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HomeMy WebLinkAbout06-263 - Resolutions RESOLUTION NO. 06-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2005-01000, A REQUEST TO AMEND TABLE III-12 OF THE CIRCULATION ELEMENT IN ORDER TO ALLOW MEDIAN BREAKS WITH LESS THAN 1/4 MILE SPACING ON MAJOR DIVIDED ARTERIALS, SUBJECT TO A DETAILED TRAFFIC ANALYSIS AND SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ENGINEER; AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. 1. Charles Joseph Associates filed an application for General Plan Amendment DRC2005-01000, 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 the 12th day of April 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval by adoption of Planning Commission Resolution No. 06- 27. 3. On August 16, 2006, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 4. 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. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on August 16, 2006, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to Table III-12 of the Circulation Element of the General Plan, and b. This amendment does not conflict with the transportation policies of the General Plan and will promote the goal and objectives of the Transportation Element by improving the existing level of service at intersections on Major Divided Arterials where a detailed traffic analysis demonstrates that a median break less than the 1/4 mile spacing is warranted on a Major Divided Arterial; and Resolution No. 06-263 Page 2 of 6 c. This amendment does promote the goals and objectives of the Transportation Element by permitting median breaks on Major Divided Arterials when a detailed traffic analysis demonstrates that a median break less than the 1/4 mile spacing would improve traffic flow and not hinder adequate two-way progression of traffic flows; and d. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment northe surrounding properties; conversely,the amendmentwill provide opportunities for logical, controlled access points along Major Divided Arterials less than 1/4 mile spacing, subject to a detailed traffic analysis and approval by the City Engineer; and e. The proposed amendment will not have a significant impact on the environment. 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. The proposed circulation amendment does not conflict with the circulation element of the General Plan and will provide for the logical development and orderly traffic circulation of the surrounding area; and b. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. 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 forthe application,the City Council finds thatthere is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the 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 project. 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, the City staff provided public notice of the public comment period and of the intent to adopt the. Mitigated Negative Declaration. Resolution No. 06-263 Page 3 of 6 b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it,finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii)that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. 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 Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The project site is disturbed from previous weed abatement activities, the project site is surrounded by commercial and residential development and the site has not been identified as potential location for habitat that is known to support sensitive biological species. Further, the site contains no blue line streams. Based on substantial 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.) e. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusion set forth in paragraphs 1, 2, 3, and 4 above, this City Council approves General Plan Amendment DRC2005-01000, an amendment to Table III-12 of the Circulation Element to allow median breaks with less than 1/4 mile spacing on Major Divided Arterials subject to a detailed traffic analysis and subject to the review and approval of the City Engineer as identified in this Resolution and as shown on the attached Exhibit A, and including the condition shown below. Resolution No. 06-263 Page 4 of 6 Planning Department 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees,for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 6. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,avtification and signatures Resolution No. 06-263 Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 16`h day of August 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J lexander, ayor ATTEST: Debra J. da CMC, City Clerk 1, 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 16'h day of August 2006. Executed this 17`h day of August 2006, at Rancho Cucamonga, California. Debra J. A #s, CMC, City Clerk TABLE 111-12 #of ROADWAY FUNCTIONAL DESIGN GUIDELINES Lanes Median Access Restriction Intersection S acin LocaltRoad Curbside Parkin Additional RNV or Easement 2 lane No median. centerline Direct residential access is Intemectionlaccess spacing Parking may be restricted at induded striping typically not encouraged. approximately 200 feet Intersections to meet line-of- Collector- ^�; si hl re uirements. 2 lane .,r . -. .. Undivided. Centerline Direct access from private Intersection/access spacing Parkin may be prohibited to - striping.Provide left tum residential properties should a roximalel 200 feel g y p May be considered at selected intersections pockets at intersections be avoided. pp y provide a left tum lane at where heavy traffic requires a separate right with collector or higher Intersections,or to meet lineof- turn lane. level streets. sight requirements. SeConde: ,Arterial .. . 4 lanes Striped median where Direct access from private Intersections spacing... - feasible. V f Not permitted along segmenta Should be considered at selected residential properties should approximately 330 feet where a striped median is Intersections where heavy traffic requires a be avoided. mvjded. Ma or,Arterlet Z -,_ ; ,: . . p separate right turn lane. 4lanes Painted. Used for left tum Local residential streets should VO mile forprincipal movements. not take direct access from intersections. Left tum Not penmtled. May be considered at intersections to major arterials.No residential restrictions to be considered at accommodate full-width right turn lanes or driveways, minor unsignalized driveways If dual-left turn lanes. tlesiretl s acin not feasible. Ma orDivided,Arterlal� 6 lanes Raised. Used far dual left Left tum access allowed at K mile as a minimum. Not ermitted. tum movements at key signalized intersections only. Alternate median breaks may 6e p May be considered at intersections to Intersections. No residential driveways, considered subject to a detailed accommodate full-width right tum lanes or traffic analysis and subject to dual left tum lanes. the review and approval of the Mg or�DlvitletlVNl ttwa . .c=_ CW En sneer. Blanes R ersec0ons nts atkey eft No residentia driveways my /.mile as a minfmum. Not permitted l May be considered at intersections to accommodate full-width right tum lanes or dual left tum lanes. General Plan Amendment DRC2005-01000 Exhibit A X m N O Resolution c 0 Z pl O m . m o 0) 9) O N Q) W