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ORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA APPROVING
DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700, A
REQUEST TO CHANGE THE DEVELOPMENT DISTRICT MAP
FROM INDUSTRIAL PARK (SUBAREA 16) TO LOW-MEDIUM
RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 18.6
ACRES OF LAND, LOCATED AT THE SOUTHWEST CORNER
OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 0210-062-08
A. RECITALS.
1. The Ranch Group filed an application for Development District Amendment
DRC2004-00700, as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Development District Amendment is referred to as
"the application."
2. On the 26th day of October 2005, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the
application.
3. On the 16th day of November 2005, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and
concluded said hearing on that date.
4. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. ORDINANCE.
The City Council of the City of Rancho Cucamonga does 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.
2. Based upon the substantial evidence presented to this Council during the
above-referenced public hearing on November 16, 2005, including written
and oral staff reports, together with public testimony, this Council hereby
specifically finds as follows:
a. The application applies to approximately 18.6 acres of land, basically
a rectangle configuration, located on the southwest corner of
Archibald Avenue and 6th Street, and is presently a vineyard. Said
property is currently designated as Industrial Park with a Master Plan;
and
b. The property to the north of the subject site is designated Low
Residential (2-4 dwelling units per acre) and is an existing single-
family residential neighborhood, the property to the west is designated
Park and is developed as a Neighborhood Park, the property to the
east is designated General Industrial and is developed with industrial
and commercial uses, the property to the south is designated Low-
Medium Residential (4-8 dwelling units per acre) and is an existing
single-family residential neighborhood; and
Ordinance No. 751
Page 2 of 10
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.
f. The Master Plan, as submitted, illustrates that a conventional Low-
Medium Subdivision of 79 single-family residential lots (4.24 dwelling
units per acre) can be reasonably developed on the site. It should be
noted that the Master Plan is illustrative only and that a separate
Tentative Tract Subdivision Map and application, will need to be
processed at a later date.
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; and
b. That the proposed amendment would not have significant impacts on
the environment, nor the surrounding properties; and
c. That the proposed amendment is in conformance with the General
Plan.
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 recommends adoption of a Mitigated Negative
Declaration and Mitigation 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, 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.
Ordinance No. 751
Page 3 of 10
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 within the Mitigation Monitoring Plan.
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 approves Development District Amendment
DRC2005-00107 as shown in Exhibit A attached hereto for reference and
each and every condition set forth below.
Environmental Mitiqation
Air Quality
1) All construction equipment shall be maintained in good operating
condition so as to reduce operational emissions. Contractor shall
ensure that all construction equipment is being properly serviced
and maintained as per manufacturers' specifications.
Maintenance records shall be available at the construction site for
City verification.
2) Prior to the issuance of any grading permits, developer shall
submit construction plans to City denoting the proposed schedule
and projected equipment use. Construction contractors shall
provide evidence that low emission mobile construction equipment
will be utilized, or that their use was investigated and found to be
infeasible for the project. Contractors shall also conform to any
construction measures imposed by the South Coast Air Quality
Management District (SCAQMD) as well as City Planning Staff.
3) All paints and coatings shall meet or exceed performance
standards noted in SCAQMD Rule 1113. Paints and coatings
shall be applied either by hand or high volume, low-pressure
spray.
4) All asphalt shall meet or exceed performance standards noted in
SCAQMD Rule 1108.
Ordinance No. 751
Page 4 of 10
5) All construction equipment shall comply with SCAQMD Rules 402
and 403. Additionally, contractors shall include the following
provisions
. Reestablish ground cover on the construction site through
seeding and watering.
. Pave or apply gravel to anyon-site haul roads.
. Phase grading to prevent the susceptibility of large areas
to erosion over extended periods of time.
. Schedule activities to minimize the amounts of exposed
excavated soil during and after the end of work periods.
. Dispose of surplus excavated material in accordance with
local ordinances and use sound engineering practices.
. Sweep streets according to a schedule established by the
City if silt is carried over to adjacent public thoroughfares
or occurs as a result of hauling. Timing may vary
depending upon time of year of construction.
. Suspend grading operations during high winds (i.e., wind
speeds exceeding 25 mph) in accordance with Rule 403
requirements.
. Maintain a minimum 24-inch freeboard ratio on soils haul
trucks or cover payloads using tarps or other suitable
means.
6) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and Regional Water Quality Control
Board [RWQCB]) daily to reduce PM,o emissions, in accordance
with SCAQMD Rule 403.
7) 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 PM10 emissions.
8) The construction contractor shall utilize electric or clean
alternative fuel powered equipment where feasible.
9) The construction contractor shall ensure that construction-grading
plans include a statement that work crews will shut off equipment
when not in use.
10) All residential and commercial structures shall be required to
incorporate high efficiency/low polluting heating, air conditioning,
appliances, and water heaters.
11) All residential and commercial structures shall be required to
incorporate thermal pane windows and weather-stripping.
Ordinance No. 751
Page50f10
Cultural Resources
1) If any prehistoric archaeological resources are encountered before
or during grading, the developer will retain a qualified
archaeologist to monitor construction activities, to take appropriate
measures to protect or preserve them for study. With the
assistance of the archaeologist, the City of Rancho Cucamonga
will:
. Enact interim measures to protect undesignated sites from
demolition or significant modification without an opportunity
for the City to establish its archaeological value.
. Consider establishing provisions to require incorporation of
archaeological sites within new developments, using their
special qualities as a theme or focal point.
. Pursue educating the public about the area's
archaeological heritage.
. Propose mitigation measures and recommend conditions
of approval to eliminate adverse project effects on
significant, important, and unique prehistoric resources,
following appropriate CEQA guidelines.
. Prepare a technical resources management report,
documenting the inventory, evaluation, and proposed
mitigation of resources within the project area. Submit one
copy of the completed report with original illustrations, to
the San Bernardino County Archaeological Information
Center for permanent archiving.
2) A qualified paleontologist shall conduct a preconstruction field
survey of the project site. The paleontologist shall submit a report
of findings that will also provide specific recommendations
regarding further mitigation measures (i.e., paleontological
monitoring) that may be appropriate. Where mitigation monitoring
is appropriate, the program must include, but not be limited to, the
following measures:
. Assign a paleontological monitor, trained and equipped to
allow the rapid removal of fossils with minimal construction
delay, to the site full-time during the interval of earth-
disturbing activities.
. Should fossils be found within an area being cleared or
graded, divert earth-disturbing activities elsewhere until the
monitor has completed salvage. If construction personnel
make the discovery, the grading contractor should
immediately divert construction and notify the monitor of
the find.
Ordinance No. 751
Page 6 of 10
. Submit summary report to City of Rancho Cucamonga.
Transfer collected specimens with a copy of the report to
San Bernardino County Museum.
Geology and Soils
1) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and RWQCB) daily to reduce PM10
emissions, in accordance with SCAQMD Rule 403 or re-planted
with drought resistant landscaping as soon as possible
2) Frontage public streets 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 mph to minimize PM10 emissions from the site during such
episodes.
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 PM10 emissions.
Hydrology and Water Quality
1) Prior to issuance of grading permits, the permit applicant shall
submit to Building Official for approval, Storm Water Pollution
Prevention Plan (SWPPP) specifically identifying Best
Management Practices (BMPs) that shall be used on-site to
reduce pollutants during construction activities entering the storm
drain system to the maximum extent practical.
2) An erosion control plan shall be prepared, included in grading
plan, and implemented for the proposed project that identifies
specific measures to control on-site and off-site erosion from the
time of ground disturbing activities are initiated through completion
of grading. This erosion control plan shall include the following
measures at a minimum: a) Specify the timing of grading and
construction to minimize soil exposure to rainy periods
experienced in southern California, and b) An inspection and
maintenance program shall be included to ensure that any erosion
which does occur either on-site or off-site as a result of this project
will be corrected through a remediation or restoration program
within a specified time frame.
3) During construction, temporary berms such as sandbags or gravel
dikes must be used to prevent discharge of debris or sediment
from the site when there is rainfall or other runoff.
Ordinance No. 751
Page 7 of 10
4) During construction, to remove pollutants, street cleaning will be
performed prior to storm events and after the use of water trucks
to control dust in order to prevent discharge of debris or sediment
from the site.
5) The developer shall implement the BMPs identified in the Water
Quality Management Plan prepared pursuant to any Tract or
Parcel Map Application to reduce pollutants after construction
entering the storm drain system to the maximum extent practical.
6) Landscaping plans shall include provisions for controlling and
minimizing the use of fertilizers/pesticides/herbicides.
Landscaped areas shall be monitored and maintained for at least
two years to ensure adequate coverage and stable growth. Plans
for these areas, including monitoring provisions for a minimum of
two years, shall be submitted to the City for review and approval
prior to the issuance of grading permits.
7) Prior to issuance of building permits, the applicant shall submit to
the City Engineer for approval of a Water Quality Management
Plan (WQMP), including a project description and identifying Best
Management Practices (BMPs) that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent
practicable. The WQMP shall identify the structural and non-
structural measures consistent with the Guidelines for New
Development and Redevelopment adopted by the City of Rancho
Cucamonga in June 2004.
8) Prior to issuance of grading or paving permits, applicant shall
obtain a Notice of Intent (NOI) to comply with obtaining coverage
under the National Pollutant Discharge Elimination System
(NPDES) General Construction Storm Water Permit from the State
Water Resources Control Board. Evidence that this has been
obtained (i.e., a copy of the Waste Discharger's Identification
Number) shall be submitted to the City Building Official for
coverage under the NPDES General Construction Permit.
Noise
1) A 7.5-foot tall wall along 6th Street and Archibald Avenue will be
required at the time of development.
2) Construction or grading shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at
any time on Sunday or a national holiday.
Ordinance No. 751
Page 8 of 10
3) Construction or grading noise levels shall not exceed the
standards specified in Development Code Section 17.02.120-D,
as measured at the property line. Developer shall hire a
consultant to perform weekly noise level monitoring as specified in
Development Code Section 17.02.120. Monitoring at other times
may be required by the Building Official. Said consultant shall
report their findings to the Building Official within 24 hours;
however, if noise levels exceed the above standards, then the
consultant shall immediately notify the Building Official. If noise
levels exceed the above siandards, then construction activities
shall be reduced in intensity to a level of compliance with above
noise standards or halted.
4) The perimeter block wall shall be constructed as early as possible
in first phase.
5) Haul truck deliveries shall not take place between the hours of
8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at
any time on Sunday or a national holiday. Additionally, if heavy
trucks used for hauling would exceed 100 daily trips (counting
both to and from the construction site), then the developer shall
prepare a noise mitigation plan denoting any construction traffic
haul routes. To the extent feasible, the plan shall denote haul
routes that do not pass sensitive land uses or residential
dwellings.
6. The Secretary to this Council shall certify to the adoption of this Ordinance.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 751
Page 9 of 10
PASSED, APPROVED, AND ADOPTED this 7th day of December 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
~
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 16th day of November 2005, and
was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on
the 7th day December 2005.
Executed this ath day of December 2005, at Rancho Cucamonga, California.
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Ordinance No. 751
Page 10 of 10
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DRC2004-Q0699 (GPA)
DRC20Q4-00700 (OOA)
LOCATION MAP
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Exhibit A