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HomeMy WebLinkAbout05-75 - Resolutions RESOLUTION NO. 05-75 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF 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 August 10, 2005, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and issued Resolution No. 05-74, recommending to the City Council that the associated General Plan Amendment DRC2004-00699 is approved. 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 August 10, 2005, including written and oral staff reports,together with public testimony, this Commission 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 (Subarea 16); 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 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 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 PLANNING COMMISSION RESOLUTION NO. 05-75 DRC2004-00700 —THE RANCH GROUP August 10, 2005 Page 2 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 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; 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 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 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 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 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 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. 0 PLANNING COMMISSION RESOLUTION NO. 05-75 DRC2004-00700—THE RANCH GROUP August 10, 2005 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development District Amendment DRC2004-00700, as shown in Exhibit A attached hereto for reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF AUGUST 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: L � Pamela ewart, Chairman ATTEST B e 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 August 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MCNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS • r . �•r r gip.:: s.x�c >yq�:,: I���D -����IIIIIIIIIIII: �IIIIII a i°i'i'i�i�i�i�ivi"i"i'wiYiY Lwiviv--- — — — — — — — — — - • ' sLaortGacs..: ' 000 w0 OOQO . 000 Q2 .A¢"'<e! 4 0 0 0 0 0 0 6 4 0 4 4 OI ✓�GFV.;;.uae;i%< � • ti ii°ii gy�pp• •iii y'.':�!zs;a:«,�a:a' oiOio�io° i4ioioo�i�o=o 0 0� eb < R.ieiiioioioioioio�°i°ioiei�•ei� I �`°� • • as . MEN Aw NONNI eon td ,all��r Ull City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: General Plan Amendment DRC2004-00699 and Development District Amendment DRC2004-00700 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the "(Mitigated Negative Declaration/Environmental Impact Report) 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 Department) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program DRC2004-00699 AND DRC2004-00700— RANCH DEVELOPMENT GROUP, LLC Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's 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 afterwritten 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 Planning Division.The Division 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 or City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: GENERAL PLAN AMENDMENT DRC2004-00699 AND DEVELOPMENT DISTRICT AMENDMENT DRC2004-00700 Applicant: Rocky Sanchez Ranch Development Group, LLC Initial Study Prepared by: L. J. Henderson AICP, Principal Planner Date: June 21, 2005 ResponsibleMitigation Measures No./ of Verified Sanctions for ActionImplementing for Monitoring FrequencyDate/Initials Non-Compliance Air Quality All construction equipment shall be maintained in good CP C Review of plans A/C 2/4 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. Prior to the issuance of any grading permits, developer CP/BO C Review of plans C 2 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. All paints and coatings shall meet or exceed CP C Review of plans A/C 2/4 performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. All asphalt shall meet or exceed performance standards BO B Review of plans A/C 2 noted in SCAQMD Rule 1108. All construction equipment shall comply with SCAQMD BO C Review of plans A/C 2/4 Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. 1 of 8 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Pave or apply gravel to any on-site haul roads. BO C Review of plans A/C 2/4 • Phase grading to prevent the susceptibility of large BO C Review of plans A/C 2/4 areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of BO C Review of plans A/C 2/4 exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of plans A 4 accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carried over to adjacent public construction 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., BO C During A 4 wind speeds exceeding 25 mph)in accordance with construction SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other soil- BO C During A 4 stabilizing agent (approved by SCAQMD and Regional construction Water Quality Control Board [RWQCB]) daily to reduce PM,o emissions,in accordance with SCAQMD Rule 403. Chemical soil stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. The construction contractor shall utilize electric or clean BO C Review of plans A/C 4 alternative fuel powered equipment where feasible. The construction contractor shall ensure that BO C Review of plans A/C 2/4 construction-grading plans include a statement that work crews will shut off equipment when not in use. 2 of 8 Mitigation Measures . Responsible Monitoring . •Implementing Action for Monitoring Frequency Method . VerificationDate/initials Non-Compliance All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate high efficiericy/low polluting heating,air conditioning,appliances,and water heaters. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping. Cultural Resources 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 CP/BO C Review of report A/D 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require CP/BO C Review of report A/D 3/4 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 CP/BO C Review of report A/D 3/4 archaeological heritage. • Propose mitigation measures and recommend CP/BO C Review of report A/D 3/4 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, C? C Review of report A/D 3/4 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. 3of8 Mitigation Measures No. Responsible MonitoringImplementing Action . Date/initials Non-Compliance A qualified paleontologist shall conduct a preconstruction CP B Review of report A/D 4 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 CP B Review of report A/D 4 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 BO B/C Review of report A/D 4 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. Submit summary report to City of Rancho CP D Review of report D 3 Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils The site shall be treated with water or other soil- BO C During A 4 stabilizing agent(approved by SCAQMD and RWQCB) construction daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PMIO construction 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 BO C During A 4 speeds exceed 25 mph to minimize PM,o emissions construction from the site during such episodes. 4 of 8 Mitigation Measures No. Responsible Implementing Action for Monitoring Frequency Verification Verif lication Date/Initials Non-Compliance Chemical soil stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and Water Quality Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4 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. An erosion control plan shall be prepared, included in BO B/C/D Review of plans A/C 2/4 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. During construction, temporary berms such as BO B/C/D Review of plans A/C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. During construction, to remove pollutants, street BO B/C/D Review of plans A/C 2/4 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 of 8 Mitigation Measures No. Res Implementing Method ,Monitoring. D. te/initials Non-Compliance The developer shall implement the BMPs identified in CE B/C/D Review of plans A/C 2/4 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. Landscaping plans shall include provisions for BO B/C/D Review of plans A/C 2/4 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. Prior to issuance of building permits,the applicant shall CE B/C/D Review of plans A/C 2/4 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. Prior to issuance of grading or paving permits,applicant BO B/C/D Review of plans A/C 2/4 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 A 7. 5-foot tall wall along 6th and Archibald Avenue will BO C During A 4 be required at the time of development. construction 6 of 8 Mitigation Measures No. Responsible of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date finitials Non-Compliance Construction or grading shall not take place between the BO C During A 4 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. Construction or grading noise levels shall not exceed the BO C During A 4 standards specified in Development Code Section construction 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 standards,then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. The perimeter block wall shall be constructed as early CP C During A 4 as possible in the first phase. construction Haul truck deliveries shall not take place between the PO/BO C During A 4/7 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction 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. 7of8 Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification 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/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 7-Citation 8 of 8 City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration Is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: General Plan Amendment DRC2004-00699 and Development District Amendment DRC2004-00700 Public Review Period Closes: August 10, 2005 Project Name: Project Applicant: Ranch Development Group, LLC Project Location (also see attached map): Located at the southwest corner of Archibald Avenue and 6th Street—APN: 0210-062-08. Project Description: A request for a land use amendment from Industrial Park with.a Master Plan, to Low-Medium Residential (4-8 dwelling units per acre) and to change the Development District Map designation from Industrial Park (Subarea 16)to Low-Medium Residential on 18.6 acres. FINDING This Is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine If the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: ❑ The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. ® The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. If adopted,the Negative Declaration means that an Environmental Impact Report will not be required. Reasons to support this finding are Included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909)477-2750 or Fax (909)477-2847. NOTICE The public Is Invited to comment on the proposed Negative Declaration during the review period. August 10. 2005 Date of Determination Adopted By