HomeMy WebLinkAbout01-14 - SupplementalsToll Brothers
Primary Case File No. DRC2024 -00373
January 14, 2026
PROJECT BACKGROUND
DRC2024-00373 2
•Who: Toll Brothers
•What: Design Review, Variance, and Minor
Exception for 188 single-family homes
located in the Low Residential (L) zone.
•Where: Approved Tracts 16072-1 and
16072 -3, NEC Etiwanda Avenue and Wilson
Avenue
•When :
•Deemed Complete on January 16, 2025;
•DRC on November 4th, 2025
DRC2024-00373 3
PROJECT BACKGROUND (Cont.)
•Approved Tracts 16072-1 and 16072-3,
NWC East Avenue and Wilson Avenue
•Final map (2023) and grading permits
(2024) issued
•Part of larger single -family residential
development in tandem with another
developer (Lennar)
Project Area
Unit Summary – Tracts 16072-1 and 16072-3
Plan Type Square
Footage Bedrooms Bathrooms Garage Number of Homes
A1 4,120 4 4.5 2 11
A1R 4,120 4 4.5 2 10
A2 4,572 5 4.5 2 13
A2R 4,572 5 4.5 2 12
A3 4,790 5 4.5 3 16
A3R 4,790 5 4.5 3 14
A4 4.861 5 4.5 3 10
A4R 4.861 5 4.5 3 17
B1 3,462 4 4.5 2 5
B1R 3,462 4 4.5 2 5
B2 4,812 5 5.5 3 8
B2R 4,812 5 5.5 3 13
B3 5,105 5 5.5 3 11
B3R 5,105 5 5.5 3 12
B4 5,133 5 5.5 3 14
B4R 5,133 5 5.5 3 11
Total Number of
Single-Family Homes ----188
ARCHITECTURE
ARCHITECTURE
ARCHITECTURE
ARCHITECTURE
ARCHITECTURE
ARCHITECTURE
ARCHITECTURE
ARCHITECTURE
DRC2024-00373 16
DRC Comments
•Committee members noted that
tubular steel fencing was used in
rear yards rather than block or
brick
•Fencing choice is intended to
account for unique topographic
features of the site which would
otherwise limit views for future
residents.
DEVELOMENT STANDARDSLow Residential (L) Development Standards
Required Proposed Compliant
Density 6 Dwelling Units Per Acre 2.5 Dwelling Units PerAcre Yes
Lot Area (min)7,200 SF 7,866-26,570 SF (Existing Parcels)Yes
Minimum Frontage (min)40 Feet 22.53-216.55 Feet (Existing Parcels)Yes*
Building Height 35 Feet 22 Feet – 32 Feet Yes
Front Yard Setback 37 feet (+/- 5ft)30-47 Feet Yes*
Interior Side Yard Setback 5/10 Feet Varies Yes
Rear Yard Setback 20 Feet Varies Yes
Lot Coverage 40%19%-38%Yes
*With Minor Exception and Variance for certain lots
Summary Of Minor Exception Requests
Location Condition Request Deviation Purpose
TR16072-1, Lot 14 Exceeds max rear retaining wall
height .5 ft above standard Provide level yard areas for both Lot 1 and 2
allowing lots to conform to size standards.
TR16072-1, Lot 48 Encroachment into front yard setback 2 ft below standard To maintain 1 story massing floor plan and
consistency of the site’s architecture
TR16072-1, Lot 49 Does not meet 5 ft front yard setback
variation requirement 0.7 ft variation The required 5 ft variation would result in
encroachment into the front yard setback.
TR16072-1, Lot 80 Usable rear yard area depth below
standard 1.3 ft below standard Standard rear yard depth would not allow for 400 sq
ft of useable yard
TR16072-1, Lot 81 Usable rear yard area depth below
standard 2 ft below standard Additional retaining wall tier would encroach into
neighboring yard
TR16072-3, Lots 20, 23, 27 Exceeds max rear retaining wall
height 2 ft above standard Topographical constraints prevent tiering of 2 ft
retaining wall behind 4 ft retaining wall.
TR16072-3, Lot 28 Usable rear yard area depth below
standard 2.7 ft below standard Standard depth is not feasible on a triangular lot.
TR16072-3, Lot 30, 31 Exceeds rear retaining wall height .6 ft above standard Topographical constraints prevent tiering of .6 ft
retaining wall behind 4 ft retaining wall.
TR16072-3, Lot 61 Exceeds rear retaining wall height 1.5 ft above standard Topographical constraints prevent tiering of 1.5 ft
retaining wall behind 4 ft retaining wall.
TR16072-3, Lot 72 Exceeds max side retaining wall
height 1.5 ft above standard Lot configuration does not allow for tiered side
retaining wall
TR16072-3, Lot 80 Usable rear yard area depth below
standard 1.7 ft below standard Requirements for single story development would
not allow for standard rear yard depth.
TR16072-3, Lot 82 Does not meet 5 ft front yard setback
variation requirement .7 ft variance The required 5 ft variation would result in
encroachment into the front yard setback.
VARIANCE Summary of Variance Requests
Location Condition Request Deviation Constraint
16072-1, Lot 97 Deficient setback of wall
from sidewalk
3 ft setback between sidewalk
and perimeter wall rather than
required 5
Topographical constraints prevent a 5 ft
setback from the perimeter wall to the
edge of the pedestrian walkway.
16072-3, Lot 18 Deficient setback of wall
from sidewalk
3.3 ft setback between sidewalk
and perimeter wall rather than
required 5
Topographical constraints prevent a 5 ft
setback from the perimeter wall to the
edge of the pedestrian walkway.
DRC2024-00373
Parks and Amenities
•The Fire, Engineering and Building Departments
have reviewed the project and have provided
conditions of approval included with this staff
report.
DRC2024-00373 22
INTERDEPARTMENTAL REVIEW
DRC2024-00373 23
ENVIRONMENTAL REVIEW
•City previously certified an Environmental Impact
Report in 2004 (SCH 2002091053);
•Letter received day before hearing;
•Architectural review only . No further CEQA review
required as:
•There are no new or more severe impacts;
•No substantial changes have occurred;
•No new important information has been
presented as part of this application;
•No new mitigations feasible which could be
imposed
•Notices were mailed to all property owners within
660 feet (70 property owners) of the project site
and posted on the project site on December 18 th ,
2025. Notices were published in the Inland Valley
Daily Bulletin on December 24 th , 2025.
•To date, staff has received one piece of
correspondence related to the proposed project.
DRC2024-00373 24
NOTICING
RECOMMENDATION
Staff recommends approval of the project through
the adoption of the attached Resolution 26 -001,
subject to the attached conditions of approval.
DRC2024-00373 25
Conditional Use Permit
DRC2025 -00245
January 14, 2026
1
PROJECT BACKGROUND
9089 8 th Street CUP
•Who: EPD Solutions on behalf of China
Manufacturers Alliance LLC;
•What: A request to permit E-Commerce
Distribution/Fulfillment Center – Large,
Wholesale and Distribution – Medium,
Food Processing/Manufacturing, Storage
Warehouse, and Manufacturing Light –
Large uses at an existing 129,704
square foot industrial building;
•Where: 9089 8 th Street in the Neo-
Industrial (NI) Zone;
•When: Submitted October 14, 2025.
2
9089 8 th Street CUP
3
4
5
Conditional Use Permit to allow the following uses:
•E-Commerce Distribution/Fulfillment Center -
Large;
•Wholesale and Distribution – Medium;
•Food Processing/Manufacturing;
•Storage Warehouse;
•Manufacturing Light – Large.
9089 8 th Street CUP
PROPOSED PROJECT
6
PROJECT PLANS
7
•The Fire, Engineering and Building and
Safety Departments have reviewed the
project and have provided conditions of
approval included with this staff report.
9089 8 th Street CUP
INTERDEPARTMENTAL REVIEW
8
•Categorically exempt from CEQA review;
•Class 1 Exemption.
9089 8 th Street CUP
ENVIRONMENTAL REVIEW
9
•Notices mailed to the 387 property owners
within 1,500 feet of the project site and the site
was posted on December 18, 2025;
•Legal advertisement published in the Inland
Valley Daily Bulletin Newspaper on December
24, 2025;
•To date, staff have not received any inquiries
regarding this project.
9089 8 th Street CUP
NOTICING
10
RECOMMENDATION
11
RECOMMENDATION
Staff recommends approval of DRC2025 -00245 through the adoption of the subject
resolution and Conditions of Approval.
9089 8 th Street CUP 12
From:Hayley Uno
To:Knight, Jared; Planning, City; Thornhill, Elizabeth
Cc:Rebecca Davis; Chase Preciado; Emy Lipkind; Leslie Reider
Subject:SAFER Comment Submission with Expert Exhibit for the Etiwanda Estates Project (DRC2024-00373; DRC2025-
00261; DRC2025-00263)
Date:Tuesday, January 13, 2026 5:33:02 PM
Attachments:2026.01.13 PC Comment - Etiwanda Estates - FINAL with Exhibit.pdf
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Dear Chairman Morales, Honorable Members of the Rancho Cucamonga Planning
Commission, Mr. Knight, and Ms. Thornhill,
On behalf of Supporters Alliance for Environmental Responsibility (“SAFER”), please find
attached comments, including an expert exhibit, regarding the Etiwanda Estates Project
(DRC2024-00373; DRC2025-00261; DRC2025-00263). The Project is scheduled to be heard at
the Rancho Cucamonga Planning Commission meeting on January 14, 2026 at 7pm.
If you could please confirm receipt of this email and the attached comments, that would be
greatly appreciated. Thank you for your time and consideration.
Best regards,
Hayley Uno
--
Hayley Uno (she/her)
Lozeau Drury LLP
1939 Harrison Street, Suite 150
Oakland, CA 94612
Office: (510) 836-4200
hayley@lozeaudrury.com
Correspondence Recieved
PC Meeting 1-14-26
Item D5
Recieved 1-13-26 5:33 PM
VIA EMAIL
January 13, 2026
Tony Morales, Chair Jared Knight, Assistant Planner
Al Boling, Vice Chair Planning Department
Bryan Dopp, Commissioner City of Rancho Cucamonga
James Daniels, Commissioner 10500 Civic Center Drive
Melissa Diaz, Commissioner Rancho Cucamonga, CA 91730
Rancho Cucamonga Planning Commission jared.knight@cityofrc.us
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
planning@cityofrc.us
Elizabeth Thornhill, Executive Assistant
Planning Department
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
elizabeth.thornhill@cityofrc.us
Re: Comment - Etiwanda Estates Project (DRC2024-00373; DRC2025-00261;
DRC2025-00263)
Dear Chairman Morales, Honorable Members of the Rancho Cucamonga Planning Commission,
Mr. Knight, and Ms. Thornhill:
This comment is submitted on behalf of Supporters Alliance for Environmental
Responsibility (“SAFER”) and its members living or working in and around the City of Rancho
Cucamonga (“City”), in opposition to the Etiwanda Estates Project (DRC2024-00373;
DRC2025-00261; DRC2025-00263) (“Project”) based on a 2004 environmental impact report
(“EIR”) prepared for Tentative Tract Map SUBTT16072. The Project is scheduled to be heard at
the Rancho Cucamonga Planning Commission meeting on January 14, 2026 at 7pm.
The City cannot rely on the 2004 EIR, because CEQA Guidelines § 15162 requires
preparation of a supplemental mitigated negative declaration (“MND”) or EIR. As discussed
below, new feasible air quality mitigation measures have become available in the intervening 21
years since the certification of the 2004 EIR that would reduce the Project’s significant and
unavoidable air quality impacts. Additionally, rather than improperly piecemealing its CEQA
analysis, the City should have considered this Project’s impacts together with those of the
Comment Re: Etiwanda Estates Project
January 13, 2026
Page 2 of 6
Vinova Community Project, its sister project, which is proposed on the same parcel of land.
SAFER thus respectfully requests that the Planning Commission deny approval of the Project,
find that the City cannot rely on the 2004 EIR, and require the City to prepare a supplemental
MND or EIR instead.
SAFER’s review of the Project has been assisted by air quality expert Patrick Sutton,
P.E., from Baseline Environmental Consulting. Mr. Sutton’s comment and CV are attached as
Exhibit A and are incorporated herein by reference in their entirety.
PROJECT DESCRIPTION
The Project involves the construction of 188 new single-family residences on
approximately 80.8 vacant acres of a 150.8-acre site, located near the northwest corner of East
Avenue and Wilson Avenue, in the City of Rancho Cucamonga. The Project site currently has a
General Plan land use designation of Traditional Neighborhood and is zoned Low Residential
(L). The remaining 70 acres of the site would be developed with 166 single-family homes in the
Vinova Community Project, a separate project proposed by a different developer that the City
has already approved on December 3, 2025.
The City is relying on an EIR it had originally certified on June 16, 2004 to analyze the
development of 354 single-family homes on the 150.8-acre parcel for Tentative Tract Map
SUBTT16072.
LEGAL STANDARD
I. CEQA Guidelines § 15162 (Pub. Res. Code § 21166)
The City employs CEQA Guidelines § 15162 (14 Cal. Code Regs. [“CCR”] 15162; Pub.
Res. Code [“PRC”] § 21166) to claim that no supplemental CEQA review is required for the
Project. However, under CEQA Guidelines § 15162, a supplemental MND or EIR is required
when:
(3) New information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete or the Negative Declaration was adopted, shows any of the
following: . . .
(C) Mitigation measures or alternatives previously found not to be feasible would in fact
be feasible, and would substantially reduce one or more significant effects of the project,
but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant effects
on the environment, but the project proponents decline to adopt the mitigation measure or
alternative.
Comment Re: Etiwanda Estates Project
January 13, 2026
Page 3 of 6
(14 CCR § 15162(a)(3)(C)-(D).)
As discussed below, under CEQA Guidelines § 15162 a supplemental MND or EIR is
required because multiple new feasible air quality mitigation measures have become available
since the EIR’s 2004 certification that would reduce the Project’s significant impacts.
Accordingly, the City must prepare a supplemental MND or EIR to require the new mitigation
measures.
DISCUSSION
I. A supplemental EIR is required because new feasible air quality mitigation
measures have become available since the certification of the 2004 EIR.
Air quality expert Patrick Sutton, P.E., from Baseline Environmental Consulting has
reviewed the Project, the 2004 EIR, and other relevant documents regarding the EIR’s air quality
analysis and mitigation measures. According to the EIR, construction of homes on the parcel
where the Project site is located will have significant and unavoidable air quality impacts from
construction and operational emissions of criteria air pollutants. (Ex. A at 1, 5.) However, Mr.
Sutton found that these impacts can be substantially reduced with incorporation of numerous
new air quality mitigation measures that are substantially different from the measures proposed
in the 2004 EIR, each of which were unavailable in 2004. (Id. at 5.) A supplemental EIR is
required to disclose and mitigate these ongoing significant impacts . (Id. at 1.)
A. New mitigation measures are available to reduce the Project’s adverse
construction air quality impacts.
According to the EIR, construction on the Project site would have significant and
unavoidable impacts as a result of criteria air pollutant emissions. (Id.) The estimated daily
emissions of nitrogen oxides (“NOx”) and reactive organic gases (“ROGs”) from construction of
the Project would exceed the significance thresholds of the South Coast Air Quality Management
District (“SCAQMD”), even with implementation of the EIR’s existing proposed construction air
quality mitigation measures. (Id. at 1-2; EIR at 5.4-14, 5.4-27.)
The EIR’s existing mitigation measures to reduce construction emissions of NOx and
ROGs include: (1) MM AQ-5, which states that construction contractors will use construction
equipment with low emissions and high energy efficiency, and that construction grading plans
will include a statement that all construction equipment will be maintained accordingly; (2) MM
AQ-6, which states that construction contractors will use electric or clean alternative fuel-
powered equipment where feasible; (3) MM AQ-7, which states that construction grading plans
will include a statement that work crews will shut off equipment when not in use; (4) MM AQ-8,
which states that construction contractors will use architectural coatings with low levels of
volatile organic compounds (“VOCs”); (5) MM AQ-9, which states that temporary traffic control
will be used during soil transportation; and (6) MM AQ-10, which states that only low volatility
paints and coatings will be used. (Ex. A at 2.) However, even with the implementation of these
Comment Re: Etiwanda Estates Project
January 13, 2026
Page 4 of 6
mitigation measures, the EIR concluded that construction-related air quality impacts would be
significant.
Mr. Sutton identified numerous additional mitigation measures that are considerably
different from those analyzed in the EIR that would substantially reduce the Project’s
construction-related air quality impacts. For example, a new mitigation measure can be
implemented to require all on-road, heavy-duty diesel trucks to be model year 2018 or newer.
(Id. at 3.) Newer model diesel trucks have vastly lower emissions and were not available in 2004.
(Id.)
Moreover, the City could require all off-road construction equipment exceeding 50
horsepower to be equipped with electric engines or Tier 4 final engines certified by the
California Air Resources Board. (Id.) Tier 4 Final engines would reduce construction emissions
and were unavailable in 2004. (Id.) In addition, Mr. Sutton recommends engines should be
powered with alternative fuels, such as natural gas, electricity, propane and hydrogen fuel cells,
to the maximum extent possible during every construction phase and activity. (Id.) These
technologies were not readily available in 2004, but are now available to reduce the Project’s
construction-related air quality impact.
Super compliant VOC paints are also now available but were not in 2004. The use of
super-compliant VOC paints, rather than just low-VOC paints, would further reduce the Project’s
VOC impacts.
Thus, there are multiple readily available mitigation measures that were not analyzed in
the 2004 EIR – and could not be analyzed at that time because they were not technologically
feasible – that would substantially reduce NOx, ROG, and VOC emissions during Project
construction. Additional CEQA review through a supplemental EIR is required to effectively
evaluate and mitigate the Project’s air quality impacts. (Id. at 4.)
B. New mitigation measures are available to reduce the Project’s adverse
operational air quality impacts.
According to the EIR, operation on the Project site would also have significant and
unavoidable impacts related to criteria air pollutant emissions. (Id. at 4.) The estimated daily
operational emissions of NOx and ROGs would exceed the SCAQMD’s significance thresholds,
even with implementation of the EIR’s existing proposed operational air quality mitigation
measures. (Id.; EIR at 5.4-15, 5.4-28.)
The EIR’s existing mitigation measures to reduce operational emissions of NOx and
ROGs include: (1) MM AQ-11, which states that the Project will contribute to the cost of off-site
traffic signal installation and synchronization through payment of a traffic signal fair-share
mitigation fee; (2) MM AQ-12, which states that all appliances in the Project’s residential units
will be energy efficient; and (3) MM AQ-13, which states that the Project Applicant will contact
local transit agencies to determine bus routing in the Project area to accommodate bus stops at
the Project access points. (Ex. A. at 4.)
Comment Re: Etiwanda Estates Project
January 13, 2026
Page 5 of 6
Mr. Sutton identified numerous additional mitigation measures that are considerably
different from those analyzed in the EIR that would substantially reduce the Project’s operational
air quality impacts. For example, a new mitigation measure can be implemented to require each
home to be equipped with electric vehicle charging stations that meet the California Green
Building Standards Code’s most ambitious voluntary standard. (Id. at 5.) A new mitigation
measure can also be implemented to require the Project Applicant to use only electric
landscaping equipment rather than equipment powered by gasoline, diesel, or other fossil fuels.
(Id.) In addition, MM AQ-12 could be revised to require the use of all-electric energy appliances
without any natural gas connections and exclude the use of propane and other fossil fuels for
heating and cooking. (Id. at 5.) These technologies were not readily available in 2004 but are
now available to reduce the Project’s operational air quality impacts.
There are numerous readily available mitigation measures that were not analyzed in the
2004 EIR – and could not be analyzed at the time because they were not technologically feasible
– that would substantially reduce the Project’s operational NOx and ROG emissions. Additional
CEQA review through a supplemental EIR is required to ensure all feasible mitigation measures
to reduce the Project’s significant air quality impacts. (Id. at 4.)
II. By considering the impacts of this Project separately from those of the Vinova
Community Project, City improperly piecemeals the CEQA analysis.
CEQA prohibits piecemeal environmental analysis and instead requires agencies to
consider the “whole of an action.” (14 CCR § 15378(a).) That means:
“[T]he environmental review accompanying the first discretionary approval must
evaluate the impacts of the ultimate development authorized by that approval. … Even
though further discretionary approvals may be required before development can occur,
the agency’s environmental review must extend to the development envisioned by the
initial approvals. It is irrelevant that the development may not receive all necessary
entitlements or may not be built. Piecemeal environmental review that ignores the
environmental impacts of the end result will not be permitted.”
See Kostka, et al., Practice Under the California Environmental Quality Act, § 6.52, p. 298.
Furthermore, “[a] public agency is not permitted to divide a single project into smaller
individual subprojects in order to avoid the responsibility of considering the environmental
impact of the project as a whole.” (Orinda Assoc. v. Board of Supervisors, 182 Cal. App. 3d
1154, 1171.) CEQA requires that “environmental considerations do not become submerged by
chopping a large project into many little ones – each with a minimum potential impact on the
environment – which cumulatively may have disastrous consequences.” (Bozung v. Loc. Agency
Formation Com., 13 Cal. 3d 263, 283-84 (1975).)
Here, the City relies on a 2004 EIR analyzing the development of 354 new single-family
homes on a 150.8-acre parcel for Tentative Tract Map SUBTT16072. The Etiwanda Estates
Comment Re: Etiwanda Estates Project
January 13, 2026
Page 6 of 6
Project involves the construction of 188 of those homes on 80.8 acres of the 150.8-acre parcel.
The Vinova Community Project, its sister project proposed by a different developer, involves the
construction of the remaining 166 homes on the remaining 70 acres of the same 150.8-acre
parcel. On December 3, 2025, the City approved the Vinova Community Project separate from
the Etiwanda Estates Project. Although the two projects are on the same parcel of land and are
analyzed under the same EIR, the City conducted its newest round of CEQA review of the
projects separately. This is the very essence of piecemealing. A new CEQA document, whether
an MND or EIR, is required to analyze both projects together, including implementation of the
new air quality mitigation measures discussed above.
CONCLUSION
For the foregoing reasons, a supplemental EIR is required to reduce the Project’s
significant adverse air quality impacts. Therefore, SAFER respectfully requests that the Planning
Commission deny approval of the Project and instead require the City to prepare a supplemental
MND or EIR. Thank you.
Sincerely,
Rebecca Davis
LOZEAU DRURY LLP
EXHIBIT A
January 13, 2026
26203-00
Hayley Uno
Lozeau Drury LLP
1939 Harrison St., Suite 150
Oakland, CA 94612
Subject: Review of Air Quality Impacts Analyzed for the Etiwanda Estates Project, Rancho
Cucamonga, California.
Dear Ms. Uno:
Baseline Environmental Consulting (Baseline) understands that the Etiwanda Estates Project is a
proposed housing development in the City of Rancho Cucamonga. The proposed housing
development was previously analyzed as part of a 2004 Environmental Impact Report (EIR) in
connection with Tentative Tract Map SUBTT16072 (the “project area”) under the California
Environmental Quality Act (CEQA). The 2004 EIR included the development of 358 single-family
homes on 150.8 acres. The Etiwanda Estates Project would develop 188 single-family homes on 80
acres of the project area. The remainder of the project area would be developed for the Vinova
project, which includes 166 single-family homes on 70 acres of the project area.
The primary purpose of our review was to determine whether the potential environmental impacts
related to air quality from implementation of the Etiwanda Estates Project have been properly
evaluated, mitigated, and disclosed to the public under the 2004 EIR. Based on our review, there are
numerous improvements that can be made to the existing mitigation measures identified in the
2004 EIR that would warrant additional review of the Etiwanda Estates Project under CEQA.
NEW MITIGATION MEASURES AVAILABLE FOR CONSTRUCTION
According to the 2004 EIR, construction of the project area would have a significant and
unavoidable impact related to criteria air pollutant emissions. As summarized in Table 1, the
estimated unmitigated daily emissions of nitrogen oxides (NOx) and reactive organic gases (ROG)
during construction of the project area would exceed the South Coast Air Quality Management
District’s (SCAQMD) recommended thresholds of significance.
388 17th Street, Suite 230, Oakland, CA 94612 | (510) 420-8686 | www.baseline-env.com
Mailing Address: PO Box 18586, Oakland, CA 94619
January 13, 2026
Page 2
Table 1. 2004 EIR Analysis of Criteria Air Pollutant Emissions during Construction
Emissions Scenario NOx (lb/day) ROG (lb/day)
Unmitigated Emissions 405.0 187.7
Mitigated Emissions 351.2 99.6
SCAQMD Thresholds 100 75
Source: Michael Brandman Associates, 2003. Draft Environmental Impact Report, Rancho Cucamonga Tentative Tract
Map Number 16072, pages 5.4-14 and 5.4-27. November 25.
The 2004 EIR identified the following mitigation measures to reduce construction NOx and ROG
emissions to the maximum extent feasible:
Mitigation Measure AQ-5: 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 the construction grading plans include a statement that
all construction equipment will be tuned to and maintained in accordance with the
manufacturers specifications.
Mitigation Measure AQ-6: The construction contractor shall utilize electric or clean
alternative fuel powered equipment where feasible.
Mitigation Measure AQ-7: The construction contractor shall ensure that construction-
grading plans include a statement that work crews will shut off equipment when not in use.
Mitigation Measure AQ-8: The construction contractor shall use low VOC architectural
coating during the construction phase of the project.
Mitigation Measure AQ-9: During construction of the proposed improvements, temporary
traffic control (e.g., flag person) will be provided during soil transport activities. Contractor
will be advised not to idle trucks on site for more than ten minutes.
Mitigation Measure AQ-10: During construction of the proposed improvements, only low
volatility paints and coatings as defined in SCAQMD Rule 1113 shall be used. All paints shall
be applied using either high volume low pressure (HVLP) spray equipment or by hand
application.
As shown in Table 1, the mitigated daily emissions of NOx and ROG during construction would
remain above the SCAQMD’s thresholds of significance. Based on current best practices typically
implemented under CEQA, the existing air quality measures identified in the 2004 EIR can be
improved as follows:
Mitigation Measures AQ-5 and AQ-6 can be revised to require all off-road construction
equipment greater than 50 horsepower to be equipped with electric engines, if available, or
Tier 4 final engines as certified by the California Air Resources Board (CARB). When the 2004
January 13, 2026
Page 3
EIR was published, the best available technology for off-road equipment was Tier 2 engines.
Since 2015, all new off-road equipment greater than 50 horsepower are equipped with
Tier 4 Final engines, which reduce NOx and ROG emissions by approximately 96% and 86%
relative to the Tier 2 emissions standards, respectively.1
In addition, engines should be fueled with alternative fuels, including natural gas, propane,
hydrogen fuel cell, and electricity, as commercially available and to the maximum extent
feasible during each construction phase and activity. A Construction Emissions Minimization
Plan (Emissions Plan) should be prepared that includes an equipment inventory summarizing
the type of off-road equipment required for each phase of construction, including the
equipment manufacturer, equipment identification number, engine model year, engine
certification (tier rating), horsepower, and engine serial number. In addition, the Emissions
Plan should include a Certification Statement that the Contractor agrees to comply fully with
the Emissions Plan and acknowledges that a significant violation of the Emissions Plan shall
constitute a material breach of contract. The Emissions Plan should be submitted to the City
for review and approval prior to the issuance of building permits.
Mitigation Measures AQ-7 and AQ-9 can be revised to require all on-road diesel vehicles
and off-road diesel equipment to not idle for more than 2 minutes, except as provided in
exceptions to the applicable state idling regulations. Documentation should be provided to
equipment operators in multiple languages (e.g., English, Spanish, Chinese) to remind
operators of the 2-minute idling limit.
Mitigation measures AQ-8 and AQ-10 can be revised to require the use and enforcement of
super-compliant volatile organic compound (VOC) paints with a maximum VOC content of
10 grams/liter, which is substantially lower than the current SCAQMD Rule 1113
requirements for low VOC paints that allow a maximum VOC content of 50 grams/liter. It
should be noted that there have been numerous amendments to the SCAQMD Rule 1113
since the 2004 EIR was published, including the most recent amendment in 2016 which
reduced the maximum VOC content in paints to 50 grams/liter. In response, paint
manufacturers have developed super-compliant VOC paints for widespread use in recent
years to remain well below the regulatory requirement.
In addition, the project sponsor should be required to submit a signed certification
statement to the Rancho Cucamonga Planning Commission, confirming that the super-
compliant VOC requirement has been incorporated into the construction contract
specifications, for review and approval.
1 California Air Resources Board (CARB), 2025. Non-road Diesel Engine Certification Tier Chart. Accessed December 3.
https://ww2.arb.ca.gov/resources/documents/non-road-diesel-engine-certification-tier-chart.
January 13, 2026
Page 4
A new mitigation measure should also be incorporated that requires all on-road heavy-duty diesel
trucks with a gross vehicle weight rating of 19,500 pounds or greater used at the project site (e.g.,
haul trucks, water trucks, dump trucks, and concrete trucks) to be model year 2018 or newer. Due
to substantial improvement in emission standards for heavy-duty trucks, the NOx and ROG emission
factors for running exhaust in 2018 are approximately 68% and 83% lower than the corresponding
emissions factors for heavy-duty trucks in 2004 when the EIR was published.2
According to 14 CCR 15162 (a)(3)(D), additional CEQA review is required if mitigation measures
which are considerably different from those analyzed in the previous EIR would substantially reduce
one or more significant effects on the environment. As described above, there are readily available
mitigation measures that would substantially reduce emissions of NOx and ROG and improve the
enforcement of mitigation measures during construction of the Etiwanda Estates Project; therefore,
additional CEQA review of the Etiwanda Estates Project is warranted to evaluate, mitigate, and
disclose the severity of potential air quality impacts to the public.
NEW MITIGATION MEASURES AVAILABLE FOR OPERATION
According to the 2004 EIR, operation of the project area would have a significant and unavoidable
impact related to criteria air pollutant emissions. As summarized in Table 2, the estimated
unmitigated daily emissions of NOx and ROG during operation of the project area would exceed the
SCAQMD’s recommended thresholds of significance.
Table 2. 2004 EIR Analysis of Criteria Air Pollutant Emissions during Operation
Emissions Scenario NOx (lb/day) ROG (lb/day)
Unmitigated Emissions 64.7 87.9
Mitigated Emissions 60.3 83.5
SCAQMD Threshold 55 55
Source: Michael Brandman Associates, 2003. Draft Environmental Impact Report, Rancho Cucamonga Tentative Tract
Map Number 16072, pages 5.4-15 and 5.4-28. November 25.
The 2004 EIR identified the following mitigation measures to reduce operation NOx and ROG
emissions to the maximum extent feasible:
Mitigation Measure AQ-11: The proposed project will participate in the cost of off-site
traffic signal installation and synchronization through payment of the traffic signal fair-share
mitigation fee. This fee will be collected and utilized by the City to install and synchronize
traffic lights as needed to prevent congestion of traffic flow on East Avenue between Banyan
Street and the project boundary, and Etiwanda Avenue between Highland Avenue and the
north terminus of Etiwanda Avenue.
2 California Air Resources Board (CARB), 2025. EMFAC2025 V2.0.0 Web Platform. Accessed December 3.
https://arb.ca.gov/emfac/.
January 13, 2026
Page 5
Mitigation Measure AQ-12: All appliances within the residential units of the project shall be
energy-efficient as defined by SCAQMD.
Mitigation Measure AQ-13: The project proponent shall contact local transit agencies to
determine bus routing in the project area that can accommodate bus stops at the project
access points and determine locations and feasibility of bus stop shelters provided at project
proponent's expense.
As shown in Table 2, the mitigated daily emissions of NOx and ROG during operation would remain
above the SCAQMD’s thresholds of significance. Based on current best practices typically
implemented under CEQA, these air quality measures can be improved as follows:
Mitigation Measure AQ-12 can be revised to require the use of all-electric energy appliances
without any natural gas connections and exclude the use of propane or other fossil fuels for
space heating, water heating, or indoor cooking.
Mitigation Measure AQ-13 can be revised to require the project proponent to evaluate the
feasibility of establishing a new transit stop within a half mile of the project area prior to the
issuance of building permits. Without a timeframe, the project proponent has no incentive
to complete the mitigation measure. If a new transit stop is feasible, then the transit stop
should be constructed at the project proponent’s expense prior to the issuance of building
occupancy permits.
A new mitigation measure can be incorporated that requires each home to be equipped with
electric vehicle charging infrastructure that, at minimum, meets the most ambitious
voluntary standards (e.g., Tier 1 or Tier 2) in the California Green Building Standards Code at
the time of project approval.
A new mitigation measure can also be incorporated that requires the project proponent to
use only electric landscaping equipment. No landscaping equipment powered by gasoline,
diesel, propane, or other fossil fuels should be used. The project proponent should
incorporate this requirement into the project design and tenant contracts (as applicable).
As described above, there are readily available mitigation measures now available that would
substantially reduce emissions of NOx and ROG and improve the enforcement of mitigation
measures during operation of the Etiwanda Estates Project. Pursuant to 14 CCR 15162 (a)(3)(D),
additional CEQA review of the Etiwanda Estates Project is warranted to evaluate, mitigate, and
disclose the severity of potential air quality impacts to the public.
Conclusions
Based on our review of the 2004 EIR, the significant and unavoidable impacts related to criteria air
pollutant emissions during construction and operation of the Etiwanda Estates Project can be
substantially reduced with the incorporation of new mitigation measures. In accordance with
January 13, 2026
Page 6
14 CCR 15162 (a)(3)(D), additional CEQA review of the Etiwanda Estates Project is required to
evaluate, mitigate, and disclose the severity of potential air quality impacts to the public. It should
be noted that any CEQA review that attempts to tier from the 2004 EIR should also account for the
potential air quality impacts associated with the 166 single-family homes proposed for the Vinova
project on the remaining portion of the project area.
Sincerely,
Patrick Sutton
Principal Environmental Engineer
ATTACHMENT A
Staff Resume
Areas of Expertise
Air Quality, GHGs, Noise, Hazardous
Materials, Geology, and Hydrology
Education
M.S., Civil and Environmental
Engineering, University of
California – Davis
B.S., Environmental Science,
Dickinson College
Registration
Professional Engineer No. 13609 (RI)
Years of Experience
20 Years
Patrick Sutton, P.E.
Principal Environmental Engineer
Project Experience
Patrick Sutton is an environmental engineer who specializes in the
assessment of hazardous materials released into the environment.
Mr. Sutton prepares technical reports in support of environmental
review, such as Phase I/II Environmental Site Investigations, Air
Quality Reports, and Health Risk Assessments. He has prepared
numerous CEQA/NEPA evaluations for air quality, GHGs, noise,
energy, geology, hazardous materials, and water quality related to
residential, commercial, and industrial projects, as well as large
infrastructure developments. His proficiency in a wide range of
modeling software (AERMOD, CalEEMod, RCEM, CT-EMFAC) as well
as relational databases, GIS, and graphics design allows him to
thoroughly and efficiently assess and mitigate environmental
concerns.
For mixed-use development projects, Mr. Sutton has prepared health
risk assessments for sensitive receptors exposed to toxic air
contaminants based on air dispersion modeling. For large
transportation improvement projects, Mr. Sutton has prepared air
quality and hazardous materials technical reports in accordance with
Caltrans requirements. The air quality assessments include the
evaluation of criteria air pollutants, mobile source air toxics, and GHG
emissions to support environmental review of the project under
CEQA/NEPA and to determine conformity with the State
Implementation Plan. The hazardous materials investigations include
sampling and statistically analysis of aerially-deposited lead adjacent
to highway corridors. Mr. Sutton is also an active member of ASTM
International and is the author of the Standard Practice for Low-Flow
Purging and Sampling Used for Groundwater Monitoring.
Alameda CTC I-80/Ashby Avenue Interchange Improvements. Prepared Phase I/II ESAs to evaluate contaminants of
potential concern in soil and groundwater. Prepared Air Quality Report to determine the project’s conformity to
federal air quality regulations and support CEQA/NEPA environmental review.
Oakland Downtown Specific Plan EIR. Prepared a program- and project-level Air Quality and GHG Emissions
analysis. Developed a mitigation measure with performance standards to ensure GHG emissions from future
projects comply with the Citywide 2030 GHG reduction target.
CCTA I-680 Express Lanes from SR 84 to Alcosta Boulevard Project. Prepared Initial Site Assessment and Preliminary
Site Investigation to evaluate contaminants of potential concern in soil and groundwater. Prepared Air Quality
Report to determine the project’s conformity to federal air quality regulations and to support environmental review
of the project under CEQA and NEPA.
Altamont Corridor Expressway (ACE/Forward) Project EIR/EIS. Prepared a program- and project-level Hazardous
Materials analysis for over 120 miles of railroad corridor from San Jose to Merced. Hazardous materials concerns,
such as release sites, petroleum pipelines, agricultural pesticides, and nearby school sites were evaluated in GIS.
BART Silicon Valley Extension Project. Prepared Initial Site Assessment and Hazardous Materials EIS/EIR section for
extending 6 miles of proposed BART service through the Cities of San Jose and Santa Clara.
Planning Areas 14,12, & 15
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
January 14, 2026
1
PROJECT BACKGROUND
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
•Who: SC Development Corp
•What: Subdivision of 3 lots within the
Resort North Specific Plan Area for the
purpose of condominium development
associated with previously approved
design reviews.
•Where: NE of The Resort Parkway
and 6 th Street. APNs: 0209-561 -01, -
07, -12
•When:
•Accepted August 26th, 2025
•Deemed Complete November 18th,
2025
2
Resort North - Planning Areas 14,12, & 15
3
4
SUBTT20687 – PLANNING AREA 14
5
SUBTT20688 – PLANNING AREA 12
6
SUBTT20689 – PLANNING AREA 15
7
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
Context
8
•Planning Commission previously
approved three design reviews for the
purpose of Multi-Family Residential
development within the three subject
areas.
•Subdivision is required for the purpose
of creating condominium lots for
individual sale of the approved units.
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
SUBTT20687 – Planning Area 14
9
Development Plan Review
•Related to Design Review
DRC2023-00331, approved on
December 11 th , 2024
•Subdivision of existing 3.4 -acre
lot for the creation of 84
condominium units
•2 Numbered Lots
•2 Lettered Lots
•Establishes easements
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
SUBTT20688 – Planning Area 12
11
Development Plan Review
•Related to Design Review
DRC2023-00360, approved
on December 11 th , 2024
•Subdivision of existing 3.18 -
acre lot for the creation of 84
condominium units
•Single lot
•Establishes easements
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
SUBTT20689 – Planning Area 15
13
Development Plan Review
•Related to Design Review
DRC2023-00406,
approved on August 20 th ,
2024
•Subdivision of existing 3.4 -
acre lot for the creation of
99 condominium units
•S i n g le Lo t
•Establishes easements
14
•The Fire, Engineering and Building
Departments have reviewed the project and
have provided conditions of approval
included with this staff report.
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
INTERDEPARTMENTAL REVIEW
15
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
ENVIRONMENTAL REVIEW
16
•EIR certified on May 18 th , 2016 in connection to
the Resort North Specific Plan.
•CEQA Guidelines Section 15162 – No
additional CEQA review required for subsequent
approvals of the same project unless new or
more severe environmental impacts are
identified.
•Exempt from further CEQA review.
•Notices mailed to all property owners within 660
feet of the project sites on December 22nd, 2025
and physical notices were posted on each of the
project sites on December 18th, 2025. Notices
were also published in the Inland Valley Daily
Bulletin on December 24th, 2025.
•To date, staff have received no inquiries
regarding this project.
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689
NOTICING
17
RECOMMENDATION
18
RECOMMENDATION
Staff recommends the following:
•Approval of Tentative Tract Map SUBTT20687
through ratification of Resolution No. 26-003
and the attached conditions of approval
•Approval of Tentative Tract Map SUBTT20688
through ratification of Resolution No. 26-004
and the attached conditions of approval
•Approval of Tentative Tract Map SUBTT20689
through ratification of Resolution No. 26-005
and the attached conditions of approval
Tentative Tract Maps SUBTT20687, SUBTT20688, and SUBTT20689 19