HomeMy WebLinkAbout03-17 - Resolutions RESOLUTION NO. 03-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
GENERAL PLAN AMENDMENT GPA2002-00001,A REQUEST TOAMEND
THE GENERAL PLAN LAND USE ELEMENT AND MAP PROVISIONS
FROM OFFICE TO MIXED USE FOR 7.24 ACRES OF LAND, LOCATED ON
THE NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF THE
CUCAMONGA CHANNEL, AND MAKING FINDINGS IN SUPPORT
THEREOF -APN: 207-101-32, 33, AND 50.
A. Recitals.
1. The Frazier Group filed an application for General Plan Amendment GPA2002-00001,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 January 22, and continued to February 12, 2003, the Planning Commission of the City
of Rancho Cucamonga conducted a duly noticed public hearing on the associated Development
District Amendment and Development Code Amendment applications and issued Resolution No. 03-
18 and Resolution No. 03-19, respectively, recommending to the City Council that Development
District Amendment DDA2002-00001 and Development Code Amendment DCA2002-00001 be
approved.
3. On January 22, and continued to February 12, 2003,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.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved bythe 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 22, and February 12, 2003, including written and oral staff
reports, together with public testimony, this Commission hereby specifically finds as follows:
a. The application applies to approximately 7.24 acres of land, basically a triangular
configuration, located on the north side of Foothill Boulevard,west of the Cucamonga Channel and is
presently vacant. Said property is currently designated as Office; and
b. The property to the north of the subject site is vacant and the future Pacific Electric
Inland Empire Trail. The property to the west is designated Low Residential (2-4 dwelling units per
acre) and is vacant. The property to the east is designated Community Commercial and is the
Vineyard Town Center. The property to the south is designated Medium Residential and developed
with a trailer park and single-family homes.
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
PLANNING COMMISSION RESOLUTION NO. 03-17
GPA2002-00001 — FRAZIER GROUP
February 12, 2003
Page 2
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.
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. 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 as evidenced
by its frontage on a public street, its size exceeding minimum size requirements for the land use
designation, and the evidence of similar uses existing in the immediate area; and
b. That the proposed amendment would not have significant impacts on the
environment nor the surrounding properties as evidenced by existing medium density residential
development and commercial activities in the immediate area; and
C. That the proposed amendment is in conformance with the General Plan, which
contains provisions for Mixed Use land use designations.
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 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.
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.
Environmental Mitigation:
Water
1) Prior to issuance of grading permits, the applicant shall prepare a
Storm Water Pollution Prevention Plan that identifies Best
Management Practices to be implemented during the period the
site is under construction. Best Management Practices shall be
identified on the Grading Plan for review and approval by the City
Engineer.
PLANNING COMMISSION RESOLUTION NO. 03-17
GPA2002-00001 — FRAZIER GROUP
February 12, 2003
Page 3
Air Quality
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.
2) Streets adjacent to the site 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 miles per hour 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.
5) 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 manufacturers' specifications.
6) The construction contractor shall utilize electric or clean
alternative fuel powered equipment where feasible.
7) The construction contractor shall ensure that construction-grading
plans include a statement that work crews will shut off equipment
when not in use.
Noise
1) Recommendations and/or mitigation measures presented in the
noise analysis shall become a part of the Mitigation Monitoring
Plan for the project. If sound barriers and/or building elements
designed to reduce interior noise levels are required, then they
shall be incorporated into design plans.
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 orthe 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.
PLANNING COMMISSION RESOLUTION NO. 03-17
GPA2002-00001 — FRAZIER GROUP
February 12, 2003
Page 4
5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
this Commission hereby recommends approval of General Plan Amendment GPA2002-00001 to
establish a Mixed Use designation for the site identified in the Resolution and to add the written text
in the attached draft City Council Resolution.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY 2003.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: C r
Lafry T. Viel, Chairman
Al ATTEST:
�Brad Bul creta
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 12th day of February 2003, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, STEWART, TOLSTOY
NOES: COMMISSIONERS: MCNIEL
ABSENT: COMMISSIONERS: NONE
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT GPA2002-00001,A REQUEST TO AMEND THE GENERAL
PLAN LAND USE ELEMENT AND MAP PROVISIONS FROM OFFICE TO
MIXED USE FOR 7.24 ACRES OF LAND, LOCATED ON THE NORTH
SIDE OF FOOTHILL BOULEVARD, WEST OF THE CUCAMONGA
CHANNEL, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 207-101-32, 33, AND 50.
A. Recitals.
1. The Frazier Group filed an application for General Plan Amendment GPA2002-00001,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 January 22, and continued to February 12, 2003, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the associated Development
District Amendment and Development Code Amendment applications and issued Resolution
No. 03-18 and Resolution No. 03-19, respectively, recommending to the City Council that
Development District Amendment DDA2002-00001 and Development Code Amendment DCA2002-
00001 be approved.
2. On January 22, and continued to February 12, 2003, the Planning Commission
conducted the public hearing and recommended approval of the application by the adoption of
Resolution No. 03-17.
3. On the City Council of the City of Rancho Cucamonga conducted a duly
noticed public hearing on the associated Development District Amendment and Development Code
Amendment applications and issued Resolution No. _' and Resolution No. _, respectively,
approving the associated Development District Amendment DDA2002-00001 and Development
Code Amendment DCA2002-00001.
4. On ,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 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 2003, including written and oral staff reports, together
with public testimony, this Council hereby specifically finds as follows:
CITY COUNCIL RESOLUTION NO.
GPA2002-00001 — FRAZIER GROUP
Page 2
a. The application applies to approximately 7.24 acres of land, basically a triangular
configuration, located on the north side of Foothill Boulevard,west of the Cucamonga Channel and
is presently vacant. Said property is currently designated as Office; and
b. The property to the north of the subject site is vacant and the future Pacific Electric
Inland Empire Trail. The property to the west is designated Low Residential (2-4 dwelling units per
acre) and is vacant. The property to the east is designated Community Commercial and is the
Vineyard Town Center. The property to the south is designated Medium Residential and developed
with a trailer park and single-family homes.
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.
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 as
evidenced by its frontage on a public street, its size exceeding minimum size requirements for the
land use designation, and the evidence of similar uses existing in the immediate area; and
b. That the proposed amendment would not have significant impacts on the
environment nor the surrounding properties as evidenced by existing Medium Density residential
development and commercial activities in the immediate area; and
C. That the proposed amendment is in conformance with the General Plan, which
contains provisions for Mixed Use land use designations.
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 thatthe project will have a
significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring
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.
CITY COUNCIL RESOLUTION NO.
GPA2002-00001 — FRAZIER GROUP
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.
Environmental Mitigation:
Water
1) Prior to issuance of grading permits, the applicant shall prepare a
Storm Water Pollution Prevention Plan that identifies Best
Management Practices to be implemented during the period the site is
under construction. Best Management Practices shall be identified on
the Grading Plan for review and approval by the City Engineer.
Air Quality
1) 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.
2) Streets adjacent to the site 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 miles per hour 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.
5) 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 manufacturers' specifications.
6) The construction contractor shall utilize electric or clean alternative fuel
powered equipment where feasible.
7) The construction contractor shall ensure that construction-grading
plans include a statement that work crews will shut off equipment when
not in use.
CITY COUNCIL RESOLUTION NO.
GPA2002-00001 — FRAZIER GROUP
Page 4
Noise
1) Recommendations and/or mitigation measures presented in the noise
analysis shall become a part of the Mitigation Monitoring Plan for the
project. If sound barriers and/or building elements designed to reduce
interior noise levels are required, then they shall be incorporated into
design plans.
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 recommends approval of General Plan Amendment GPA2002-00001 to change
the land use designation from Office to Mixed Use for the site identified in this Resolution and shown
in Exhibit"A"of this Resolution, and to add the following text to the General Plan Land Use Element,
Section 2.5.5:
"The City has identified the following areas for special mixed use consideration:
Foothill Boulevard-Cucamonga Channel site—This 7.24-acre site is significant within
Subarea 1 of the Foothill Boulevard Districts. At the southern base of"Red Hill,"the site
is strategically located near the northwest corner Historic Route 66 Foothill Boulevard
and Vineyard Avenue. Like other newly designated Mixed Use districts, this site
presents an opportunity to expand commercial office activity, while providing an
opportunity for new multi-family development in the City. The following table specifies
the uses and range of development that is anticipated to bring positive aspects to
revitalize the area.
Percent Acreage
Land Use Mix Range Range
Medium Residential 0% - 100% 0 - 7.24 acres
8-14 dwelling units per acre
Office 0% - 100% 0 - 7.24 acres
This Mixed Use site may be considered with a base zoning of Medium-High Residential
(14-24 dwelling units per acre) if developed in conjunction with a Senior Housing
Overlay District (SHOD).
The land use categories proposed within the Mixed Use area shall be of the character
and intensity as defined in the corresponding sections of the Land Use Element."
CITY COUNCIL RESOLUTION NO.
G PA2002-00001 —FRAZI ER GROUP
Page 5
6. The City Clerk shall certify to the adoption of this Resolution.
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City of Rancho Cucamonga
MITIGATION MONITORING
PROGRAM
Project File No.: GP A2002-00001, DDA2002-00001, and DCA2002-00001
This Mitigation Monitoring Program(MMP)has been prepared for use in implementing the mitigation
measures identified in the Mitigated Negative Declaration for the 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 be taken 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 City s MMP and shall be approved by the Community Development Director prior
to the issuance of building permits.
(:\FINAL\CEQA\MMP Form-revmpd
MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III)
Project File No.: _ GPA2002-00001, DDA2002-0001, & DCA2002-0001 Applicant: Frazier Group
Initial Study Prepared by: Warren Morelion Date: December 30, 2002
Mitigation Measures No. Responsible . . . Timing . od of Verified Sanctions
Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance
Water' .. ,; ::.0 iw fl ? . b'7~ 7`" ,'.
Prior to issuance of grading permits, the applicant shall prepare a CP/CE B Review of plans C 2
Storm Water Pollution Prevention Plan that identifies Best
Management Practices to be implemented during the period the site is
under construction. Best Management Practices shall be Identified on
the Grading Plan for review and approval by the City Engineer.
Air Quality
The site shall be treated with water or other soil-stabilizing agent CP C Review of plans C 2
(approved by SCAQMD and RWQCB)dailyto reduce PMrcemissions,
in accordance with SCAQMD Rule 403.
Streets adjacent to the site shall be swept according to a schedule CP C Review of plans C 2
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.
Grading operations shall be suspended when wind speeds exceed CP C Review of plans C 2
25 miles per hour to minimize PMiu emissions from the site during
such episodes.
Chemical,soil stabilizers(approved by SCAQMD and RWQCB)shall CP C Review of plans C 2
be applied to all inactive construction areas that remain inactive for
96 hours or more to reduce PMru emissions.
The construction contractor shall select the construction equipment CP B Review of plans C 2
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 manufacturers'specificabons.
The construction contractor shall utilize electric or clean alternative fuel CP C Review of plans C 2
powered equipment where feasible.
The construction contractor shall ensure that construction-grading CP B Review of plans C 2
plans include a statement that work crews will shut off equipment when
not in use.
Recommendations and/or mitigation measures presented in the noise CP D Review of plans A/C 3
analysis shall become a part of the Mitigation Monitoring Plan for the
project. If sound barriers and/or building elements designed to reduce
interior noise levels are required,then they shall be incorporated into
design plans.
Key to Checklist Abbreviations
Responsible P@rSOO Monitoring;Frequeney d ; , Method of Veryflcatlon Sanctions
CDD-Community Development Director or designee 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 I 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 I Studies I 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