HomeMy WebLinkAbout01-05 - Resolutions RESOLUTION NO. 01-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA,CALIFORNIA,APPROVING A TIME EXTENSION
AND MODIFICATION FOR CONDITIONAL USE PERMIT NO. 98-13, A
REQUEST TO EXTEND THE APPROVAL PERIOD FOR A PREVIOUSLY
APPROVED CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF
A THREE-STORY SENIOR ASSISTED LIVING FACILITY, MODIFY THE
BUILDING DESIGN, AND MODIFY THE NUMBER OF UNITS FROM
135 TO 143 ON 11.2 ACRES OF LAND IN THE OFFICE PARK DISTRICT
OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE
SOUTHEAST CORNER OF HAVEN AVENUE AND CHURCH STREET
AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1077-421-10
AND 33.
A. Recitals.
1. Marriott Senior Living filed an application for Modification and Time Extension for
previously approved Conditional Use Permit No. 98-13, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the
application."
2. On the 10th day of January 2001, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing
on that date.
3. 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 Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission 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 Commission during the above-
referenced public hearing on January 10,2001, including written and oral staff reports,together with
public testimony, this Commission hereby specifically finds as follows:
a. The application applies to property located at the southeast corner of Haven
Avenue and Church Street with a street frontage of 70 feet on Haven Avenue and 420 feet on
Church Street, and lot depth of 556 feet and which is presently vacant; and
b. The property to the north of the subject site is developed with single and multiple
family homes, the property to the south consists of vacant land and a shopping center,the property
to the east is developed with an office park, and the property to the west is developed with a flood
control channel and a shopping center; and
C. The Development Code now provides for a total approval period of five years for
Conditional Use Permits and the current approval was granted two years ago so there are three
years of approval period left; and
PLANNING COMMISSION RESOLUTION NO. 01-05
TE & MOD TO CUP 98-13 - MARRIOTT
January 10, 2001
Page 2
d. The requested modification is of similar architectural design as the previously
approved project; and
e. The requested modification increases the total number of beds by only one; and
I. The proposed Senior Assisted Living project is allowed in the Office Park Land Use
District subject to approval of a Conditional Use Permit pursuant to the Community Facilities
provisions of the Terra Vista Community Plan; and
g. The project will comply with all applicable provisions of the Development Code,
Terra Vista Community Plan, and the General Plan; and
h. The type of use proposed will provide a needed service to residents of the
community; and
i. The project is designed to be compatible with surrounding development and
provide a high degree of architectural appeal; and
j. The proposed use is in accordance with the General Plan and the Terra Vista
Community Plan to provide a full range of housing opportunities.
3. Based upon the substantial evidence presented to this Commission during the above-
referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed use is in accord with the General Plan, the objectives of the
Development Code, and the purposes of the district in which the site is located.
b. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
C. The proposed use complies with each of the applicable provisions of the
Development Code.
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 Planning Commission finds that there 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. 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 Planning Commission; and, further, this
Commission has reviewed and considered the information contained in said Mitigated Negative
Declaration with regard to the application.
PLANNING COMMISSION RESOLUTION NO. 01-05
TE & MOD TO CUP 98-13 - MARRIOTT
January 10, 2001
Page 4
Environmental Mitigation
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 65 dBA, plus the
limits specified in Development Code Section 17.02.120-D, as
measured at the property line. Weekly, the developer shall monitor
noise levels, monitoring as specified in Development Code Section
17.02.120. Monitoring at other times may be required by the Planning
Division. Developer shall report their findings to the Planning Division
within 24 hours; however, if noise levels exceed the above standards,
then the Developer shall immediately notify the Planning Division. 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 block walls along the east and west property lines shall be
constructed as early as possible in each phase of the development.
4) Noise attenuating windows shall be provided as necessary to mitigate
interior noise levels. These windows shall remain shut at all times.
5) The site shall be treated with water or other soil stabilizing agent
(approved by SCAQMD and RW QCB)daily to reduce PM10 emissions,
in accordance with SCAQMD Rule 403.
6) Haven Avenue and Church Street 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.
7) Grading operations shall be suspended when wind speeds exceed
25 mph to minimize PM10 emissions from the site during such
episodes.
8) 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.
9) The construction contractor shall select the construction equipment
used on-site based on low emission factors and high-energy efficiency.
The construction contractor shall ensure the Construction Grading
Plans include a statement that all construction equipment will be tuned
and maintained in accordance with the manufacturer's specifications.
10) The construction contractor shall utilize electric or clean alternative fuel
powered equipment where feasible.
PLANNING COMMISSION RESOLUTION NO. 01-05
TE & MOD TO CUP 98-13 - MARRIOTT
January 10, 2001
Page 3
b. Although the Mitigated Negative Declaration identifies certain significant
environmental effects that will result if the project is approved, all significant effects have been
reduced to an acceptable level by imposition of mitigation measures on the project,which are listed
below as conditions of approval.
C. Pursuant to the provisions of Section 753.5(c)of Title 14 of the California Code of
Regulations, the Planning Commission 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
Planning Commission during the public hearing, the Planning Commission 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 Commission hereby approves the application subject to each and every condition set forth
below:
Planning Division
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.
2) The approval period for this Conditional Use Permit is hereby extended
to September 9, 2003. No further time extensions will be permitted.
3) All applicable conditions in Planning Commission Resolution 98-72 for
Conditional Use Permit 98-13 shall apply.
4) The central tower feature on the north elevation shall be revised to be
wider with larger roof area to match the previously approved design.
Engineering Division
1) All applicable conditions in Planning Commission Resolution 98-72 for
Conditional Use Permit 98-13 shall apply.
PLANNING COMMISSION RESOLUTION NO. 01-05
TE & MOD TO CUP 98-13 - MARRIOTT
January 10, 2001
Page 5
11) The construction contractor shall ensure that Construction Grading
Plans include a statement that work crews will shut off equipment when
not in use.
12) The construction contractor shall ensure that all bare ground surfaces
will be sprayed with water or other acceptable dust palliatives to
minimize wind erosion and fugitive dust emissions.
13) The backup generator must comply with AQMD standards for emission
control.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 10TH DAY OF JANUARY 2001.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
r
BY:
Larry T. iel, Chairman
ATTEST:
rad Bu ecreta
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby
certify that the foregoing Resolution was duly and regularly introduced, passed,and adopted by the
Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning
Commission held on the 10th day of January 2001, by the following vote-to-wit:
AYES: COMMISSIONERS: MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MACIAS
City of Rancho Cucamonga
MITIGATION MONITORING
PROGRAM
Project File No.: Conditional Use Permit 98-13 Modification/Time Extension
This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation
measures identified in the Mitigated Negative Declaration forthe above-listed project. This program
has been prepared in compliance with State law to ensure that adopted mitigation measures are
implemented (Section 21081.6 of the Public Resources Code).
Program Components -This MMP contains the following elements:
1. Conditions of approval that act as impact mitigation measures are recorded with the action and
the procedure necessary to ensure compliance.The mitigation measure conditions of approval
are contained in the adopted Resolution of Approval for the project.
2. A procedure of compliance and verification has been outlined for each action necessary. This
procedure designates who will take action, what action will be taken and when, and to whom
and when compliance will be reported.
3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring
progresses, changes to compliance procedures may be necessary based upon
recommendations by those responsible for the program.
Program Management - The MMP will be in place through all phases of the project. The project
planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project
planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly
and proper action is taken on each mitigation. Each City department shall ensure compliance of the
conditions (mitigation) that relate to that department.
Procedures - The following steps will be followed by the City of Rancho Cucamonga.
1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in
performing monitoring or reporting programs shall be charged to the applicant.
2. A MMP Reporting Form will be prepared for each potentially significant impact and its
corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached
hereto. This procedure designates who will take action,what action will betaken and when,and
to whom and when compliance will be reported. All monitoring and reporting documentation will
be kept in the project file with the department having the original authority for processing the
project. Reports will be available from the City upon request at the following address:
City of Rancho Cucamonga - Lead Agency
Planning Division
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Mitigation Monitoring Program
Page 2
3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed,as
determined by the project planner or responsible City department,to monitor specific mitigation
activities and provide appropriate written approvals to the project planner.
4. The project planner or responsible City department will approve, by signature and date, the
completion of each action item that was identified on the MMP Reporting Form. After each
measure is verified for compliance, no further action is required for the specific phase of
development.
5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off
as completed by the project planner or responsible City department at the bottom of the MMP
Reporting Form.
6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation
measures. The project planner is responsible for approving any such refinements or additions.
An MMP Reporting Form will be completed by the project planner or responsible City department
and a copy provided to the appropriate design, construction, or operational personnel.
7. The project planner or responsible City department has the authority to stop the work of
construction contractors if compliance with any aspects of the MMP is not occurring after written
notification has been issued. The project planner or responsible City department also has the
authority to hold certificates of occupancies if compliance with a mitigation measure attached
hereto is not occurring. The project planner or responsible City department has the authority to
hold issuance of a business license until all mitigation measures are implemented.
8. Any conditions (mitigation) that require monitoring after project completion shall be the
responsibility of the City of Rancho Cucamonga Community Development Department. The
Department shall require the applicant to post any necessary funds(or other forms of guarantee)
with the City. These funds shall be used by the City to retain consultants and/or pay for City staff
time to monitor and report on the mitigation measure for the required period of time.
9. In those instances requiring long-term project monitoring, the applicant shall provide the City
with a plan for monitoring the mitigation activities at the project site and reporting the monitoring
results to the City. Said plan shall identify the reporter as an individual qualified to know whether
the particular mitigation measure has been implemented. The monitoring/reporting plan shall
conform to the Citys MMP and shall be approved by the Community Development Director prior
to the issuance of building permits.
1AFINAL\CEQAV,AMP Form-revmpd
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File No.: CUP 98-13 Modification/Time Extension Applicant: Marriott Senior Assisted Living
Initial Study Prepared by: Brent Le Count Date: December 18 2000
MethodMitigation Measures No. Responsible Monitoring Timing of of Verif led Sanctions for
Implementing Actio-n for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Air Quality - --The site shall be treated with water or other soil CP C Review of Plans A/C 2
stabilizing agent (approved by SCAQMD and and routine site
RWQCB) daily to reduce PM10 emissions, in inspections
accordance with SCAQMD Rule 403.
Haven Avenue and Church Street shall be swept CP C Review of plans A/C 2
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.
Grading operations shall be suspended when wind CP C Review of plans A/C 2
speeds exceed 25 mph to minimize PM,o emissions
from the site during such episodes.
Chemical soil stabilizers (approved by SCAQMD and CP C Review of plans A/C 2
RWQCB) shall be applied to all inactive construction
areas that remain inactive for 96 hours or more to
reduce PM,o emissions.
The construction contractor shall select the CP B/C Review of plans A/C 2
construction equipment used on-site based on low
emission factors and high-energy efficiency. The
construction contractor shall ensure the construction
grading plans include a statement that all construction
equipment will be tuned and maintained in accordance
with the manufacturer's specifications.
The construction contractor shall utilize electric or CP B/C Review of plans A/C 2
clean alternative fuel powered equipment where
feasible.
The construction contractor shall ensure that CP/CE B Review of plans C 2
construction-grading plans include a statement that
work crews will shut off equipment when not in use.
Mitigation Measures No.
Responsible g of Method .
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
The construction contractor shall ensure that all bare CP/BO C Review/approve A 2
ground surfaces will be sprayed with water or other final report
acceptable dust palliatives to minimize wind erosion
and fugitive dust emissions.
The emergency generator shall be installed and CP/BO B/C Inspection A 3
operated in accordance with AQMD standards and
regulations.
Noise -
Construction or grading shall not take place between CP C Routine site A 4
the hours of 8:00 p.m. and 6:30 a.m. on weekdays, inspections.
including Saturday, or at any time on Sunday or a
national holiday.
Construction or grading noise levels shall not exceed CP C Routine site A 4
65 dBA, plus the limits specified in Development Code inspections.
Section 17.02.120-D, as measured at the property
line. Weekly, the developer shall monitor noise levels,
monitoring as specified in Development Code Section
17.02.120. The Planning Division may require
monitoring at other times. Developer shall report their
findings to the Planning Division within 24 hours. 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.
The project shall be designed in accordance with the CP/BO B/C Plan Check A/C 3/4
recommendations of the Douglas Eilar Acoustical
Analysis Report dated February 8, 1999
Key to Checklist Abbreviations
. .
Responsible Person '- • Monitoring Frequency ., '�- Method of Verification Sanctions .. . .
CDD-Community Development Director A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map'
CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit
CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy
BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order
PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds
FC-Fire Chief or designee 6-Revoke CUP