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HomeMy WebLinkAbout2011/05/25 - Agenda PacketI • • /��� THE CITY OF RANCHO CUCAMONGA h ' HISTORIC PRESERVATION COMMISSION 01-4. AGENDA � NDA RANCHO CUCAMONGA MAY 25, 2011 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER I Pledge of Allegiance Roll Call Chairman Munoz_ Vice Chairman Howdyshell _ • Fletcher_ Wimberly_ Oaxaca _ H. ANNOUNCEMENTS III. APPROVAL OF MINUTES April 27, 2011 Regular Meeting Minutes IV. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. ENVIRONMENTAL ASSESSMENT AND MUNICIPAL CODE AMENDMENT DRC2008-00158 - CITY OF RANCHO CUCAMONGA -A proposed amendment to the Historic Preservation Ordinance deleting Chapter 2.24, Title 2 of the City of Rancho Cucamonga Municipal Code and replacing it in its entirety. Staff has prepared a Negative Declaration of environmental impact for consideration. This item will be forwarded to • the City Council for final action. (7 HISTORIC PRESERVATION COMMISSION • AGENDA RANCHO May 25, 2011 CUCAMONGA Page 2 V. PUBLIC COMMENTS This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. VI. COMMISSION BUSINESS/COMMENTS VII. ADJOURNMENT I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 19, 2011, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamon•a. • • i Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, • please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. r Vicinity Map • Historic Preservation Commission Meeting May 25 , 2011 ------- - - - _ I } l�Sr ,i y, y E , of c L. j 1 -E a c € A 2 d I a i C U , C Y O. 1 cy i it N I 1.0.111111 — �f o I 1 �1 .j� 19th St"7.' ' — 1 Base Line pl k arse Line r Church �1• 1 Church NI I oothill � �� Foothill i R � : i Arrow . Arrow I 1 e1 c Jersey ! r m . 1 E 8th , m> i' 3 A! w Wi t9 6th` o -16th N IBIP • * Meeting Location: Item A is Citywide City Hall 10500 Civic Center Drive • STAFF REPORT . ,�_ • PLANNING DEPARTMENT RANCHO Date: May 25, 2011 CUCAMONGA To: Chairman and Members of the Historic Preservation Commission From: James R. Troyer, AICP, Planning Director By: Mayuko Nakajima, Assistant Planner Subject: ENVIRONMENTAL ASSESSMENT-AND MUNICIPAL CODE AMENDMENT DRC2008- 00158 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Historic Preservation Ordinance deleting Chapter 2.24, Title 2 of the City of Rancho Cucamonga Municipal Code and replacing it in it's entirety. Staff• has prepared a Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. BACKGROUND: The Historic Preservation Ordinance was adopted by the City Council on April 4, 1979. There have been 6 minor amendments to the Ordinance since the initial approval. The Ordinance was last amended on May 26, 1993, to allow the City Council to designate the Planning Commission as the Historic Preservation Commission. The current Ordinance is out-of- ' -date and does not reflect the current standards and, practices set by the State and Federal government. On April 25, 2007, the Historic Preservation Commission approved a request to initiate a Municipal Code Amendment. • ANALYSIS: The Planning Department determined that drafting a new Historic Preservation • Ordinance was necessary in order to meet the preservation goals and objectives of the City of Rancho Cucamonga and State and Federal standards. The Ordinance has been drafted to be consistent with the goals and policies of the General Plan, adopted in May 2010. • Early in the process, staff formed a stakeholders group in order to solicit community input on the new Ordinance. The stakeholder group consists of 2 City Council members (Williams and Spagnolo/Buquet), 2 Historic Preservation Commissioners (Wimberly and Munoz), 2 historic society • members from the Etiwanda Historical Society and the Historical Preservation Association of • Rancho Cucamonga, and 2 historic property owners. A total of 4 stakeholder meetings were held: June 24, 2008; October 7, 2008; December 1, 2010; and April 6, 2011. At the October 7, 2008 meeting, the General Plan historic preservation consultant, Chattel Architecture, presented the goals of the General Plan and the Historic Context Statement to the group. At the April 6, 2011 meeting, Cucamonga Valley Water District (CVWD) staff and board members attended to discuss how the new Ordinance would affect properties and water concerns. The following is an outline of the major sections that have been amended or added to Chapter 2.24: 1. Amended the "Purpose" section. 2. Added a "Definitions" section. 3. Amended the number of Commission members from 7 to 5 to reflect the current number of members. • 4. Added a thorough description of "Power and Duties" section. Item A • HISTORIC PRESERVATION ORDINANCE DRC2008-00158 CITY OF RANCHO CUCAMONGA MAY 25, 2011 Page 2 • 5. Added an automatic designation for California and National Register sites. 6. Amended the designation review criteria and replaced with the California and National Register criteria. Properties must have "integrity," which is a property's ability to convey it's significance with respect to its location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. 7. Added language for historic districts and conservation districts/Neighborhood Character Areas (NCA). Although there are currently no historic districts identified for designation, designation criteria is included in the Ordinance for the future possibility of historic districts. The General Plan identified 8 NCA's that did not possess adequate integrity for designation as a historic district. However, NCA's still warrant special considerations in local planning, such as in design review. 8. Added procedures for landmark designation applications without owner consent. A property must meet special circumstances if it is proposed for designation over the owner's wishes. 9. Amended the designation review procedures to ensure a streamlined process. A timeline ensures that a complete application is acted upon after the Commission's recommendation. 10. Added a "Duty to Maintain" section for historic properties to prevent demolition by neglect. "Demolition by Neglect" is the term used to describe .a situation in which a property owner intentionally allows a historic property to suffer severe deterioration, potentially beyond the point of repair. Property owners may have used this kind of long-term neglect in the past to circumvent historic preservation regulations. • 11. Added a "Certificate of Appropriateness" requirement that will be required of any alteration, restoration, rehabilitation, construction, removal, relocation, or demolition of any Historic Landmark or Contributing Resource. This can be exempt from Commission review if it meets the Secretary of the Interior's Standards. The update includes findings of facts for all Certificates of Appropriateness. 12. Added a "Certificate of Economic Hardship" section where denial of a Certificate of Appropriateness would create art undue hardship upon the owner. 13. Added mitigation measures when mitigating the loss of a historic resource. 14. Added demolition procedures for all historic resources, designated or not. This enables CEQA review. 15. Amended the "Unsafe or Dangerous Condition" section.• The Commission may advise the Building & Safety Official of the historic significance of a building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation, relocation, or salvage of the resource. 16. Added a "Historic Preservation Fund" section. All funds deposited into this fund shall be used solely for the conservation, preservation, restoration, or rehabilitation of historic resources. 17. Included additional preservation incentives: Nonconforming Parking requirement, Fee Relief and Waivers for Planning and Building plan check fees, and Alternative Conditional Use Permit process. • A-2 HISTORIC PRESERVATION ORDINANCE DRC2008-00158 CITY OF RANCHO CUCAMONGA • MAY 25, 2011 Page 3 18. Expanded the violation section to add abatement procedures for violation of Chapter 2.24. The City attorney looked into more stringent "Violations and Penalty" regulations and gave a PowerPoint presentation to the Historic Preservation Commission on January 12, 2011. Although surrounding cities may have more strict penalties in their ordinance, our attorney could not find sufficient case law to support these penalties. The new Ordinance will establish a "Duty to Maintain" section, so "demolition by neglect" can be avoided before it happens. 19. Revised the "Appeal" section for consistency with the Municipal Code. ENVIRONMENTAL ASSESSMENT: The Planning Department has prepared an Initial Study pursuant to the California Environmental Quality Act (CEQA). As indicated on the attached Initial Study, there is no substantial evidence that the project would have a significant affect on the environment; thus, a Negative Declaration has been prepared and was circulated to specific agencies and interested parties as well as a public hearing notice. CORRESPONDENCE: Because this item is a proposed amendment to the Municipal Code and is of citywide importance, this item was advertised as a public hearing with a large, 1/8 page advertisement in the Inland Valley Daily Bulletin newspaper. Additionally, notices were mailed to all of the historic landmark property owners. RECOMMENDATION: Staff recommends that the Historic Preservation Commission adopt the attached Resolution recommending approval of Historic Preservation Ordinance Amendment • DRC2008-00158 and the proposed Negative Declaration of environmental impacts to the City Council for final action. Respectfully submittedS't�. Ja s R. Troyer, AICP Pla ning Director JRT:MN\Is Attachments: Exhibit A - Initial Study Parts I and II Draft Historic Preservation Commission Resolution Recommending Approval of Municipal Code Amendment DRC2008-00158 Draft City Council Ordinance with Attachment A — Chapter 2.24 Historic Preservation Ordinance • • A-3 ENVIRONMENTAL • INFORMATION FORM 4r,4 � l uu" �eriri—`�Tfij (Part I - Initial Study) City of Rancho Cucamonga (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) Planning Department (909)477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. Upon review of the completed Initial Study Part I and the development application, additional information such as, but not limited to, traffic, noise, biological, drainage, and geological reports may be required. The project application will not be deemed complete unless the identified special studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for Committees' review unless all required reports are submitted and deemed complete for staff to prepare the Initial Study Part II as required by CEQA. In addition to the filing fee, the applicant will be responsible to pay or reimburse the City, its agents, officers, and/or consultants for all costs for the preparation, review, analysis, recommendations, mitigations, etc., of any special studies or reports. GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing information. Application Number for the project to which this form pertains: DRC2008-00 1 5 8 ENVIRONMENTAL ASSESSMENT AND MUNICIPAL CODE AMENDMENT Project Title: DRC2008-00158 - CITY OF RANCHO CUCAMONGA Name &Address of project owner(s): CITY OF RANCHO CUCAMONGA 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 Name &Address of developer or project sponsor. Same • EXHIBIT A A-4 Page 1 of 10 Contact Person &Address: Mayuko Nakajima, Assistant Planner 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CA 91730 • Name &Address of person preparing this form(if different from above): Telephone Number: 909-477-2750 PROJECT INFORMATION& DESCRIPTION: Information indicated by an asterisk()is not required of non-construction CUP's unless otherwise requested by staff *1) Provide a full scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views into and from the site from the primary access points that serve the site;and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): Citywide • • 4) Assessor's Parcel Numbers(attach additional sheet if necessary): Citywide *5) Gross Site Area (ac/sq. ft.): approximately 50 square miles `6) Net Site Area(total site size minus area of public streets&proposed dedications): 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): None I:\PLANNING\Mayuko\Initial Study Partl.doc A-5 Page 2 of 10 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: • N/A 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site(including age and condition)and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information(i.e.,geological and/or hydrologic studies,biotic and archeological surveys, traffic studies): S Rancho Cucamonga is located in the Inland Empire of California in San Bernardino County. It is located 37 miles east of downtown Los Angeles. Direct freeway access to the City may be taken from Route 210 and 1-15 Freeway. Unincorporated areas of the County of San Bernardino and the City of Fontana are located east of Rancho Cucamonga. Upland is located west of the City. Ontario is adjacent to the south and southwest portions of the City. The unincorporated area of the County of San Bernardino is located to the north of the City. The City of Rancho Cucamonga encompasses a total planning area of approximately 50 square miles. Thirty-eight square miles constitute the incorporated area, augmented by a 12 square mile Sphere-of-Influence that generally extends from our City's northern border up to the San Bernardino National Forest. The predominant City pattern for commercial activity is characterized by the commercial corridor along Foothill Boulevard, accented by the planned clusters of commercial and service businesses at many of the intersections. The northerly two-thirds of the City is predominately residential, while the southerly one-third is largely industrial. Commercial centers are mostly located along the main east/west spine of the City, Foothill Boulevard. The northerly edge of our Sphere-of-Influence is dominated primarily by open spaces of various types—a transition from the --San-Bernardino National-Forest.and Mountains that frame.this-part of.the West Valley area of the.. • San Bernardino County. I:\PLANNING\Mayuko\Initial Study Partl.doc A-6 Page 3 of 10 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books,published reports and oral history): The Rancho Cucamonga area is known to have been inhabited by Native Americans according to • the General Plan FPEIR (Section 4.6). The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of-Influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per the Public Safety Element of the General Plan 11) Describe any noise sources and their levels that now affect the site(aircraft,roadway noise,etc.)and how they will affect • proposed uses: The,city is in.an area that has already been disturbed by development. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of • development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s)if necessary: The project is a proposed Municipal Code amendment to amend the historic preservation ordinance and does not involve a site specific project at this time. • • • 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic • aspects. Indicate the type of land use(residential,commercial,etc.),intensity of land use(one-family, apartment houses, shops, department stores, etc.) and scale of development(height, frontage, setback, rear yard, etc.): I:\PLANNING\MayukoUnitial Study Partl.doc A-7 Page 4 of 10 • Surrounding areas is the City of Fontana to the east, the City of Ontario to the south, the City of Upland to the west, and the Sphere of Influence to the north. •14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? The project is a proposed Municipal Code amendment to amend the historic preservation ordinance and does not involve a site specific project at this time. 15) Indicate the type of short-term and long-term noise to be generated,including source and amount. How will these noise levels affect adjacent properties and on-site uses? What methods of soundproofing are proposed? The project is a proposed Municipal Code amendment to amend the historic preservation ordinance and does not involve a site specific project at this time. *16) Indicate proposed removals and/or replacements of mature or scenic trees: The project is a proposed Municipal Code amendment to amend the historic preservation ordinance and does not involve a site specific project at this time. • 17) Indicate any bodies of water(including domestic water supplies) into which the site drains: N/A • • 16) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at 987-2591. a. Residential(gal/day) Peak use (gal/Day) b. Commercial/Ind. (gal/day/ac) Peak use (gal/min/ac) 19) Indicate proposed method of sewage disposal. ❑ Septic Tank ❑ Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification,please contact the Cucamonga Valley Water District at 987-2591. • • a. •Residential(gal/dayf - --- b. Commercial/Industrial(gal/day/ac) I:\PLANNING\Mayuko\Initial Study Partl.doc A-8 Page 5 of 10 RESIDENTIAL PROJECTS: 20) Number of residential units: Detached(indicate range of parcel sizes, minimum lot size and maximum lot size: • Attached(indicate whether units are rental or for sale units): • 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(per month) $ to $ 22) Specify number of bedrooms by unit type: • • • 23) Indicate anticipated household size by unit type: 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: b. Junior High: c. Senior High COMMERCIAL. INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and major function(s) of commercial, industrial or institutional uses: • 26) Total floor area of commercial, industrial, or institutional uses by type: I:\PLANNING\Mayuko\Initial Study Partl.doc A-9 Page 6 of 10 •27) Indicate hours of operation: • 28) Number of employees: Total: Maximum Shift: • Time of Maximum Shift: 29) Provide breakdown of anticipated job classifications.including wage and salary ranges,as well as an indication of the rate of hire for each classification (attach additional sheet if necessary): 30) Estimation of the number of workers to be hired that currently reside in the City: •31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at(818) 572-6283): • • • ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been.contacted to determine their ability to provide adequate service to the proposed project? If so, please indicate their response. The project is a proposed Municipal Code amendment to amend the historic preservation ordinance and does not involve a site specific project at this time. 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials? Examples-of hazardous and/or toxic materials include,but are not limited to PCB's;radioactive substances;pesticides and herbicides;fuels. oils, solvents, and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use.if known. The project is a proposed Municipal Code amendment to amend the historic preservation ordinance _ and_does not involve.a site specific project at this time. • I:\PLANNING\Mayuko\Initial Study Part1.doc A.1 O - Page 7 of 10 • l • 34) Will the proposed project involve the temporary or long-term use, storage, or discharge of hazardous and/or toxic materials, including but not limited to those examples listed above? If yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. • The project is a proposed Municipal Code amendment to amend the historic preservation ordinance and does not involve a site specific project at this time. 35) The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission/Planning Director hearing: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability,that the facts, statements,and information presented are true and correct tot he best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: /rte.X-/.7 Signature: Title: 4 ✓�'�r 4 v W�1,r • ■ • • • • • I:\PLANNING\Mayuko\Initial Study Partl.doc A-11 Page 6 of 10 ATTACHMENT "A" • CITY OF RANCHO CUCAMONGA ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single-Family 705 gallons per EDU per day Multi-Family 256 gallons per EDU per day Neighborhood Commercial 1000 gal/day/unit (tenant) General Commercial 4082 gal/day/unit (tenant) Office Professional 973 gal/day/unit (tenant) Institutional/Government 6412 gal/day/unit (tenant) Industrial Park 1750 gal/day/unit (tenant) Large General Industrial 2020 gal/day/unit (tenant) Heavy Industrial (distribution) 1863 gal/day/unit (tenant) Sewer Flows Ongle-Family 270 gallons per EDU per day ulti-Family 190 gallons per EDU per day General Commercial 1900 gal/day/acre Office Professional 1900 gal/day/acre Institutional/Government Industrial Park 3000 gal/day/acre Large General Industrial 2020 gal/day/acre Heavy Industrial (distribution) 1863 gal/day/acre Source: Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 • I:\PLANNING\Mayuko\Initial Study Partt.doc A t 2 Page 9 of 10 ATTACHMENT B Contact the school district for your area for amount and payment of school fees: • Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central • 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 • (909) 987-8942 Etiwanda 6061 East Avenue P.O. Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School • •Chaffey High School 211 West 5th Street • Ontario, CA 91762 (909) 988-8511 • • • • I:\PLANNING\Mayuko\Initial Study Part1.doc A-13 Page 10 of 10 • EAST AV , 'a ETIWANDA AV Z: � a _ x \z 5' a �\ 5 �� DAY CREEK RL � • �'- • , ¢ z Fi O I> . • • .Hr. " MIL LIKEN AV a „. „I• . • • „ . • • ., w Z HBRMOSA AV ARCHIILD AV r �"' _ w y AMEZI YST AV a 3 ' 5 . x „, n x O F m r HELLMAN AV U Fe, I C BE�YL ST r-. v, q F VIN 'ARD AV c rn W CARNEa,IAN ST `, -BAKER AV SAPPHIRE ST f' ORObE AV_ A-14 at-2ti , City of Rancho Cucamonga 111/ ir ENVIRONMENTAL CHECKLIST FORM � ' INITIAL STUDY PART II BACKGROUND 1. Project File: ENVIRONMENTAL ASSESSMENT AND MUNICIPAL CODE AMENDMENT DRC2008-00158 - CITY OF RANCHO CUCAMONGA 2. Related Files: N/A 3. Description of Project: ENVIRONMENTAL ASSESSMENT AND MUNICIPAL CODE AMENDMENT DRC2008-00158 - CITY OF RANCHO CUCAMONGA-A proposed Amendment to the Historic Preservation Ordinance deleting Chapter 2.24, Title 2 of the City of Rancho Cucamonga Municipal Code and replacing it in its entirety. Staff has prepared a negative declaration of environmental impact for consideration. This item will be forwarded to the City Council for final action. 4. Project Sponsor's Name and Address: City of Rancho Cucamonga James Troyer, AICP, Planning Director 10500 Civic Center Drive Rancho Cucamonga, CA 91730 • 5. General Plan Designation: Residential Very Low(<2 Dwelling Units [DUs]/Acre [AC]) Low (2-4 DUs/AC) Low-Medium (4-8 DUs/AC) ' Medium (8-14 DUs/AC) Medium-High (14-24 DUs/AC) High (24-30 DUs/AC) Commercial Office Neighborhood Commercial Community Commercial General Commercial Commercial Recreation Mixed Use Mixed Use ' Industrial Industrial Park General Industrial Heavy Industrial Open Space Hillside Residential • Conservation Open Space Flood Control / Utility Corridor A-15 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 2 Public Facilities • Civic/Regional Schools Park 6. Zoning: Residential - Estate Residential (1 DU/AC) Very Low (<2 DUs/AC) Low(2-4 DU's/AC) Low-Medium (4-8 DUs/AC) Medium (8-14 DUs/AC) Medium-High (14-24 DUs/AC) High (24-30 DUs/AC) Commercial/Office Office/Professional . Office Office Park Commercial/Office Community Facilities Village Commercial Community Service Neighborhood Commercial Community Commercial General Commercial Specialty Commercial • Freeway Related Commercial Recreational Commercial Regional Related Office/Commercial Regional Related Commercial Regional Center Mixed Use Financial • Hospital Mixed Use/Retail Mixed Use/Office Industrial Industrial Park Light Industrial General Industrial Minimum Impact Heavy Industrial • Heavy Industrial Open Space Hillside Residential Hillside Residential Estate Open Space Flood Control Fault Zone Utility Corridor Utility • Resource Conservation Area Rev. 11/20 •0" • A-16 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 3 • Public Facilities Schools • Parks Public 7. Surrounding Land Uses and Setting (Briefly describe the project's surroundings): Regional Description Rancho Cucamonga is located in the Inland Empire of California in San Bernardino County. It is located 37 miles east of downtown Los Angeles. Direct freeway access to the City may be taken from Route 210 and 1-15 Freeway. Unincorporated areas of the County of San Bernardino and the City of Fontana are located east of Rancho Cucamonga. Upland is located west of the City. Ontario is adjacent to the south and southwest portions of the City. The unincorporated area of the County of San Bernardino is located to the north of the City. The City of Rancho Cucamonga encompasses a total planning area of approximately 50 square miles. Thirty-eight square miles constitute the incorporated area, augmented by a 12 square mile Sphere-of-Influence that generally extends from our City's northern border up to the San Bernardino National Forest. The predominant City pattern for commercial activity is characterized by the commercial corridor along Foothill Boulevard, accented by the planned clusters of commercial and service businesses at many of the intersections. The northerly two-thirds of the City is predominately residential, while the southerly one-third is largely industrial. Commercial centers are mostly located along the main east/west spine of the 'City, Foothill Boulevard. The northerly edge of our Sphere-of-Influence is dominated primarily by open spaces of various types—a transition from the • San Bernardino National Forest and San Gabriel Mountains that frame this part of the West Valley area of San Bernardino County. Area Description Not applicable. The proposed project involves the amending of Chapter 2.24, Title 2 of the City of Rancho Cucamonga Municipal Code to establish detailed procedures and guidelines for historic resources. This project does not involve a site specific development. Site—Description Not applicable. The proposed project involves the amending of Chapter 2.24, Title 2 of the City of Rancho Cucamonga Municipal Code to establish detailed procedures and guidelines for historic resources. This project does not involve a site specific development. 8. Lead Agency Name and Address: City of Rancho Cucamonga • Planning Department 10500 Civic Center Drive • Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Mayuko Nakajima, Assistant Planner (909)477-2750 10., Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): N/A • Rev. 11/2010 A-17 • • Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 4 GLOSSARY–The following abbreviations are used in this report: • CVWD–Cucamonga Valley Water District EIR– Environmental Impact Report FEIR– Final Environmental Impact Report FPEIR - Final Program Environmental Impact Report NPDES– National Pollutant Discharge Elimination System NOx–Nitrogen Oxides ROG– Reactive Organic Gases PM10–Fine Particulate Matter RWQCB– Regional Water Quality Control Board SCAQMD– South Coast Air Quality Management District SWPPP–Storm Water Pollution Prevention Plan URBEMIS7G– Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" "Potentially Significant Impact Unless Mitigation Incorporated," or"Less Than-Significant-Impact" as indicated by the checklist on the following pages. ( )Aesthetics (V)Agricultural Resources (✓)Air Quality (✓) Biological Resources (✓) Cultural Resources ( ) Geology & Soils ( ) Hazards &Waste Materials ( ) Hydrology & Water Quality ( ) Land Use & Planning ( ) Mineral Resources ( ) Noise ( ) Population & Housing ( ) Public Services • ( ) Recreation ( ) Transportation/Traffic • ( ) Utilities& Service Systems ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (X ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. Prepared By: Or • 619-1—# Date: � �Z' r J Reviewed By: V \ tom – Date: Clan ( t • Rev. 11/2010 • A-18 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 5 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Sip Mitigation Significant No Impact Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ( ) ( ) ( ) (✓) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (1) not limited to, trees, rock outcroppings, and historic • buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) ( ) ( ) (1) quality of the site and its surroundings? • d) Create a new source of substantial light or glare, ( ) ( ) ( ) (✓) which would adversely affect day or nighttime views in the area? Comments: a) This project is for a citywide Municipal Code Amendment for the preservation of historic structures, and therefore has no impacts on scenic vistas. b) Individual projects will be reviewed on a case-by-case basis. There are no State Scenic Highways within the City of Rancho Cucamonga. 1111 c) The proposed Municipal Code Amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time. The visual quality of the City of Rancho Cucamonga will not degrade as a result of this Ordinance. The proposed amendments would apply to a limited list of identified historic resources or potential historic resources. Projects based on the proposed amendments would be evaluated individually to prevent the inappropriate alteration of a site and its surroundings and would aim to support and improve the historic character of the City's, planning area. The, amendments are not anticipated to either directly, or indirectly, result in any future, foreseeable development. Therefore, the proposed amendments would have no impacts on the visual character or quality of the site and surroundings. d) The Ordinance will not increase the number of streetlights and security lighting used in the . immediate vicinity. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique -Farmland, or ( ) ( ) (V) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (1) Williamson Act contract? c) Involve other changes in the existing environment, ( ) ( ) ( ) (✓) • which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Rev. 11/2010 • A-19 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 6 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Incorporated Significant Impact Incorporated Impact Impact Comments: a) There are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga according to General Plan Table RC-2. Concentrations of Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no - - Williamson Act contracts within the City. c) Please see 2.a above. 3. AIR QUALITY. Would the project: • a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (✓) applicable air quality plan? b) Violate any air quality standard or contribute ( ) ( ) (✓) ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of ( ) ( ) ( ) (1) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? • d) Expose sensitive receptors to substantial pollutant ( ) ( ) (1) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (✓) number of people? Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation does not involve a site specific project at this time; therefore, it will not create any air quality impacts. Additionally, as noted in the General Plan FPEIR (Section 4.3), the proposed project would not interfere with the region's ability to comply with Federal and State air quality standards for Criterion 1 Increase in the Frequency or Severity of Violations (local • air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the • 2003 AQMP). Therefore the project is consistent with the 2003 AQMP and is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Rev. 11/2010 A-20 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 7 • Less Than Significant Less Issues and Supporting Information Sources: Potentiany with Than Significant Mitigation Significant No Impact Incorporated Impact Impact • b) The proposed Municipal Code ato amend the Historic Preservation Ordinance does not involve a site specific project at this time and individual projects will be reviewed on a case-by-case basis in conformance with the Historic Preservation Ordinance and the California Environmental Quality Act (CEQA). Therefore, the impacts will be less than significant. c) As noted in the General Plan FOR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air • contaminants identified in SCAQMD Rule 1401. The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and individual projects will be reviewed on a case-by-case basis in conformance with the Historic Preservation Ordinance and the California Environmental Quality Act(CEQA). Therefore, the impacts will be less than significant. e) Construction Odors (Short-term) may include odors associated with equipment use including diesel exhaust or roofing, painting and paving. These..odors are temporary and would=dissipate rapidly. Operation Odors (Long-term) are typically associated with the type of use. Odors from residential uses would be like cooking and gardening. Similarly common odors associated with mixed-use and commercial land uses would be expected (i.e. restaurants). Local odors from the majority of land uses would be similar to other urban areas and would not be considered significant. Industrial uses could create objectionable odors and therefore are located away from residential uses and sensitive receptors. Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) ( ) (✓) ( ) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (✓) • or other sensitive natural community identified in local or regional plans, policies, or regulations or by the • California Department of Fish and Game or US Fish and Wildlife Service? - Rev. 11/2010 A-21 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 8 Lass Than • Significant Less Issues and Supporting Information Sources: Potentially wth Than PP 9 SiImpactnt Mitigation Significant Impact Incorporated Impact Impact c) Have a substantial adverse effect on federally ( ) • ( ) ( ) (✓) protected wetlands as defined by Section 404 of the • • Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) ( ) ( ) (✓) resident or migratory fish or wildlife species Or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) (✓) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (V) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and individual projects will be reviewed • on a case-by-case basis in conformance with the Historic Preservation Ordinance and CEQA. Therefore, the impacts will be less than significant. If it is found that a project indirectly resulting from this ordinance occurs in areas designed for sensitive biological resources; care will be taken to coordinate all new projects with California Department of Fish and Game and the U.S. Fish and Wildlife Service to avoid impacts to the species or to develop mitigation measures. b) Please see Section 4.a above. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and individual projects will be reviewed on a case-by-case basis in conformance with the Historic Preservation Ordinance and CEQA. Therefore, it will not create any potential impacts to wetland habitat. Any new site specific projects would be required to undergo a separate environmental review. d) Please see Section 4.a above. e) Any future project that occurs indirectly as a result of this project would be analyzed for impacts to heritage trees. All new projects would be required to comply with the Tree Preservation Ordinance in Chapter 19.08. Please see Section 4.a above. • Rev. 11/2010 A-22 Initial Study for • City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 9• • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ( ) ( ) (✓) ( ) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ( ) ( ) ( ) (1) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) ( ) (✓) outside of formal cemeteries? Comments: a) This project is for a citywide Municipal Code amendment to amend the Historic Preservation Ordinance for the preservation of historic structures identified as part of the "Inventory of Historic Resources." Any future project that might indirectly result from this ordinance would be analyzed for impacts at the time a site specific project is received by the City. If a project site is identified as a "Historic Resource," a cultural study may be required as well as mitigation. • b) The Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). This project is for a citywide Municipal Code amendment for the preservation of historic structures, and therefore has no impacts. Any future project would undergo CEQA review where an analysis of archaeological resources would be conducted. • c) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of • Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of-Influence, however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the • Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The proposed Historic Preservation Ordinance does not involve a site specific project at this time; therefore, it will not create any potential impacts to palentological resources. Any future project would be evaluated on a case-by- case basis in conformance with CEQA, where an analysis of palentological resources would be conducted. d) The proposed Historic Preservation Ordinance does not involve a site specific project at this time; therefore the proposed Historic Preservation-Ordinance will not create any impact to human remains. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public • Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. Rev. 11/2010 A-23 . Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 10 Less Than • Significant Less Issues and Supporting Information Sources: Potentially Mitigation Significant No Impact Incorporated Impact Impact 6. GEOLOGY AND SOILS. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the - State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ( ) ( ) ( ) (✓) iii) Seismic-related ground failure, including ( ) ( ) ( ) (✓) liquefaction? iv) Landslides? ( ) ( ) ( ) (V) b) Result in substantial soil erosion or the loss of topsoil? ( ) ( ) ( ) (1) c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (✓) or that would become unstable as a result of the project, and potentially result in on- or off-site • landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. • b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit 4.7-4 of the General Plan FPEIR. However, the proposed Historic Preservation Ordinance does not involve a site specific project at this time. For new projects, a separate environmental review will be conducted and mitigation measures implemented if needed. c) The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside areas at the northern end of the City and in the SOI for slope failure, landslides, and/or • erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The City Hillside Development Regulations prohibits the development within slopes of 30 percent or greater Rev. 11/2010 - A-24 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 11 • Less Than Significant Less Peal titi Than and Supporting Information Sources: Significant Mitigation Significant Imp act Incorporated Imp act Impact and limits the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The proposed Historic Preservation Ordinance does not involve a site specific project at this time. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga is located on alluvial soil deposits. These types of soils are not considered to be expansive. The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. e) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, it will not create any impacts • to wastewater disposal systems. 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (1) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset • and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (1) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of ( ) ( ) ( ) (✓) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ( ) ( ) O -- (✓) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project result in a safety hazard for people • residing or working in the project area? g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (V) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ( ) ( ) ( ) (/) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or • where residences are intermixed with wildlands? Rev. 11/2010 1 A-25 • Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 12 Less Than • Significant Less Issues and Supporting Information Sources: Potentially Wih Than Significant Mitigation Significant No Impact Incorporated Impact Impact Comments: a) Development within the City may utilize or generate hazardous materials or wastes. This is usually associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents, fertilizers, and motor oil. Additionally, through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials would be stored and used at individual sites. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State; and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. However, the proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore the project will not involve the transport, use, or disposal of hazardous materials. b) Please see 7.a above. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are • anticipated. Please see 7.a above. d) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. e) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. • f)" There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west of the City's westerly limits. The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no impact is anticipated. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. The City's Emergency Operation Plan, which is updated every three years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no impact on any emergency response or evacuation plan is expected. No impact is anticipated. h) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. • Rev. 11/2010 A-26 • Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 13 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant Mitigation Significant pa Impact incorporated Impact Impact • 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ( ) ( ) ( ) (✓) requirements? b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (✓) substantially with groundwater recharge such 'that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby. wells would • drop to a level which_would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, • which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (V) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) ( ) ( ) (V) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (1) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ( ) (V) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. b) According to CVWD, approximately 35 percent of the City's water is currently provided • from water supplies coming from the underlying Chino and Cucamonga Groundwater Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The proposed Municipal Rev. 11/201.0. A-27 • Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 14 Less Than • Significant Less Issues and Supporting Information Sources: patantial With Than Significann t t Incorporated Significant pa Impact Inmrporetatl Impel Impact Code amendment to amend the Historic Preservation Ordinance does not involve a site • specific project at this time; therefore, no adverse impacts are anticipated. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. d) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. e) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. f) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. g) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. No housing units are proposed with this project. • h) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. i) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. j) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. There are no oceans, lakes, or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed' to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) (..) (✓) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (V) regulation of an agency with jurisdiction over the • project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning • ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Rev. 11/2010 A-28 • • • Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 15 • Less Than Significant Less Issues and Supporting Information Sources: Potentially Mitigation Significant No . Impact Incorporated Impact Impact c) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (7) • or natural community conservation plan? Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. b) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, the proposed ordinance does not interfere with any policies for environmental protection, SCAG's Compass Blueprint, or SCAG's Regional Comprehensive Plan. As such, no impacts are anticipated. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (✓) • resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (7) mineral resource recovery site delineated on a local . general plan, specific plan or other land use plan? Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. • b) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) ( ) ( ) (✓) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (✓) ground borne vibration or ground borne noise levels? c) A "substantial permanent increase in ambient noise ( ) ( ) ( ) (✓) levels in the project vicinity above levels existing • without the project? d) A substantial temporary or periodic increase in ( ) ( ) ( ) (7) ambient noise levels in the project vicinity above levels existing without the project? Rev. 11/2010 A-29 • Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 16 Less Than • Significant Less Issues and Supporting Information Sources: Potentially With Than Signtficant Mitigation Significant No Impact Incorporated Impact Impact e) For a project located within an airport land use plan or, ( ) ( ) ( ) (V) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. - b) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. The primary source of ambient noise levels in Rancho Cucamonga is traffic. • The proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. d) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. e) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore,-no adverse impacts are anticipated. f) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are • anticipated. The nearest private airstrip, Cable Airport, is located approximately 21/2 miles to the west of the City's westerly limits. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either ( ) ( ) ( ) (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (✓) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (✓) • the construction of replacement housing elsewhere? Rev. 11/2010 A-30 • Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 17 • Less Than Significant Less Issues and Supporting Information Sources: Pot8n0a1ly `"th Than Significant Mitigation Significant No Impact Incorporated Impact Impact Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. b) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: • a) Fire protection? ( ) ( ) ( ) (✓) b) Police protection? ( ) ( ) ( ) (/) c) Schools? O O O (✓) d) Parks? ( ) ( ) ( ) (✓) e) Other public facilities? ( ) ( ) ( ) (1) Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on fire protection service levels. No impacts are anticipated. b) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on police protection service levels. No impacts are anticipated. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on school service levels. No impacts are anticipated. d) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on park services. No impacts are anticipated. • e) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on other public services levels. No impacts are anticipated. Rev. 11/2010 A-31 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 18 • Less Than • Significant Less Potentially Nth Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (✓) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (V) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on regional parks or recreation facilities. No impacts are anticipated. b) See Section 14.a above. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in ( ) ( ) ( ) (V) relation to the existing traffic load and capacity of the • street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ( ) ( ) ( ) (✓) service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ( ) ( ) ( ) (✓) either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (✓) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (V) f) Result in inadequate parking capacity? ( ) ( ) ( ) (✓) g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (V) supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on traffic. • • No impacts are anticipated. . Rev. 11/2010 A32 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 19 • Less Than Significant Less Potentially wni Than Issues and Supporting Information Sources: Significant Mitigation Si No Impact Incorporated Impact Impact b) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on traffic. No impacts are anticipated. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on air traffic patterns. No impacts are anticipated. d) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should not increase hazards due to design features in the area. No impacts are anticipated. e) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on emergency access. No impacts are anticipated. f) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on parking capacity. No impacts are anticipated. g) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance • does not involve a site specific project at this time and should have no impact on features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). No impacts are anticipated. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (V) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (✓) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ( ) ( ) ( ) (✓) water drainage facilities or expansion of existing • facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (✓) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? • f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (✓) capacity to accommodate the projects solid waste disposal needs? Rev. 11/2010 A33 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 20 Less Than • Significant Less Issues and Supporting Information Sources: Parentally With Than Significant Mitigation Significant No Impact Incorporated Impact Impact g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (✓) regulations related to solid waste? Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. b) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time; therefore, no adverse impacts are anticipated. c) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on storm water drainage facilities. No impacts are anticipated. d), The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should not affect existing water supplies. No impacts are anticipated. • • e) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on storm water drainage facilities. No impacts are anticipated. • f) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance • does not involve a site specific project at this time and should have no impact on solid waste disposal. Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. No impacts are anticipated. g) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. • • • Rev. 11/2010 A-34 • Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 21 • • Less Than Significant Less Issues and Supporting Information Sources: Potentially Uga Then Significant c rporate Significant Impact Inmrporatetl Impact Imoad 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) ( ) (✓) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, • reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) (✓) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? • c) Does the project have environmental effects that will ( ) ( ) ( ) (✓) cause substantial adverse effects on human beings, • either directly or indirectly? • • Comments: • a) The proposed Municipal Code amendment to amend the Historic Preservation Ordinance does not involve a site specific project at this time and should have no impact on sensitive biological resources. For new projects, a separate environmental review will be conducted and mitigation measures implemented if needed. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) The proposed Historic Preservation Ordinance would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies all categories having no impact or less than significant impact. Any future project that • indirectly results from this ordinance would be subject to separate environmental consideration and review. Rev. 11/2010 A35 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 22 . EARLIER ANALYSES • Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PER or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Department offices, 10500 Civic Center Drive (check all that apply): (T) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) • • Rev. 11/2010 A-36 Initial Study for City of Rancho Cucamonga Historic Preservation Ordinance DRC2008-00158 Page 23 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Applicant's Signature: Date: Print Name and Title: • • • • • Rev. 11/2010 A-37 • ..,„,„ . :vial, • r City of Rancho Cucamonga S, NEGATIVE DECLARATION y, RR ; 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.: ENVIRONMENTAL ASSESSMENT AND MUNICIPAL CODE AMENDMENT DRC2008-00158 - CITY OF RANCHO CUCAMONGA . Public Review Period Closes: May 25, 2011 Project Name: Project Applicant: James R. Troyer, AICP Planning Director City of Rancho Cucamonga Project Description: ENVIRONMENTAL ASSESSMENT AND MUNICIPAL CODE AMENDMENT DRC2008-00158 - CITY OF RANCHO CUCAMONGA - A proposed amendment to the Historic Preservation Ordinance deleting Chapter 2.24, Title 2 of the City of Rancho Cucamonga Municipal Code and replacing it in its entirety. Staff has prepared a negative declaration of environmental impact for consideration, This item will be forwarded to the City Council for final action. • 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 indicates that there is no substantial evidence that the project may have a significant effect on the environment. If adopted, the Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is 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. May 25, 2011 . Date of Determination Adopted By • A-38 • RESOLUTION NO.11-04 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2008-00158, A REQUEST TO DELETE CHAPTER 2.24, TITLE 2 OF THE CITY OF RANCHO CUCAMONGA MUNICIPAL CODE AND REPLACE IT IN ITS ENTIRETY, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No. DRC2008-00158, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On April 25, 2007, the Historic Preservation Commission approved a request to initiate a Municipal Code Amendment. 3. On the 25th day of May 2011, the Historic Preservation 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 by the Historic Preservation 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 May 25, 2011, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. This amendment does not conflict with the Land Use Policies of the General Plan and is in conformance with the General Plan; and d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land Use and resource planning; and • e. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and 3. The Planning Department staff has prepared an Initial Study pursuant to the California A39 HISTORIC PRESERVATION RESOLUTION NO. 11-04 DRC2008-00158 - CITY OF RANCHO CUCAMONGA May 25, 2011 Page 2 • Environmental Quality Act(CEQA). As indicated in the Initial Study,there is no substantial evidence that the project would have a significant affect on the environment; thus, a Negative Declaration has been prepared and circulated to specific agencies and interested parties as well as a public hearing notice. The Historic Preservation Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above,this Commission hereby recommends approval of Municipal Code Amendment No. DRC2008-00158 through the adoption of the attached Draft City Council Ordinance. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 25TH DAY OF MAY 2011. HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman • ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer, AICP, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 25th day of May 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • A-40 ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO • CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2008-00158, A REQUEST TO DELETE CHAPTER 2.24, TITLE 2 OF THE CITY OF RANCHO CUCAMONGA MUNICIPAL CODE AND REPLACE IT IN ITS ENTIRETY, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No. DRC2008-00158, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 1. On April 25, 2007, the Historic Preservation Commission approved a request to initiate a Municipal Code Amendment. 2. On May 25, 2011, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced . amendment and, following the conclusion thereof, adopted its Resolution No. 11-04, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 3. On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. • 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on , 2011, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: • a. The application applies to property located within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. This amendment does not conflict with the Land Use Policies of the General Plan and is in conformance with the General Plan; and d. This amendment does promote the goals and objectives of the Development Code by implementing the policies of the General Plan, protecting the stability of land uses, and attaining the advantages resulting from comprehensive and orderly land use and resource • planning; and A-41 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 Page 2 • e. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and f. The Planning Department staff has prepared an Initial Study pursuant to the California Environmental Quality Act (CEQA). As indicated on the attached Initial Study, there is no substantial evidence that the project would have a significant affect on the environment; thus, a Negative Declaration has been prepared and circulated to specific agencies and interested parties as well as a public hearing notice. The Historic Preservation Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. SECTION 3: Chapter 2.24 (Historic Preservation) of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as shown on Attachment A. SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. • SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. • • A42 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA • , 2011 • Page 3 ATTACHMENT A Chapter 2.24 HISTORIC PRESERVATION 2.24.010 Purpose. It is found that the protection, enhancement, perpetuation, and use of districts, sites, and structures of historic, cultural, and architectural significance, located within the City of Rancho Cucamonga are of aesthetic and economic value to the City. It is further found that cultural and Historic Resources contribute to the City's character, atmosphere, and reputation, and that respecting the heritage of the City will enhance its economic, cultural, and aesthetic standing. Therefore, it is imperative that the City safeguards these irreplaceable resources for the welfare, enjoyment, and education of the present and future community. The purpose of this Chapter is to: A. Provide a mechanism to identify, designate, protect, preserve, enhance, and perpetuate those historic sites, structures, and objects that embody and reflect the City's aesthetic, cultural, architectural, and historic heritage; • • B. Foster civic pride in the beauty and accomplishments represented by the City's Historic Landmarks and distinctive neighborhoods and recognize these resources as economic assets; C. Encourage the protection, enhancement, appreciation, and use of structures of historical, cultural, architectural, community, or aesthetic value that have not been designated as historical resources but are deserving of recognition; D. Enhance the quality of life and promote future economic development within the City by stabilizing and improving the aesthetic and economic value of such districts, sites, structures, and objects; E. Encourage adaptive reuse of the City's Historic Resources by promoting public awareness of the value of rehabilitation, restoration, and maintenance of existing buildings as a means to conserve reusable material and energy resources; F. Integrate historic preservation within the City's comprehensive development plan; G. Promote and encourage historic preservation through continued private ownership and utilization of such sites, buildings, and other structures now so owned and used, to the extent that the objectives listed above can be attained under such policy. 2.24.020 Definitions. • • The following terms when used in this Chapter shall have the meaning set forth in this Section, unless a different meaning clearly appears from the context: A-43 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA • , 2011 Page 4 • "Alteration" means any act or process that modifies a Historic Landmark or Contributing Resource that either: (1) requires a building permit and changes one or more of the features of a landscape or structure including, without limitation, the erection, construction, reconstruction, or relocation of any structure or any part of a structure; or (2) significantly changes any feature of a landscape or exterior of a structure that relates to its status as a Historic Landmark or Contributing Resource, regardless of whether such act or process requires a building permit. "Commission" means the City of Rancho Cucamonga Historic Preservation Commission. "Conservation District" means an area of the City designated as a Conservation District pursuant to this Chapter. "Contributing Resource" means any site, sign, structure, building, landscape, object, area, place, or feature within a Conservation District that is either a separately designated Historic Landmark or designated as a resource that contributes to the district's historic, cultural, or architectural significance. "Council" means the City Council of the City of Rancho Cucamonga. "Demolition" means any act or process that destroys, in whole or in part, a building, structure, or site or permanently impairs its structural integrity. "Historic Landmark" means any structure any site, sign, structure, building, landscape, • object, area, place, or feature designated as a Historic Landmark pursuant to this Chapter. "Inventory of Historic Resources" means the inventory adopted by the Commission of potentially historic sites, structures, buildings, landscapes, areas, and places in the City. "Ordinary maintenance and repair" means any work for which a building permit is not required by law the purpose and effect of which is to correct any deterioration of or damage to an improvement or natural feature or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. "Planning Director" means the Planning Director of the City of Rancho Cucamonga or his or her designee. • "Point of Historic Interest" means a location designated as a Point of Historic Interest pursuant to this Chapter. "Register of Historic Resources" means the inventory adopted by the Commission of Historic Landmarks, Points of Historic Interest, and Conservation Districts designated pursuant to this Chapter. "Rehabilitation" means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural significance, "Restoration" means the act or process of accurately depicting the form, features, and • character of a property as it appeared at a particular period of time by means of the removal of A-44 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA • 2011 Page 5 features from other periods in its history and reconstruction of missing features from the restoration period, which may include the limited and sensitive upgrade of mechanical, electrical, and plumbing systems and other code-required work to make the property functional. "Secretary's Standards' means the Standards for the Treatment of Historic Properties adopted by the United States Secretary of the Interior, and all guidelines adopted for the implementation of the same. • "Small Business" means any office-type use that does not exceed 2,500 square feet, with no more than 5 employees. "State Historical Building Code" means California Health & Safety Code, Section 18950 et seq. and the California'Historical Building Code, codified at Part 8, Title 24 of the California Code of Regulations, as either of these may be amended from time to time. 2.24.030 Historic Preservation Commission. A. There is created the Historic Preservation Commission of the City of Rancho Cucamonga. B. Powers and Duties: The Commission shall have the following powers and duties • in addition to any other duties specified in this Chapter: 1. Administer the provisions of this Chapter. 2. Advise the Council in all matters pertaining to historic preservation. 3. Maintain a current register of designated Historic Resources for public use and information. 4. Maintain a current inventory of potentially Historic Resources for public use and information. 5. Recommend the designation of historical resources, as hereinafter provided by this Chapter. 6. Review and hold public hearings on applications for Certificates of Appropriateness, as hereinafter provided. • 7. Review and comment on the decisions and documents, including but not limited to environmental assessments, Environmental Impact Reports, and Environmental Impact Statements, prepared by other public agencies when such decisions or documents might affect designated or potential historical resources within the City. 8. Participate in, promote, and conduct public •informational, educational, and interpretive programs pertaining to historical resources. • A45 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 Page 6 • 9. Recommend and encourage the protection, enhancement, appreciation, and use of structures of historical, cultural, architectural, community or aesthetic value that have not been designated as historical resources but are deserving of recognition. 10. Consider requests by property owners for non-technical advice on proposed work on historical landmarks and Contributing Resources. 11. Perform any other functions that may be designated by resolution or action of the Council. C. Membership — Appointment and Terms. The Commission shall consist of 5 voting members who shall each be residents of the City and appointed by the Council. 1. Each member shall serve a term of 4 years, except that two (2) of the members first appointed shall be designated to serve a term of 2 years, and three (3) of the members for a term of four (4) years, so as to provide a continuity of membership on the Commission. Thereafter, the term for each voting member shall be 4 years. An appointment to fill an unexpired term shall be for the remainder of such unexpired term. Three members of the Commission shall constitute a quorum. 2. Commission members shall be appointed to terms commencing on the first day of January next succeeding each regular municipal election scheduled to occur in • November of even-number years. • D. Chairperson and Vice-Chairperson — Appointment and Term. The Mayor, with the approval of the Council, shall appoint the first chairperson from among the members of the Commission: The term of office of the chairperson shall be for the calendar year or that portion remaining after the chairperson is appointed or elected. Thereafter, when there is a vacancy in the office of the Chairperson, the Commission shall elect a Chairperson and Vice-Chairperson each year in the month of July from among its members. The same individual shall not hold the position of Chairman for more than three years in a row. E. Assignment of Duties by Council: 1. Notwithstanding any other provision of this Chapter, the Council may, by resolution, designate the Planning Commission as the Historic Preservation Commission and vest all functions, rights, powers, and duties of the Historic Preservation Commission in the Planning Commission. In the event the Council so designates the Planning Commission, the membership, terms of office and officers of the Historic Preservation Commission shall be the same as that set forth for the Planning Commission. 2. If, on the effective date of this Section, the Planning Commission is then acting as the Historic Preservation Commission pursuant to the Council's previous designation, such designation shall continue in effect and the Planning Commission shall continue to act as the Historic Preservation Commission subject to the requirements and terms of this Chapter. F. Secretary: The Planning Director shall act as Secretary to the Commission and • shall be custodian of its records, conduct official correspondence, and generally coordinate the clerical and technical work of the Commission in administering this Chapter. • A-46 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA 2011 • Page 7 2.24.040 Designation of Historic Landmarks, Points of Historic Interest, and Conservation Districts. A. Automatic Designation. Any property within the City that is listed in the National Register of Historic Places or the California Register of Historic Resources is automatically designated as a Landmark for purposes of this Chapter. B. Prior Designations. Any Historic Landmark or Point of Historic Interest previously designated as such by the City on or before the effective date of this Chapter shall continue to be a Historic Landmark or Point of Historic Interest as previously designated for purposes of this Chapter and shall be subject to all provisions herein. C. New Designations. The Council may designate any structure, property, or properties as a Historic Landmark, Point of Historic Interest, or Contributing Resource subject to the criteria and procedures set forth in this Chapter. D. Amendment or Rescission. The Council may amend or rescind the designation of any Historic Landmark, Point of Historic Interest, Historic District, or Conservation District for purposes of this Chapter, subject to the same procedures required for their designation, including without limitation hearing and recommendation of the Commission. • 2.24.050 Designation Criteria for Historic Landmarks. A. The Council may designate a property as a Historic Landmark if it meets the requirements of both paragraphs B and C of this Section. B. Historic Landmarks must meet at least one of the following criteria: 1. It is or was once associated with events that made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 2. It is or was once associated with persons important to local, California, or national history. 3. It embodies the distinctive characteristics of a type, period, or method of construction. 4. It represents the work of a master, possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. 5. It has yielded or has the potential to yield information important to the prehistory or history of the local area, California, or the nation. • C. Historic Landmarks must retain integrity from their period of significance with respect to its location, design, setting, materials, workmanship, feeling, association, or any combination of these factors. A proposed landmark need not retain all such original aspects, but must retain sufficient integrity to convey its historic, cultural, or architectural significance. A47 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 Page 8 • Neither the deferred maintenance of a proposed landmark nor its dilapidated condition shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property's eligibility. 2.24.060 Designation Criteria for Points of Historic Interest. A. The Council may designate a property as a Point of Historic Interest, if it meets the requirements applicable to Historic Landmarks under paragraph B of Section 2.24.050. Points of Historic Interest shall not be required to retain integrity from their periods of significance. B. Designated Points of Historic Interest shall not be subject to the same restrictions applicable to designated Historic Landmarks and Contributing Resources. C. Nothing in this Section shall be construed as limiting or foreclosing analysis of the impacts of a proposed project on a Point of Historic Interest under the California Environmental Quality Act. D. The Commission shall maintain a current register of Points of Historic Interest for public use and information. 2.24.070 Designation Criteria for Historic Districts and Conservation Districts. • A. The Council may designate a property or collection of properties as a Historic District if the proposed district meets the requirements of both paragraphs B and C of this paragraph Section. B. Historic Districts must meet at least one of the following criteria: 1. It has an identifiable, clear, and distinct boundary that possesses a significant concentration of structures sharing common historical, visual, aesthetical, cultural, archaeological, or architectural plan or physical development; or 2. It demonstrates character, interest, or value as part of the development, heritage, or cultural characteristics of the community, state, or country; or 3. It is the site of a significant local, state, or national event; or 4. It is associated with the lives of persons important to local, state, or national history; or 5. It is identifiable as the work of a master builder, designer, architect, artist, or landscape architect whose individual work has influenced the development of the community, county, state, or country. C. Historic Districts must retain integrity from their period of significance with respect • to its location, design, setting, materials, workmanship, feeling, and association. Not all properties or structures in a proposed district need to'retain all such original aspects, but a substantial number of such properties and structures must retain sufficient integrity to convey A48 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA • 2011 Page 9 the historic, cultural, or architectural significance of the district. Neither deferred maintenance within a proposed district nor the dilapidated condition of its constituent buildings and landscapes shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the district's eligibility. D. Conservation Districts: The Council may designate a property or collection of properties that do not qualify as a Historic District as a Conservation District if the proposed district has either: 1. A distinctive, cohesive, and identifiable setting, character, or association that make it unique and an integral part of the City's identity; or 2. A recognized neighborhood identity and a definable physical character and either high artistic value or a relationship to urban centers or Historic Districts that makes conservation of the proposed Conservation District essential to the City's history or function. 2.24.080 Owner Consent. Owner consent is not required for a structure or property to be designated as a Point of Historic Interest, Historic Landmark, or a Contributing Resource. However, a structure or property cannot be designated as either a Historic Landmark or a Contributing Resource over • the owner's objection unless the Council makes all of the'following findings: A. The structure or property is on the City's historical inventory; B. The structure or property possesses exceptional architectural, historical, aesthetic, or cultural qualities; C. Designation will preserve or protect the exceptional qualities of the structure or property. 2.24.090 Designation Procedures — Historic Landmarks and Points of Historic Interest. A. Application. The City Council, Historic Preservation Commission, Planning Director, or the owners of the subject property or their authorized agents may apply for a Historic Landmark or Point of Historic Interest designation. A third party who believes that a property or structure should be designated may submit a written request for the Commission to initiate an application. In the event the Council or Commission initiates the application, the Planning Director shall complete the required application. All applications shall be made on a form prescribed by the Planning Director and shall include the following data: 1. The assessor's parcel number and legal description of site; 2. A description of the Historic Landmark or Point of Historic Interest; • including its current condition and its special aesthetic, cultural, architectural, or engineering interest, or value of a historic nature; • 3. Sketches, drawings, photographs, or other descriptive material; A 49 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 Page 10 • 4. The signature of the property owner or the authorized agents. (See also Section C: Owner Consent); 5. Such other information as requested by the Planning Director. • B. Except as necessary to correct an unsafe or dangerous condition pursuant to Section 2.24.190, it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a Certificate of Appropriateness on a proposed Historic Landmark for-which an application has been filed until the Council has taken final action denying the application. C. Survey. Within 45 days of when a designation application is deemed complete, the Planning Director shall conduct a survey to document all potentially historic features of the subject property and prepare a report to the Commission. D. Commission Review and Recommendation. The Commission shall conduct a public hearing on the application. After the close of the public hearing, the Commission shall adopt a resolution recommending to the Council the approval, conditional approval, or denial of the application. E. Council Determination, After receiving the Commission's recommendation, the Council shall conduct a public hearing on the application; excepting that an application for the designation of a Point of Historic Interest may be approved via the consent calendar without • public hearing. The Council shall adopt a resolution approving, conditionally approving, or denying the application. If the•Council has not taken action on the application within 180 days of the Commission's recommendation, then the application shall be deemed denied. F. The Planning Director shall forward a copy of the resolution approving the designation of a Historic Landmark or Point of Historic Interest to any department or agency that the Planning Director deems appropriate. G. Upon designation by the Council, the Planning Director shall record the location, characteristics, and significance of the Historic Landmark or Point of Historic Interest on a California Department of Parks and Recreation Historic Resources Inventory Form 523, and include therewith a description of the particular features that are to be preserved and the legal description of the Historic Resource. H. A designated Historic Landmark or Point of Historic Interest may be identified by an approved City marker, but such a marker is not required. 2.24.100 Designation Procedures — Historic Districts and Conservation Districts. A. • Procedures for the application and designation of Historic Districts and Conservation Districts shall be the same as those applicable to Historic Landmarks and Points of Historic Interest except as modified by this section. B. Applications: In addition to all other information and materials required by • Section 2.27.090(A), all applications for designation of Historic Districts and Conservation Districts shall include the following: A-50 • ' CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA • 2011 Page 11 1. A petition in support of the application that is signed by at least 51 percent of the owners of the properties within the proposed district. For purposes of the petition requirement, only one signature shall be allowed per parcel. • 2. A depiction of the district that includes a clear and distinct description of its boundaries and an inventory of all contributing and non-Contributing Resources within the district. 3. A proposed conservation plan to regulate the manner in which the preservation objectives of the district will be attained. C. Except as necessary to correct an unsafe or dangerous condition pursuant to Section 2.24.190, it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a Certificate of Appropriateness for any property within the boundaries of a proposed historic or Conservation District for which an application is pending. D. Whenever the Council designates a Historic District or Conservation District, it shall also adopt: (1) a written description and clear depiction of the district_boundaries; (2) an inventory that identifies and describes Contributing Resources for the district; and (3) a conservation plan to regulate the manner in which the preservation objectives of the district will be attained. • 2.24.110 Maintenance of Historic Landmarks and Contributing Resources. A. The owner, occupant, or other person having legal custody and control of a Historic Landmark or Contributing Resource shall keep in good repair all exterior portions thereof, all interior portions thereof regulated by the applicable designation statement or adopted conservation plan, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. B. The owner, occupant or other person having legal custody and control of a Historic Landmark or Contributing Resource shall promptly repair such building or structure consistent with all other applicable local, State, and Federal laws, if it is found to have any of the following defects: 1. Building elements in danger of falling and injuring persons or property. 2. Deteriorated or inadequate foundation. 3. Defective or deteriorated flooring. 4. Walls, partitions, or other vertical supports that split, lean, list, buckle, or are otherwise failing due to defective material or deterioration. 5. Ceilings, roofs, ceiling, roof supports, or other horizontal members that • sag, split, buckle, or are otherwise failing due to defective materials or deterioration. . 6. Fireplaces or chimneys that list, bulge, settle, or are otherwise failing due to defective material or deterioration. A-51 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 Page 12 • 7. Deteriorated, crumbling or loose exterior plaster. 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors; including, but not limited to broken windows or doors. 9. Defective or insufficient weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering. 10. Any fault, defect, or deterioration in the building that renders it structurally unsafe or insufficiently watertight. C. A Certificate of Appropriateness shall not be issued for the demolition of a Historic Landmark or a Contributing Resource because of the failure of the owner to comply with the provisions of this section. 2.24.120 Commission Advisory Function. The Commission may, upon request of the property owner, render non-technical advice on proposed work on a Historic Landmark or to a Contributing Resource. In rendering such advice and guidance, the Commission shall be guided by the purposes and criteria in this Chapter. This Section shall not be construed to impose any regulation or controls upon any property. • • 2.24.130 Certificates of Appropriateness — Requirement. A. No person shall carry out or cause to be carried out any alteration, restoration, rehabilitation, construction, removal, relocation, or demolition of any Historic Landmark or Contributing Resource unless the City has first issued a Certificate of Appropriateness in accordance with the requirements of this Chapter. B. Exceptions. A Certificate of Appropriateness shall not be required for any of the following actions. 1. Ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or external appearance of a Historic Landmark or Contributing Resource. 2. Alterations previously identified in an adopted conservation plan for a Historic District or Conservation District and designated in such conservation plan for review through the design review procedures set forth in Section 17.06.010 of the Development Code and approved accordingly. 3. Alterations that comply with the State Historical Building Code. 4. Alterations or actions for which a Certificate of Economic Hardship has been approved. • • A-52 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA • Page 13 , 2011 2.24.140 Certificate of Appropriateness — Procedures. A. Application. An application for a Certificate of Appropriateness shall be filed with the Planning Department upon the prescribed form and shall contain the following data: 1. A description of the proposed work and an explanation of how it is compatible with the historical nature of the resource. 2. Plans describing the size, height, and appearance of the proposed work. 3. A site plan showing all existing buildings and structures and the relationship of the proposed work to the surrounding environment. 4. Relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage, for new construction in Historic Districts. 5. If the application is for demolition, an explanation why the demolition is necessary and an economic feasibility report. 6. Other information deemed necessary by the Planning Director. • B. Commission Review. The Commission shall conduct a public hearing on the application, after which it shall adopt a resolution approving, conditionally approving, or denying the application. C. Planning Director Review. Notwithstanding the previous paragraph, the Planning Director shall review, and after conducting a public hearing, shall deny, approve, or conditionally approve any application for a Certificate of Appropriateness for any of the following types of • alterations: 1. Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs, windows, siding material, chimneys and fireplaces, accessory structures, or fencing. 2. Addition or deletion of awnings, shutters, canopies, and similar incidental appurtenances. D. Upon approval, copies of the Certificate of Appropriateness shall be forwarded to the applicant, the Building Official, the Planning Director, and any other department or agency that requests one. E. No Certificate of Appropriateness shall become effective until the time to appeal its approval has expired. 2.24.150 Certificate of Appropriateness — Findings. • A. Standard Findings. A Certificate of Appropriateness shall not be approved unless the Commission or Planning director, as appropriate, makes all of the following findings: A-53 CITY COUNCIL ORDINANCE NO. • DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 Page 14 • 1. The project will not cause a substantial adverse change in the significance of an Historic Resource within the meaning of the California Environmental Quality Act. 2. The project is consistent with the purposes of this Chapter. 3. The project is consistent with the Secretary's Standards. B. Additional Findings for Demolitions: In the case of a Certificate of Appropriateness to allow demolition of part or all of a Historic Landmark or Contributing Resource, all of the following additional findings must be made. 1. All efforts to restore, rehabilitate, or relocate the resource have been exhausted. 2. Restoration or rehabilitation would require extensive alterations that would render the resource unworthy of preservation. 3. Failure to demolish the resource would adversely affect or detract from the character of the neighborhood. C. Unsafe or Dangerous Conditions. Notwithstanding any other provision of this • Section, an application for a Certificate of Appropriateness may be approved if the Commission finds the project is necessary to correct an unsafe or dangerous condition on the subject property that was not caused by a failure to maintain the property as required by this Chapter. 2.24.160 Certificate of Economic Hardship. A. The Commission may issue a Certificate of Economic Hardship to allow alteration or demolition of a Historic Landmark or Contributing Resource where denial of a Certificate of Appropriateness would create an undue hardship upon the owner. B. Applications. An application for a Certificate of Economic Hardship shall be made on the prescribed form and shall be accompanied by all of the following information if requested by the Planning Director: 1. The estimated market value of the property in its current condition. 2. The estimated market value of the property after completion of the proposed alteration or demolition. 3. Estimates of the costs of proposed alteration or demolition. 4. In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use and an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional with experience in • rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property. A-54 • CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA 2011 • Page 15 5. A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation. 6. For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes. 7. Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years. 8. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property. 9. The amount paid for the property if purchased within the previous thirty six (36) months, the date of purchase, and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. • 10. Any listing of the property for sale, rent, prices asked, and offers received, if any within the previous two (2) years. 11. Any other information the Planning Director may reasonably require to -• determine whether or not the property does or may yield a reasonable return to the owners. C. The Commission shall hold a public hearing on all applications for a Certificate of Economic Hardship; after which it may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for a Certificate of Appropriateness. • • D. The Commission shall not approve any Certificate of Economic Hardship unless it makes all of the following findings: 1. Denial of the application would decrease the value of the subject property so as to leave no substantial value. 2. Sale or rental of the property is not financially feasible, when looking at the cost of holding such property for uses permitted in this zone. 3. Adaptive reuse of the property for lawful purposes is prohibited or impractical. 4. Denial of the application would damage the owner of the property • unreasonably in comparison to the benefit conferred on the community. A-55 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 Page 16 • E. Upon approval, copies of the Certificate of Economic Hardship shall be forwarded to the applicant, the Building Official, the Planning Director, and any other department or agency that requests one. F. No Certificate of Economic Hardship shall become effective until the time to appeal its approval has expired. 2.24.170 Mitigation/Conditions of Approval. Whenever any decision under this Chapter by the Council, Commission, or Planning Director to approve an application has the potential to diminish or destroy the historic, cultural, or architectural value of a Historic Landmark or Contributing Resource, the Commission or Planning Director may impose conditions to mitigate the loss of a Historic Landmark or Contributing Resource. Such conditions may include, but not be limited to the following: A. Documentation of the historic features of the property including, but not limited to, site plans, floor plans, elevations, detailed drawings of character defining features, photographic records of the exterior, interior, and any character defining features, title deed of the original owners, any historical information of person and events associated with the site. B. Requiring salvage, relocation, donation, or adaptive reuse of significant items or features within or on the property. • 2.24.180 Demolition of Potential Historic Resources. A. No permit for the demolition of any structure more than 50 years old or located on a property listed in the inventory of Historic Resources shall be issued unless the provisions of this Section have been satisfied. B. Within 30 days of when an application for such a permit is deemed complete, the Planning Director shall review the historic significance of the property to determine whether the property meets the criteria for a Historic Landmark. If the Planning Director finds the property meets the criteria, he or she shall immediately initiate a Historic Landmark Application and provide written notice of the decision to the property owner. C. If the Planning Director initiates a Historic Landmark Application, no demolition permit shall issue until final action of the Council, denying the proposed designation, except as • otherwise provided in Sectioh 2.24.190. D. If the Planning Director does not initiate a Historic Landmark Application, within the 30 days specified by this section, the hold on the permit for demolition shall be released. 2.24.190 Unsafe or Dangerous Conditions. A. None of the provisions of this Chapter shall be construed to prevent any construction, alteration, removal, demolition or relocation of a Historic Landmark or Contributing • Resource necessary to correct the unsafe or dangerous conditions of any structure, or feature, or part thereof, where the Building & Safety Official has declared such condition unsafe or dangerous and the proposed construction, alteration, removal, demolition or relocation • A-56 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA • 2011 Page 17 necessary to correct the unsafe or dangerous condition. Only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this Section. B. The Building & Safety Official shall inform the Commission prior to authorizing any work pursuant to this Section unless he or she determines that such work is immediately necessary to correct the unsafe or dangerous condition; in which case, the Building and Safety Official shall report his or her actions to the Commission at its next regular meeting. C. If work authorized by the Building & Safety official pursuant to his Section is not immediately necessary to correct the unsafe or dangerous condition, the Commission may advise the Building & Safety Official of the historic significance of the building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation, relocation, or salvage of the Historic Resource or Contributing Resource. Notwithstanding the forgoing, if no arrangements have been made for rehabilitation, relocation, or salvage within sixty days of an order to abate a nuisance, the Building & Safety Official may proceed with the abatement action. 2.24.200 Environmental Review. If any action required or taken pursuant to this Chapter is subject to the provisions of the California Environmental Quality Act, the time in which such action must be taken shall be extended in order to allow time to comply with said Act, provided, however, that such action is • taken within the time limits imposed by the Permit Streamlining Act. 2.24.210 Appeals. Any interested party may appeal any decision by the Commission or Planning Director • under this Chapter pursuant to the limitations and procedures in Section 17.02.080 of the . Municipal Code. Appeals must be filed within ten calendar days of the hearing body's decision. All appeals brought under this section shall be accompanied by a filing fee established by the Council. This Section shall not apply to decisions by the Planning Director whether to initiate a Historic Landmark designation application in accordance with Section 2.24.180.B, above. 2.24.220 Historic Preservation Fund. A. The Historic Preservation Fund is established to provide funding for historic preservation efforts such as surveys, development of design guidelines, public education, and incentive programs. All funds deposited into the Historic Preservation Fund shall be used solely for the conservation, preservation, restoration, or rehabilitation of Historic Resources. B. The Commission shall advise the Council regarding the use and expenditure of funds from the Historic Preservation Fund and shall recommend activities or actions necessary to fulfill the objectives of the Historic Preservation Fund. C. No money from the Historic Preservation Fund shall be used for the sole benefit of any property unless it has been designated a Historic Landmark, a Point of Historic Interest, • or a Contributing Resource. • A- • 57 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA • , 2011 Page 18 • 2.24.230 Preservation Incentives. To encourage owners to designate, maintain, preserve, rehabilitate, and improve Historic Landmarks and Contributing Resources, the City provides the incentives set forth in this • Section. Only properties designated as Historic Landmarks or Contributing Resources are potentially eligible to apply for preservation incentives. A. Mills Act Contracts. Pursuant to and consistent with California Government Code, Section 50280, the Council may enter into Mills Act contracts with the owner of a Historic Landmark for the purpose of preservation, rehabilitation, and maintenance of designated Historic Resources, which shall allow the owner to receive a reduction in property taxes in exchange for a commitment to specific repair, restoration, or rehabilitation improvements and . satisfactory maintenance of the property. The agreement shall include, but not be limited to, the contract provisions required under State law, and shall extend for a minimum period of 10 years, renewed annually, until and unless a notice of non-renewal or cancellation is filed. The application process, review procedures, and required contract provisions for Mills Act Agreements shall be established at the sole discretion of the Council based on the recommendations of the Commission in a form to be approved by the City Attorney. The program shall be implemented by the Planning Director or his designee. B. Public Recognition: The Commission may establish a program to publicly recognize Historic Resources, Points of Historic Interest, Historic Districts, and Conservation • Districts with plaques, signage, and other appropriate forms of recognition. C. State Historical Building Code: Any alteration made for preservation, rehabilitation, restoration or relocation of Historic Resources may be made according to the requirements of the State Historical Building Code. D. Nonconforming Parking: Single-family residences designated as Historic Resources that are nonconforming due to substandard parking shall not be required to provide parking according to current standards provided that additional floor area does not exceed 50% of the existing floor area in any 24-month period. Multiple-family developed properties designated as Historic Resources that are nonconforming, due to substandard parking shall not be required to bring the existing parking into compliance with current parking requirements due to the addition of new units provided that parking for the new units meets the current zoning standards. E. Fee Relief and Waivers: Historic Landmarks and Contributing Resources are eligible for the following fee waivers, refunds, and reductions: 1. A 50% refund of applicable building permit fees at time of issuance for projects found to be in compliance with the Secretary's Standards. 2. A 50% refund of applicable planning fees, not including applications made pursuant to this Chapter, at the time of issuance for projects found to be in compliance with the Secretary's Standards. 3. Waiver of application fees to operate a Large Family Day Care if the • proposed location is a Historic Landmark or Contributing Resource. A Large Family Day Care A-58 CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 • Page 19 means twelve children are being cared for in a private residence and up to fourteen children if two of the children are at least six years of age.• F. Preservation Easements: The City may agree to acquire preservation easements on the facades of buildings designated as Historic Landmarks, or acquire such on the City's behalf, by a nonprofit group designated by the City through purchase, donation, or condemnation pursuant to California Civil Code 815. G. Alternative Conditional Use Permit Procedures. Where a proposed conditionally permitted use involving a Historic Landmark or Contributing Resource is small in scale and neither intensifies the use of the subject property nor disrupts any adjacent uses or neighborhood, the Planning Director may approve, conditionally approve, or deny the application in the same manner and subject to the same procedural requirements as a non- construction Conditional Use Permit pursuant to Section 17.04.035 of the Development Code. Applications approved by the Planning Director under this paragraph shall only be for small scale uses; including, but not limited to, boarding houses, bed and breakfasts, inns, small offices, boutiques, antique shops, bookstores, or florists. If in the opinion of the Planning Director, the application involves unusual requirements or raises questions of land use policy substantially more significant than generally pertain to such application, the Planning Director may refer the application to the Planning Commission for consideration. Approval of a Conditional Use Permit under this paragraph shall neither waive any requirement of this Chapter • nor excuse any performance required by this Chapter, including but not limited to the need for a Certificate of Appropriateness or Certificate of Economic Hardship. 2.24.240 Permit Application Filing Fees. Before accepting for filing any application described in this Chapter, the Planning Director shall charge and collect such administrative fees as may be set by resolution of the Council. • • 2.24.250 Public Hearings - Notice and Conduct. A. Whenever a public hearing is required by this Chapter, it shall be noticed and held in accordance with Section 17.02.110 of the Municipal Code. B. The Planning Director shall maintain a list of parties, including local historical organizations, who have asked for notice of public hearings regarding matters that affect designated or potential Historic Landmarks, Points of Historic Interest, Historic Districts, Conservation Districts, and Contributing Resources. The Planning Director shall provide as a courtesy to all persons and organizations on the list copies of all notices required by this Chapter. No action or inaction by the Council, Commission, the Planning Commission, or the Planning Director, shall be held void or invalid or be set aside by any Court due'to failure to provide notice to any person or organization on the list pursuant to this paragraph. • A-59 • • CITY COUNCIL ORDINANCE NO. DRC2008-00158 - CITY OF RANCHO CUCAMONGA , 2011 Page 20 • 2.24.260 Enforcement Authority. It shall be the duty of the Planning Director and the Building & Safety Official to administer and enforce the provisions of this Chapter with the assistance of other City departments when deemed necessary. 2.24.270 Violations and Remedies. • A. It is unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person, firm, partnership, or corporation. B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter is prohibited. C. Violations of this Chapter are subject to criminal misdemeanor penalties and civil penalties pursuant to Chapter 1.12 of the Rancho Cucamonga Municipal Code, in addition to any penalties and remedies specified or available under this Chapter. The penalties and remedies provided for in this Section are cumulative and in addition to any other remedies available at law or in equity. The City may seek to remedy any violation of this Chapter by a • civil action, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. D. A violation of this Chapter is declared to be a public nuisance and may be abated by the City through the administrative procedures specified in Chapter 8.23 or through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. Abatement remedies may include but shall not be limited to reconstructing or restoring the property to its condition before the performance of work in violation of this Chapter, or in the case of a failure to maintain a Historic Landmark or Contributing Resource, by completing the work as required to stabilize and arrest • further deterioration of the property. E. If a violation occurs in the absence of an approved development project, or while an application for a building permit or discretionary development approval is pending for the property upon which the Historic Landmark or Contributing Resource is located, the Planning Director or Building & Safety Official may issue a stop work order halting all development activity • on the parcel to allow the City to determine appropriate mitigation measures, if any, and to ensure such measures are incorporated into any future or pending development approvals for the property. Mitigation measures may be imposed as a condition of any subsequent permits for development on the subject property. • • • • • A-60