HomeMy WebLinkAbout811 - OrdinancesORDINANCE NO. 811
AN ORDINANCE OF THE CITY COUNCIL OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA
COMMUNITY PLAN AMENDMENT DRC2008-00761, A
REQUEST TO REDUCE THE FRONT-TO-FRONT BUILDING
SEPARATION FROM 30 FEET TO 16 FEET AND THE SIDE-TO-
SIDE BUILDING SEPARATION REQUIREMENT FROM 15 FEET
TO 8 FEET FOR TWO-STORY DUPLEX AND DETACHED
SINGLE-UNIT BUILDINGS WITHIN THE MEDIUM-HIGH
DENSITY RESIDENTIAL DISTRICT (14-24 DWELLING UNITS
PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN; AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals
1. Lewis Operating Corporation filed an application for Terra Vista Community Plan
Amendment DRC2008-00761, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Terra Vista Community Plan Text Amendment is referred to as "the
application."
2. On November 12, 2008, the Planning Commission approved the initiation of Terra
Vista Community Plan Text Amendment DRC2008-00761.
3. On January 14, 2009, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above-referenced Terra Vista
Community Plan Amendment DRC2008-00761 and, following the conclusion thereof, adopted
its Resolution No. 09-03 recommending that the City Council of the City of Rancho Cucamonga
adopt said Terra Vista Community Plan Amendment DRC2008-00761.
4. On March 18, 2009, the City Council of the City of Rancho Cucamonga conducted a
duly-noticed public hearing on the application.
5. All legal prerequisites prior to the adoption of this Ordinance have occurred.
6. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
1. This City 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 substantial evidence presented to the City Council during the above-
referenced public hearing March 18, 2009, including written and oral staff reports, together with
public testimony, the City Council hereby specifically finds as follows:
The application applies to property located within the City; and
b. The amendment proposes reducing the required front-to-front building
separation from 30 feet to 16 feet and the side-to-side building separation requirement from 15
feet to 8 feet. The amendment will only apply to detached single-unit buildings and two-story
duplex buildings within the Medium-High Density Residential District of the Terra Vista
Community Plan. Specifically, Chapter V of the Terra Vista Community Plan will be amended
by adding the following underlined text: Community Development Standards, Medium-High
Ordinance No. 811
Page 2 of 10
Density Residential Site Development Standards, page V-15: (h) Building separations: The
standards from the Rancho Cucamonga Development Code shall apply except for the following
feet; and
c. Proper site planning can overcome any issues that may arise from the reduced
building separations, and that future residents of projects developed using this criteria will be
afforded the same high quality-of-life standards expected from all developments within the City;
and
d. The proposed Terra Vista Community Plan Amendment will provide the
necessary legislative action that will permit a variety of multi-family dwelling unit types for rental
purposes, such as duplexes and detached units, which are not typically found in apartment
home communities.
e. The proposed amendment is in conformance with the General Plan and
objectives of the Terra Vista Community Plan; and
f. The proposed Terra Vista Community Plan Text 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 Terra Vista Community Plan Text 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. The proposed Terra Vista Community Plan Text Amendment does promote the
goals and objectives of the Development Code, and;
c. The proposed Terra Vista Community Plan Text Amendment will not be
detrimental to the public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
d. The subject application is consistent with the objectives the Terra Vista
Community Plan; and
e. The proposed amendment is in conformance with the General Plan.
Ordinance No. 811
Page 3 of 10
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 Terra
Vista Community Plan Amendment will have a significant effect upon the environment and
adopts a Mitigated Negative Declaration and Mitigation 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, 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, City staff provided public notice of
the public comment period and of the intent to adopt the Mitigated Negative Declaration.
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
further finds that the Mitigated Negative Declaration reflects the independent judgment and
analysis of the City Council. Based on these findings, the City Council adopts the Mitigated
Negative Declaration.
c. The City Council 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
adopts the Mitigation Monitoring Program for the project.
d. 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 conclusions set forth in Paragraphs 1, 2, 3, and 4
above, this City Council hereby approves Terra Vista Community Plan Text Amendment
DRC2008-00761, thereby amending Chapter V, Community Development Standards, Medium-
High Density Residential Site Development Standards, page V-15, (h) Building separations, with
the addition of the following underlined text to the existing regulations:
The standards from the Rancho Cucamonga Development Code shall apply except for the
following exception: Two-story duplex and detached single-unit buildings may be developed
with a reduced front-to-front building separation of 16 feet and aside-to-side building separation
of 8 feet.
Ordinance No. 811
Page 4 of 10
Plannino 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.
Environmental Mitigation
Air Quality
1) All construction equipment shall be maintained in good operating
condition so as to reduce operational emissions. The 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, the developer shall
submit construction plans to the 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.
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 any on-site haul roads.
Phase grading to prevent the susceptibility of large areas to
erosion over extended periods of time.
Ordinance No. 811
Page 5 of 10
• 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 occur
as a result of hauling. Timing may vary depending upon the
time of year of construction.
Suspend grading operations during high winds (i.e., wind
speeds exceeding 25 mph) in accordance with SCAQMD 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 Fine Particulate Matter (PM,o) emissions,
in accordance with SCAQMD Rule 403.
7) The construction contractor shall utilize electric or clean alternative
fuel-powered equipment where feasible.
8) The construction contractor shall ensure that construction-grading
plans include a statement that work crews will shut off equipment
when not in use.
9) All residential and commercial structures shall be required to
incorporate high-efficiency/low-polluting heating, air conditioning,
appliances, and water heaters.
10) All residential and commercial structures shall be required to
incorporate thermal pane windows and weather-stripping.
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.
Ordinance No. 811
Page 6 of 10
Pursue educating the public about the archaeological heritage
of the area.
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) If any paleontological resource (i.e. plant or animal fossils) are
encountered before or during grading, the developer will retain a
qualified paleontologist to monitor construction activities to take
appropriate measures to protect or preserve them for study. 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.
• Prepare, identify, and curate all recovered fossils for
documentation in the summary report and transfer to an
appropriate depository (i.e., San Bernardino County Museum).
• Submit the summary report to the City of Rancho Cucamonga.
Transfer collected specimens with a copy to the report to the
San Bernardino County Museum.
Ordinance No. 811
Page 7 of 10
Geology and Soils
1) The site shall be treated with water or other soil-stabilizing agent
(approved by SCAQMD and RWQCB) daily to reduce PM,o
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 PM,o 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 PM,o 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 PM,o emissions.
Hydrology and Water Quality
1) Prior to issuance of grading permits, the permit applicant shall
submit to the 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 the grading
plan, and implemented for the proposed project that identifies
specific measures to control on-site and off-site erosion from the
time 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.
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.
Ordinance No. 811
Page 8 of 10
5) The developer shall implement the BMPs identified in the Water
Quality Management Plan (WOMP), prepared by Madole &
Associates, Inc. on September 15, 2008, to reduce pollutants during
the construction phase of project from 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 WOMP, including a project
description and identifying BMPs that will be used on-site to reduce
pollutants into the storm drain system to the maximum extent
practicable. The WOMP 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, the 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) 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.
2) 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. The 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 standards,
then construction activities shall be reduced in intensity to a level of
compliance with above noise standards or halted.
3) The perimeter block wall shall be constructed as early as possible in
the first phase.
Ordinance No. 811
Page 9 of 10
4) 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. 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.
7. 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 Vallev Dailv
Bulletin, a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
Please see fhe /ollowing page
/or /ormal adoption, certi/ication antl signatures
Ordinance No. 811
Page 10 of 10
PASSED, APPROVED, AND ADOPTED this 1st day of April 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Donald J. Kurth,'M:B., Mayor
ATTEST:
~anice C. Reynolds, Citq Clerk
1, JANICE C. REYNOLDS, 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 18th day of March 2009, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
1st day of April 2009.
Executed this 2nd day of April 2009, at Rancho Cucamonga, California.
Janice C. Reynolds, Cit~Clerk