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Home My WebLink AboutReso 23-10RESOLUTION NO. 23-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2023-00022, A REQUEST TO REDUCE THE NON-RESIDENTIAL REQUIREMENT FOR MIXED -USE PROJECTS FOR A SITE ON 4.46 ACRES OF LAND NEAR THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE IN THE CORRIDOR 1 (CO1) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0207- 211-43 AND -44. A. Recitals. 1. Leap Development, LLC filed an application for the issuance of Variance DRC2023- 00022, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 26th day of April 2023, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 hearing on April 26, 2023, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to a vacant site located near the southwest corner of Vineyard Avenue and Foothill Boulevard containing a site area of approximately 4.46 acres; and b. The existing land use, General Plan designation, and Zones for the project site and adjacent properties are as follows: Land Use General Plan Zone Site Vacant & Existing Mixed -Use City Corridor Corridor 1 (C01) Commercial Center Moderate North Commercial Center Mixed -Use City Corridor Corridor 1 (CO1) Moderate South Multi -Family Development Suburban Neighborhood Medium (M) Residential East Multi -Family Development Mixed -Use City Corridor Moderate Corridor 1 (CO1) West Single -Family Residences Suburban Neighborhood Corridor 1 (CO1) PLANNING COMMISSION RESOLUTION NO. 23-10 VARIANCE DRC2023-00022 — LEAP DEVELOPMENT, LLC April 26, 2023 Page 2 c. The Variance request is related to the construction of a multi -family development comprising 160 residential units and 1 live -work unit with 745 square feet of commercial lease area; and d. The project was reviewed by the Design Review Committee on February 28, 2023. The Committee approved the project as presented. 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 I and 2 above, this Commission hereby specifically finds and concludes as follows: a. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this code. The project site is located in the CO1 Zone which is intended for the development of projects with a mix of residential and non-residential land uses. Requiring the project to provide a 20 percent non-residential land use mix would create a physical hardship as the project site does not include either a street frontage or street visibility making leasing the non-residential floor area difficult; and b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. The subject project site is exceptional in that it is located behind an existing commercial center and lacks street visibility and street signage rights which are generally prerequisites for the development and success of non-residential land uses; and c. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. The project's site's lack of street frontage or visibility makes developing the site with a 20 percent non-residential land use mix unfeasible depriving the applicant of property development right enjoyed by other property owners in the same zone; and d. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Developing the project site without the required 20 percent non-residential land use mix would not constitute a special privilege in that the project site is adjacent to a commercial center which taken together will fulfill the intent of the COI Zone by creating a mixed -use development that transitions existing auto -oriented corridors and places to vibrant areas that promote walkability; and e. The granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. A CEQA Section 15183 Compliance Memorandum was prepared for the project that demonstrates that the project would not have an impact on the environment not already contemplated in the General Plan EIR. 4. Based upon the facts and information contained in the CEQA Guidelines Section 15183 Compliance Memorandum, 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 based upon the findings as follows: PLANNING COMMISSION RESOLUTION NO. 23-10 VARIANCE DRC2023-00022 — LEAP DEVELOPMENT, LLC April 26, 2023 Page 3 a. The City of Rancho Cucamonga adopted a comprehensive update to the City's General Plan (GP) and certified a Program Environmental Impact Report (EIR) (SCH No. 2021050261) on December 15, 2021. As part of the GPU, the Project site was designated for "Mix -Use City Corridor Moderate" land use, which allows for residential development at densities ranging from 24 to 42 dwelling units per acre (dulac) and non-residential development at a Floor Area Ratio (FAR) ranging from 0.4 to 1.0. According to Section 15168 of the CEQA Guidelines, a Program EIR may be prepared on a series of actions that can be characterized as one large project. Use of a Program EIR gives the Lead Agency an opportunity to consider broad policy alternatives and program -wide mitigation measures, as well as greater flexibility to address project -specific and cumulative environmental impacts on a comprehensive scale. b. Pursuant to Section 15183(c) of the State CEQA Guidelines, "if an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards... then an additional EIR need not be prepared for the project solely on the basis of that impact." The 4.46-acre property is designated by the City's General Plan for "Mixed -Use City Corridor Moderate" land uses. The proposed Project is consistent with the site's GPU land use designation of "Mixed -Use City Corridor Moderate" except for a request for a variance to reduce the non-residential land use requirement and would be consistent with all other applicable GP policies. Therefore, no subsequent or supplemental EIR is required for the proposed project. C. To demonstrate that no subsequent EIR or environmental review is required, a CEQA Section 15183 Compliance Memorandum dated April 4, 2023, was prepared by Michael Baker International (Exhibit D — CEQA Section 15183 Compliance Memorandum). Staff evaluated this memorandum and concluded that the project is within the scope of the EIR adopted and certified as part of the City's GP on December 15, 2021. The project will not have one or more significant effects not discussed in the GP EIR, nor have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. 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 in the attached Conditions of Approval. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 26TH DAY OF APRIL 2023. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Bry9 Dopp, Chairman t ! ATTEST: f i Matt Mari ez, Secretary PLANNING COMMISSION RESOLUTION NO. 23-10 VARIANCE DRC2023-00022 — LEAP DEVELOPMENT, LLC April 26, 2023 Page 4 I, Matt Marquez, 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 261h day of April 2023, by the following vote -to -wit: AYES: COMMISSIONERS: DOPP, WILLIAMS, MORALES, BOLING, DANIELS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Conditions of Approval RANCHO CUCAMONGA Community Development Department Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Please he advised of the following Special Conditions 1. The project shall comply with all mitigation measures outlined in the CIEQA Section 15183 Compliance Memorandum dated April 4, 2023, prepared by Michael Baker International 2. Garage/carport structures shall have materials, finishes, trim, and colors that match the corresponding elements of the primary building of a multi -family residential development or the main dwelling unit of a single-family residential development. 3. The project shall remain in compliance with the parking management plan at all times. In the event of any observed parking violations to the parking management plan, the City reserves the right to require the preparation of off -site, on -street parking restrictions such as, but not limited to, no parking signage, time -limit parking signage, red curb, any necessary street repairs/improvements, or the establishment of the parking district at the cost of the property owner/developer. 4. The applicant shall work with the San Bernardino County Flood Control District to construct an ADA-compliant pedestrian connection between the proposed access gate along the west property line of the project site and the Cucamonga Creek Trail. The access gate to the multi -use trail shall remain open for access through the project by the general public. Standard Conditions of Approval 5. The applicant shall sign the Statement of Agreement and Acceptance of Conditions of Approval provided by the Planning Department. The signed Statement of Agreement and Acceptance of Conditions of Approval shall be returned to the Planning Department prior to the submittal of grading/construction plans for plan check, request for a business license, and/or commencement of the approved activity. www.CityofRC.us Printed: 4/27/2023 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning Department Standard Conditions of Approval 6. The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, those City agents serving as independent contractors in the role of City officials and instrumentalities thereof (collectively "Indemnitees"), from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to, arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such actions are brought under the California Environmental Quality Act (CEQA), State Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1,094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. This indemnification provision expressly includes losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to this approval, the Planning and Economic Development Director's actions, the Planning Commission's actions, and/or the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that the applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 7. Copies of the signed Planning Commission Resolution of Approval or Approval Letter, Conditions of Approval, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 8. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption fee in the amount of $50.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing or within 5 days of the date of project approval. 9. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 2 years from the date of approval or a time extension has been granted. 10. For multiple -family development, provide exterior lockable storage space as required by the California Green Building Code. www.CityofRC.us Printed: 4/2712023 Page 2 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Planning_ Department Standard Conditions of Approval 11. 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 Planning and Economic Development Director and Engineering Services Department review and approved prior to the issuance of Building Permits. 12. For multiple -family development, laundry facilities shall be provided as required by the Development Code. 13. A detailed on -site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning and Economic Development Director and Police Department (909-477-2800) prior to the issuance of Building Permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 14. All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. 15. All parking lot landscape islands shall have a minimum outside dimension of 6 feet. 16. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a curb stop). 17. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 18. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 19. For multi -family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on -site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 20. 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 Planning and Economic Development Director review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 21. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 22. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Planning and Economic Development Director review and approval prior to issuance of Building Permits. www.CityofRC.us Printed: 4127/2023 Page 3 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name Location: Foothill & Vineyard Mixed Use 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. Planning Department Standard Conditions of Approval 23. This project is subject to public art requirement outlined in Chapter 17.124 of the Development Code. Prior to the issuance of building permits (for grading or construction), the applicant shall inform the Planning Department of their choice to install public art, donate art or select the in -lieu option as outlined in 17.124.020.D. If the project developer chooses to pay the in -lieu fee, the in -lieu art fee will be invoiced on the building permit by the City and shall be paid by the applicant prior to building permit issuance. If the project developer chooses to install art, they shall submit, during the plan check process, an application for the art work that will be installed on the project site that contains information applicable to the art work in addition to any other information as may be required by the City to adequately evaluate the proposed the art work in accordance with the requirements of Chapter 17.124. If the project developer chooses to donate art, applications for art work donated to the City shall be subject to review by the Public Art Committee which shall make a recommendation whether the proposed donation is consistent with Chapter 17.124 and final acceptance by the City Council. No final approval, such as a final inspection or the a issuance of a Certificate of Occupancy, for any development project (or if a multi -phased project, the final phase of a development project) that is subject to this requirement shall occur unless the public art requirement has been fulfilled to the satisfaction of the Planning and Economic Development Department. Engineering Services Department Standard Conditions of Approval 1. 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. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 3. A permit from the San Bernardino County Flood Control District is required for work within its right-of-way. 4. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of Building Permits. www.CityofRC.us Printed: 4l27I2023 Page 4 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: Project Type 8833 FOOTHILL BLVD - 020721143-0000 Design Review Variance ALL OF THE FOLLOWING C6ND1TIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 5. ** CD Information Required Prior to Sign -Off for Building Permit Prior to the issuance of building permits, if valuation is greater or equal to $100,000, a Diversion Deposit and a related administrative fee shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 65% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Applicant must identify if they are self -hauling or utilizing Burrtec prior to issuance of a building permit. Proof of diversion must be submitted to the Environmental Engineering Division within 60 days following the completion of the construction and 1 or demolition project. Contact Marissa Ostos, Environmental Engineering, at (909) 774-4062 for more information. Instructions and forms are available at the City's website, www.cityofrc.us, under City Hall 1 Engineering I Environmental Programs 1 Construction & Demolition Diversion Program. 6. The developer shall provide proof of access to Foothill and Vineyard via easements or CC&R's, or obtain an easement, or agreement, for joint use driveways for access to Foothill Boulevard and Vineyard Avenue shall be provided prior to final map approval or issuance of Building Permits, whichever occurs first. 7. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. www.CityofRC.us Printed: 4127/2023 Page 5 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: Project Type: 8833 FOOTHILL BLVD - 020721143-0000 .. ..._..... Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Engineering Services Department Standard Conditions of Approval 8. 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 Engineering Services Department 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 pvc with pull rope or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per latest ADA 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 Planning Manager prior to submittal for first plan check. 9. Street improvement plans per City Standards for all private streets shall be provided for review and approval by the City Engineer. Prior to any work being performed on the private streets, fees shall be paid and construction permits shall be obtained from the Engineering Services Department in addition to any other permits required. 10. All public improvements, if any, (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. 11. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of Building Permits whichever occurs first. Formation costs shall be borne by the developer. 12. The developer shall be responsible for the relocation of existing utilities as necessary. www.CityofRC.us Printed: 412712023 Page 6 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT; Engineering Services Department Standard Conditions of Approval 13. 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. 14. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. 15. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD 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. Fire Prevention 1 New Construction Unit Standard Conditions of Approval 1. Required alarm systems and supervision systems are required to be in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 2. Fire suppression systems are required to be monitored in accordance with Fire District Standard 9-3. The Standard has been uploaded to the Documents section. 3. Plans for the alarm and/or supervision (monitoring) system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 4. Plans for the private, onsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 5. Plans for the public, offsite fire underground water infrastructure are required to be submitted separately and issued a separate permit. Plans are required to be submitted prior to or concurrently with the submittal of the Water District mylars. Submit all plans to the Building & Safety Department for routing to the Fire District. 6. Plans for the automatic fire sprinkler system are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. 7. Plans for suppression systems are required to be submitted separately and issued a separate permit. Submit all plans to the Building & Safety Department for routing to the Fire District. www.CityofRC.us Printed: 4I2712023 Page 7 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention 1 New Construction Unit Standard Conditions of Approval 8. Emergency responder radio coverage is required for the building (s) included in this project. San Bernardino County Information Services Department (ISD) conducts radio signal strength assessments for the entire county. It is highly recommended that a radio signal strength assessment is completed for this project. Where emergency responder radio coverage is determined to meet the requirements of the California Fire Code, an emergency responder radio system and/or associated equipment will not be required. Please contact Tim Trager with County ISD at 909-388-5563 or ttrager@isd.sbcounty.gov to schedule an assessment and/or obtain any available information about the project site. Where the existing emergency responder radio coverage is found to be below acceptable standards, an emergency responder radio system and associated equipment will be required to be provided in compliance and accordance with the California Fire Code. 9. Fire extinguishers are required in accordance with Section 906 of the California Fire Code. Consult with the Fire Inspector for the -correct type, size, and exact installation locations. 10. Fire flow information for this project is obtained from the Cucamonga Valley Water District (CVWD). CVWD can be reached at 909-944-6000 or custserv@cvwdwater.com. 11. Fire flow is required to be in accordance with Appendix B of the California Fire Code. The Fire District has adopted the appendix without local amendments except that the minimum fire flow for commercial buildings shall not be less than 1500 gpm. Proof of the availability of the required fire flow must be provided to the Fire District in the form of a letter or written report dated within the past 12 months. 12. Coordinate landscaping with the roof access ladder points and address signage. Landscaping cannot obstruct roof access or clear visibility of address signage from time of installation to maturity of the shrubs and trees. 13. A Knox Box key box is required in accordance with Fire District Standard 5-9. Additional boxes may be required depending on the size of the building, the location of fire protection and life safety system controls, and the operational needs of the Fire District. The Standard has been uploaded to the Documents section. If an installed Knox Box is available to this project or business, keys for the building/suite/unit are required to be provided to the Fire Inspector at the final inspection. 14. Due to the type of construction, construction materials, the floor area of the project, and known risks associated with projects of this nature, a Fire Protection and Site Safety plan is required to be implemented when combustible construction materials are delivered to the site, with the exception of foundation form materials. The Fire Prevention and Site Safety plan is required to be in compliance with Fire District Standard 33-3. The Standard has been uploaded to the Documents section. Review and approval of the fire prevention and site safety plan is a condition of construction permit approval. The fire prevention and site safety plan is required to be approved by the Fire District prior to construction permits being approved and issued. 15. Roof access is required to be in accordance with Fire District Standard 5-6. The Standard has been uploaded to the Documents section. 16. A standpipe system is required to be installed in accordance with Section 905 of the Fire Code and Fire District Standard 5-10. The Standard has been uploaded to the Documents section. www.QtyofRC,us Printed: 4l2712023 Page f3 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Fire Prevention / New Construction Unit Standard Conditions of Approval 17. Fire apparatus access roads (fire lanes) can be included in an engineered onsite storm water retention plan. The ponding of storm water shall not exceed a designed depth of four (4) inches in the designated fire apparatus access road(s) and the area between the fire apparatus access road(s) and the exterior walls of all normally occupied buildings. 18. Public and private fire service water mains, public and private hydrants, water control valves, fire sprinkler risers, fire department connections (FDCs), and other fire protection water related devices and equipment are required to be provided, designed, and installed in accordance with Fire District Standard 5-10. The Standard has been uploaded to the Documents section. Building and Safety Services Department Please be advised of the following Special Conditions 1. When the Entitlement Review is approved submit complete construction drawings including structural calculations, energy calculations and soils report to Building and Safety for plan review in accordance with the current edition of the CA Building and Fire Codes including all local ordinances and standards which are effective at the time of Plan Check Submittal. The new structures are required to be equipped with automatic fire sprinklers per the CBC/CRC NFPA 13, 13D, 13R and the Current RCFPD Ordinance. Disabled access for the site and buildings must be in accordance to the State of CA and ADA regulations. If it is anticipated that there will be a need for temporary fire protection water supply and/or temporary fire access, submit a separate plan for review and approval that complies with RCFD Standard 33-3. Infrastructure for accessible EV charging station is required. Grading Section Please be advised of the following Special Conditions 1. Prior to issuance of a wall permit, a copy of the Grading Special Conditions of Approval shall be included within the engineered wall plans and calculations. Standard Conditions of Approval 2. Grading of the subject property shall be in accordance with current adopted California Building Code and/or the California Residential Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. 3. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. awvw.CityofRC.us Printed: 4/2712023 Page 9 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT; Grading Section Standard Conditions of Approval 4. The final Grading and Drainage Plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate Grading and Drainage 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 and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer prior to the issuance of a grading or building permit. 6. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. All dust control sign (s) shall be located outside of the public right of way. 7. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, the rough grading plan shall be a separate plan submittal and permit from Precise Grading and Drainage Plan/Permit. 8. Prior to the issuance of a grading permit the applicant shall obtain written permission from the adjacent property owner(s) to construct wall(s) on property line(s) or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 9. Prior to issuance of a grading permit the Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 10. The Grading and Drainage Plan shall implement City Standards for on -site construction where possible, and shall provide details for all work not covered by City Standard Drawings. 11. Prior to issuance of a grading permit the grading plan shall show that all manufactured slopes shall be a minimum 2-foot offset from the public right of way, permitted line, or the adjacent private property. All slope offsets shall meet the requirements of the current adopted California Building Code. 12. Prior to the issuance of a grading plan for multi -family projects, the private streets and drive aisles within multi -family developments shall include street plans as part of the Grading and Drainage Plan set. The private street plan view shall show typical street sections. The private street profile view shall show the private street/drive aisle centerline. 13. Prior to issuance of a grading permit, the grading and drainage plan shall show the maximum parking stall gradient at 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code.' 14. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 15. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. www.CityofRC.us Printed: 412712023 Page 10 of 16 Project *: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 16. This project shall comply with the accessibility requirements of the current adopted California Building Code. 17. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre -grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building inspector to discuss about grading requirements and preventive measures, etc. If a pre -grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over -excavation; ii} Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 18. Prior to issuance of a wall permit, on engineered combination garden/retaining walls along the property boundary the structural calculations for the wall shall assume a level toe/heel at the adjacent off -site property (i.e. a manufactured slope is not present). This shall be shown in the typical sections of the grading and drainage plan. 19. Prior to issuance of a grading or building permit, the permitted grading plan (or architectural site plan) set shall show in each of the typical sections and the plan view show how the separations between the building exterior and exterior ground surface meet the requirements of Sections CBC 1804.31CRC R401.3, CBC2304.11.2.21CRC R317.1(2) and CBC2512.1.21CRC R703.6.2.1 of the current adopted California Building Code/Residential Code. 20. Prior to issuance of a grading permit, the applicant shall obtain a signed and notarized letter from the adjacent property owner(s) for ALL work proposed on the adjacent property. The letter shall be scanned and pasted onto the permitted grading plan set. The letter shall show on either the title sheet or a detail sheet of the grading and drainage plan set. 21. Prior to approval of the project -specific storm water quality management plan, the applicant shall submit to the Building Official, or his designee, a precise grading plan showing the location and elevations of existing topographical features, and showing the location and proposed elevations of proposed structures and drainage of the site. www.QtyofRC.us Primed: 412712023 Page 11 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 22. A drainage study showing a 100-year, AMC 3 design storm event for on -site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on -site storm water drainage prior to issuance of a grading permit. The report shall contain water surface profile gradient calculations for all storm drain pipes 12-inches and larger in diameter. All reports shall be wet signed and sealed by the Engineer of Record. In addition, the project specific drainage study shall provide inlet calculations showing the proper sizing of the water quality management plan storm water flows into the proposed structural storm water treatment devices. 23. It shall be the responsibility of the applicant to acquire any required off -site drainage easements prior to the issuance of a grading permit. 24.1t shall be the responsibility of the applicant to acquire any required off -site drainage acceptance easements(s) from adjacent downstream property owner(s) or discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows' prior to the issuance of a grading or building permit. 25. Prior to issuance of a grading permit the applicant shall demonstrate that the storm water run-off will not adversely affect the downstream properties and that the water may legally discharge to the downstream properties. The engineer of record shall show on the final permitted grading and drainage plan one (1) or more of the following items are met: a) There is sufficient downstream capacity to accept the proposed storm water flows and that the downstream property owner have provided permission to accept the upstream storm water flows; b) a legal document/entity exists allowing developed storm water flows to be discharged to the channel (Approval from San Bernardino County Flood Control is required) ; c) a storm drain system to safely convey the storm water flows to a public storm drain system without causing flooding to adjacent property(ies). 26. Private sewer, water, and storm drain improvements will be designed per the latest adopted California Plumbing Code. Private storm drain improvements shall be shown on the grading and drainage plan. 27. Prior to the issuance of the Certificate of Occupancy or final sign off by the Building Inspector the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) storm water treatment devices and best management practices (BMP). 28. Prior to approval of the Water Quality Management Plan (WQMP), the WQMP shall include a copy of the project Conditions of Approval. 29. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Offce, 30. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). The WDID number shall also be shown on the WQMP Site and Drainage Plan document. www.Cityo€RC.us Printed: 4127/2023 Page 12 of 16 Project ## Project Name Location: Project Type: DRC2022-00189 DRC2023-00022 Foothill & Vineyard Mixed Use 8833 FOOTHILL BLVD - 020721143-0000 Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 31. The applicant shall provide a copy of a completed EPA Form 7520-16 (Inventory of Injection Wells) for each underground infiltration device, with the Facility ID Number assigned, to the Building and Safety Services Department Official prior to issuance of the Grading Permit and/or approval of the project -specific Water Quality Management Plan. A copy of EPA Form 7520-16 shall be scanned and pasted onto the permitted grading plan set, and a copy of said form shall be included in the project -specific Water Quality Management Plan. 32. The applicant shall prepare or amend existing CC&R's as needed to clarify how maintenance responsibilities will be shared between the newly created parcels and the remaining existing parcels prior to issuance of a grading permit. The grading and drainage plan and the CC&Rs shall address shared access to Foothill Blvd, private storm drains, storm water treatment devices, surface drainage and maintenance of common areas, including landscaping within public rights -of -way and Best Management Practices identified in the WQMP. 33. The land owner shall provide an inspection report on a biennial basis for the structural storm water treatment devices, commonly referred to as BMPs, to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 34. The land/property owner shall follow the inspection and maintenance requirements of the approved project specific Water Quality Management Plan and shall provide a copy of the inspection reports on a biennial basis to the City of Rancho Cucamonga Environmental Program Manager. 35. A final project -specific Storm Water Quality Management Plan (WQMP) shall be approved by the Building and Safety Director, or his designee, and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a grading permit or any building permit. 36. Prior to the issuance of a building permit or Engineering Services Department issued right of way permit, the applicant shall submit to the Building Official, or his designee, a final project specific water quality management plan for review and approval, and shall have said document recorded with the San Bernardino County Recorder's Office. 37. The final project -specific water quality management plan (WQMP) shall include executed maintenance agreements along with the maintenance guidelines for all proprietary structural storm water treatment devices (BMP's). In the event the applicant cannot get the proprietary device maintenance agreements executed prior to issuance of a grading permit, the applicant is required to submit a letter to be included within the WQMP document, and scanned and pasted onto the Site and Drainage Plan which states that prior to issuance of a certificate of occupancy with applicant shall enter into a contract for the maintenance of the proprietary storm water treatment device. If the proprietary storm water treatment device is part of a residential subdivision, prior to the sale of the residential lot, the developer shall include maintenance agreement(s) as part of the sale of the residential lot to the buyer. A copy of the maintenance agreements to be included in the sale of the property shall be included within the WQMP document. www.CityofRC.us Printed: 412712023 Page 13 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 38. Prior to issuance of a grading permit and approval of the project specific water quality management plan all private storm water catch basin inlets shall include insert filters to capture those pollutants of concern as addressed in the in the final project -specific water quality management plan (WQMP). At a minimum catch basin insert filters to capture trash and other floating debris. All catch basin insert filters shall be maintained on a regular basis as described in the "Inspection and Maintenance Responsibility for Post Construction BMP" section of the final project -specific water quality management plan. 39. Prior to issuance of a grading permit the Final Project -Specific Water Quality Management Plan shall include a completed copy of "Worksheet H: Factor of Safety and Design Infiltration Worksheet" located in Appendix D "Section Vll — Infiltration Rate Evaluation Protocol and Factor of Safety Recommendations, ..." of the San Bernardino County Technical Guidance Document for Water Quality Management Plans. The infiltration study shall include the Soil Engineer's recommendations for Appendix D, Table VI1.3: Suitability Assessment Related Considerations for infiltration Facility Safety Factors". 40. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". 41. The final project -specific Water Quality Management Plan (WQMP) shall be prepared as a Phased WQMP and shall include all phases of the project. Construction of the storm water treatment structural devices may be constructed as construction progresses. 42. The subject project, shall accept all existing off -site storm water drainage flows and safely convey those flows through or around the project site. If existing off -site storm water drainage flows mix with any on -site storm water drainage flows, then the off -site storm water drainage flows shall be treated with the on -site storm water drainage flows for storm water quality purposes, prior to discharging the storm water drainage flows from the project site. 43. Prior to the issuance of a certificate of occupancy by the Building Official, or his designee, the civil engineer of record shall file a Water Quality Management Plan (WQMP) Post Construction Storm Water Treatment Devices As -Built Certificate with the Environmental Programs Coordinator, City of Rancho Cucamonga Engineering Services Department. www.CRyofRC.us Printed: 4127I2023 Page 14 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Foothill & Vineyard Mixed Use Location: 8833 FOOTHILL BLVD - 020721143-0000 Project Type: Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 44, RESIDENTIAL MANDATORY MEASURES -- CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.106.2 (Storm water drainage and retention during construction) of the current adopted California Green Building Standards Code: Projects which disturb less than one (1) acre of soil and are not part of a larger common plan of development which in total disturbs one acre or more, shall manage storm water drainage during construction. In order to manage storm water drainage during construction, one or more of the following measures shall be implemented to prevent flooding of adjacent property, prevent erosion and retain soil runoff on the site. 1. Retention basins of sufficient size shall be utilized to retain storm water on the site. 2. Where storm water is conveyed to a public drainage system, collection point, gutter or similar disposal method, water shall be filtered by use of a barrier system, wattle or other method approved by the enforcing agency (City of Rancho Cucamonga). 3. Compliance with a lawfully enacted storm water management ordinance. 45. RESIDENTIAL MANDATORY MEASURES — CALIFORNIA GREEN BUILDING STANDARDS CODE — Prior to the issuance of any building permit the applicant shall comply with Section 4.106.3 (Grading and Paving) of the current adopted California Green Building Standards Code: Construction plans shall indicate how the site grading or drainage system will manage all surface water flows to keep water from entering building. Examples of methods to manage surface water include, but are not limited to, the following: 1. Swales. 2. Water collection and disposal systems. 3. French drains. 4. Water retention gardens. 5. Other water measures which keep surface water away from buildings and aid in groundwater recharge. Exception: Additions and alterations not altering the drainage path. 46. Prior to issuance of a grading permit the precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout "Information for Grading Plans and Permit". 47. Prior to approval of the final project -specific water quality management plan the applicant shall have a soils engineer prepare a project -specific infiltration study for the project for the purposes of storm water quality treatment. The infiltration study and recommendations shall follow the guidelines in the current adopted "San Bernardino County Technical Guidance Document for Water Quality Management Plans". Note: As this project has been previously graded and the site soils have been compacted for building pads and parking lot purposes, the use of the Custom Soil Resource Report for San Bernardino County Southwestern Part by the United States Department of Agriculture, Natural Resource Conservation Service for natural soils is not acceptable for soil groundwater infiltration rates. www.CityofRC.us Printed: 4127l2023 Paget 5 of 16 Project #: DRC2022-00189 DRC2023-00022 Project Name: Location: Project Type: Foothill & Vineyard Mixed Use 8833 FOOTHILL BLVD - 020721143-0000 Design Review Variance ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: Grading Section Standard Conditions of Approval 48. Prior to issuance of a grading permit for non-residential projects the applicant shall show on the electrical plans and the permitted grading plan set the location for a future installation of an Electric Vehicle (EV) charging station/parking area per the current adopted California Green Building Standards Code, section 5.106.5.3. www.CityofRC.us Printed: 4l2712023 Page 16 of 16