
Banyan Street (EW). Mitigation Measures are imposed to require the
developer to construct and widen Wardman-Bullock Road along the
Project frontage (Mitigation Measure TC-3), to install a traffic signal at
Etiwanda Avenue (NS) and Banyan Street intersection (Mitigation
Measure TC-5), to contribute developer fees for other traffic
improvements (Mitigation Measures TC-1 and TC-5), and to modify
signing and stripping of certain roadways and intersections
(Mitigation Measures TC-2 and TC-4). The City's "City-Wide System
Fees for Transportation Development" provides for the payment of
fees at the time building permits are issued based on a formula
adopted by the City Council by resolution. That formula provides for
the payment of a fee per dwelling unit of approximately $1,710.03
and a credit against those fees for certain qualifying traffic
improvements that mitigate the traffic impacts of the Project. The
City is required to use traffic impact fees to fund City-wide and
regional roadway and traffic improvements, and as a consequence,
the payment of those fees by the project developer will contribute to
the mitigation of the Project's impacts to traffic and circulation.
Based on these mitigation measures, the City Council finds that
traffic at the study intersections will be reduced so that those
intersections operate at a LOS "D," and that the impacts of the
Project on traffic and circulation will be mitigated to a level of less
than significant.
iii) Noise. The Final EIR identifies the likelihood of short-term impacts
on ambient noise levels during construction of the Project. The
primary source of construction noise is heavy equipment associated
with construction activities, such as trucks, graders, bulldozers,
concrete mixers, cranes and portable generators with high levels of
sound generation. Earthmoving equipment is anticipated to create
noise ranging between 75 to 90 dB(A) at 50 feet from the source. A
mitigation measure has been imposed that will require the
construction contractors to adhere to the City's Development Code
for hours of construction activity - 6:30 a.m. to 8:00 p.m., Monday
through Saturday, with no construction to take place on Sundays or
holidays (Mitigation Measure N-l). Based on this mitigation
measure, the City Council finds that the shore term noise impacts
from the Project will be reduced to less than significant levels. The
Final EIR also identified that noise levels at the facades of homes
nearest the Project exit at Wardman-Bullock Road would experience
Ordinance No. 726
Page 6 of 17
noise near 60 dB CNEL due to vehicular traffic. The Final EIR states
that if the property owners of the homes fronting on Wardman-
Bullock Road can close their windows and still obtain adequate
ventilation, then the goal of reducing the intedor noise to a 45 dB(A)
CNEL intedor noise level would be achieved. A mitigation measure
will be imposed to require the developer to install air conditioning
units for the residences that front along Wardman-Bullock Road so
as to allow window closure during warm days so as to achieve a less
than significant interior noise level for those homes with the windows
closed (Mitigation Measure N-2). Based on this mitigation measure,
the City Council finds that the potential noise impacts of the Project
on current and future residents will be mitigated to a less than
significant level.
iv) Geolo,q¥ and Soils. The Final EIR identifies that development of the
Project will expose people and structures to risks associated with
seismic ground shaking due to regional and local faults located in the
area. Mitigation measures are imposed which require the developer
to ensure that all grading plans and grading work are done in
compliance with the geotechnical report for the Project so that soil
and slopes are properly compacted and grading work achieves all
seismic requirements (Mitigation Measure GS-1 ), that the developer
shall submit building plans which incorporate the recommendations
of the geotechnical report for preliminary foundation work, utility
trenching, and concrete slabs (Mitigation Measure GS-2), and that all
buildings and structures are built to Uniform Building Code and/or
Structural Engineers Association of California standards for seismic
safety (Mitigation Measure GS-3). Based on these mitigation
measures, the City Council finds that the effects of seismic shaking
on persons and structures will be mitigated to a level that is less than
significant.
v) Hydroloqy and Water Quality. The Final EIR identifies that during
storm events, construction activities (particularly vegetation removal,
grading and excavation), could affect the amounts of sediments and
suspended solid material leaving the site such that water quality
downstream of the site could be affected to a level that was
potentially significant. Vegetation removal and grading would expose
the soil to erosion by wind and rain, and rainfall could carry more
sediment off the disturbed areas and adversely affect water quality
downstream. In addition, during earthwork and construction
activities, pollutants that may be discharged in stormwater include
vehicle fluids such as oil, grease and coolants, asphaltic emulsions
associated with asphalt-concrete paving, paints and solvents, wood
products, and metal and metal plated products. In accordance with
the State of California's implementation of the National Pollution
Discharge Elimination System (NPDES) permit requirements and the
Ordinance No. 726
Page 7 of 17
Storm Water Pollution Prevention Plan (SWPPP) requirements
imposed by the Regional Water Quality Control Board (RWQCB), the
Project developer will be required to include Best Management
Practices (BMPs)to prevent construction of the Project from polluting
surface waters. Compliance with these permitting requirements will
require the Project developer and construction crews to comply with a
variety of measures, such as limiting clearing and grubbing areas to
the limits of the active construction area, using hay bales and sand
bags to control erosion during the rainy season, using enclosed
storage sheds where possible, utilizing hazardous materials in a
manner that avoids contact with the ground, avoiding the application
of certain materials during periods of rainfall, washing of equipment
or vehicles in a designated place where a sump can be located to
collect wash water for proper disposal, and servicing equipment and
vehicles off-site. A mitigation measure is imposed to require
compliance with these permitting requirements and BMPs (Mitigation
Measure HWQ-1 ). The City Council finds that with the imposition of
this mitigation measure and after implementation of BMPs set forth in
the SWPPP, potentially significant impacts on water quality from
construction activity will be mitigated to a level of less than significant.
vi) Public Health and Safety. The Final EIR identifies that the
frequency of high winds will expose structures and residents to
potential damage from extreme wind conditions. In addition, wildfires
on adjacent lands, including National Forest land and undeveloped
properties, could threaten residential development on the Project site.
Specifically, the Final EIR indicates that Santa Ana winds along the
front of the mountains can reach hurricane force, with winds in the
area of the Project detected at reaching 80 to 100 miles per hour.
Damage to roofs, fences, windows and landscaping is possible in
these types of conditions. Three mitigation measures are imposed to
mitigate the impacts of wind hazard to a less than significant level.
Those measures include requirements to utilize optimum building
materials and construction techniques as required by the Uniform
Building Code, to require disclosure of the potential for high winds in
sales documents to prospective homebuyers, and to comply with
other mitigation measures for control of particulate matter emissions
during grading and construction (Mitigation Measures HS-1, HS-2,
HS-3). Compliance with the provisions of the Uniform Building Code
has been demonstrated to result in structures that are capable of
withstanding winds projected for the Project area without serious
damage. With respect to the impacts created by wildfires on
adjacent lands, the City Council is particularly familiar with these dsks
after the City and surrounding areas recently experienced the Grand
Prix fire in October 2003. The City Council also understands that the
addition of persons into an area of wildland vegetation increases the
Ordinance No. 726
Page 8 of 17
number of ignitions (risk), the growth of brush after a fire increases
the intensity of new fires in the area (hazard), and the addition of
homes and amenities into the same area (value) creates an
increased need for fire protection and fuel modification. Design
features have already been incorporated into the Project to ensure
vegetation areas to the north are separated from residential
structures with a trail, a wall and a riprap drainage channel so as to
provide approximately 100 feet of distance beiween chaparral
vegetation and the homes. All homes will also be constructed with
Class A roofs. Along the western boundary of the site where the
wildfire threat is moderate, a six-foot masonry wall and "firewise"
landscaping beiween native vegetation and the homes are to be
required. A comprehensive mitigation measure (Mitigation Measure
HS-4) requires a detailed landscape plan/fuel modification plan to
contain requirements for "firewise" vegetation in specific areas,
irrigation plans and specific standards applicable to certain areas of
the Project site. In addition, Mitigation Measure HS-5 requires the
installation of residential fire sprinklers as a component of the
construction. The City Council finds that with the combination of
appropriate landscaping, residential fire sprinklers, the introduction of
cedain new paved surfaces where none currently exist, and
implementation of the Fuel Modification Plan will effectively reduce
movement of potential fire into the Project area and thereby mitigate
impacts to a level of less than significant.
vii) Bioloqical Resources. The proposed Project would result in
development of a 65.3 acre area of the site, and the Final EIR
indicates that, prior to the Grand Prix fire of October 2003, that area
was previously covered with upland sage scrub, disturbed annual
grassland and a small area of flat-top buckwheat scrub. Specifically,
pdor to the Grand Prix fire, the portion of the site proposed for
development had approximately 1.5 acres of disturbed annual
grassland, 4.2 acres of disturbed annual grassland dominated by
deerweed, 53.5 acres of Upland sage scrub dominated by white
sage, and 4.5 acres of flat-top buckwheat scrub. The impacts on the
annual grassland areas is not considered significant because of the
relatively small area impacted (approximately 1/3 of the total
disturbed annual grassland on the site) and because those areas had
experienced substantial disturbance from prior weed control
measures, and the construction of power line maintenance roads and
other roads that cross the property. With respect to upland sage
scrub, most of that area was dominated by white sage, which is not
considered to be sensitive habitat by the resource agencies that
regulate biological resources. However, the City Council recognizes
that the loss of this plant community for wildlife habitat is important
when considering cumulative impacts on this resource. With respect
Ordinance No. 726
Page 9 of 17
to the fiat-top buckwheat scrub, this is a common species and an
indicator of prior disturbance to the land. The Final EIR indicates that
no sensitive species of fiat-top buckwheat scrub were found on the
site and therefore no impacts were expected to occur. The Final EIR
recognizes that much of the vegetation previously found on the site
would likely grow back after the fire if no development took place.
However, the Biological Assessment not only found no substantial
evidence of sensitive plant or wildlife species on the site, but it also
found that due to the area already being disturbed by dirt roads for
power line maintenance, previous construction activity, commercial
harvesting of white sage, and flood control improvements and
activities, development of the site would not have a significant impact
on biological resources. Notwithstanding the foregoing, the Project
site is within the boundaries of the North Etiwanda Open Space and
Habitat Preservation Program (NEOSHPP), as adopted by the
County of San Bernardino. To implement the goals and purposes of
that Program, a mitigation measure has been imposed to require the
Project developer to acquire and convey to the County, 58 acres of
land within or near the NEOSHPP area that support alluvial fan sage
scrub and/or upland sage scrub (Mitigation Measure BIO-l). This 58
acre area is intended to accomplish a "one to one" mitigation in
acreage for the loss of the 53.5 acres of Upland sage scrub and to
mitigate the potential loss of habitat for sensitive plants and animal
species, and the loss of raptor foraging land. As required by the
mitigation measure, the off-site mitigation land shall be equal to or
greater in habitat value than that of the Project site. The City Council
finds that the conveyance into the NEOSHPP of 58 acres of land by
the Project developer would mitigate this impact to a level that is less
than significant.
viii) Air Quality. The Final EIR identifies that the Project may create
significant and unavoidable impacts to Air Quality. Specifically, the
Final EIR identifies that emissions from construction related activities
are likely to exceed the threshold of significance specified by the
South Coast Air Quality Management District (SCAQMD). These
impacts are considered to be short-term (less than one year) and
temporary and can cause nuisance impacts to adjacent land uses in
the local area by way of fugitive dust. One cause of these short-term
impacts is blowing dust resulting from the grading of the site. In
addition, the use of diesel engine equipment during grading and
construction along with worker trips is anticipated to create levels of
nitrous oxides (NOx) that are also above the SCAQMD's thresholds
of significance. Similarly, construction-related emissions, particularly
from architectural coatings (painting) and off-road diesel equipment,
are anticipated to create significant levels of reactive organic gases
(ROG) and nitrous oxides (NOx) that will exceed SCAQrvlD
Ordinance No. 726
Page 10 of 17
thresholds of significance and result in significant shod-term air
pollution impacts. A comprehensive mitigation measure is imposed
on the Project (Mitigation Measure AQ-1) which will require various
dust control measures, emission control measures and off-site
actions. Included in those measures are requirements to limit the
simultaneous disturbance area to as small an area as is possible,
terminate soil disturbance and accelerate dust control measures
when winds exceed 25 miles per hour, stabilize disturbed areas if
construction is delayed, require 90-day Iow-NOx tune-ups for off-road
equipment, limit idling to 10 minutes for trucks and heavy equipment,
encourage carpooling for construction workers, limit lane closures to
off-peak travel pedods, park construction vehicles off traveled
roadways, wet down or cover did hauled off-site, wash or sweep
access points daily and encourage receipt of construction materials
during non-peak traffic hours. The City Council finds that with
implementation of the recommended measures, construction
emissions will be reduced, and that the Project's contribution to
regional emission of criteria pollutants will be minimized. However,
the City Council finds that despite the imposition of all these
comprehensive mitigation requirements, construction emissions
(building phase) will exceed SCAQMD's thresholds for ROG and
NOx, and therefore, would remain significant after mitigation.
ix) Cumulative Impacts - Air Quality, Noise, and Public Services.
The Final EIR provides that this Project, together with the
construction of development projects in the vicinity, would likely
create cumulative shod-term impacts to air quality during
construction. This Project would also create a significant cumulative
impact to regional air quality because the Project would add
incremental pollutants to the South Coast Air Basin in the form of
additional vehicle emissions. With respect to noise, the Final ErR
indicates that the Project will create shod-term cumulative
construction noise impacts and long-term cumulative noise impacts
due to increased vehicle trips. With respect to public services
(schools), state law (Government Code Section 65995 (h)) provides
for the payment of developer fees and deems such payment to be full
and complete mitigation of school impacts. Consequently, as a
matter of law, the long-term cumulative impacts to schools from this
and other projects are deemed to be fully mitigated bythe payment of
developer fees and the City is precluded, by law, from imposing
additional mitigation to address these potential impacts. The City
Council finds that noise and air quality impacts associated with
increased vehicle trips would remain significant when combined with
existing and anticipated construction projects in the vicinity of the
Project.
Ordinance No. 726
Page 11 of 17
g. The City Council finds, based on the Final EIR, that after implementation
of the proposed mitigation measures, the following impacts associated
with the proposed Project would remain significant: air quality (short-term
impacts and short and long-term cumulative impacts) and noise (short-
term and long-term cumulative impacts).
h. The Final EIR describes a range of alternatives to the Project that might
fulfill basic objectives of the Project. These alternatives include the
required "No Project-No Development" alternative, and the "Development
Under the Existing Land Use Designation Alternative." Other alternatives
that were considered and rejected included the alternative location
alternative and the alternative land use alternative. As set forth below,
the alternatives identified in the Final EIR are not feasible because they
would not achieve the basic objectives of the Project or would do so only
to a much smaller degree and, therefore, leave unaddressed the
significant economic, infrastructure, and General Plan goals that the
Project is intended to accomplish, and are thus infeasible due to social
and economic considerations, and/or they are infeasible because they
would not eliminate the adverse environmental impacts of the proposed
Project. Accordingly, each of the alternatives is infeasible. In making
this finding, the City Council determines as follows:
i) The objectives of the Project are:
a) To be consistent with, and implement, the established policies
and goals of the City of Rancho Cucamonga General Plan,
Etiwanda North Specific P~an, City Development Code, and all
other City development guidelines;
b) To annex the 90.4 acre Project site and adjacent 10 acre utility
easement into the City of Rancho Cucamonga;
c) To Integrate the Project with the character of the surrounding
neighborhoods and establish a development that results in
logical, coordinated growth;
d) To establish a Project-wide circulation system that meets regional
and local transportation needs and accommodates both vehicles
and pedestrians;
e) To provide a system of public/community facilities, including
trails, open space areas, and landscaping to support the
residents of the Project and surrounding area in an efficient and
timely manner;
0 To provide backbone public infrastructure (i.e., roads, utilities) to
serve Project residents and the surrounding community;
Ordinance No. 726
Page 12 of 17
g) To minimize impacts to, and generate revenues in excess of
costs for various public service agencies; and
h) To provide quality housing opportunities compatible with existing
and planned development that responds to market demands.
ii) The "No Project-No Development" Alternative assumes that no new
land uses would be constructed on the Project site and that the site
would remain vacant and undeveloped. Although this alternative is
environmentally superior to the proposed Project, it would not meet
the Project objectives. Specifically, it would not meet the Project's
objective to provide quality housing that would be compatible with
existing and planned development for the area, would not provide a
system of public/community facilities, including trails, open space
areas, and would not provide landscaping for Project residents and
surrounding area residents. Furthermore, as the subject property is
under private ownership, the elimination of future development within
an area previously approved for residential development would not
be legally or financially feasible. Therefore this alternative is rejected.
iii) The "Development Under the Existing Land Use Designation
Alternative" assumes that the Project site would be developed under
the current City of Rancho Cucamonga General Plan designation
(Very Low Residential). Under this designation, and assuming that
the area disturbed by grading is equal to that of the proposed Project,
the minimum lot sizes would be 20,000 square feet and the number
of lots that could be developed would be approximately 90 rather
than the 123 as currently proposed. This reduction in development
by approximately 33 dwelling units would result in lower traffic, air
quality, and noise impacts than the proposed Project, but would not
reduce to less than significance the short-term impacts on air quality
from construction-related emissions, cumulative long-term impacts on
air quality from Project emissions and cumulative short and long-term
noise impacts. In addition, this alternative would not meet the Project
objectives to provide quality housing that would be compatible with
existing and planned development for the area, would not provide a
system of public/community facilities, including trails, open space
areas, and would not provide landscaping for Project residents and
surrounding area residents.
i. Mitigation measures described in the Mitigation Monitoring Program will
avoid or substantially lessen the potentially significant environmental
effects of the Project. Further, the environmental, physical, social,
economic and other benefits of the Project, as set forth in this section
and in the "CEQA Findings" for the Project (Exhibit "F" to the June 16,
2004 City Council Staff Report), which is incorporated herein by this
reference, outweigh any unavoidable, significant, adverse impacts that
may occur as a result of the Project, including short-term impacts on air
Ordinance No. 726
Page 13 of 17
quality from construction-related emissions and cumulative impacts to air
quality and noise. Therefore, due to overriding benefits of the Project and
because the alternatives identified in the Final EIR are not feasible, as
discussed in paragraph h above, the City Council hereby finds that any
unavoidable impacts of the Project, including the mitigated but
unavoidable impacts from short-term impacts on air quality from
construction-related emissions, and cumulative air quality and noise are
acceptable based on the findings contained herein and in the "CEQA
Findings" for the Project. This determination shall constitute a statement
of overriding considerations within the meaning of CEQA and is based on
any one of the following environmental and other benefits of the Project
identified in the Final EIR and the record of the City Council's
proceedings:
i) Provision for the use of land consistent with the established policies
and goals of the City of Rancho Cucamonga General Plan, Etiwanda
North Specific Plan, City Development Code, and all other City
Development guidelines;
ii) Annexation of the 90.4-acre Project site and adjacent 10.0-acre utility
easement into the City of Rancho Cucamonga;
iii) Integrafion of the Project with the character of the surrounding
neighborhoods and establishment of a development that results in
logical, coordinated growth;
iv) Establishment of a Project-wide circulation system that meets
regional and local transportation needs and accommodates both
vehicles and pedestrians;
v) Provision of a system of public/community facilities, including trails,
open space areas, and landscaping to support the residents of the
Project and surrounding area in an efficient and timely manner;
vi) Provision of backbone public infrastructure (i.e., roads, utilities) to
serve Project residents and the surrounding community;
vii) Minimization of impacts to, and generation of revenues in excess of
costs for, various public service agencies;
viii) Provision of quality housing opportunities compatible with existing
and planned development that responds to market demands;
ix) The addition of housing units in accomplishment of the City's
Housing Element Goals and fulfillment of regional housing needs;
x) City control over the developing lands on the City's perimeter; and
xi) Advancement of the regional trail system by the links to be completed
by the Project.
Ordinance No. 726
Page 14 of 17
j. The mitigation measures in the Final EIR that correspond to the
environmental impacts which may result from the Project are hereby
adopted and made a condition of approval of, or incorporated into, the
Project. The City Council also hereby adopts the "Mitigation Monitoring
Plan" attached as Exhibit "G" to the June 16, 2004 City Council Staff
Report for this Project. The Mitigation Monitoring Plan will be used to
monitor compliance with the mitigation measures and conditions that
have been adopted or made a condition of Project approval as set fodh
in this Section of this Ordinance and in the Mitigation Monitoring Plan.
k. Pursuant to provisions of the California Public Resources Code Section
21089(b), the findings contained in this Ordinance shall not be operative,
vested or final until all required filing fees assessed pursuant to California
Fish and Game Code Section 711.4, together with any required handling
charges, are paid to the County Clerk of the County of San Bernardino.
SECTION 3: Based upon the substantial evidence presented to this Council during
the above-referenced public hearings on June 2, 2004 and June 16,
2004, including wdtten and oral staff reports, together with public
testimony, this Council hereby specifically finds as follows:
a. The proposed change in density of residential development allowed on
the Project site is consistent with neighboring properties, including the
City's proposed 300 acre (Etiwanda Creek) annexation, and is consistent
with General Plan Policy 2.5.2.2 which expresses an intention to apply
the Low Density designation to portions of Etiwanda and into the City's
Sphere of Influence where the level of services, including roads,
shopping and recreational opportunities, are not sufficient to justity higher
densities.
b. The proposed change in land use designation will promote housing
opportunities and help achieve the City's regional share of housing
needs.
c. The amendment would not be materially injurious or detrimental to the
adjacent properties because the land uses and intensities of residential
uses allowed are consistent and compatible with the type of housing and
open space conservation areas abutting the proposed development.
d. The proposed change in designations are also consistent with the
provisions of the Etiwanda North Specific Plan which encourages
retention of open space and the extension of the image of Old Etiwanda
into this area, with relatively large lots and opportunities for an equestrian
lifestyle.
Ordinance No. 726
Page 15 of 17
SECTION 4: Based upon the findings and conclusions set forth in Sections 1, 2
and 3 above, this Council hereby approves Etiwanda North Specific
Plan Amendment DRC2003-00750 to establish a Low Residential
District on that portion of land described in this Ordinance and
depicted on Exhibit "A" to this Ordinance.
SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is, for any reason, deemed or held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
or preempted by legislative enactment, such decision or legislation
shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Rancho Cucamonga
hereby declares that it would have adopted this Ordinance and each
section, subsection, sentence, clause, phrase, or words thereof,
regardless of the fact that any one or more sections, subsections,
clauses, phrases, or words might subsequently be declared invalid or
unconstitutional or preempted by subsequent legislation.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published within 15 days after its passage at
least once in the Inland Valley Daily Bulletin, a newspaper of general
circulation published in the City of Ontario, California, and circulated
in the City of Rancho Cucamonga, California.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 726
Page 16 of 17
PASSED, APPROVED, AND ADOPTED this 7~h day of July 2004.
AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
William J. Alexand~ Mayor
A'I-I'EST:
Kat~ryn L. ~cott, CMC, Deputy City Clerk
I, KATHRYN L. SCOTT, DEPUTY 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 16th day of June 2004, and was passed at
a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day July of
2004.
Executed this 8th day of July 2004, at Rancho Cucamonga, California.
Ka~hryn F. ScMt; Crv~', Depu~ City Clerk
Ordinance No. 726
Page 17 of 17
HENDERSON CREEK ANNEXATION
DRC2003-00750 (ENSPA)
CITYBOUNDARY
HENDERSON CREEKANNEXATION
~IPROPOSEDLOW
EXISTING ENSP
~ FO
~ Yk
EXHIBIT A