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HomeMy WebLinkAbout06-90 - Resolutions RESOLUTION NO. 06-90 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND DETERMINING CONFORMANCE WITH THE GENERAL PLAN FOR THE FOOTHILL BOULEVARD WIDENING PROJECT FROM GROVE AVENUE TO VINEYARD AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga adopted the first General Plan April 6, 1981, which indicates Foothill Boulevard a "Special Boulevard" on the Circulation Element, Figure III. 2. On September 16, 1987, the City of Rancho Cucamonga adopted the Foothill Boulevard Specific Plan (incorporated into the Municipal Code through Council action 1999), Section 17.32 of the Municipal Code. The Foothill Boulevard Specific Plan reflects the median and median breaks. 3. On August 2, 2000,the City of Rancho Cucamonga entered into a Professional Services Agreement with Parsons, Brinckerhoff, Quade and Douglas, Inc. to provide engineering design services for the Foothill Boulevard Widening Project, from Grove Avenue to Vineyard Avenue. 4. On November 17, 2001,the City of Rancho Cucamonga adopted the 2001 General Plan Update; an update to the original. The Circulation Plan, Exhibit III-4, identifies Foothill Boulevard as a Major Divided Arterial. 5. On February 6, 2002, the City of Rancho Cucamonga adopted the Foothill Boulevard Route 66 Visual Improvement Plan,which defines decorative elements that have been incorporated within the project plans. 6. On November 14, 2001, the Historic Preservation Commission recommended that the existing bridge located west of Baker Street be designated a Historic Point of Interest. 7. On the 11th day of October, 2006, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the environmental assessment of the Foothill Boulevard Widening Project from Grove Avenue to Vineyard Avenue and concluded said hearing on that date. 8. 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 meeting on October 11, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: PLANNING COMMISSION RESOLUTION NO. 06-90 FOOTHILL BOULEVARD WIDENING PROJECT — CITY OF RANCHO CUCAMONGA October 11, 2006 Page 2 a. The property to the north of the subject site is Mixed Use, the property to the south is Mixed Use and Medium Residential; and 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 project is consistent with the objectives of the General Plan. This is achieved through the widening of the street to six traffic lanes and the installation of the median island per the Circulation Element,where Foothill Boulevard is designated a Major Divided Arterial; and b. The proposed project is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and C. The proposed project is in compliance with each of the applicable provisions of the Development Code. This will be achieved through the realignment of Red Hill Avenue and installation of the median with the designated median openings; and d. The proposed project is in conformance with the Foothill Boulevard Route 66 Visual Improvement Plan. This will be achieved through the implementation of various decorative elements to be installed with this project, including; decorative arch, pedestrian bridge, decorative street lighting, pavement enhancement; and e. 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. 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 project,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. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission 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 Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. PLANNING COMMISSION RESOLUTION NO. 06-90 FOOTHILL BOULEVARD WIDENING PROJECT— CITY OF RANCHO CUCAMONGA October 11, 2006 Page 3 C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. Pursuant to the requirements of California Fish and Game Code Section 711.4 and Title 14 of the California Code of Regulations, Section 753.5,the Planning Commission finds, based on the Initial Study,the Mitigated Negative Declaration, and considering the record as a whole,that there is no evidence before the City that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The street widening portion of the project is occurring within areas currently utilized by fronting properties as parking. Parkways fronting undeveloped areas, vacant land, will be completed as development occurs. Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753.5 (Title 14 of the California Code of Regulations Code, Section 753.5.) e. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission'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 Commission hereby determines, pursuant to Government Code Section 65402,that the Foothill Boulevard Widening Project from Grove Avenue to Vineyard Avenue, is consistent with the Rancho Cucamonga General Plan. The Planning Commission's adoption of the Environmental Assessment (Mitigated Negative Declaration) as provided in Section 4 and the Planning Commission's determination with respect to General Plan consistency that is contained in this Section 5 are subject to each and every condition set forth below, attached hereto and incorporated herein by this reference. Environmental Mitigation Aesthetics 1) To the greatest extent feasible, the roadway shall be designed in a manner which minimizes the impacts of the new construction on adjacent scenic resources. Minimizing impacts shall be accomplished by incorporating design features that: a) Maintain the greatest possible physical distance between the historic buildings, structures, and objects, and the road ROW. b) Do not require the reconfiguration of external or internal features of the historic properties, including entrances, windows and related free-standing structures. PLANNING COMMISSION RESOLUTION NO. 06-90 FOOTHILL BOULEVARD WIDENING PROJECT— CITY OF RANCHO CUCAMONGA October 11, 2006 Page 4 c) Avoid the loss of related landscape elements where possible. 2) Where trees of the eucalyptus windrow are taken for the alignment and new ROW, new Eucalyptus maculata trees shall be planted at a 1:1 ratio per City of Rancho Cucamonga Municipal Code 19.08,where feasible, unless it is determined by the City Engineer that the proposed project would meet any of the Eucalyptus maculata tree replacement exceptions as defined in the City's Municipal Code Section 19.08.040. 3) Development of the new pedestrian overcrossing and future rail bridge shall incorporate architectural treatments as identified and outlined in the Foothill Boulevard Specific Plan and Foothill Boulevard — Historic Route 66 Visual Improvement Plan in order to enhance these elements within the context of the newly designed Foothill Boulevard. At a minimum the overcrossing included with the proposed project shall be designed so that architectural treatments as outlined in the Specific Plan and Improvement Plan can be added to the bridge either when the bridge is constructed or at a later date. Air Quality 1) Construction related dust abatement measures shall conform with the Erosion Control Plan that shall be prepared for the proposed project. In addition, all requirements outlined in SCAQMD's Rules 401, 402, 403, and 403.1 shall be met (SCAQMD, June 16, 2000). Biological Resources 1) Prior to clearing, surveys shall be conducted for raptor nests that may be located in eucalyptus trees that are to be cleared by construction of the project. If active nests are identified, buffer zones shall be set up around the nests until nesting season is complete. Surveys for burrowing owls and horned lizards shall also be conducted prior to construction. These mitigation measures are anticipated to reduce potentially substantial impacts to raptors, burrowing owls, and horned lizards to minimal levels. 2) All new lighting should be directional lighting that points away from native habitat, if feasible, and toward the roadway. 3) During construction, night-lighting shall be shielded from environmentally sensitive areas to the extent possible, and dust-control measures, as defined in the Erosion Control Plan that shall be prepared for the proposed project, shall be implemented. 4) See Mitigation Measure 2 Aesthetics. PLANNING COMMISSION RESOLUTION NO. 06-90 FOOTHILL BOULEVARD WIDENING PROJECT — CITY OF RANCHO CUCAMONGA October 11, 2006 Page 5 Community Resources 1) Property acquisition or relocations shall be carried out pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Federal Public Law 91-646), revised 1987. Cultural Resources 1) To the greatest extent feasible, the roadway shall be designed in a manner which minimizes the impacts of the new construction on adjacent historic properties. Minimizing impacts shall be accomplished by incorporating design features that: • Maintain the greatest possible physical distance between the historic buildings, structures, and objects, and the road ROW. • Do not require the reconfiguration of external or internal features of the historic properties, including entrances, windows and related free-standing structures. • Avoid the loss of related landscape elements where possible. 2) See Mitigation Measure 2 Aesthetics. 3) Should archaeological resources be encountered during construction, work shall be suspended,in the area of the discovery until a qualified archaeologist. can assess the significance of the find. Should paleontological resources be encountered during construction, work shall be suspended until a qualified paleontologist can assess the significance of the find. If human remains are unearthed during construction no further disturbance of the site shall be permitted as outlined in State Health and Safety Code Section 7050.5 until the County Coroner has been able to make a determination regarding the origin and disposition of the remains pursuant to Public Resources Code 5097.98. Geology and Soils 1) The contractor shall develop and implement best management practices (BMPs)to control soil erosion and sedimentation during and immediately following construction of the project. See also Mitigation Measure 1 Hydrology and Water Control. 2) Further evaluate the soils and geologic characteristics of the project area as part of final design, and identify any measures necessary, if applicable, to meet Universal Building Code Standards for expansive soils. PLANNING COMMISSION RESOLUTION NO. 06-90 FOOTHILL BOULEVARD WIDENING PROJECT— CITY OF RANCHO CUCAMONGA October 11, 2006 Page 6 Hazards and Hazardous Materials 1) All hazardous chemicals used during construction shall be disposed of in accordance with applicable federal, state, and local requirements. 2) Prior to conducting further site-specific contaminant source scoping and work efforts, the following additional information shall be developed: a) Final determination of which sites, if any, would be fully or partially acquired. b) Determination of specific construction activities planned on or near potential contaminant sources, including any utility work. c) Development of site-specific hydrogeologic information, including geology and groundwater depth and direction. d) More in-depth review of agency records and interviews with regulators and property owners/occupants of potential contaminant sources identified as a potential impact to the project, if feasible. 3) Mitigation measures that shall be applied once the above information has been developed are identified below. a) A CERCLA "due diligence' Phase I Environmental Site Assessment (ESA) shall be conducted for each acquisition property where the potential for hazardous materials/waste issues exists based on the results of the previously described tasks (see Mitigation Measure 16). The ESA shall be prepared per ASTM Standard Practice for Environmental Site Assessments (E-1527-00) in order to fully evaluate potential environmental liabilities associated with property acquisitions. Based on the results of the Phase I ESA, the need for further Phase II site investigations can be determined. b) Systematic groundwater sampling shall be conducted within areas where groundwater could be encountered during construction. Such sampling can be performed in conjunction with other Phase II efforts. c) Soil samples shall be collected, tested, and analyzed for aerially deposited lead contamination prior to construction. If contaminated soil is identified then it shall be properly disposed of prior to construction. 4) Procedures developed during the ESA and supplemental environmental documentation, if necessary, shall be implemented by the contractor during construction. These may include the implementation of a site-specific health and safety plan, site-specific PLANNING COMMISSION RESOLUTION NO. 06-90 FOOTHILL BOULEVARD WIDENING PROJECT— CITY OF RANCHO CUCAMONGA October 11, 2006 Page 7 contaminant management plans, removal of storage tanks, and a general construction contingency plan. Additional mitigation measures to be carried out are: a) Evaluate all structures that would be demolished as part of construction for the presence of asbestos-containing material and lead-based paint prior to demolition. Remediation, in accordance with the recommendations of these evaluations,shall be implemented. Demolition of structures containing asbestos shall conform with SCAQMD's Rule 1403. b) Test and properly dispose of or remediate traffic stripe and pavement marking material over three years old if it contains more than 0.5 percent lead by dry weight. Testing and removal requirements for yellow striping shall follow Construction Program Procedure Bulletin 99-2 (CPB 99-2). c) If excavation reveals unknown potentially hazardous wastes or underground tanks, work shall be stopped immediately or redirected until the area in question is investigated and mitigation proposed. If, at any time in the design and construction phases, prescribed mitigation is not carried out, additional environmental documentation pursuant to CEQA must be completed to disclose unmitigated impacts. 5) Develop and implement a construction staging plan following design to minimize impacts related to construction, detours, and closures. Hydrology and Water Quality 1) Best Management Practices (BMPs) shall be implemented during construction in accordance with the National Pollutant Discharge Elimination System (NPDES) Plan Storm Water Pollution Prevention Plan (SWPPP) that shall be developed by the contractor that includes provisions for the implementation of the BMPs and erosion-control measures. The following BMPs shall be included in the NPDES Plan for the proposed project, along with any others identified by the Regional Water Quality Control Board (RWQCB). a) Limiting construction and all project activities to a well-defined alignment. b) Avoiding water resources. c) Refueling equipment at least 30 meters (100 feet)from washes. d) Prohibiting runoff from construction activities to enter washes. PLANNING COMMISSION RESOLUTION NO. 06-90 FOOTHILL BOULEVARD WIDENING PROJECT — CITY OF RANCHO CUCAMONGA October 11, 2006 Page 8 e) Using measures such as straw bales and silt fencing to control erosion. f) Cap all pipes overnight that are less than 30 centimeters (12 inches) in diameter. g) Prohibit pets on the construction site. h) Keep the site clean and remove trash daily. 2) All reasonable measures to capture and detain unwanted discharge shall be addressed to acceptable standards, as identified in the SWPPP. Erosion-control measures shall be implemented as identified in the Erosion Control Plan that shall be prepared bythe contractor and approved by the City Engineer prior to construction. 3) Drainage improvements along the project route shall be designed so that they do not impede or redirect 100-year flood flows, and do not raise the existing Federal Emergency Management Agency (FEMA) adopted 100-year base flood elevation by 0.3 meter (1 foot) or more. Noise 1) Construction noise levels and hours of construction activity shall only be permitted as specified in Section 17.02.120 of the City of Rancho Cucamonga Municipal Code. In addition, all equipment shall have sound-control devices no less effective than those provided on the original equipment and no equipment shall have an unmuffled exhaust. As directed by the City of Rancho Cucamonga, the contractor shall implement appropriate additional noise mitigation measures, if deemed necessary by the City, which may include, but would not be limited to, changing the location of stationary construction equipment,shutting off idling equipment, rescheduling construction activity, notifying adjacent residents in advance of construction work, or installing acoustic barriers around stationary construction noise sources. Population and Housing 1) Property acquisition or relocations shall be carried out pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Federal Public Law 91-646), revised 1987. Public Services 1) See Mitigation Measure 5 Hazards and Hazardous Materials. Transportation/Traffic 1) See Mitigation Measure 5 Hazards and Hazardous Materials. PLANNING COMMISSION RESOLUTION NO. 06-90 FOOTHILL BOULEVARD WIDENING PROJECT — CITY OF RANCHO CUCAMONGA October 11, 2006 Page 9 Utility and Service Systems 1) See Mitigation Measures 1 Geology and Soils and 1 Hydrology and Water Quality. 2) See Mitigation Measure 1 Hazards and Hazardous Materials. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 11TH DAY OF OCTOBER 2006. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: a✓�� Pam Ste 'a , Chairman ATTEST: � g Jan6bs R. Troyer, AICP, (Secretary I, James R. Troyer,AICP, 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 11th day of October, 2006, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McPHAIL, MUNOZ, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS