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HomeMy WebLinkAbout1999/09/29 - Agenda Packet - AdjCITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA WEDNESDAY SEPTEMBER 29, 1999 7:00 PM Rancho Cucamonga Civic Center Council Chamber 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman McNiel __ Vice Chairman Macias Com. Mannerino __ Com. Stewart __ Com. Tolstoy __ II. ANNOUNCEMENTS III. APPROVAL OF MINUTES September 8, 1999 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, GENERAL PLAN AMENDMENT 98-02, AND VICTORIA COMMUNITY PLAN AMENDMENT 98-01 - AMERICAN BEAUTY DEVELOPMENT CO. - A public hearing for a proposed project to be known as the Victoria Arbors Village on 291.8 acres of land in the Victoria Planned Community, generally bounded by Base Line Road, future Victoria Park Lane, future Church Street, future Day Creek Boulevard, Foothill Boulevard, and the Day Creek Channel - APN: 227-201-04, 13 through 18, 22, 28 through 30, and 36; 222-201-33; 227-161-33, 35, 36, and 38; 227-171-11, 12, and 14. Related file: Etiwanda Specific Plan Amendment 98-01. (A) Land Use changes for the following areas: Subarea l: Subarea la -from Medium Residential (8-14 dwelling units per acre) and Community Facilities to Low-Medium Residential (4-8 dwelling units per acre) for approximately 7.67 acres of land, generally located on the south side of Base Line Road, west of the winery; and consideration of alternative land use designations of Community Facilities. Subarea lb - from Medium Residential (8-14 dwelling units per acre) and Park to Low-Medium Residential (4-8 dwelling units per acre), Park, and School for approximately 57.40 acres of land, generally located east of future Day Creek Boulevard and 600 feet south of Base Line Road; and the consideration of alternative land use designations of Community Facilities for the northeast side of the subarea, immediately east of the winery. Subarea 1c - from Low-Medium Residential (4-8 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for approximately 21.13 acres of land for the area generally located south of Base Line Road and east of future Victoria Park Lane; and consideration of retaining the Low-Medium Residential designation. Subarea ld- from Medium-High Residential (14-24 dwelling units per acre), Regional Related Office/Commercial, and Park to Low-Medium Residential (4-8 dwelling units per acre) for approximately 39.45 acres of land, generally located on the north side of future Church Street and east of future Day Creek Boulevard; and consideration of alternative land use designations of Medium Residential (8-14 dwelling units per acre) and Medium-High Residential (14-24 dwelling units per acre). Subarea le -from Medium-High Residential (14-24 dwelling units per acre) and Regional Related Office/Commercial to Low-Medium Residential (4-8 dwelling units per acre) for approximately 13.76 acres of land, generally located north of future Church Street, west of future Victoria Loop Street; and consideration of alternative land use designations of Medium Residential (8-14 dwelling units per acre) and Medium-High Residential (14-24 dwelling units per acre). Subarea 2 - from Regional Related Office/Commercial to Low- Medium Residential (4-8 dwelling units per acre), Medium-High Residential (14-24 dwelling units per acre), and High Residential (24-30 dwelling units per acre) for approximately 53 acres of Page 2 land, generally located on the west side of future Day Creek Boulevard, north and south of future Church Street; and consideration of retaining the Regional Related Office/Commercial designation. Subarea 3 - Re-align the boundaries of the Victoria Community Plan to include approximately 26 acres of land from the Etiwanda Specific Plan, generally located on the north side of Church Street and the west side of Etiwanda Avenue; and a request to change the land use designation from Office to Low-Medium Residential (4-8 dwelling units per acre); and consideration of alternative land use designations of a mix of Office and Low-Medium Residential (4-8 dwelling units per acre); and consideration by the City of rataining the area in the Etiwanda Specific Plan with an Office designation or a mix of Office and Low-Medium Residential (4-8 dwelling units per acre). (B) Amend the Circulation and Parks and Recreation Elements of the General Plan. (C) Amend various graphics and text for the Victoria Community Plan. (D) Consideration by the City of alternative sites for Park and School within the project araa of the Victoria Community Plan. (E) Modify the permitted and conditionally permitted uses and various development and design standards for Regional Related Office/Commercial, Regional Center, and Community Facilities of the Victoria Community Plan. The Environmental Impact Report for this project was considered on May 26, 1999. (Continued from July 14, 1999) B. ENVIRONMENTAL ASSESSMENT, GENERAL PLAN AMENDMENT 98-02, AND ETIWANDA SPECIFIC PLAN AMENDMENT 98-01 - AMERICAN BEAUTY DEVELOPMENT CO. - A request to re-align the boundaries of the Etiwanda Specific Plan by re-designating approximately 26 acres of land, generally located on the north side of Church Street and the west side of Etiwanda Avenue to the Victoria Community Plan; and consideration by the City of retaining the area in the Etiwanda Specific Plan and retaining the land use designation of Office; and consideration of alternative land use designations of a mix of Office and Low-Medium Residential (4-8 dwelling units per acre) - APN: 227-171-11, 12, and 14. Related file: Victoria Community Plan Amendment 98-01. The Environmental Impact Report for this project was considered on May 26, 1999. (Continued from July 14, 1999) Page 3 C. ENVIRONMENTALASSESSMENTANDTENTATIVETRACT14759- RANCHO SUMMIT - The proposed subdivision of 132 acres of land into 358 single family lots and 3 lettered lots for common open space/parks totaling 28.7 acres in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda Specific Plan, located on the east and west sides of Wardman Bullock Road, north and south of Summit Avenue- APN: 226-102-17. Staff has prepared a Negative Declaration of environmental impacts for consideration. D. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 99-04 - OVERLAND COMPANY - A request to change the General Plan Land Use Map for approximately 20 acres of land south of the interstate 15 Freeway and west of East Avenue from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre); and for approximately 20 acres of land on the east side of Etiwanda Avenue 550 feet north of Foothill Boulevard from Low-Medium Residential (4-8 dwelling units per acre) to Medium Residential (8-14 dwelling units per acre) - APN: 1100-031-08, 1100-061-02 through 04, 1100-071-01 and 02, and 1100-151-01 and 02. Staff has prepared a Negative Declaration of environmental impacts for consideration. E. ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 99-01 - OVERLAND COMPANY - A request to change the Etiwanda Specific Plan Land Use Map for approximately 20 acres of land south of the Interstate 15 Freeway and west of East Avenue from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre); and for approximately 20 acres of land on the east side of Etiwanda Avenue 550 feet north of Foothill Boulevard from Low-Medium Residential (4-8 dwelling units per acre) to Medium Residential (8-14 dwelling units per acre) - APN: 1100-031-08, 1100-061-02 through 04, 1100-071-01 and 02, and 1100-151-01 and 02. Staff has prepared a Negative Declaration of environmental impacts for consideration. V, NEW BUSINESS F. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 99-34 - MAR VISTA HOMES - The design review of building elevations and detailed site plan for the eastern portion of recorded Tract 13812 and the southern portion of recorded Tract Map No. 14120 consisting of 88 single family lots on 71.51 acres of land in the Very Low Residential District (less than 2 dwelling units per acre) of the Etiwanda Specific Plan, located approximately 1,300 feet west of Etiwanda Avenue, nodh of Highland Avenue, and south of Summit Avenue - APN: 225-411-01 through 18 and 225-421-01 through 12, 15 through 16, and 19 through 27 for lots in Tract 13812 and APN: 225-171-02, 08, 11, and 16 for lots in Tract 14120. Staff has prepared a Negative Declaration of environmental impacts for consideration. Page 4 VI. DIRECTOR'S REPORTS G. USE DETERMINATION 99-03 - A.S.A.P. TOWING, AUTO BODY AND TRANSPORT - A request to determine that a vehicle impound yard is a conditionally permitted use under the Interim Use category within the Industrial Area Specific Plan. VII. PUBLIC COMMENTS This is the time and place for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. VIII. COMMISSION BUSINESS H. GENERAL PLAN UPDATE PROGRESS - Oral report IX. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:OO p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING IN THE RAINS ROOM TO DISCUSS PRE-APPLICA TION REVIEW 99-06. I, Gall Sanchez, 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 September 23, 1999, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. Page 5 VICINITY MAP CITY HALL CITY OF RANCHO CUCAMONGA Please refer to September 22, 1999, agenda packet for Staff Report ITEMS A - B Environmental Analysis Transportation Engineenng LSA BIology and Wetlands Community and Land Planning Landscape Architectule Archaeology and Paleontology September 29, 1999 Principa ls Bill Storm Rob Salen Lennar Homes of California, Inc. Sheila Brady 24800 Chrisanta Drive Les C,lra Mission Viejo, CA 92679 David Clore Ross Dobberteen Steve Granholm RM, ardHarLIcher Subject: Response to Comments Provided by the California Department of Roger mrrl, Fish and Game Regarding the Negative Declaration for Tentative At, ~lo.,r,gl,,,,.~,n Tract 14759, Raneho Summit Larry Kennings Laur,t L,qler Dear Mr. Storm: Clrollyn Lobell Bill Mayer RoV ,,~C ..... This letter shall serve to address the comments of a letter dated September 21, 1999 ~,.~ony P,'~ros from Mr. Glenn Black of the California Department of Fish and Game (CDFG), to the Rob s~l,o.l, ol~ City ofRancho Cucamonga, regarding Tentative Tract 14579 (Rancho Summit). This 3t,,l~ol.1 ~ spro,,l letter is attached and the following comments are numbered sequentially with those Lloyd B. Zola outlined in the letter. Associates 1. Streambed Alteration Agreement: A letter dated September 29, 1999 from J,,,n~ a ...... Mark Durham of the U.S. Army Corps of Engineers (Corps) to Mr. Bill Sl~om co,,,li~ c,,h,~ of Lennar Homes (attached) states that the proposed project will not discharge S..~'~n W: Co.~ling dredge or fill material into a water of the United States or an adjacent wetland. c,,~y oo~. Therefore, the project is not subject to Corps Jurisdiction under Section 404 of Ri~l,,,~a irri& .... the Clean water Act and Section 404 permit is not required. Kcvin Fineher r~,,~ m..ho,, Base on the lack of Corps jurisdiction over potential waters of the United cli., ~,'~ll ..... States on the subject site, it is reasonable to conclude that a Streambed Alter- Bo,,s,,n ~.. ation Agreement under Sections 1603 of the California Fish and Game Code jttdith H. Malamnt iS not required. This is further supported by the lack ofriparian habitat within Sab,ma Nitbolls the drainages evaluated. Deborah Pr, tcilio ,.~my S~,,~'~,-Co.~ In addition (pers. comm. Julie Gilbert of San Bemardino County Flood Con- ~yn,..~st,l.~t,i,,~ trol, September 29, 1999), flows to the subject drainages on site were cut off Jill xr/l~,,,l O'Co.,.,r after levees were built along San Sevaine Creek, located northwest of the site, in 1969. San Bemardino County Flood Control currently holds a Corps Sec- tion 404 permit (No. 9600061-RRS, expiration date May 28, 2001) and a CDFG 1601 Streambed Alteration Agreement (No. 5-310-96, expiration date October, 31, 2001) for impacts to the flows from the San Sevaine/Etiwanda Creek watershed that divert the flows that once ran through the subject site. 9/29/99(RAALE83/\CDFG Responce to Comments.xvpd) 3403 lOth Street, Suite 520 Telephone 909 781-931~ Other offices located in Berkeley Riverside, Cahfornia 92501 Facsimile 909 781-4277 Pt. Richmond, lmeine and Sacramento E-mail lsa. riversidei [sa -assoc. corn LSA Associates,/no 2. Habitat Linkage: LSA Associates, Inc. agrees that wildlife habitat move- ment and habitat fragmentation are important issues in assessing impacts to wildlife. Habitat fragmentation occurs when a proposed action results in a single, unified habitat area being divided into two or more areas, such that the division isolates the two new areas from each other. Isolation of habitat occurs when wildlife cannot move freely from one portion of the habitat to another, or from one habitat type to another. One example is the fragmenta- lion of habitats within and around clustered residential development. Habitat fragmentation can also occur when a portion of one or more habitats is con- verted into another habitat, as when scrub habitats are converted into annual grassland habitat because of too frequent burning. Wildlife most certainly moves within the habitat on site during foraging and other day-to-day behaviors. This routine movement and habitat use does not mean that the site is a corridor. Interstate 30 is aligned parallel to the southern boundary of the site approximately one third of a mile to the south, and serves as a major barrier to wildlife movement. Residential development along the entire eastern border of the site and most of the northern border also limit the site's value for wildlife movement. Because of the proximity of existing development, impacts to wildlife movement and habitat fragrnentation are not considered to be significant. In a memo dated August 30, 1999 from Denise Woodard of LSA Associates, Inc. to Mr. Bill Storm of Lennar Homes (attached) provides clarification of the quality of Coastal sage scrub on the site. LSA Associates Inc. believes that 1:1 habitat replacement of 18.80 acres of "high" quality Riversidean alluvial fan sage scrub on the subject site mitigates impacts to this habitat to below a level of significance. 3. Avoidance, Alternatives and Mitigation Measures: Impacts to 18.80 acres of Riversidean alluvial fan sage scrub is being mitigated below a level of significance by habitat replacement at a 1: 1 ratio. No other significant biolog- ical impacts were identified as being impacted by the proposed project, thus no other mitigation is required. 4. NCCP Process: The Memorandum of Understanding (MOU), signed by the City of Rancho Cucamonga, to cooperate in the development of a Multi-Spe- cies Habitat Conservation Plan (MSHCP) for the San Bemardino Valley does establish interim review guidelines for projects proceeding while the MSHCP is under development. The interim project review guidelines state that the recommendations of the CDFG are advisory; the final decision of whether to approve, modify, or deny a project remains in the hands of the lead agency (in this case, the City of Rancho Cucamonga) pursuant to existing laws. The interim review guidelines state that each lead agency shall determine whether a project shall be reviewed pursuant to the guidelines. Further, the lead agency retains the discretion to determine that a project within the plan area, 9/29/99(R:XALE831\CDFG Responce to Comments.wpd) 2 7 because of the proj ect's characteristics, has no impact on the viability of bio- logical resources and would not preclude long-term preservation planning. In keeping with the review process stated under the MOU, it is concluded that a 1: 1 habitat replacement for the loss of 18. I acres of Riversidean alluvial fan sage scrub is sufficient mitigation for impacts of the proposed project. Please do not hesitate to call me at (909) 781-9310 if you have any questions or re- quire further reformation. Sincerely, Denise D. Woodlrd Project Manage/Biologist 9/29/99(R:XALE83 I\CDFG Responce to Comments.wpd) 3 STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVI~, ~ DEPARTMENT OF FISH AND GAME Eastern Sierra - Inland Deserts Region 4775 Bird Farm Road Chino Hills, California 91709 (909) 393-0635 September21, 1999 R E C E ! V E SEP ~ ~ t999 City of Rancho Cucamonc~ City of Rancho Cucamonga p~annincJ Division Planning Division P.O. Box 807 Rancho Cucamonga, CA 91729 Attn: Brent LeCount Re: Negative Declaration Tentative Tract 14759 - Rancho Summit Dear Mr. LeCount: The California Department of Idish and Game (Department) thanks you for the opportunity to comment on the Environmental Assessment. The Department has reviewed the Negative Declaration and concluded that the project. as proposed, does pose significant adverse impacts to sensitive biological resources, that a negative declaration is not appropriate and that preparation of an environmental impact report is warranted. The Department is commenting as both a Responsible and a Trustee Agency. The text of this letter documents why the Department believes an environmental impact report (EIR) is warranted. The proposed development consists of the subdivision of 132 acres of land into 358 single family lots and three open space lots. The project site contains 18.8 acres of undisturbed Riversidian Alluvial Fan Sage Scrub (RAFSS), 20.36 acres of disturbed RAFSS, and 23.32 acres of buckwheat scrub. The applicant is proposing to provide off-site mitigation on a 1:1 ratio for the loss of the 18.8 acres of RAFSS. All native plant communities are proposed for removal. Department of Fish and Game Mandate The Fish and Game Code (Code) provides the authority for the Department ~o operate as a state agency. Section 1801 of Chapter 8 of the Code discusses the Department policies and objectives governing the conservation of wildlife resources. It states: Mitigated Negative Declaration City of Rancho It is hereby declared to be the policy of the state to encourage the preservation, conservation, and maintenance of wildlife resources under the jurisdiction and influence of the state. This policy includes the following objectives: (1) To maintain sufficient populations of all species of wildlife and the habitat necessary to achieve the objectives stated in subdivisions (b), (c). and (d). (2) To provide for the beneficial use and enjoyment of wildlife by all citizens of the state. (3) To perpetuate all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to all persons. (4) To provide for aesthetic, educational, and non-appropriative uses of the various wildlife species. The Code clearly defines the jurisdiction of the Department of Fish and Game and the role of the Department in the CEQA process, in Section 1802, which states: The Department has jurisdiction over the conservation, protection and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. The Department, as trustee for fish and wildlife resources, shall consult with lead and responsible aqencies and shall provide, as available, the requisite bioloqical expertise to review and comment upon environmental documents and impacts arisinq from proiect activities, as those terms are used in the California Environmental Protection 'Act (Division 13, commencing with Section 21000 of the Public Resources Code) [emphasis added] California Environmental Quality Act Section 15002 of the CEQA guidelines defines the basic purposes of CEQA as follows: (1) Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities, (2) Identify ways that environmental damage can be avoided or significantly reduced. (3) Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible. (4) Disclose to the public the reasons why a governmental agency 3 , · Mitigated Negative Declaration City of Rancho approved the project in the manner the agency chose if significant environmental effects are involved. The ~;rux of this legislation is that the Department is a trustee and/or responsible agency under California law and has "...jurisdiction over the conservation, protection and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species." It is clear from the Code that the Department, as a trustee agency, also has an important advisory role in the CEQA process by supplying the biological expertise to review and comment upon environmental documents and project impacts, as stated above. This is our legal jurisdiction mandated in CEQA and forms the basis for our comments. In addition, the Department is a Responsible Agency because the project may involve impacts to streambeds, thereby triggering the necessity for a 1601-1603 Streambed Alteration Agreement. The purpose of this letter is to: 1 ) examine the adequacy of the negative declaration under the information requirements of CEQA, 2) examine how the project identifies way to avoid or substantially reduce adverse impacts on the environment, 3) examine how the project proponent reduces the impacts of the project on the environment through avoidance, alternatives and mitigation measures, and 4) examine the lead agency's rationale for choosing a negative declaration. Informational Content Streambed Alteration Aqreement - The biological report prepared by LSA on July 14, 1999 states: A wetland and jurisdictional delineation for the purpose of determining the limits of any waters subject to jurisdiction by the U.S. Army Corps of Engineers. under Section 404 of the Clean Water Act, and California Department of Fish and Game (CDFG), under Sections 1601-1603 of the Califomia Fish and Game Code, would be required to determine whether or not at least the two primary drainages crossing the site qualify as jurisdictional waters. Potential impacts to waters of the United States, wetlands or jurisdictional streambeds should be determined during the CEQA process, not following it. If a 1601-1603 Streambed Alteration Agreement is required then the Department becomes a Responsible Agency under CEQA. How can the public or this Department analyze the proposed impacts of a project if the lead agency does not know what those impacts are? Without knowing what impacts the proposed development will have on. jurisdictional streambeds, the Department cannot assess the impacts or recommend alternatives or mitigation measures. Furthermore, how can the lead agency issue a negative declaration for a project which requires further regulatory action when the lead .4 Mitigated Negative Declaration City of Rancho agency does not know what those impacts are or how they will be mitigated for?. If the negative declaration is the end process of CEQA and subsequently the Department does require a Streambed Alteration Agreement, the Department will have no CEQA certified information upon which to base an agreement on. If the Department does not have the information it requires to issue a 1601-1603 Streambed Alteration Agreement through the City's CEQA process, the Department may have no choice but to assert lead agency status. In conclusion, the fact that a Streambed Alteration Agreement or other regulatory compliance may be required does not relieve the lead agency of the responsibility under CEQA for informing the public of what specific impacts the proposed development will have on the environment and including specific mitigation measures to reduce those impacts to a level of insignificance. Other informational gaps are discussed throughout the text of this letter. Habitat Linkaqe - The Initial Study includes the following statement concerning habitat linkages: The site may function to some degree as a habitat linkage but construction of the Route 30 Freeway to the south would prevent future linkage value of the site. Furthermore, the site is surrounded to the south and west by open space/flood control improvements which could continue to provide a habitat linkage in the area. The impact is not considered significant. The Biologicel Report prepared by LSA on July 14, 1999 does not include a discussion of habitat linkages. There was no discussion of adjoining habitat areas or the discussion of the value of portions of the site for regional habitat. Neither was there a discussion of the importance of Riversidian Alluvial Fan Sage Scrub as a very threatened plant community or the usefullness of disturbed RAFSS habitat for wildlife. The biologicel report does state that the disturbed RAFSS could be utilized by gnatcatchers. However, the biological study did not include the criteria for determining what is undisturbed and what is disturbed RAFSS. The Negative Declaration also did not include a discussion of the relative merits of maintaining habitat on-site versus off- site mitigation. The Department believes that these are all issues which should be addressed in the context of an Environmental Impact Report, not a mitigated negative declaration. Avoidance, Alternatives and Mitiqation Measures Section 2053 of the Fish and Game Code states: 2053. Projects; Threat; Alternatives The legislature further finds and declares that it is the policy of the state that ,5 Mitigated Negative Declaration City of Rancho state agencies should not approve projects as proposed which would jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of those species, if there are reasonable and prudent alternatives available consistent with conserving the species or its habitats which would prevent jeopardy. 2054. Project Approvement; Mitigation and Enhancement Measures The Legislature further finds and declares that, in the event specific economic, social, or other conditions make infeasible such alternatives, individual projects may be approved if appropriate mitigation and enhancement measures are provided. The Department maintains that the disclosure and analysis of impacts in the document is inadequate and incomplete, and project-related impacts are not mitigated to below a level of significance. If the project impacts are not adequately identified, then a discussion of avoidance, alternatives and mitigation measures is moot. The Initial Study contains a discussion of the importance of this area as potential habitat for endangered or threatened species and even notes that the United States Fish and Wildlife Service suggested a 3:1 ratio for the loss of coastal sage scrub alone. The project site contains 18,8 acres of Undisturbed Riversidian Alluvial Fan Sage Scrub (RAFSS), 20.36 acres of disturbed RAFSS and 23.32 acres of buckwheat scrub. RAFSS is a rare natural community and is ranked S1.1 (very threatened). RAFSS habitat has local, regional, and state-wide significance. The fact that there are a total of 62.48 acres of coastal sage scrub on the site, including 18.8 acres of undisturbed RAFSS, 20.36 acres of disturbed RAFSS, and 20.36 acres of buckwheat scrub is significant by itself to warrant an EIR. However, the fact that the proposed development would occur over the entire site and eliminate all native habitat argues even more for the preparation of an EIR. An EIR should include the discussion Of the local importance of this habitat (RAFSS), a discussion of the cumulative impacts of development in the area on this habitat, a discussion of avoidance measures to preserve on-site habitat, a discussion of project alternatives which would protect RAFSS, and a full discussion of mitigation measures in the event project impacts are unavoidable. The EtR should also include a discussion of the direct and indirect impacts of the proposed development on sensitive biological resources. For instance, there is no assessment of the direct loss of disturbed RAFSS and buckwheat. There is no assessment of the indirect effects of development on adjoining sensitive biological resources. There is no indication that the project includes considerations for buffer zones, the planting of native drought-tolerant plants, the affects of non-native plants nor the affects of domestic animals on the flora and fauna of the project site. .6 Mitigated Negative Declaration City of Rancho Section 21002 of CEQA states in part: The Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. (Emphasis added.) Section 21002.1 (a) of CEQA describes the purpose of EIRs. It states in part: The purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided. Section 21002.1 (b) describes the role of the lead agency in mitigating for significant impacts. It states: (b) Each public agency shall mitigate or avoid the significant effects on environment of projects that it carries out or approves whenever it is feasible to do so. CEQA requires that public agencies systematically identify both significant impacts and feasible alternatives or mitigation measures to avoid or substantially lessen significant effects. The Department believes that this EIR does not comply with Section 21002 of CEQA. In fact, the only mitigation measure for the loss of sensitive biological resources proposed in the negative declaration is that the project applicant will purchase off-site lands to compensate for the loss of 18.8 acres of RAFSS at a 1:1 ratio. The negative declaration provides no specifics or criteria which would enable the Department to assess whether the 1:1 mitigation is of equivalent habitat quality or habitat location. However, even had the lead agency supplied this information, the Department believes preparation of an EIR is still warranted. There are several legal, biological and policy concepts related to the practice of project impact mitigation. The first concept is that mitigation be in-kind, i.e., loss of riparian is mitigated by creation of riparian. A second concept is that the mitigation be .similar in quality and quantity, i.e., there is not a net loss of resource area and that habitat quality and usefulness for impacted wildlife are equivalent. A third concept is that mitigation can be for temporary or permanent impacts and that mitigation for these .7 Mitigated Negative Declaration City of Rancho respective impacts is not interchangeable. In other words, permanent impacts are not mitigated by temporary measures. A fourth concept is that specific mitigation measures be adopted for specific identified impacts. A fifth concept is that lands proposed to mitigate the loss of permanent natural resources be dedicated for conservatio~ in perpetuity, with provisions for mairjtenance and monitoring. None of these concepts, with the exception of the fifth concept, are utilized in this mitigated negative declaration. Rationale for Mitiqated Ne~ative Declaration Section 15064 of the CEQA guidelines discusses determining the significance of environmental effects caused by a project. It states in part: (a) The decision as to whether a project may have one or more significant effects shall be based on substantial evidence in the record of the lead agency. (1) If the lead agency determines there is substantial evidence in the record that the project may have a significant effect on the environment, the lead agency shall prepare an EIR (Fdends of B Street v. City of Hayward (1980) 106 CaL App. 3d 988). Said another way, if a lead agency is presented with a fair argument that a project may have a significant effect on the environment, the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect (No Oil, Inc. v. City of Los Angeles (1974) 13 Cal. 3d 68). (Emphasis added) It is the opinion of the Department that the proposed development project may have a significant effect on the environment. The Department bases this opinion on the current amount of development taking place in the Etiwanda Fan area and the amount of pristine and disturbed Riversidian Alluvial Fan Sage Scrub and coastal sage scrub proposed for removal. Riversidian Alluvial Fan Sage Scrub is a plant community designated as "very threatened." For this reason, the Department views adverse impacts to this plant community in this location as significant. NCCP Process In 1997 both the County of San Bernardino and the California Department of Fish and Game signed a "Memorandum of Understanding Regarding Natural Community Conservation Planning.' The City of Rancho Cucamonga is a signatory to triis MOU.. This memorandum of understanding included several tenets. To summarize, these are: 8 Mitigated Negative Declaration City of Rancho (a) The NCCP program is designed to protect habitats for multiple species, including threatened and endangered species, (b) The NCCP process complements and supports the U.S. Fish and Wildlife Service multi-species conservation planning program, (c) Up to $1.5 million was appropriated by Congress to support the NCCP program for the preservation of coastal sage scrub and associated natural communities, (d) The County and the NCCP program are committed to effecting regional protection and perpetuation of natural wildlife diversity, while allowing for development, (e)The County and constituent members concur with the goals of the NCCP Act, (f) The signatory agencies agree to work together to prepare and submit a San Bernardino Valley MSHCP by and between the U.S. Fish and Wildlife Service, the California Department of Fish and Game, the County of San Bemardino, the 15 affected cities and other participating agencies. 4 In 1998 the County of San Bernardino notified the Department that the Memorandum of Understanding was extended to the year 2000 by the County and seven cities. Riversidian Alluvial Fan Sage Scrub, a State-designated very threatened habitat, is a criticel component of any MSHCP or NCCP effort in San Bernardino County because it provides habitat for the federally endangered San Bernardino kangaroo rat, the federally listed Coastal California gnatcatcher, and a number of state-listed plants and species of special concam. The Department prefers to operate within the NCCPIMSHCP process because it is designed to protect a wide variety of sensitive species and habitats. In the absence of progress on the NCCP/MSHCP process the Department has no choice but to take each development project on a case by case basis. Particularly important in this process is the requirement for environmental impact reports and an emphasis on cumulative impacts, alternatives analyses and avoidance and mitigation measures. These are areas which the Department feels are currently not adequately addressed in the CEQA documentation it is reviewing in this area. However, the environmental documentation which the Department is reviewing indicates that mitigation is being provided solely for endangered species and habitats. Impacts to habitat not specifically protected by law and species of special concern are considered non-significant and therefore: mitigation is not being required by the lead agency. The Department does not concur with the conclusion that only endangered species require mitigation. .9 Mitigated Negative Declaration City of Rancho CEQA documents are city and county documents. The Department believes that, in this instance, an EIR is warranted. The Department has also held conversations with USFWS concerning the Etiwanda Fan area, the pace of development and the inadequacy of CEQA documents. The fact that both state and federal agencies entrusted with protection of biological resources as well as the local San Bernardino County Museum, which is conducting biological surveys in this area, believe that the Etiwanda Fan area contains critical habitat argues for the preparation of an EIR. For this reason, cumulative impact analyses are very important. The Department also believes that it is not appropriate for the local jurisdictions to defer their responsibilities under CEQA to future resource agency actions. In this case there is no determination of whether there are jurisdictional wetlands on the site. The biological assessment then states that these determinations must be conducted and necessary permits obtained. A key concept of CEQA is that specific project impacts and mitigation will be addressed in a document available to the public. Conclusion The Department recommends that the City of Rancho Cucamonga require the preparation of an Environmental Impact Report for the reasons listed in this letter. Representatives of the Department will be happy to meet with the lead agency and the consultants to discuss what steps the Department believes need to be taken to bring the project into compliance with CEQA.. If you have any questions, please call Robin Maloney-Rames, ES III, Chino Hills, at (714) 817-0585. Sincerely Glenn Black Supervisor Habitat Conservation - South Region 6 cc: Jeff Newman, USFWS 09/29/99 07:45 FAX 909 794 7911 SEVEN OAKS DAM DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SEVEN OAKS DAM RESIDENT OFRCE 32330 SA!,rTA Alia CANYON RD HIGHLAND, CAUFORNIA 92346 REPLY TO Arrs~mo, or: September 29, 1999 Office of the Chief Regulatory Branch Bill Storm, Lennar Homes c/o: Tom Dodson & Associates 2150 North Arrowhead Avenue San Bernardino, California 92405-4002 Gentlemen: Reference is made to your application (No. 199916546-AJS) dated August 26, 1999 for a Department of the Army Permit to construct the "Rancho Summit" project (TT 14759) near East Etiwanda Creek in Rancho Cucamonga, San Bernardino County, California. Based on the information furnished in your application and a site visit by our staff, we have determined that your proposed project does not discharge dredged or fill material into a water of the United States or an adjacent wetland. Therefore, the project is not subject to our jurisdiction under Section 404 of the Clean Water Act and a Section 404 permit is not required from our office. The receipt of your application is appredated. If you have any questions, please contact Antal Szijj of my staff at (909) 794-7704. Sincerely, r/Mark Durham Chief, South Coast Section Regulatory Branch Gmnnttni0' ,Inll Land Pl, tnning .'lnhaedogy and Paleontology August 30, 1999 p r, ,, .p ,,/~ Bill Storm Rob B.th'n Lennar Homes of Califomia, Inc. sk,.il., S,..,ay 24800 Chrisanta Drive L,'~ c,.i Mission Viejo, CA 92679 David Cb, e Ricl,.,~a H.,rt,cl,,.~ Subject: Biological Resources Report for TIM 14759, Rancho Summit, City Roger ltarris Of Rancho Cucamonga I_ar~' Kenrungs Dear Mr. Storm: c.,~ol6. L,,l,d/ This letter is in response to the City of Rancho Cucamonga's request for clarification B,/I It,,,,.,., of the quality of Coastal Sage Scrub habitat. The following is a further breakdown of our Table A to address that request: M,d~olm I Sprentl tloy,l n. Z,,t., Table A - Plant Community (Acres) A, o ,. i ~ ~ ,,~ Plant Community Im- Quality pacts co,,,,,',. cdi~., Riversidian Alluvial Fan Sage Scrub 18.80 "High" - this plant community has the Steven ~E Conkling greatest habitat potential for supporting Ga .rv Dou, sensitive species. Ri,-i,.,rd b,&o,, Disturbed Riversidian Alluvial Fan 20.36 "Moderate" this community has vegetative a',.;.,~ ri.u,,.~ Sage Scrub components of the Riversidean Alluvial Fr,,,~ H,,~'l,o, Fan Sage Scrub plant community, but has a s,,,,~o,, l.e,' higher density of non-native plant species Judith H. ,~l.damut associated with it. This community is less s,,b.,,., .\,,l,,,ll~ likely to be used by sensitive animal spe- .It. w: -sat" o'c,,,,.~.ll cies, such as the Califomia gnatcatcher, in Oebo~,U, V,',.aS,, the presence of higher quality habitat. Ly,,er., St.,,,,l, .... Buckwheat Scrub 23.32 "Moderate to Poor" - The Buckwheat Scrub Jill ~ilson 0 'Conner results from a severe disturbance to the Riversidian Alluvial Fan Sage Scrub, re- sulting in more of a single species (Cali- fomia buckwheat) plant community, which provides less habitat diversity for sensitive species. 3403 lOth S'freet. St.ze 520 Tclephonc 909 7,91-9310 Other offices Ioaltcd in Berkeley We trust this will provide the information the City needs to complete their assessment. Sincerely, Denise D. Woodard Project Manager/Biologist cc: Pamela Steele, Hogle-Ireland, Inc. Ray Allard, Allard Engineering CITY OF RANCHO CUCAMONGA ' STAFF REPORT DATE: September 29, 1999 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Brent Le Count, AICP, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 14759 - RANCHO SUMMIT - The proposed subdivision of 132 acres of land into 358 single family lots and 3 lettered lots for common open space/parks totaling 18.3 acres in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda Specific Plan, located on the east and west sides of Wardman Bullock Road, north and south of Summit Avenue - APN: 226-102-17, BACKGROUND: As a result of ongoing meetings between the applicant and City staff. changes have been made to the resolution. Attached are sheets highlighting the changes to the resolution included in your September 22, 1999, agenda packet. In addition, the Mitigation Monitoring checklist has been revised. Please refer to the staff report included in your September 22. 1999, agenda packet. RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative Tract 14759 through adoption of the attached Resolution of Approval with Conditions and issuance of a Mitigated Negative Declaration. Br.e'a Buller City Planner Attachments: Exhibit "A" ~ Highlighted Resolution Change Listing Resolution of Approval with Conditions and Mitigation Monitoring Plan Item C PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 22, 1999 Page 4 3) Provide retaining walls as necessary to maximize useable rear and comer side yard areas. 4) The decorative entry monumentation shall be located completely on- site, out of the public right-of-way and shall be maintained by the Homeowners' Association. En,qineednq Division 1) Right-of-way shall be acquired for Summit Avenue from the west project boundary to East Avenue, in conjunction with the standard condition regarding condemnation. The north half shall be fully dedicated per figure 5-39 of the Etiwanda specific Plan. The south half shall be dedicated 23 feet wide as measured from the street centedine. The existing school site at the northeast comer of East Avenue and Summit Avenue is fully improved, no additional right-of- way will be required at this ocation MOVED to Env 2) .................... be Mi t. Measures ::.~3hts on both', s~das snd s~dsw-",k Gn th~ noah --~d~, to t,hs sst:,sfsct;oF, Cond #1 "' .......................... ! ................ ' '~ ....' ...... ""'- (pg C-56) ............................... ba ......... -'$ necesssry The ,2 ~ Summit Avenue within the project boundaries shall be constructed 71 feet wide, per the Etiwanda Specific Plan. Proposed additional parkways will be designed per City Standards and policies, to the satisfaction of the City Engineer. J ~ The extension of Summit Avenue northeast of the Wardman Bullock Drive intersection shall have a street right-of-way of 66 feet with a curb-to-curb street dimension of 44 feet. The southwest leg of the Summit Avenue intersection shall have a 44 foot curb-to-curb street dimension for a distance of 250 feet. MOVED to Env. Transpo tat, jo .............................................................. Cond. #4 (pg. C-56a) 5'/~ A paved roadway with a minimum of two-way traffic from Wilson Avenue to East Avenue shall be provided for at all times. /~ ,6~ The street and storm drain plans for Wilson Avenue, full width, from Wardman Bullock Road to 1,140 feet wast of the west project boundary shall be prepared, to the satisfaction of the City Engineer. / r °/ " r-s/ PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 22, 1999 Page 5 DELETED 7 ~f) Wardman Bullock Road/Young's Canyon Road within the project boundaries shall be constructed 102 feet wide, per the Etiwanda Specific Plan. Proposed additional parkways will be designed per City Standards and policies, to the satisfaction of the City Engineer. The developer shall be eligible to receive transportation fee credit and reimbursement consistent with the policy towards the portions of Wardman Bullock Road and Young's Canyon Road that are classified as backbone. g ),'f) Street "B" at the eastedy terminus shall be designed as a standard cul-de-sac, with the eastern curb face set 2 feet from the property line, standard cul-de-sac right-of-way. ? )~) The drainage issues shall be resolved, to the satisfaction of all involved agencies, prior to recordation of the Final Map as follows: a) A final drainage study shall be prepared. In addition to the design and sizing of the drainage facilities for the project, the current drainage patterns and hydrology shall be discussed. The study will determine how much flow is being routed to the Etiwanda system and how much flow to the San Sevaine system. Drainage systems proposed with this development shall not increase flows to the Etiwanda system. DELETED Moved to Standard Condition No. K2. (pg C-76) ........... :-" ....F,"MA b ,~ The ultimate regional improvements including the Upper Etiwanda Regional Mainline Channel and the debds basin north of Wilson Avenue or an spprov~ ....... fsc:.I:.ty shall be bonded for, have aRl~roved plans, and be under construction; REV[SED or interim facilIties shall be bonded for and approved. C ~ Facilities to protect the site from local flows shall be designed, to the satisfaction of the City Engineer. ~ A All necessa~ environmental clearances shall be obtained. 'The developer, at his sole expense and effort, shall acquire all easements necessary to accommodate ultimate, local, and/or interim facilities. In the event the developer is not able to acquire the necessary off-site dght-ofoway. the Final Map shall PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 22, 1999 Page 6 be disapproved per Chapter 4, Article 1, Section 66473 of the Subdivision Map Act. Maintenance responsibility of the drainage facilities that will be constructed to protect the site from local flows is undermined. Appropriate measures shall be taken to provide for the maintenance. DELETED ~' .......................................................... MOVED to Env. "" A traffic .,w ................ ~ ......................... ;ntersect;en c.f Mit Measures Transpo tation ~^':"'~ ' .............. :" "" ...... ^ .......~' .......~ ..... (pg C 56) DELETED ............. r- ........;n Parc~i Ate .......................... stra~t 70 ~) Indicate school bus stop locations. If curb lane is less than 20 feet, a bus bay shall be provided to the satisfaction of the City REV[SED Engineer. Any amendments to the tentative map resulting from the necessity of a bus bay shall be the responsibility of the developer. /I 1,6) An Etiwanda Specific Plan Amendment shall be processed to reduce the southerly parkway of Wilson Avenue from Wardman Bullock Road to 1,400 feet west of Wardman Bullock Road, where the Metropolitan Water Distdct feeder line moves to the south side of WilSon Avenue, pdor to approval of the Final Map. The parkway shall be reduced J<st -"from ~ feet to 4~rfeet and maintain the proposed meandering bike path and equestrian trail. If denied, an amended Tentative Tract Map shall be processed to indicate the required Wilson Avenue right-of- way and the new lot layout. /2- :yt) The standard parkways and trails along Wardman Bullock Road, Young's Canyon Road, Summit Avenue, and Wilson Avenue will be annexed into Landscape Maintenance Distdct No. 7. All other areas proposed for public maintenance will be annexed into the newly created district. /j l,d) The Tentative Tract will be conditioned to form and join a new assessment district, which will maintain the additional park lands and widened parkways. The district will be formed with an escalator to allow for increases in maintenance costs without a vote. 1/9) Consultant shall check with the Engineering Division for landscape design information pertaining to Wardman Bullock Road and Wilson Avenue. PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 22, 1999 Page 7 /'.f~ The Community Trail along the south project boundary shall be 20 feet wide. A connection to the existing trail to the east, constructed with Tract 13566-2, shall be designed to the satisfaction of the City Engineer. The developer shall acquire any off-site right-of- REVISED way necessary to design the trail to City Standards, prior to recordation of the Fif'm+-Mep adjacent phase of the map. //, ~ The local residential streets shall be constructed with property-line- adjacent sidewalk. 1 ? .2;Z) The developer is providing three parks as part of the project. The parks will be of varying sizes and be designed to encourage different levels of community activity. The 7.94-acre park will have a parking lot, community trail access, restroom facility, minimal ball fields, and open space. The 6.67-acre park will be a standard neighborhood park with programmed ball fields, restroom facility, parking lot, and open space. The 3.73-acre park.will be a passive park with curbside parking, a tot lot, restrooms, and open space as follows: a) A parkway trail connecting the parks shall be provided, to the satisfaction of the City Engineer. b) The tree parks shall be constructed in accordance with the recommendations of the Parks and Recreation Commission with the boundaries of the subdivision, in- lieu of payment of park fees. c) The developer shall enter into an agreement with the City to provide for the construction of the parks in-lieu of paying park fees, subject to City Council approval. d) Each park shall be fully constructed upon completion of one-half of the units within each respective parcel: the 46th unit for Parcel A, the 90th unit for Parcel B, and the 42rid unit for Parcel C. e) The Park and Recreation Commission p~ et~ shall approve the park design, including grading for REV I SED each park, prior to respective map approval. f) All dedicated park lands are to be located on non-restricted developable, unencumbered lands. This includes, but is not limited to clear title, no easements, no seismic faults, no grades greater than 10 percent, and free from flood hazard. ADDED g) It is acknowledged that the proposed location of the 7.94 acre park has a combined 2:1 and 3:1 sloe occuring on the eastern most edge. This area will Be landscaped with planter areas and cobbles to the satisfaction of the City Engineer. ~ ,8) The frontages of the parks within Parcels B and C shall be posted R26 "No Parking." Environmental Mitiqation Measures Geological Problems - All recommendations as outlined by Converse Consultants Preliminary Geotechnical Investigation of January 20. 1998. shall be complied with, including but not limited to: PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 22, 1999 Page 9 prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. c) After clearing, grading, earth moving, or excavation is completed, the entire area of disturbed soil shall be treated immediately by pickup of the Soil until the area is paved or otherwise developed so that dust generation will not occur. d) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. e) Trucks transporting soil, sand, cut or fill materials, and/or construction debris to or from the site shall be tarbed from the point of origin. 6) The construction contractor shall utilize as much as possible pre- coated natural colored building materials, water-based or Iow-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coatings application such as paint brush, hand roller, trowel, spatula, dauber, rag, or sponge. Transportation 1) Summit Avenue shall be constructed curb-to-curb including street REVISED lights on both sides and sidewalk on the north side, to the satisfaction of the City Engineer, from the west project boundary to East Avenue. Construction shall occur with the first phase of development. The utilities off-site shall be relocated as necessary. The overhead utilities on-site shall be under grounded per the City's under ground utility policy. The developer may request a reimbursement agreement to recover the cost of permanent off-site improvements from future development of the off-site properties frontlng Summit Avenue. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. REVISED ~A traffic signal shall be designed and installed for the intersection of Wilson AvenueRVardman Bullock Road and a traffic signal shall be designed for the intersection of Summit Avenue/Young's Canyon Road. The developer shall be eligible for fee credits toward and reimbursement of costs in excess of the Transportation Development Fee, in conformance with City policy. 3) A street connection to Hoppe Drive shall be provided for secondary access to Tract 13566-2. PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 22, 1999 Page 4) Summit Avenue, Young's Canyon Road, and Wardman Bullock Road shall be constructed full width, including street lights and sidewalk, within the project boundaries with the first phase of development. REVISED Completion of parkway landscaping may be deferred with phased final maps. 5) The project will be required to install frontage street improvements in their ultimate configuration, per City ordinance, and to pay Transportation Development fees for improvements within the City limits and Congestion Management Program mitigation fees for improvements outside the City limits. 6) The project's congestion Management Program/Traffic Impact Analysis (CMP/TIA) study identified traffic impacts at three locations, which will result in an unacceptable level of service unless mitigated. The TIA has also determined the amount of this project's fair share contribution to these mitigations. A cash payment in-lieu of construction as contribution for the following future projects shall be Project NO ~'F 14759 Completion Date 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. J. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District: Wilson Avenue, Wardman Bullock Road, Young's Canyon Road, Summit Avenue, interior trails and parks. 2. Public landscape areas are required to incorporate substantial areas (40%) of mortared cobble or other acceptable non-irrigated surfaces. 3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 4. All required pub!ic landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. K. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection measures shall be provided as certified by a registered Civil Engineer and appreved by the City Engineer. 2. It shall be the developer's responsibility to have the current FIRM Zone D designation ADDED removed from the project area. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to building permit issuance. 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 4. A permit from the San Bemardino County Flood Control District is required for work within its right-of-way. 5. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 6, Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street. L. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable 'IV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT NO. 14759, A RESIDENTIAL SUBDIVISION OF 358 SINGLE FAMILY LOTS AND 3 LETTERED LOTS FOR COMMON OPEN SPACE/PARKS TOTALING 18.3 ACRES ON 132 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE EAST AND WEST SIDES OF WARDMAN BULLOCK ROAD, .NORTH AND SOUTH OF SUMMIT AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 226-102-17. A. Recitals. 1. Rancho Summit has filed an application for the approval of Tentative Tract No. 14759, as described in the title of this Resolution. Hereina~er in this Resolution. the subject Tentative Tract Map request is referred to as "the application." 2. On September 22, and continued to September 29, 1999, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found. determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public headng on September 22, and continued to September 29, 1999, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located on the south side of Wilson Avenue east and west of Wardman Bullock Road and north and south of Summit Avenue with a street frontage of 1,800 feet on Wilson Avenue and lot depth of 3,300 feet and is presently improved with a derelict building foundation, an old reservoir, an olive grove, an Oak tree, and Eucalyptus windrows. The site is in a Flood Zone "D" at the southeastern area of the Etiwanda (Alluvial) Fan and slopes from north to south at approximately 3.5 percent. The elevation difference across the site is approximately 115 feet. There are two remnant drainage courses through the site that no longer carry much water due to flood control efforts to the north and west of the site. Further drainage improvements will be conducted on-site and off-site to the north and west to protect the site from flooding. Vegetation on-site includes Riversidian Alluvial Fan Scrub, which is a plant community known to support habitat for threatened and endangered species. There is a grove of Olive trees on-site, which are required to be preserved by the Etiwanda Specific Plan; and b. The property to the north of the subject site is vacant and developed with single family homes, the property to the south consists of a flood control basin, the property to the east is developed with single family homes, and the property to the west is vacant and improved with flood control facilities; and PLANNING COMMISSION RESOLUTION NO. TT 14759 - RANCHO SUMMIT September 29, 1999 Page 2 c. A Congestion Management Program/Traffic Impact Analysis has been prepared for the project to determine whether the project will cause increases in vehicle tdps or traffic congestion in excess of projections for the adopted land use. The projectwill be required to install frontage street improvements in their ultimate configuration, per City ordinance, and pay Transportation Development fees for improvements Within the City limits and Congestion Management Program mitigation fees for improvements outside the City limits. This will reduce traffic related impacts to a less than significant level; and d. The application is for subdivision purposes only, home and lot-by-lot landscape design would be reviewed with a future Development Review submittal; and e. The project is proposed to be developed under both the Basic and Optional Development Standards of the Etiwanda Specific Plan. Increased density is offset by inclusion of three public parks within the project, which will provide recreational opportunities both for future residents within the tract and for the surrounding area; and f, The project site is potential habitat for threatened or endangered species (i.e., California Gnatcatcher and San Bemardino Merriam Kangaroo Rat, respectively) and biological surveys were conducted by a permitted biologist in accordance with the United States Fish and Wildlife Service protocols. The protocol surveys concluded that the species were not found; and g. The project site is potential habitat for an endangered species, the Quino Checkerspot Butterfry, and a habitat assessment was conducted and determined that, because of a lack of host plants, the site does not support adequate habitat and the species is not present; and h. The project site contains 18.8 acres of undisturbed Riversidian Alluvial Fan Sage Scrub, the removal of which will be mitigated in an off-site mitigation land bank; and i. The project site is located within the "Wildland/Urban Interface" zone and San Bernardino County Fire Safety Oveday District; and j. The existing Eucalyptus tree windrows will be replaced with new windrow planting in conformance with the requirements of the Etiwanda Specific Plan; and k. The existing Olive trees will be transplanted to be included in on-site landscaping; and I. Air quality impacts related to construction activities will be mitigated by following techniques recommended by the South Coast Air Quality Management District; and m. The site does not fall within an identified Seismic Special Studies Zone but the Red Hill Earthquake Fault Zone lies approximately one-half mile to the north. Specialized grading methods supervised by a geologist is required to mitigate potential seismic hazards; and 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the Tentative Tract is consistent with the General Plan, Development Code, and the Etiwanda Specific Plan; and PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 3 b. The design or improvements of the Tentative tract is consistent with the General Plan, Development Code, and the Etiwanda Specific Plan; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The Tentative Tract is not likely to cause serious public health problems; and f. The design of the Tentative Tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed below as conditions of approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the Califomia Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission dudng the public headng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planninq Division 1) Provide pedestrian connections between cul-de-sac Streets "J," "O," "P," and "S" and Wardman Bullock Road. PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 4 2) For "T" intersections, plot homes to avoid headlight glare of oncoming traffic from the street as much as possible. 3) Provide retaining walls as necessary to maximize useable rear and corner side yard areas. 4) The decorative entry monumentation shall be located completely on- site. out of the public right-of-way and shall be maintained by the Homeowners' Association. Enqineerin~ Division 1) Right-of-way shall be acquired for Summit Avenue from the west project boundary to East Avenue, in conjunction with the standard condition regarding condemnation. The north half shall be fully dedicated per figure 5-39 of the Etiwanda specific Plan. The south half shall be dedicated 23 feet wide as measured from the street centerline. The existing school site at the northeast corner of East Avenue and Summit Avenue is fully improved, no additional right-of- way will be required at this location. 2) Summit Avenue within the project boundaries shall be constructed 71 feet wide, per the Etiwanda Specific Ran. Proposed additional parkways will be designed per City Standards and policies, to the satisfaction of the City Engineer. 3) The extension of Summit Avenue northeast of the Wardman Bullock Drive intersection shall have a street right-of-way of 66 feet with a curb-to-curb street dimension of 44 feet. 4) The southwest leg of the Summit Avenue intersection shall have a 44 foot curb-to-curb street dimension for a distance of 250 feet. 5) A paved roadway with a minimum of two-way traffic from Wilson Avenue to East Avenue shall be provided for at all times. 6) The street and storm drain plans for Wilson Avenue, full width, from Wardman Bullock Road to 1,140 feet west of the west project boundary shall be prepared, to the satisfaction of the City Engineer. 7) Wardman Bullock Road/Young's Canyon Road within the project boundaries shall be constructed 102 feet wide, per the Etiwanda Specific Plan. Proposed additional parkways will be designed per City Standards and policies, to the satisfaction of the City Engineer. The developer shall be eligible to receive transportation fee credit and reimbursement consistent with the policy towards the portions of Wardman Bullock Road and Young's Canyon Road that are classified as backbone. 8) Street "B" at the easterly terminus shall be designed as a standard cul-de-sac, with the eastern curb face set 2 feet from the property line, standard cul-de-sac right-of-way. PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 5 9) The drainage issues shall be resolved, to the satisfaction of all involved agencies, prior to recordation of the Final Map as follows: a) A final drainage study shall be prepared. In addition to the design and sizing of the drainage facilities for the project, the current drainage patterns and hydrology shall be discussed. The study will determine how much flow is being routed to the Etiwanda system and how much' flow to the San Sevaine system. Drainage systems proposed with this development shall not increase flows to the Etiwanda system. b) The ultimate regional improvements including the Upper Etiwanda Regional Mainline Channel and the debris basin north of Wilson Avenue shall be bonded for, have approved plans, and be under construction; or interim facilities shall be bonded for and approved. c) Facilities to protect the site from local flows shall be designed, to the satisfaction of the City Engineer. d) All necessary environmental clearances shall be obtained. e) The developer, at his sole expense and effort, shall acquire all easements necessary to accommodate ultimate, local, and/or interim facilities. In the event the developer is not able to acquire the necessary off-site right-of-way, the Final Map shall be disapproved per Chapter 4, Article 1, Section 66473 of the Subdivision Map Act. f) Maintenance responsibility of the drainage facilities that will be constructed to protect the site from local flows is undetermined. Appropriate measures shall be taken to provide for the maintenance. 10) Indicate school bus stop locations. If curb lane is less than 20 feet, a bus bay shall be provided to the satisfaction of the City Engineer. Any amendments to the tentative map resulting from the necessity of a bus bay shall be the responsibility of the developer. 11 ) An Etiwanda Specific Plan Amendment shall be processed to reduce the southerly parkway of Wilson Avenue from Wardman Bul lock Road to 1,400 feet west of Wardman Bullock Road, where the Metropolitan Water Distdct feeder line moves to the south side of Wilson Avenue, prior to approval of the Final Map. The parkway shall be reduced from 65 feet to 38 feet and maintain the proposed meandering bike path and equestrian trail. If denied, an amended Tentative Tract Map shall be processed to indicate the required Wilson Avenue right-of- way and the new lot layout. 12) The standard parkways and trails along Wardman Bullock Road, Young's Canyon Road, Summit Avenue, and Wilson Avenue will be annexed into Landscape Maintenance District No. 7. All other areas proposed for public maintenance will be annexed into the newly created district. PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 6 13) The Tentative Tract will be conditioned to form and join a new assessment district, which will maintain the additional park lands and widened parkways. The distdct will be formed with an escalator to allow for increases in maintenance costs without a vote. 14) Consultant shall check with the Engineering Division for landscape design information pertaining to Wardman Bullock Road and Wilson Avenue. 15) The Community Trail along the south project boundary shall be 20 feet wide. A connection to the existing trail to the east, constructed with Tract 13566-2, shall be designed to the satisfaction of the City Engineer. The developer shall acquire any off-site right-of- way necessary to design the trail to City Standards, prior to recordation of the adjacent phase of the map. 16) The local residential streets shall be constructed with property-line- adjacent sidewalk. 17) The.developer is providing three parks as part of the project. The parks will be of varying sizes and be designed to encourage different levels of community activity. The 7.94-acre park will have a parking lot, community trail access, restroom facility, minimal ball fields, and open space. The 6.67-acre park will be a standard neighborhood park with programmed ball fields, restroom facility: parking lot, and open space. The 3.73-acre park will be a passive park with curbside parking, a tot lot, restrooms, and open space as follows: a) A parkway trail connecting the parks shall be provided, to the satisfaction of the City Engineer. b) The tree parks shall be constructed in accordance with the recommendations of the Parks and Recreation Commission with the boundaries of the subdivision, in- lieu of payment of park fees. c) The developer shall enter into an agreement with the City to provide for the construction of the parks in-lieu of paying park fees, subject to City Council approval. d) Each park shall be fully constructed upon completion of one-half of the units within each respective parcel: the 46th unit for Parcel A, the 90th unit for Parcel B, and the 42rid unit for Parcel C. e) The Park and Recreation Commission shall approve the park design, including grading for each park, pdor to respective map approval. f) All dedicated park lands are to be located on non-restricted developable, unencumbered lands. This includes, but is not limited to clear title, no easements, no seismic faults, no grades greater than 10 percent, and free from flood hazard. d -/"/ PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 7 g) It is acknowledged that the proposed location of the 7.94 acre park has a combined 2:1 and 3:1 slope occuring on the eastern most edge. This area will be landscaped with planter areas and cobbles to the satisfaction of the City Engineer. h) The frontages of the parks within Parcels B and C shall be posted R26 "No Parking." Environmental Mitiqation Measures Geological Problems - All recommendations as outlined by Converse Consultants Preliminary Geotechnical Investigation of January 20, 1998, shall be complied with, including but not limited to: 1) Site grading, in general, shall include removal and replacement as processed compacted flits of all undocumented fill materials, flood control dikes, and the upper 2 to 5 feet of top soils and alluvial fan deposits. Deeper removal may be required along the locally active channels within natural drainage areas. Site grading would involve removal and disposal, or on-site crushing, of considerable amounts of oversize material comprising cobbles and boulders. Site preparation would also include removal and disposal of vegetation, weeds, brush, trees, debris piles, buried irrigation pipes, and the concrete water tank. 2) Additional investigation and geotechnical exploration shall occur during site grading to assess collapse potential of matrix material comprising silty sand with gravel and gravelly sand materials. 3) A detailed geotechnical investigation report, including detailed site grading and preliminary foundation design and construction recommendations, shall be prepared and submitted for review by the City, pdor to issuance of grading permits. Air Quality 1) The construction contractor shall select the construction equipment used on-site based on low emission factors and high energy efficiency. The construction contractor shall ensure that construction Grading Plans include a statementthat all construction equipment will be tuned and maintained in accordance with the manufacturers specifications. 2) The construction contractor shall utilize electric or diesel-powered equipment in lieu of gasoline-powered engines where feasible. 3) The construction contractor shall ensure that construction Grading Plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October). the overall length of the construction pedod should be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 8 4) The construction contractor shall support and encourage ride shadng and transit incentives for the construction crew. 5) Dust generated by the development activities shall be retained on-site and kept to a minimum by following the dust control measures listed below: a) During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b) During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. c) After clearing, grading, earth moving, or excavation is completed, the entire area of disturbed soil shall be treated immediately by pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. d) Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. e) Trucks transporting soil, sand, cut or fill materials, and/or construction debris to or from the site shall be tarped from the point of origin. 6) The construction contractor shall utilize as much as possible pre- coated natural colored building materials, water-based or Iow-VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coatings application such as paint brush, hand roller, trowel, spatula. dauber, rag, or sponge. Transportation 1) Summit Avenue shall be constructed curb-to-curb including street lights on both sides and sidewalk on the north side, to the satisfaction of the City Engineer, from the west project boundary to East Avenue. Construction shall occur with the first phase of development. The utilities off-site shall be relocated as necessary. The overhead utilities on-site shall be under grounded per the City's under ground utility policy. The developer may request a reimbursement agreement to recover the cost of permanent off-site improvements from future development of the off-site properties fronting Summit Avenue. If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 9 2) A traffic signal shall be designed and installed for the intersection of Wilson Avenue/Wardman Bullock Road and a traffic signal shall be designed for the intersection of Summit Avenue/Young's Canyon Road. The developer shall be eligible for fee credits toward and reimbursement of costs in excess of the Transportation Development Fee, in conformance with City policy. 3) A street connection to Hoppe Drive shall be provided for secondary access to Tract 13566-2. 4) Summit Avenue, Young's Canyon Road, and Wardman Bullock Road shall be constructed full width, including street lights and sidewalk, within the project boundaries with the first phase of development. Completion of parkway landscaping may be deferred with phased final maps. 5) The project will be required to install frontage street improvements in their ultimate configuration, per City ordinance, and to pay Transportation Development fees for improvements within the City limits and Congestion Management Program mitigation fees for improvements outside the City limits. 6) The project's 'congestion Management Program/Traffic Impact Analysis (CMP/TIA) study identified traffic impacts at three locations, which will result in an unacceptable level of sen/ice unless mitigated. The TIA has also determined the amount of this project's fair share contribution to these mitigations. A cash payment in-lieu of construction as contribution for the following future projects shall be paid, prior to the issuance of building permits or Final Map approval, whichever occurs first, in the following amounts: Amount Recipient A~ency Future Project $16,037 City of Rancho Cucamonga Installation of a future traffic signal at the intersection of Cherry Avenue and Young's Canyon Road. $12,264 City of Fontana Installation of a future traffic signal at the intersection of Cherry Avenue and Summit Avenue/I-15 Freeway frontage road. $17,792 City of Fontana Installation of a future traffic signal at the intersection of Cherry Avenue and Carter Avenue. Water/Flooding 1) The absorption rate will be altered because of the paving and hard scape proposed. Runoff created by development of the site will be mitigated through the installation of a storm drain -/7 PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 10 system, which will collect flows at the southwest comer of the site and outlet into the San Sevaine Basin. Additionally, the applicant is proposing to protect the site from runoff using drainage facilities. A final drainage study will be prepared and reviewed for the design of the facility, prior to recordation of the Final Tract Map. If the applicant cannot acquire off-site property interests necessary to build the drainage facilities, the developer waives his dght to recordation of the Final Map. Biological Resources 1) All of the existing Olive trees on-site deemed worthy of transplantation by a certified arborist shall be transplanted to be included in on-site landscaping. 2) The existing Eucalyptus windrow along the east project boundary shall be preserved and protected in-place as it serves a significant buffering function. Individual trees within the windrow may be removed if they are found to be diseased, - dead, or dangerous in the future subject to replacement at a ratio of 1:1 with minimum 5-gallon Eucalyptus Maculata at 8 feet on center per the Etiwanda Specific Plan. 3) Eucalyptus windrows removed to accommodate the project shall be replaced with new windrow planting of minimum 5-gallon Eucalyptus Maculata at 8-foot spacing at a rate of 50 linear feet of new windrow per acre. 4) The Coast Live Oak tree shall either be preserved in-place or transplanted on-site. If the tree is damaged dudng transplantation or construction, it may be replaced with a minimum 48-inch box sized Coast Live Oak tree. 5) Purchase and preserve (in perpetuity) off-site lands, such as expanding the North Etiwanda Habitat Preserve, to provide substitute resources at a ratio of 1:1 for the undisturbed Riversidian Alluvial Fan Sage Scrub that would be lost through project implementation. Hazards 1 ) The site falls within the "Wildland/Urban Interface" zone and is therefore subject to fire hazard mitigation requirements such as vegetation management, specialized home construction methods. and other requirements to comply with the Rancho Cucamonga Fire Distdct's Standards for the high fire hazard zone. Cultural Resources 1 ) Per the recommendations of RMW Archeological Survey report dated December 1998, grading/ground disturbing activities in the northern half of the site shall be monitored by an PLANNING COMMISSION RESOLUTION NO. TT 14759 - Rancho Summit September 29, 1999 Page 11 archaeologist due to the possibility that sub-surface deposits of historic era remains could be located on-site. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS ~DDDAY OF SEPTEMBER 1999. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Larry T. McNiel, Chairman ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22,,ff'a day of September 1999, by the following vote-to-wit: ,~..~7'~ AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract 14759 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081,6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as irnpact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action. what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. An MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program TT 14759 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department Will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and 'a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mffigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Community Development Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III). Project File No.: Tentative Tract 14759 Applicant: Rancho Summit. Initial Study Prepared by: Brent Le Count Date: August 31, 1999 , · ;., ~. Geologic Problems ' !?~;' '~ . Site grading shall include removal &replacement of BO C Ongoing NC 2/4 undocumented fill materials. flood control dikes. top soils& all fan deposits Additional investigation & geotechnical exploration BO C Ongoing A/C 2/4 during site grading to access collapse potential Geotechnical report of grading, foundation design & BO B Prior to C 2 construction recommendations construction permits Water Installation of storm drain system &final drainage CE B Final map D 1 study recordation Air Quality Selection of low-emission construction equipment. CP/BO B/C Plan check C/A 2/4 Utilization of electric or diesel-powered equipment CP/BO C Ongoing A 4 where feasible Grading Plans state equipment shut off when not in CP/BO C Plan check C 2 use. Extend construction period during smog season (May-October) Ride sharing & transit incentives encouraged for CP/BO C Ongoing A 4 construction crew Dust control measures to be utilized CP/BO C Ongoing A 4 Utilization of preocoated natural colored building CPIBO B/C Ongoing A 4 materials where possible and, low pollution coatings and application methods MITIGATION MONITORING CHECKLIST FOR TENTATIVE TRACT 14759 Page 2 Transportation/Circulation Summit Avenue construction including street lights & CE A I st phase A 3/4 sidewalk construction Design &installation of traffic signal at Wilson Ave./ CE B Construction A 3/4 Wardman Bullock Rd. and design of signal for Summit Ave./Young's Canyon Rd. Provide street connection to Hoppe Drive for access CE B Construction AJC 3/4 to Tract 13566-2 Construction of Summit Ave., Young's Canyon Rd., & CE A 1 st phase A 3/4 Wardman Bullock Rd. including street lights & construction sidewalk Fair share cash payment to proper agency with CE B Prior to D 1/2 respect to CMP/TIA study: issuance of · $16,037 to City of Rancho Cucamonga for traffic building signal at Cherry AveJYoung's Canyon Rd. permits or ' · $12,264 to City of Fontana for traffic signal at Final Map Cherry Ave. &Summit Ave./I-15 Freeway approval, .' frontage road whichever $17,792 to City of Fontana for traffic signal at occurs first Cherry Ave./Carter Ave. Biological Resources Transplantation of healthy Olive trees CP B/C Prior to NC 2/4 grading permit Preservation of Eucalyptus windrow along east CP B/C Prior to A/C 2/4 boundary and replacement of diseased trees within grading same permit Replacement of Eucalyptus windrows removed to CP B/C Prior to A/C 2/4 accommodate project grading permit MITIGATION MONITORING CHECKLIST FOR TENTATIVE TRACT 14759 Page 3 Preservation or transplantation of Coast Live Oak CP B/C Prior to 2/4 tree grading ~ermit Purchase and preservation of off-site habitat for CP B Prior to 2 Riversidian Alluvial Fan Sage Scrub permits Fire hazard mitigation FC B/C/D Plan check NC 2 Archaeologist to monitor grading/ground disturbing CP/BO C Ongoing A 2/4 activities in northern half of site t Key to Checklist Abbreviations Responsible Person Monltorln~l .Frequent/ Method of Verification Sanctions CDD - Community Development Director A - With Each New Development A - On-site Inspection I - Withhold Recordation of Final Map CP - City Planner or designee B - Pdor To Construction B - Other Agency Permit / Approval 2 - Withhold Grading or Building Permit CE - City Engineer or designee C - Throughout ConstrucUon C - Plan Check 3 - Withhold Certificate of Occupancy BO - Building Official or designee D - On Completion D - Separate Submittal (Reports / Studies / Plans) 4 * Stop Work Order PO - Police Captain or designee E - Operating 5 - Retain Deposit or Bonds FC - Fire Chief or designee 6 - Revoke CUP h\PLANNING\FINAL\CEQA~mmChktSt-SAMPLE.wpd COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Tentative Tract 14759 SUBJECT: Sinfile family subdivision APPLICANT: Lennar Homes LOCATION: south side Wilson Avenue at Wardman Bullock Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLAN NING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ~A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's' fees which the City, its agents, officers. or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. Subdivision approval shall expire, unless extended by the Ranning Commission, if building permits are not issued or approved use has not commenced within 3 years from the date of approval. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. 2. All site, grading, landscape, irrigation, and street improvement plans shalt be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, Proiect NO ~ 14759 Completion Date building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 3. Approvat of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances. and applicable Community or Specific Plans in effect at the time of building permit issuance. 4. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to (he satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. 5. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 6. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 7. The developer shall submit a construction access plan and schedule for the development of all lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 8. ' Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notif'/, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/fences along the project's perimeter. 9. For single family residential development, a 2-inch galvanized pipe shall be attached to each support post for all wood fences, with a minimum of two ~-inch lag bolts, to withstand high winds. Both post and pipe shall be installed in an 18-inch deep concrete footing. Pipe shall extend at least 4 feet, 6 inches above grade. 10. Wood fencing shall be treated with stain, paint, or water sealant. 11. Slope fencing along side property lines may be wrought iron or black plastic coated chain link to maintain an open feeling and enhance views. 12. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. 13. For residential development, return walls and corner side walls shall be decorative masonry. 14. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured products. Project NO TT 14759 Completion Date D. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, .and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. in addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5- gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 5. For single family residential development, all slope planting and irrigations shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 6. Front yard and corner side yard landscaping and irrigation shall be required per the Development Code and/or Etiwanda Specific Plan. This requirement shall be in addition to the required street trees and slope planting. 7. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 8. Special landscape features such as mounding, alluvial rock, specimen size trees, Olive tree relocation, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Summit Avenue and Wardman Bullock Road. 9. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. 10. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building perm its. These criteria shall encourage the natural growth characteristics of the selected tree species. 11. Landscaping and irrigation shall be designed to conserve water (for model homes only) through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code, Project No TT 14759 Completion Date 12. New windrow planting of Eucalyptus Maculata (Spotted Gum) is required at a ratio of 50 linear feet per acre. The size, spacing, staking, and irrigation of these trees shall compJy with the City's Tree Preservation Ordinance (RCMC 19.08.100). E. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee aqceptable to the City Planner in the amount of $719.00, prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the City Planner prior to issuance of building permits. Said program shall identity the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. Site Development 1. P~ans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., TT 14759). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permitand Plan Checking Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3.Street addresses shall be provided by the Buildin9 Official, after tractJparcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. G. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2.A soils report shall be p. repared by a qualified engineer licensed by the State of California to perform such work. 3. The final grading plans shall be completed and approved prior to issuance of building permits. Project No TT 14759 Completion Date 4. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT. THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: H. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 48 total feet on Wilson Avenue east of Wardman Bullock Road 79 total feet on Wilson Avenue west of Wardman Bullock Road subject to Plan Amendment 3. Corner property line cutoffs shall be dedicated per City Standards. 4. Vehicular access rights shall be dedicated to the City for the following streets, except for approved openings: Wilson Avenue, Summit Avenue, Wardman Bullock Road, Young's Canyon Road. 5. ' All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 6. Additional street right-of-way shall be dedicated along right turn lanes, and bus bays, to provide __ aminimumof7feetmeasuredfromthefaceofcurbs. Ifcurbadjacentsidewalkisusedalong the right turn lane, a parallel street tree maintenance easement shall be provided. 7. The developer shall make a good faith effort to acquire the required off-site property interests necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acqu ires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: Summit Avenue. I. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.)'shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. Project NO TT 14759 Completion Date 2. Construct the following perimeter street improvements including, but not limited to: Curb & A,C. Side- Ddve Street Street Comm Median Bike Other Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail -1taxi u[ Wardman Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided forthis item. (e-~ ...;,...2,,,.j.c,,~/t.. , 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing. street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Notes: (1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. L Project NO TT 14759 Completion Date 4.Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for atl project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. J. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District: Wilson Avenue, Wardman Bullock Road, Young's Canyon Road, Summit Avenue, interior trails and parks. 2. Public landscape areas are required to incorporate substantial areas (40%) of mortared cobble or other acceptable non-irrigated surfaces. 3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 4. All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. K. Drainage and Flood Control 1. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer. 2. It shall be the developer's responsibility to have the current FIRM Zone D designation removed from the project area. The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations. A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of building permits, whichever occurs first. A Letter of Map Revision (LOMR) shall be issued by FEMA prior to building permit issuance. 3. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 4. A permit from the San Bemardino County Flood Control District is required for work within its right-of-way. 5.Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. 6. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin en the public street. Project No TT 14759 Completion Date L. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San BernardinD. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. M. General Requirements and Approvals 1. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 2. Permits shall be obtained from the following agencies for work within their right-of-way: San Bernardino County Flood Control. 3. A signed consent and waiver form to join and/or form the Law Enforcement Community Facilities District shall be filed with the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. Formation costs shall be borne by the Developer. 4. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new street lights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 5. Prior to finalization of any development phase, sufficient improvement plans shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map. APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: N. General Fire Protection Conditions 1. Mello RoDs Community Facilities District requirements shall apply to this project. The developer shall commence, participate in, and consummate or cause to be commenced, participated in, or consummated, a Mello-Roos Community Facilities District (CFD)for the Rancho Cucamonga Fire Protection District to finance construction and/or maintenance of a fire station to serve the development. The CFD shall be formed by the District and the developer by the time recordation of the final map occurs. 2. Fire flow requirement shall be: 1,500 gallons per minute, Per '97 UFC Appendix Ill-A, 3, (b) (Increase). a. A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. 8 L Project No TT ~ 4759 Completion Date b. For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by fire department personnel after construction and prior to occupancy. 3. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed, and operable prior to delivery of any combustible building materials on site (i .e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel. 4. Existing fire hydrant locations shall be provided prior to water: plan approval. Required hydrants, if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on approved brands and model numbers. 5. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. 6. Roadways within project shall comply with the Fire District's fire lane standards, as noted: X All roadways per Rancho Cucamonga Fire Protection District Ordinance 32. X Other: Wildland interface requirements. 7. Fire department access shall be amended to facilitate emergency apparatus. 8. All trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up, so as not to impede fire apparatus. 9. Fire District fee(s), plus a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District as follows: $132 for Single Family Residential Tract (per phase). 10. Project is located in a high fire hazard area and is subject to special wildland/urban interface hazard mitigation requirements. Such requirements may include requirements related to vegetation management plans, special construction enhancements, emergency access, water supply, automatic fire extinguishing systems, and other special requirements. AN EXTRA SET OF PLANS IS REQUIRED TO BE SUBMITTED TO THE BUILDING AND SAFETY DEPARTMENT AT THE TIME OF BUILDING PLAN SUBMITTAL. THE BUILDING AND SAFETY DEPARTMENT COORDINATES ALL PLAN SUBMITTALS AND WILL FORWARD THE EXTRASET TO THE FIRE PREVENTION NEW CONSTRUCTION UNIT FOR FIRE PLAN REVIEW. If you have any questions regarding your plan review in fire, please contact the Fire Prevention New Construction Unit located in the Building and Safety Department at (909) 477-2730. Please refer to September 22, 1999, agenda packet for Staff Reports and Resolutions ITEMS D through G