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Home My WebLink About2004/05/12 - Agenda PacketMAY 12, 2004 PLANNING COMMISSION AGENDA INDEX ITEM NO. ITEM TITLE PAGES A enda 2-7 A Tree Removal Permit DRC2004-00201 8 - 11 B - C Development Review DRC2003-00988 12 -128 Tentative Parcel Ma SUBTPM16488 D - E Tentative Parcel Map SUBTPM16300 129 - 261 Conditional Use Permit DRC2003-00770 F Develo ment Review DRC2003-00866 262 - 349 G, H, M Tentative Tract Map SUBTT16072 350 - 496 Development Agreement DRC2002-00156 Annexation DRC2002-00865 I, J, K, L, N General Plan Amendment DRC2003-00749 497 - 795 Etiwanda North Specific Plan Amendment D RC2003-00750 Tentative Tract Map SUBTT16324 Development Agreement DRC2003-00751 Annexation DRC2003-00753 O Tentative Tract Ma SUBTT16145 796 - 818 P - O Consideration to Initiate General Plan 819 - 826 DRC2004-00371 Consideration to Etiwanda Specific Plan Amendment DRC2004-00402 • THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA cUGAMONGA May 12, 2004 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman Macias _ Vice Chairman McNiel Fletcher _ McPhail _ Stewart _ II. ANNOUNCEMENTS III. CONSENT CALENDAR The following Consent Calendar~tems are expected to be routine and non-controversial They will be acted on by the Commission atone hme without d~scuss~on If anyone has concern over any item, ~t should be removed for d~scuss~on A RESOLUTION OF APPROVAL FOR TREE REMOVAL PERMIT DRC2004-00201 -FRED SANCHEZ - A request for the removal of a Mexican Fan palm tree at 7638 Pepper Street -APN 0208-711-13 B ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT - A request to construct two bwldings totaling 26,678 square feet consisting of office, medical, and retail use on 2 27 acres of land in the Industnal Park District (Subarea 7), located on the north side of Laurel Street, west of Red Oak Avenue -APN 0208-352-91 Related Files Tentative Parcei Map SUBTPM16488, Tentative Parcel Map SUBTPM16487, and Development Review DRC2003-00987 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration PLANNING COMMISSION AGENDA May 12, 2004 RANCHO CUCAMONGA 2 IV. PUBLIC HEARINGS The following items are public hearings in which concerned md~viduals may voce their op~mon of the related project Please wad to be recognrzed by the Chairman and address the Comm~ss~on by stating your name and address All such opinions shall be limited to 5 minutes per ~nd~vidual for each pro~ecf Please sign ~n after speaking C ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT - A request for a single parcel subdivision for Industrial Condominium Purposes on 2 27 acres of land, in the Industrial Park District (Subarea 7), located on the north side of Laurel Street, west of Red Oak Avenue -APN 0208-352-91 Related Fdes Development Review DRC2003-00988, Tentative Parcel Map SUBTPM16487, and Development Review DRC2003-00987 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration D ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16300 - THARALDSON DEVELOPMENT -The proposed subdivision of 14 8 acres of land into 7 parcels in the Industrial Park District (Subarea 12), located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place -APN 0229-263-48 Related File Conditional Use Permit DRC2003-00770 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration E ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2003-00770 - THARALDSON DEVELOPMENT - A request to develop a commercial center consisting of 3 four-story hotel bwldings totaling 352 rooms and 4 restaurant/retail pads on 14 8 acres of land in the Industrial Park District, Subarea 12, located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place -APN 0229-263-48 Related Files Tentative Parcel Map SUBTPM16300 and Pre-Application Review DRC2003-00276 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration F ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00866 - PANATTONI DEVELOPMENT -The development of 4 one-story concrete tilt-up industrial bwldings ranging from 18,270 square feet to 236,440 square feet for a total of 303,580 square feet on 12 91 acres of land in the General Industrial District (Subarea 8), located at the southeast corner of Arrow Route and Rochester Avenue in the "Watson I-15 Business Center" -APN 0229-121-37 and 39 thru 41, 43, and 44 Staff has prepared a Mitigated Negatwe Declaration of environmental impacts for consideration n ~~ t. J C~ L • _ PLANNING COMMISSION AGENDA May 12, 2004 C~ ONCA 3 G ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT MAP SUBTT16072 -RICHLAND PINEHURST INC -The proposed residential subdivision of approximately 150 8 acres into 359 lots in the Low (2-4 dwelling units per acre) and Very-Low (1-2 dwelling units per acre) Residential Districts, with an average density of 2 3 dwelling units per acre for the entire project, in the Upper Etiwanda Neighborhood of the Etiwanda North Speafic Plan, located at the northwest corner of Wilson Avenue and East Avenue -APN 0225-083-01, 12, 13, 15, 16, and 20 Related Fdes Annexation DRC2002-00865, Development Agreement DRC2001-00156, and Tree Removal Permit DRC2003-00461 H ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2002-00156 -RICHLAND PINEHURST INC - A proposed Development Agreement to address speafic conditions of development and annexation for 150 8 acres of land located at the northwest corner of Wilson Avenue and East Avenue APN 0225-083-01, 12, 13, 15, 16, and 20 Related Files Annexation DRC2002-00865, Tentative Tract Map SUBTT16072, and Tree Removal Permit DRC2002-00461 I ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT DRC2003-00749 - HENDERSON CREEK PROPERTIES, LLC - A proposed General Plan Land Use Amendment to change from Very-Low Residential (1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63 5 acres of land located at the northerly end of Wardman Bullock Road -APN 0225-084-04, 0226-081-09 and 10, and 0226-082-29 Related Files Annexation DRC2003-00753, Development Agreement DRC2003-00751, Etiwanda North Specific Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751 J ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00750 - HENDERSON CREEK PROPERTIES, LLC - A proposed Etiwanda North Specific Plan Amendment to change from Very Low Residential (1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63 5 acres of land and the proposed modification of the circulation system in the Etiwanda Highlands Neighborhood of the Specific Plan -APN 0225-084-04, 0226-081-09 and 10, and 0226-082-29 Related Files Annexation DRC2003-00753, General Plan Amendment DRC2003-00749, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751 K ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC - The proposed subdivision of 63 5 acres into 123 lots for single-family PLANNING COMMISSION AGENDA May 12, 2004 RANCeo cUCAMONGA 4 development, within the Very-Low Residential District (1-2 dwelling units per acre) of the Etiwanda North Specific Plan, located at the northerly end of Wardman Bullock Road -APN 0225-084-04, 0226-081-09 and 10, and 0226-082-29 Related Files Annexation DRC2003-00753, General Plan Amendment DRC2003-00749, Etiwanda North Specific Plan Amendment DRC2003-00750, and Development Agreement DRC2003-00751 L ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00751 - HENDERSON CREEK PROPERTIES, LLC - A proposed Development Agreement to address specific conditions of development and annexation for 63 5 acres of land, located at the northerly end of Wardman Bullock Road within the Etiwanda North Specific Plan -APN 0225-084-04, 0226-081-09 and 10, and 0226-082-29 Related Files Annexation DRC2003-00753, General Plan Amendment DRC2003-00749, Etiwanda North Specific Plan Amendment DRC2003-00750, and Tentative Tract Map SUBTT16324 V. NEW BUSINESS M ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2002-00865 - RICHLAND PINEHURST INC - A proposed annexation of 160 0 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue -APN - 0225-083-01, 12, 13, 14, 15, 16 and 20 Related Files Development Agreement DRC2002-00156, Tentative Tract Map SUBTT16072, and Tree Removal Permit DRC2003-00461 N ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2003- 00753 - HENDERSON CREEK PROPERTIES -A proposed Annexation of 96 9 acres of land into the City of Rancho Cucamonga, located within the Etiwanda North Speafic Plan at the northerly end of Wardman-Bullock Road -APN 0225-084-04, 0226-081-09 and 10, and 0226-082-28 and 29 Related Files General Plan Amendment DRC2003-00749, Etiwanda North Speafic Plan Amendment DRC2003-00750, Tentative Tract Map SUBTT16324, and Development Agreement DRC2003-00751 VI. DIRECTOR'S REPORTS O CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUBTT16145 - RANDOLPH DAVIS - An appeal of the City Planner's denial for incompleteness of a proposed subdivision of 6 lots for residential purposes on 11 34 acres within the Very Low • • r1 L._J _ PLANNING COMMISSION AGENDA May 12, 2004 RANGRG cUCAMONGA rj Residential Density (1-2 dwelling units per acre), including the Equestrian and Hillside Overlay Districts, located north and south of Almond Street, west of Amethyst Street -APN 1061-451-05 The protect includes an Almond Street crossing of Thorpe Canyon P CONSIDERATION TO INITIATE GENERAL PLAN AMENDMENT DRC2004-00371 -CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Very Low Residential (1-2 dwelling urnts per acre) for approximately 27 9 acres of land, located at the northwest and southwest corners of Victoria Avenue and East Avenue - APN 0227-051-30 and 31, 0227-061-38, 57, 70, 71, 72, 73, 74, 78, and 81, and 0227-121-38, 39, 40, 44, 45 and 46 Related file Etiwanda Speafic Plan Amendment DRC2004-00402 O CONSIDERATION TO INITIATE ETIWANDA SPECIFIC PLAN AMENDMENT DRC2004-00402 - CITY OF RANCHO CUCAMONGA - A request to change the Etiwanda Specific Plan land use designation from Low Residential (2-4 dwelling units per acre) to Very Low Residential ( 1-2 dwelling urnts per acre) for approximately 27 9 acres of land, located at the northwest and southwest corners of Victoria Avenue and East Avenue -APN 0227-051-30 and 31, 0227-061-38, 57, 70, 71, 72, 73, 74, 78, and 81, and 0227-121-38, 39, 40, 44, 45 and 46 Related file General Plan Amendment DRC2004-00371 VII. PUBLIC COMMENTS This is the time and place for the general public to address the comm~ss~on Items to be discussed here are those that do not already appear on this agenda VIII. COMMISSION BUSINESS IX. ADJOURNMENT The Planning Comm~ss~on has adopted Administrative Regulations that set an 11 00 p m ad/ournment dme If items go beyond that Lme, they shall be heard only with the consent of the Commission PLANNING COMMISSION AGENDA May 12, 2004 RANCeo 6 cIJCAMONGA I, Gail Sanchez, Planning Comm~ss~on Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 6, 2004, at least 72 hours poor to the meeting per Government Code Section 54964 2 at 10500 Civic Center Dnve, Rancho Cuca onga m ~~~ If you need special assistance or accommodations to participate m this meeting, please contact the Planning Division at (909) 477-2750 Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility Listening devices are available for the hearing impaired • ~ Vicinity Map Planning Commission May 12, 2004 ,L,N G, H, M v, ~ * Meeting Location Rancho Cucamonga City Hall 10500 Civic Center Dnve • Rancho Cucamonga, CA 91730 N City of Rancho Cucamonga Staff Report DATE May 12, 2004 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Shonda Bello, Planning Aide SUBJECT RESOLUTION OF APPROVAL FOR TREE REMOVAL PERMIT DRC2004-00201 - FRED SANCHEZ - A request for the removal of Mexican Fan palm tree, located at 7638 Pepper Street - APN 0208-711-13 BACKGROUND Mr Sanchez applied for a Tree Removal Permit on February 29, 2004 Staff investigated the site and evaluated the request as specified in Section 19 08 060 of the Tree Preservation Ordinance The cnteria for removal were reviewed and the application was denied on March 11, 2004 Mr Sanchez then filed an appeal to the Planning Commission in a timely manner The Planning Commission heard the appeal during the regularly scheduled meeting on April 28, 2004, and deeded to grant the appeal At the direction of the Planning Commission, staff has prepared the attached Resolution of Approval Respec ly submitt Brad uller City Planner BB SB/gym Attachments Resolution of Approval Item A • RESOLUTION NO 04-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2004-00201, LOCATED AT 7638 PEPPER STREET IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0208-711-13 A Recitals 1 Mr Fred Sanchez filed an application on March 1, 2004, for the approval of Tree Removal Permit DRC2004-00201, as descnbed m the title of this Resolution Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the application " 2 The City Planning Department investigated the site and evaluated the application as specified in Section 19 08 060 of the Tree Preservation Ordinance On the 11th day of March 2004, the City Planning Department denied the application by letter This decision was timely appealed by the applicant 5 On the 28th day of Apnl 2004, the Planning Commission of the City of Rancho . Cucamonga conducted a meeting on the application and concluded said meeting on that date 6 All legal prerequisites pnor 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 2 This Commission hereby speafically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct 3 Based upon the substantial evidence presented to this Commission dunng the above referenced meeting on Apnl 28, 2004, including wntten and oral staff reports, this Commission hereby speufically finds as follows a The application applies to property located at 7638 Pepper Street, which contains a Mexican Fan palm tree, approximately 40 feet in height, in the front yard that qualifies as a hentage tree under the City's Tree Preservation Ordinance (Rancho Cucamonga Muniapal Code, Chapter 19 08) The tree is located approximately 7 feet from the existing single-family residence on the site, and b The tree has not been properly maintained as evidenced by the dead fronds wrapping the trunk almost to the base of tree c Heritage trees are protected by the City's Tree Preservation Ordinance, which states that the goal is to preserve healthy trees as a valuable natural resource, which helps to define the community's character Trees provide scenic beauty, prevent sod erosion, provide shade, maintain temperate climate, provide wind buffer, and act as a filter to remove pollution from the air, and PLANNING COMMISSION RESOLUTION NO 04-50 DRC2004-00201 • May 12, 2004 Page 2 d The City's Tree Preservation Ordinance establishes three cntena for evaluating requests to remove trees 1) Poor health, danger of collapse, proximity to an existing structure, or interference with utility services, 2) Necessity to remove in order to construct improvements, and 3) The number of trees in the neighborhood and the effect the removal would have on character of area and property values, and e The applicant desires to re-landscape and reconstruct the imgation system on-site for the purpose of selling the property The proposed irrigation lines would be located m the area of the tree, and f The applicant desires to construct a bnck wall along the mtenor side property Ime, and the tree is located on or near this property line 4 Based upon the substantial evidence presented to this Commission dunng the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a The tree is m close proximity to the existing residence, and b The proposed removal of the tree is necessary to construct a bnck wall and install imgation lines, and c There are only two Palm trees in this neighborhood, hence, they are not the predominant tree speces that establish the character of the street scene The planned property improvements that regwre removal of the tree would increase the value of the property 5 Based upon the findings and conclusions set forth m paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every condition set forth below Plannmp Division 1) Approval is granted for the removal of one Mexican Fan palm tree located in the front yard 2) One replacement tree, minimum 24-inch box size, shall be planted within 60 days of removal The location and species to be determined by property owner The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Macias, Chairman /~ -3 w PLANNING COMMISSION DRC2004-00201 May 12, 2004 Page 3 RESOLUTION NO 04-50 ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 2004, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~? - y ~.._.,J . }~ ~. ~t ,,. T H E ANCt10 O F C U C A M O N C A Staff Report DATE May 12, 2004 TO Chairman and Members of the Planning Commission FROM. Brad Buller, City Planner BY Donald Granger, Assistant Planner SUBJECT. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT - A request for a single parcel subdivision for Industrial Condominwm Purposes on 2 27 acres of land, in the Industrial Park District (Subarea 7), located on the north side of Laurel Street, west of Red Oak Avenue -APN 0208-352-91 Related Files Tentative Parcel Map SUBTPM16487 and Development Review DRC2003-00987 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT - A request to construct two bwldings totaling 26,678 square feet consisting of office, medical, and retail use on 2 27 acres of land in the Industrial Park District (Subarea 7), located on the north side of Laurel Street, west of Red Oak Avenue -APN 0208-352-91 Related Files Tentative Parcel Map SUBTPM16487 and Development Review DRC2003-00987 PROJECT AND SITE DESCRIPTION A Surrounding Land Use and Zoning North - Starbucks Coffee Shop, Chipotle Fast Food Restaurant, and a Chinese Restaurant, Industrial Park (Subarea 7) South - Office Buildings Industrial Park (Subarea 7) East - Vacant Land, Industrial Park (Subarea 7) West - Buddies Italian Restaurant, Industrial Park, (Subarea 7) B General Plan Deslonations Protect Site -Industrial Park North - Industrial Park South - Industrial Park East - Industrial Park West - Industrial Park C Site Characteristics The site is presently vacant with non-native, sparse vegetation covering the matonty of the site The site was rough graded with the remainder of the block several years ago Evidence of reoccurring disang for fire abatement purposes is evident To the Items B & C PLANNING COMMISSION STAFF REPORT SUBTPM16488 AND DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT May 12, 2004 Page 2 north is a Kinko's copy service, a dental office building, Starbuck's coffee shop, and Chipotle fast-food restaurant To the south, across Laurel Street, are several office/professional buildings, to the west is Buddy's Bistro Italian Restaurant, and to the east is a vacant 1 2 acre parcel that has an approved land use entitlement fora 16,448 square foot, two-story office building (DRC2003-00987) The proposed protect should not create any conflicts with the existing land uses in the area, and is consistent with the General Plan's land use designation for the site D. Parking Calculations• Number of Number of Square Parking Spaces Spaces Tvpe of Use Foota a Ratio Regwred Provided Two Office Bwldings 26,678 (gross) Medical Use 10,314 1/200 52 Office Use 16,364 1/250 65 TOTAL 117 117 ANALYSIS• A General The site is surrounded by buildings of varying architectural styles and materials The protect site is located within the Industrial Park Haven Overlay District, which strives for high employment density and a high level of architectural quality Site planning must incorporate elements of apedestrian-oriented, campus-like setting with generous amounts of landscaping. Paseos, esplanades, and courtyards are highly encouraged The applicant is proposing to construct a 26,678 square foot office and medical bulding protect. The protect will consist of two bwldings that will provide 12 condominwm units for indvidual ownership. The primary north-south drive aisle contains decorative pavement that terminates at a circular courtyard with illuminated bollards The protect site has been designed with an outdoor plaza area that includes outdoor furniture and a water fountain The exterior materials consist of plaster, red back, and a decorative cornice. B Parcel Map Concurrent with the Development Review application is Tentative Parcel Map SUBTPM16488 The parcel map proposes the subdivision of air space for industrial condominwm purposes, which will allow individual ownership of the units. C Design Review Committee The site, building elevations, materials, and conceptual landscaping were reviewed on January 20, 2004 The Committee (McPhail, Fletcher, and Fong) recommended the protect be rewsed and brought back for further review The Committee directed the applicant to pay particular attention to providing a pedestrian sidewalk that connects to other bwldings, adding brick to the wall planes, and reconfiguring the tower features to provide a hip roof and additional architectural elements The Committee requested the protect return to the Design Review Committee as a regular item Over the ~~C ~ PLANNING COMMISSION STAFF REPORT SUBTPM16488 AND DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT • May 12, 2004 Page 3 next several weeks, the applicant worked diligently with staff and revised the protect in response to the Committee's comments On April 6, 2004, the Committee reviewed the revised protect, and recommended approval, subtect to conditions of approval The Committee's conditions have been included in the attached Resolution of Approval D Grading Review Committee. The protect was reviewed by the Grading Committee on January 20, 2004 The Committee recommended the protect be revised and return to the Grading Committee for review. On Apnl 6, 2004, the Committee reviewed the revised protect and recommended approval, subtect to conditions of approval The Committee's conditions have been included in the attached Resolution of Approval E Technical Review Committee• The Technical Review Committee reviewed the protect on January 20, 2004, and recommended approval subtect to the standard conditions outlined in the attached Resolution of Approval F Environmental Assessment The applicant completed Part I of the Initial Study, and staff completed Part II of the Environmental Checklist The site is in an area identified as potential Delhi Sands flower-loving fly (DSF) habitat The previously rough graded site is within the Ontano Habitat Recovery Unit for the DSF as identified within the US Fish & W ddlife Service Final Recovery Plan for the DSF dated September 14, 1997 In January of 2004, Ecological Sciences performed a Habitat Suitability Evaluation for the site to evaluate potential habitat to support the DSF Results of the survey indicated the protect site does not provide optimal habitat for DSF due to 1 Dominant coverage of invasive, non-natroe vegetation, 2 Lack of native plant communities that are charactenstic of a DSF habitat, with the exception of the presence of some scattered telegraph weed; 3. Recurring exposure to an on-site weed abatement program (discing) that have prevented microhabitat soil conditions and native plant communities from developing, 4 Surrounding development has resulted in extensive fragmentation of potential DSF habitats in the site vicinity, and 5 There is no apparent connectivity to the subtect site from the nearest known DSF population (approximately 5 0 miles south of the site) Based on the conclusions of the habitat swtabdity evaluation as summarized above, it is concluded that DSF are not expected to occur on-site, as characteristics necessary to support a viable habitat for an extant DSF population are absent Open, sandy areas, more commonly associated with DSF habitat are absent on the protect site Long-standing surface disturbances, such as exposure to recurring weed abatement and other development activities have substantial negative impacts on potential DSF habitat. Recurring sod disruptions may also preclude potentially swtable DSF microhabitat soil conditions from developing, and likely inhibit the growth of native Delhi plant communities Absent preventing ~~c3 PLANNING COMMISSION STAFF REPORT SUBTPM16488 AND DRC2003-00988-OASIS COMMERCIAL DEVELOPMENT May 12, 2004 Page 4 recurring anthropogenic site disturbances, the establishment of a viable DSF would likely be precluded As such, occurrence potential for DSF would therefore be considered low Also, the subtect site would not likely be considered an essential or viable property for preservation or restoration due to its geographic location, surrounding commercial and office developments, and overall absence of swtable habitat on or adtacent to the site Staff concluded that the protect could have a significant adverse environmental impact on short-term air quality during site preparation, such as grading and egwpment exhaust Mitigation measures will be required to reduce impacts to short-term air quality The mitigation measures will reduce these impacts to a less than sigrnficant level If the Commission concurs, then issuance of a Mitigated Negative Declaration would be in order CORRESPONDENCE This item was advertised as a public heanng in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the protect site RECOMMENDATION Staff recommends that the Planning Commission adopt a Mitigated Negative Declaration of environmental impacts and approve Tentative Parcel Map SUBTPM16488 and Development Review DRC2003-00988, through adoption of the attached Resolutions of Approval with conditions Respecttuil ~ submitted, Brad Buller City Planner BB DG/tm Attachments Exhibit " A" Exhibit " B" Exhibit " C" Exhibit " D" Exhibit " E" Exhibit " F" - Location Map -Site Utilization Map - Site Plan - Grading Plan -Tentative Parcel Map SUBTPM16488 - Floor Plans Exhibit "G" -Building Elevations Exhibit "H" -Landscape Plan Exhibit "I" -Design Review Agenda and Action Comments, dated April 6, 2004 Exhibit "J" -Initial Study Draft Resolution of Approval for Tentative Parcel Map SUBTPM16488 Draft Resolution of Approval for Development Review DRC2003-00988 • ~ ~ c ~-4 • • "., o~ .x....o.p~...~y~.n~ ' NV Nl915tl Po316.~v... m..~. .• ¢$¢ q§ °.. 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STATE OF CALIFORNIA AS SNONN BY YAP ON FILE IN BOOK 1BB PACES TT-TB OF PARCEL WPS IN THE OFf ICE OF THE COUNTY RECORDED OF 5410 COUNTY .+w w mm eat I ___ I~~ r '-1 ~^ ____ _J PARCEL 1 ^~I '~ ~' ________T ____________ 131______il_____JI}____Jf______I _______. I ____ 1'_______ i i i ______' r-I I 1 I I I ~ I I ~ I 1 I I 1 I I 1 1 1 1 I 1 I I 1 I I 1 I I ' I I I I I 1 1 I I I I I I i i ____ ,I, -_-_-___-1-_ ___ nR .lenxa rR ru n rr va~i.ri ORAL / APPLICRM / OEYELOPEII IXISTINL USEI Zdllm/PPO'LSED USfI ~IU aoal.lui a~ UTILITIFSI iy p~a_ AN _ 4 Hn rtr a y, -I ~ ' l ~ rr aw~i ~w.m w, - -0 ~~ PPPIELT DATA (' ~ / ~ ~ .vnv. aru~ am..-.:, .gym LAUREL STREET '~~_ ~`/-`\ f P n v~iw.w~NVx,oe, er~nax SFE PPELIYIWRY GIABIHG PLAN Fd Td6PAPNIL FFJTURES RECIPPOLAL FASEIAIT AW10]FN13 ENCUREP 1X15 SITF PEA ODCIRAlR eebLASef Alm zooooloezsz xx.,.,a.m ~ II ~. n,n~nx ~~~w..~, I°:,'O", ~,~°' Tnxrw Tlvs vwnee~ ~meuDt {YI6 R/IOOIX6L 1Ye VFC10PIll w 1RIfR1'le 1111m W b. INp WIR t1R[i i n ' ~vmv +B o~moewyunu 9 e ` ' ffiai b 'JNF~AJN3 OQ7VNCB T/I~H3YOY0~ TAH100~-13tlfltll ~. ° ;0 -y q a.n -±ir± ~~ ~°'~ -~--~4=a -- k~ :~ ~ --- - E E - --- _ I ~~ ~ q [3 l ~ 1 1 oW~ 6 1 NNN NN i i ~9 ~ ~ ji ~v -- ' ~~-__-_ U'l- _-__-__ ~: ~ i t the y ~pe - - .tl ne - - i i ~ i r i I ~ d _ _ Y ~n ~ 'I "~ ~ Pi a _ E ~.. 3 ?? 77 a . r p p p ~hB ! ° 2 ~ ~ 1S - I _~ ___._____~ -_____ __J ' v \ I I F W O g I r i Q F _ I q .~ i y y I 5 f; I ~ _J ~ 1 - - - - g ~ a b o ~ fGY~\~tL ~ ~.~~i =-~ •~ a ~ ~ ~ w a.~. .o. .a........ .~.. ro. ...,.~.. ........_., a,...> s...~......4~.., 0.,~. ,a,.,.,.. ~„m.. oc~~ A v~wewvua'+u r~,g~,p~3 pQryppg (QNL + 1S1) Z'JOl9 Nt'ld HDOIf .,. ~. ~.... .....~...,...~,..~... ue.. lVgH3YiY0~ TIHLOo-J-l3lYltl'1 ~ +,~e 6 b'~t a ~ 6 ~• 0. P ~ ~~ :e . P , P \ o- ~ ' S' ~ '~, ~ ~ P , r, , , , a ~ , ~ , ~~ ~ ~. ~ ~, ~ ~ o ~ ~, ~ ,~~ ' ~ %'~ a , , , ~~ ;, ~, ~ -~ ~ 3 \ ~ p ~ ~ ' P ~~ P ~~ ~ ~ P \ T~ i i ~ 0. i i ~y i ` ~ i ~ ~~ ~. i ~~ ~ ~ ~ ~~ ~ ~~ i~ ~ ~ ~~i ~ -~ ~.\ .~ - .~ B 0. ~~~ ~~ a ~ ~~~ --- ~ --- ~~~ -- - a -- - -~--~--~--~--~- ~~ i I GX,F'tT--P~~~ ~-\ ~3~c i~ ~~ LJ ~~ ~~~~ ~~ amp A o~aoe ` 'JN~PJN3 OOltlN08 ~,~~~~„ ltnJtl3YdgJ TIHlOOj-T3lfltll ~6 ~g g~, ~z ~ ~i' ~~ {y~ oc? t1 ~} 4~ } ~~4 .! 1r :§ :~'~ Et ~i 1~~ ~~ :~ ~~~, . s t r, ~J ~~ /1 /~ ~' ~ • • ~~ p~ n v~rwen~awn a g9^f - y' ' W ~~~-~ ~ ~NI `$~VOH $I$VO "9"989.1.003 73U(lV] ! ~ ` 3 ~ `a e © ~ a :s _ @' G Afp + ma I \\ \ ai o ! ~ t !!I ~ !~ i ~ !!f ~ ~ ~ iy ~ .~~d i •p . ~ f .f / e ~n Ig ~ : f ~fi fi ~~~ 1 > o yi is I jl~ 9 ~ Q9 i~ i ~iY~ 9ii ~ ~ ff p~° F I !11 S 113 y 4~{S~S S~S j~~ ` d }2 ~E ~4F f ~ C, ~94I~ ~ r iiti .~P P - tR ~~ ~ ~~ ' „ F {' ~1 ~E °33 1 fQp [' S 11 ~f ~~iff 7 d9 ~1 ~ 1 4$ a1 f i 1 '- '~ ~; 111I ~ p,~ ~ /a AFB ~ c _ _ I 3e 9 eP ~ tl 1 6 ~ 6 1 : % a s ~ i?~ - -, ! ~ r °~ i s F ~' d ' ~ ; d ? a ~ ~' 1 8 t e E e x = - - - - d t ¢ E w yYtY p Q Q o n \\ /f ~~c i5 DESIGN REVIEW COMMENTS 7 30 p m Donald Granger April 6, 2004 ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT - A request for a single parcel subdivision for Industrial Condominium Purposes on 2 27 acres of land, in the Industrial Park District (Subarea 7), located on the north side of Laurel Street, west of Red Oak Avenue - APN 0208-352-91 Related Files Development Revew DRC2003-00988, Tentative Parcel Map SUBTPM16487, and Development Review DRC2003-00987 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT -A request to construct two bwldings totaling 23,962 square feet consisting of office, medical and retail use on 2 27 acres of land in the Industrial Park District (Subarea 7), located on the north side of Laurel Street, west of Red Oak Avenue - APN 0208-352-91 Related Files Tentative Parcel Map SUBTPM16488, Tentative Parcel Map SUBTPM16487, and Development Review DRC2003-00987 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration Background On January 20, 2004, the Committee (McPhail, Fletcher, Fong) reviewed the protect and recommended that the protect be revised and brought back for further review The Committee • directed the applicant to rewse the project The Committee directed the applicant to pay particular attention to providing a pedestnan sidewalk that connects to other buildings, adding brick to the wall planes, and reconfiguring the tower features to provide a hip roof and additional architectural elements Design Parameters The protect site is located at the northeast corner of Red Oak Avenue and Laurel Street The protect site is located within the Industrial Park Haven Overlay District, which strives for high employment density and a high level of architectural quality Site planning must incorporate elements of apedestnan-oriented, campus-like setting with generous amounts of landscaping Paseos, esplanades, and courtyards are highly encouraged The applicant is proposing to construct two bwldings totaling 23,962 square feet consisting of office, medical, and retail uses The protect site has been with designed with a court yard centered between the buildings that includes a water fountain, landscape planters, and a wood overhead trellis The exterior materials consist of stucco and red brick Horizontal and vertical reglets provide additional relief to the wall planes The vacant property to the east is concurrently being proposed for development of atwo-story office budding totaling 16,448 square feet (DRC2003-00987) In response to the Committee's comments at the January 20, 2004, meeting, the applicant has worked diligently with staff and revised the protect to include the following • A pedestrian sidewalk has been provided around the entire perimeter of the site that connects the proposed bwlding to the other bwldings in this block • The main north-south drive aisle has been reoriented with stamped concrete that terminates mto a circular plaza, providing a focal point • The Landscape Plan has been upgraded with intensified plantings and additional color t~ Substantial amounts of brick have been added to enhance the elevations • The tower elements have been modified to include a hip roof ~~ ~ The trellis feature has been modified to include heftier lumber sizes with decorative ends ,~~C 1~ DRC AGENDA SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT . April 6, 2004 Page 2 Staff Comments The following comments are intended to provide an outline for Committee discussion Major Issues The following broad design issues will be the focus of Committee discussion regarding this pro/ect 1 Avoid using brick only as a base treatment Bnck should be added in strategic areas to emphasize the office/professional use of the protect Staff suggests the following • On the north elevation, brick should be applied to the entire wall plane, up to the cornice, on Units 2, 5, 7, and 10 • On the south elevation, brick should be applied to the entire wall plane, up to the cornice, on Umts 2, 5, 7, and 10 • Brick should cover the entire wall plane on all elevations for both towers Secondary Issues Once all of the mator issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues 1 Eliminate the foam window surrounds in the two towers The tower windows should be modified to include brick surrounds with soldier courses and concrete ledges 2 Bnck should be used as a border treatment around the stamped concrete at the circular plaza • 3 Colored concrete or 24-inch by 24-inch scored concrete should be used in the first 16 spaces in front of the buildings (carpool and handicap) and m the courtyard at the main entrance at the south elevation Colored/scored concrete will define the buldings entrances and enhance the architecture of the bwlding 4 The bollards at the plaza should be decorative and be illuminated 5 Decorative pavement, matching the existing stamped concrete in the pnmary drive aisle, should be added at the two east-west drive aisles near the west property line of the pro/ect Policv Issues The following items are a matter of Planning Commission policy and should be incorporated into the protect design without discussion 1 The protect will require review and approval of a Uniform Sign Program 2 Outdoor furniture shall be provided in the outdoor employee eating area 3 All outdoor furniture (tables, benches, trash receptacles, bollards, etc) shall be uniform Staff Recommendation: Staff recommends approval subtect to the staff recommendations, and that the protect be revised prior to being scheduled for Planning Commission Design Review Committee Action • Members Present McPhail, Stewart, Fong Staff Planner Donald Granger ~~~ i~~ DRC AGENDA SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT April 6, 2004 Page 3 At the meeting, the applicant presented revised drawings which satisfied several of the Mator and Secondary Issues The Committee reviewed the protect and recommended approval with the following conditions Brick shall be added in the following areas to emphasize the office/professional use of the protect On the north elevation, back shall be applied to the entire wall plane, up to the cornice, on Units 2, 5, 7, and 10 On the south elevation, brick shall be applied to the entire wall plane, up to the cornice, on Units 2, 5, 7, and 10 Brick shall cover the entire wall plane on all elevations for both towers 2 The foam window surrounds in the two towers shall be eliminated, and replaced with back surrounds with soldier courses and bnck ledges 3 Bnck shall be used as a border treatment around the stamped concrete at the circular plaza 4 Colored concrete or 24-inch by 24-inch scored concrete shall be used in the first 16 spaces in front of the buildings (carpool and handicap) and in the courtyard at the main entrance at the south elevation 5 The bollards at the plaza shall be decorative and illuminated • 6 Decorative pavement, matching the existing stamped concrete in the primarydnve aisle, shall be added at the two east-west drive aisles near the west property line of the protect ~~~ ~~ \- _ Crty of Rancho Cucamonga P/amm~g bms~on (909)077-2750 C • ENVIRONMENTAL INFORMATION FORM (Part I -Initial Study) (Please type or print clearly using !nk Use tf~ tab key to move /rom one line to the next Ilne.) 2C~3 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies; Ordinances; and. Guidelines; the California Environmental <Quality- Act; _ and the City's Rules and - Procedures to Implement CEQA. It is importanffhat=the info~matiori requested.in this° application be provided in full: - ~ _- =_ -____ _ _ ~__~-_ ~__ _ - , _ ° - , - - ~,' Upon' review of ,the completed Initial Study Part land= the development application; additional iriformation such as, but not limited to, traffia~ noise; biological, drainage, and',. ~.- geological reports may be required. The project application will not be deemed complete,° unless ,the identified special studies%reports are~submitted for review and accepted as complete and adequate. The project application will,nof be$scheduled for Committees'', ,,„-~ ~ review'unless,~allrequired~repotts,are"~submitteii and,dee'med~'coroplete,for~staff 40,~, prepare, the Initi`allStudypPart Ilras required bytCEQA:~ In addition to ~the,filing~fee, the ~,' applicant will ~~b~rresponsible~to pay~or reimburse~the-City, its agents, officers;yand/or,,'~ consultants' for' ally ^costs~ for' the ;;p~epa~atton„review, analysis, recommendations, r, v~~ ~~7 ~ i,~n„ I ~ .~ ~~'~;~i;~~i~i~~~iip yip P'i^; ~~'"' i,i mitigations,'etc:,~ of ariy special studies ornreports.- ~ ~ ~ ,,, , ~~ Apphcahon Number for the protect to which this loan pertains Pro/ectTitle L1hJ~C'L- ~+~trtt~l. ~ti~MME~~tHL ___ Name & Address of protect owner(s) ~ 51 S (~{1 N1 n~ ~~G 1P~ P~~I~bDF~I`/I~N i ~. ~ 7 N~'El~! ~1 vz - SU/7G ~q c~ F , 11N~~rY~ C.1X~3M OnK~1i- ~ /1 Name & Address o/developer or prgect sponsor r-yQi~~ 1} j~~rr' r I•J \~ ~ ((//- I \PLANNING\FINALIFORMS\COUNTER\EnwronmentallntoFOnn1 doc.Pag= 1 / f, ,-) I~ Rev 6/30/03 INCOMPLETEAPPLICATIONSWILLNOTBEPROCESSED Pleasenotethatttlstheresponslburtyottneappucanrroensun=mat the applrcatlon is complete at the time o/ submittal, Cdy stall wdl not be evadable to perform work roquired to provide mrssing inlormahon Contact Person & Address M~1IJf~ 1~ ~~I Gl-A ~{2~7 N~~E~1 >4~~ ~~il~r~ z¢a~ ~-yv~cx~ G.~C/antis~~rrA C~ ~r~c; Name & Address of person preparing this form (d d~flerent /rom abcve) ~fd/3L17J ~tl%~d~iE'G~1HCq ~I4~ ur-c.~. ~v~ • s~~~ boob j~.~J Ct-1~ C i/C!}MO~ A .~ C A ~ 17 a~~ Telephone Number (~~ t~ ~ ~ ~ ' ~ / -/ 2 '1) 2) Provide a full scale (8-1/2 x 1l) copy of the USGS Quadrant Sheet(s) which includes the protect site, and indicate the site boundaries Prowde a set of color photographs that show representative views into the site from the north, south, east, and west, views into and from the site from the primary access points that serve the site, and representative views of significant lectures from the site Include a map showing location of each photograph 3) ProlectLocaticn (describe) L®~r~r No,cTtr or- Lh-I,~~L sr- d+/n • 4) Assessors Parcel Numbers (attach additional sheet d necessary) ~jG oc4 _ X72 'S) Gross Site Area (adsq h) !~G)i CJG / ~ , ~- , ~ 2~7 ~~5~ '6) Net Site Area (total site s¢e minus area of public streets & proposed G1 ~ i 3 ~(~ ~ ~ ~(~, ~~.eES dedications) _ 7) Describe any proposed general plan amendment or zone change which would af/ect the protect site (attach additional sheet it necessary) N~wE I\PLANNING\FINAL\FORMS\COUNTER\EnvironmentallnfoForml docPege2 ~~ ~ C ~~ Rev 6130/03 Information indicated by an asterisk (') is not regmred ofnon-construction CUP's unless othenwse requested by staff 8) Include a descnpbon o/all permits which will be necessary from the City of Rancho Cucamonga and othergovemmental agencies in order to fully implement the pro/ect ~C-S(C~N >°E/IEIN, G~ADiNE~ ~gd7LDiNC ~ ~iF>/TL/ 9) Describe the physical setting of the site as a ewsts before the protect mcludmg information on topography, sod stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects Describe any existing structures on sae (including age and conda~on) and the use of the structures Attach photographs olslgndia3nt features described In addition, ate all sources of mtormabon (i e , geological and/orhydrologic studies, biotic and archeolograal surveys, traffic studies) y~c~wr ~l-1NL7 ~,P~ GP.ADED WITH 021G/NAL MASr~-~e PL,4n(, NO C~u`Tin/G T~t;E~ GN 7rlr/ PROP Ri f' -- - - - 10J Describe the known cultural and/or histonca/aspeas of the sae Cite a!I sources ofinformation (books, published reports and oral history) /JrrN~ • I \PLANNING\FINAL\FORMS\COUNTER\EnwronmentallntoForml docPage 3 ~~ ~ C ~ / Rev 6/30/03 1 i! Descnbe anynoise sources and theirlevels that now aflect the site (aircraft, roadwaynoise, etc) and how they wtll aflect proposed uses 12) Descnbe the proposed prolect in detail This should provide an adequate descnpt~on of the site in terms o(ulhmate use that wtll result from the proposed prolect Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion o/each increment Attach additional sheet(s) if necessary `t1-fE ~'PCSrD P~pJECT INGCUGES ~ CD~~s7~UL77 UN OF- 7l1//? ~- I SrDI`'~ BUrLD/NGS ~~ ~/, E~ s,F rWv /l, 9~~ sF ,~~1~nv&cY 1~VITH ~ i',E'oJGt7~IJ /~{ Ct?M1/IG~C1/\I,~MEDICAL ~G>crGE UN)TS t~~vJG/~l6 rOnM IG,;2.~ SF. TD /74v SF• $ACtl; 7ltt_ pet~sE~~ r~/ill /~y~ Q GENI~'ftL ~-/a~ wf-rxt s~ritilG SAS aNb A tvM~e ~vN7xtr>v' ~Ss tv~1l. ~~ Tlvr? O/CY..Hac~ rz~GU5ES THE CcNs~c/C7ronl /5 Ein/MC m ,~ 1 /\l t~N 7~Nt~~ ~1 b I S Ex~ t~ Ty r~.I= Cr>mGl.~7Eb /N S ~vNtl~ . lar'(~~- ~~ /rte AP-E I x c'r~ 13) Descnbe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects Indicate the type o/ land use (residential, commercial, etc ), intensity of land use (one-/amrly, apartment houses, shops, department stores, etc) and scale of development (height, frontage, setback, rear yard, etc ) 'PA~C,EL / S sy~~aUNc~ oti' 71t,< nr'c~7~r ~Yt1 xvE~PC:a~ ~-~r~~vtt~,~ct~ /!,20f'~T~ klr`1H RGsf/~yki~ f ~-c1"i-Cf= S/~OP /~t~y nr~? r/~Es ~.~ tiN 7-tE ~~7" t7fE~ is A CbIKn2~ctfu.- Pl~.~'-7'tf PH2~an~ L~~T I C~h/ 77-1 Lf~-ST" rs f~GUNG~.t~ ~'~ ~N ACCESS ~c;4t7 A>sb A Vf~l-A11/T ~~-rL /\<_ct'r~~~ Tilt ~ r ~INb olJ litl :Ct/7i!' _ (i PiOUflI7(.~ I'i`! L~llF'f~. ~iZ.C-t;T 14) Will the proposed prolect change the pattern, scale, or character of the surrounding general area of the prolect • I \PLANNING\FINAL\FORMS\COUNTER\EnvironmentallnfoForml docPage 4 /") ~ C G~- _ Rev 6/30/03 1 F) Indreate the type otshort-term and long-term Horse to be generated, including source and amount How will these Horse levels allect adjacent properties and on-site uses What methods o/soundproo(mg are proposed '16) Indreate proposed removals and/or replacements o(mature orscenrc frees /.IaNE 17) Indreate any bodies of water (mcludmg domestic water supplies) into which the site drams i~loN6 18) Indreate expected amount of water usage (See Attachment A /or usage estimates) For further clanfrcatron, please contact the Cucamonga County Water Drstnct at 987-2591 a Residential (gaUday) Peak use (gaUday) b CommercraUlnd (gal/day/ac) /i 700 Peak use (gaUmrn/ac) ~i U~ 19) Indreate proposed method o1 sewage disposal ^Septrc Tank Sewer 1/Septrc tanks are proposed, attach percolation tests I1 discharge to a sanitary sewage system rs proposed rndreate expecteddarlysewagegeneratron (SeeAttachmentAtorusageestrmates) Forlurtherclanficahon,pleasecontac[the Cucamonga County Water Drstnct at 987-2591 a Resrdenbal(gaUday) _ b CommercraUlndustnal (gaUday/ac) 100=/ 500 RESIDENTIAL PROJECTS: 20) Number of residential units r"/~ Detached (rndreate range o1 parcel saes, minimum lot srze and maximum lot srze Attached (rndreate whether units are rental or /or sale units) I \PLANNING\FINAL\FORMS\COUNTER\EnwronmentallnfoForml docPage ~ !>~ ~~~ ~ ~ Rev 5/30/03 21) Anttapated range o/sale prices and/or rents r~//` Sale Price(s) $ to $ Rent (per month) $ to $ 22) Spectty number o/bedrooms by untt type lJ~~ 23) Indtcate anbapated household stze by unit type tiJ~A . 24) Indtcate the expected number of scho~ hrldren who wdl be residing wahm the pro/ect Contact the appropriate School Dtstncts as shown to Attachment B /~ a Elementary b Junior Htgh c Senior Htgh COMMERCIAL INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type o/use(s) and major junction(s) of commercial, mdustnal or tnstttuttonal uses G~i/~, eGFGE ~?jt1L LG~~6Ec S/tCP M<~+'<fn- Or-~/<-~ 26) Total /loor area o/ commeraal, mdustnal, or mshtuhonal uses by type ~ ~'~G ~ ~ ~T 27J Indtcate hours oI operation ~~ ~ M -~-~ °J f?M , 26J Number of employees Total (,t!\I KND 6L'N Maximum Shut Time of Maximum Shttt I \PLANNINGIFINAL\FORMS\COUNTER\EnvironmentallnfoFOrm1 docPage 6 ~ ~ C ~ ~ Rev 6/30/03 29.1 Provide breakdown ofanticipatedlob classifications, including wage and salary ranges, as well as an indication of the rate of hire for each classification (attach additional sheet if necessary) (1 UKNOwiJ 30) Est~mahon of the number of workers to be hired that currently reside m the City j J,U,~/JOGU!/ . '31) For commercial and industnal uses only, indicate the source, type, and amount of air pollution emissions (Data should be venlied through the South Coast Air Quality Management Distnct, at (818) 572-6283) 1~Chr"i/ ALL PROJECTS 32) Have the water, sewer, fue, and flood control agencies serving the protect been contacted to determine their ability to provide adequate service to the proposed prolect~ 1/so, please indicate their response 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic matenals Examples ofhazardous and/or toxic matenals include, but are not limited to PCB's, red~oactive substances, pesticides and herbicides, fuels, oils, solvents, and ofherllammable liquids andgases Also note underground storage ofanycl the above Please list the matenals and descnbe their use, storage, and/or discharge on the property, as well as the dates of use, it known NoN~ 11PLANNING\FINAL\FORMSICOUNTER\EnvironmentallntoForml docPage 7 ~~c as Rev 6/30/03 34) W~l/ the proposed pro/ect involve the temporary orlong-term use, storage, ordrscharge o/hazardous and/or toxic materials, including but not l~m~ted to those examples listed above II yes, provide an inventory of all such materials to be used and proposed method of disposal The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans 1 hereby certdy that the statements fumished above and m the attached exhibits present the data and mformahon required for adequate evaluation of this protect to the best of my ability, thatthe /acts, statements, and mlormahon presented are true and correct tot he best o/my knowledge and belts/ I /urther understand that additional mlormahon maybe regwred to be submitted be/ore an adequate evaluation can be made by the City of Rancho Cucamonga Date /m- rj-Q3 T~Ne. ~_~ I \PLANNING\FINALIFORMS\COUNTER\EnvironmenfallnfoFonnl docPage 8 ~~ ~~ Rev 6/30/03 1 ~-- z O O z 0 0 m •i . __ , +.a^ 4+~-s _ °`4 t ~' rv~~~ ~ ~ t } a t~ C3j ~'A 5 ~~ Q w 0 x O z 0 ~Y z 0 ~~p~ ~dkJ33M~N3 OQltlN08 ~7 sayni~i~ aus ~V1JlIDWgJ TOH1Q?j-~kf(1V i z 0 w 0 z 0 0 ~r 0 w z 0 z O O N // __ - 0 5 lava Tl1~JMK ~OOOffFi 0AO IOOOMEIEHS isx° Wonted 6om TOPOI OZ701 Nehoxd Geognpfuc Holding (www [anv mm) i~ .~ ~ T TDPO~ mao onn[ed on 08/01103 from "Cahfomia tpo" and "Untltled tpg" City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND Prolect File: Development Review DRC2003-00988 and Tentative Parcel Map SUBTPM16488 2. Related Fdes: Development Review DRC2003-00987 and Tentatve Parcel Map SUBTPM16487 Description of Prolect TENTATIVE PARCEL MAP SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT - A request for a single parcel subdivision for Industrial Condominwm purposes, in the Industrial Park District (Subarea 7), located on the north side of Laurel Street, west of Red Oak Avenue - APN 0208-352-91 DEVELOPMENT REVIEW DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT - A request to construct two buildings totaling 23,962 square feet consisting of office, medical and retail use on 2 27 acres of land in the Industrial Park District (Subarea 7), located on the north side of Laurel Street, west of Red Oak Avenue - APN 0208-352-91 4 Prolect Sponsor's Name and Address• • Oasis Commercial Development 9267 Haven Avenue, Suite 2406 Rancho Cucamonga, CA 91730 5. General Plan Designation: Industrial Park 6 Zoning: Industrial Park (Subarea 7) 7. Surrounding Land Uses and Setting: The two properties combine into a 3 47 acre prolect site (hereinafter referred to as "the site" or the "rough-graded site") The site is located at the northwest corner of Laurel Street and Red Oak Avenue, and continues west on the north side of Laurel Street for approximately 690 feet The site is presently vacant with non-native, sparse vegetation covering the majority of the site The site was rough graded with the remainder of the block many years ago Evidence of reoccurring discing for fire abatement purposes is evident To the north are a Kinko's copy service, a dental office building, Starbuck's coffee shop and Chipotle fast-food restaurant To the south, across Laurel Street, are several office/professional buldings To the west is Buddy's Bistro Italian restaurant, and to the east is a vacant 1 82 acre parcel The proposed prolect should not create any conflicts with the existing land uses in the area and is consistent with the General Plan's land use designation for the site Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number Donald Granger, Assistant Planner . (909) 477-2750 10 Other agencies whose approval is required (e g., permits, fmanang approval, or partiapation agreement): None ~~' c ~~ Initial Study for City of Rancho Cucamonga Development Review DRC2003-00988 and Tentative Parcel Map SUBTPM16488 GLOSSARY -The following abbreviations are used m this report. EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM,o -Fine Particulate Matter RWOCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District URBEMIS7G -Urban Emissions Model ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this protect, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages (/) Aesthetics (/) Biological Resources ()Hazards & Hazardous Materials ()Mineral Resources OPublic Services ()Utilities/Service Systems (/) Agricultural Resources (/) Cultural Resources (/) Hydrology/Water Quality ()Energy and Mineral Resources (/) Noise ()Recreation (/) Mandatory Findings of (/) Air Quality (/) Geology/Sods (/) Land Use/Planning ()Population/Housing () Transportation/Traffic DETERMINATION On the basis of this initial evaluation () I find that the proposed protect COULD NOT have a significant effect on the environment A NEGATIVE DECLARATION will be prepared (/) I find that although the proposed protect could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the protect have been made by, or agreed to, by the protect proponent A MITIGATED NEGATIVE DECLARATION will be prepared () I find that the proposed protect MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required () I find that the proposed protect MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is requred, but it must analyze only the effects that remain to be addressed () I find that although the proposed protect could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or . mitigation measures that are imposed upon the proposed protect, nothing further is required ~ C ~~ r1 LJ r1 ~J r1, L~ Initial Study for DRC2003-00988 and SUBTPM16488 Prepared By Reviewed By ~~C t~f City of Rancho Cucamonga Page 3 Date March 30 2004 Date ~ ~~~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 4 Less Tian Sipni6cent Less Issues and Su ortin Information Sources PP g Potenualty Significant w~ln Mrtigaeon man Sipnihcent No I act Inco 2te0 I act I ect EVALUATION OF ENVIRONMENTAL IMPACTS 1 AESTHETICS. Would the pro/ect a) Have a substantial affect a scenic vistas () () () (/) b) Substantially damage scenic resources, including, () () () (/) but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway c) Substantially degrade the existing visual character () () () (/) or quality of the site and its surroundings d) Create a new source of substantial light or glare, () () (/) ( ) which would adversely affect day or nighttime views In the area Comments• a) There are no significant vistas within or adtacent to the protect site The site is not within a view corridor according to General Plan Exhibit III-15 b) The protect site contains no scenic resources and no historic buildings within a State Scenic Highway There are no State Scenic Highways within the City of Rancho Cucamonga c) The site is located at the northwest corner of Laurel Street and Red Oak Avenue, and continues west on the north side of Laurel Street for approximately 690 feet The rough- graded site is presently vacant with non-native, sparse vegetation covering the matority of the site Evidence of reoccurring discing for fire abatement purposes is evident To the north is a Kinko's copy service, a dental office building, Starbuck's coffee shop and Chipotle fast-food restaurant To the south, across Laurel Street, are several office/professional buildings To the west is Buddy's Bistro Italian restaurant, and to the east is a vacant 1 82 acre parcel The visual quality of the area will not degrade as a result of this protect Design review is required prior to approval City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No 87-96, unless exempted by said Resolution d) The protect will create new light and glare because the site is currently vacant The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare Lighting will be selected and located to confine the area of illumination to within the protect site The impact is not considered significant 2. AGRICULTURAL RESOURCES Would the pro/ect a) Convert Prime Farmland, Unique Farmland, or () () (/) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses • • ~~~' ~~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 5 Less TM1an Signi9cant Less Issues and Su ortin Information Sources PP g Potentianr Sgmhcant wpm Mitigation man Sigmhcant No I atl Inco Gated Im act I act b) Conflict with existing zoning for agricultural use, or O O O (/) a W illiamson Act contract c) Involve other changes in the existing environment, () () () (/) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural uses Comments: a) The site is not designated as Prime Farmlands, Unique Farmland or Farmland of Statewide Importance The site is located at the northwest corner of Laurel Street and Red Oak Avenue, and continues west on the north side of Laurel Street for approximately 690 feet The site is presently vacant with non-native, sparse vegetation covering the matority of the site Evidence of reoccurring discing for fire abatement purposes is evident To the north is a Kinko's copy service, a dental office building, Starbuck's coffee shop and Chipotle fast-food restaurant To the south, across Laurel Street, are several office/professional buildings To the west is a sit-down restaurant, and to the east is a vacant 1 82 acre parcel There are approximately 1,300 acres of Prime Farmlands, Unique Farmland or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2 The mator concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful, therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan The General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) There is no agriculturally zoned land within the City of Rancho Cucamonga There are no Williamson Act contracts within the City c) The site is located at the northwest corner of Laurel Street and Red Oak Avenue, and continues west on the north side of Laurel Street for approximately 690 feet The site is presently vacant with non-native, sparse vegetation covering the mafority of the site Evidence of reoccurring discing for fire abatement purposes is evident To the north is a Kinko's copy service, a dental office building, Starbuck's coffee shop and Chipotle fast-food restaurant To the south, across Laurel Street, are several office/professional buildings To the west is a sit-down restaurant, and to the east is a vacant 1 82 acre parcel The nearest agricultural use is more than 2 miles southwest of the protect site Therefore, no adverse impacts are anticipated r ~ L_J 3 AIR QUALITY Would the pro/ect a) Conflict with or obstruct implementation of the () () () (/) applicable air quality plan b) Violate any air quality standard or contribute () (/) () ( ) substantially to an existing or protected air quality violation ~~~ 3~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 6 less Than Signdmant Less Issues and Su ortin Information Sources pp g Potem,auy Significant w~tn Mniganon rnan Sgnificant No I acl Inco oratetl Im act I ect c) Result in a cumulatively considerable net increase () () () (/) of any criteria pollutant for which the protect region is non-attainment under an applicable Federal or State ambient air quality standard (including ' releasing emissions that exceed quantitative thresholds for ozone precursors d) Expose sensitive receptors to substantial pollutant () (/) () ( ) concentrations e) Create obtectionable odors affecting a substantial () () () (/) number of peoples - Comments• a) As noted in the General Plan FEIR (Section 5 6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions In addition, fugitive dust would also be generated during grading and construction activities While most of the dust would settle on or near the prolect site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area Construction is an on-going industry in the Rancho Cucamonga area Construction workers and egwpment work and operate at one development site until their tasks are complete They then transfer to a different site where the process begins again Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing air quality in the region Nevertheless, fugitive dust and egwpment emissions are regwred to be assessed by the South Coast Air Quality Management District (SCAQMD) on a protect-specific basis Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) All construction egwpment shall be maintained m good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' speafications Maintenance records shall be available at the construction site for City venf~cat~on. 2) Prior to the issuance of any grading permits, developer shall submit construction plans to Ctty denoting the proposed schedule and protected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted m SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high volume, low-pressure spray. • ,~~C ~~ • Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 7 Less Than Signtlsanf Less Issues and Su ortln Information Sources pp g Potentially Sigmhcant with Miligalicn man S~gnil¢anl No I act IOCO rafetl I act I aM 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions. • Reestablish ground cover on the construction site through seeding and watering • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material m accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) m accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other suitable means. 8) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water duality Control Board (RWQCB]) daily to reduce PM~g emissions, m accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 98 hours or more to reduce PM~g emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not m use After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5 6) Based upon on the URBEMIS7G model estimates in Table 5 6-4 of the General Plan FEIR, Nox, ROG, and PM,g would exceed SCAQMD thresholds for significance, therefore, would all be cumulatively significant if they cannot be mitigated on a prolect basis to a level less than significant The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council • In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 5 6-4 of the General Plan FEIR, therefore, would all be cumulatively significant if they cannot be mitigated on a prolect basis to a level less than significant The following mitigation measures shall be Implemented ~/ ~~~ ~~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 8 Lela man SiBnificam Less Issues and Su ortn Information Sources PP 9 Potentially Sigmfcant With Mrtipation Than Sigmhcant No I act Inco raletl I act I atl 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i e., in excess of 10 minutes). 11) All industrial and commeraal facilities shall designate preferential parking for vanpools 12) All mdustrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolmk schedules in conspicuous areas. 13) All mdustrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolmk schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by the City Council c) As noted in the General Plan FEIR (Section 5 6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The protect proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large The SCAQMD identifies the following as sensitive receptors long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities According to the SCAQMD, protects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 According to the SCAQMD, protects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 The protect site is located within 1/4 mile of a sensitive receptor Within a 1/4 mile south of the site is a hospital, which provides emergency services Within a 1/4 mile east of the site is a Best Western Heritage Inn Hotel The office and retail uses are not expected to generate toxic air contaminants Potential impacts to air quality are consistent with the Public Health and Safety Super- Element within the Rancho Cucamonga General Plan During construction, there is the possibility of fugitive dust to be generated from grading the site The mitigation measures listed under b) above will reduce impact to less-than-significant levels e) Typically, the office and retail uses proposed do not create obtectionable odors No adverse impacts are anticipated I~ r1 LJ n LJ J ~/i ~ ~(~ • Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 9 Less Tian Sipnihwnt Lass Issues and Supporting Information Sources Poptenbally Si nibcant ~h Mi0 bon vhan Si ndicant No I act Inca retea I act I act 4. BIOLOGICAL RESOURCES. Would the project a) Have a substantial adverse effect, either directly or O O (/) ( ) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service b) Have a substantial adverse effect on riparian () () () (/) habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service c) Have a substantial adverse effect on federally () () () (/) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means d) Intertere substantially with the movement of any () () () (/) native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites e) Conflict with any local policies or ordinances () () () (/) protecting biological resources, such as a tree preservation policy or ordinance f) Conflict with the provisions of an adopted Habitat () () () (/) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan Comments• a) The protect site is located in an area developed with office and retail uses The rough-graded site has been previously disrupted during the construction of surrounding developments and annual discing for weed abatement According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is within an area of sensitive biological resources The previously rough graded site is within the Ontario Habitat Recovery Unit for the Delhi Sands flower-loving fly (DSF) habitats as identified by the US Fish & Wildlife Service (1997) In January of 2004, Ecological Sciences pertormed a Habitat Suitability Evaluation for the site to evaluate potential habitat to support the Delhi Sands flower-loving fly Results of the survey indicated that the protect site does not provide optimal habitat for DSF • due to 1) dominant coverage of invasive, non-native vegetation, 2) lack of native plant communities that are characteristic of a DSF habitat, with the exception of the presence of some scattered telegraph weed, 3) recurring exposure to an on-site weed abatement program (discing) that have prevented microhabitat soil conditions and native plant communities from developing, 4) surrounding development has resulted in extensive ~~~ ~~ Initial Study for City of Rancho Cucamonga • DRC2003-00988 and SUBTPM16488 Page 10 Less Than Sgmhcant Less Issues and Su ortin Information Sources PP g Go+anfiany Sigrnficanf wnn Mifigallon man SiBndicem No I act Into ratatl I act I ect fragmentation of potential DSF habitats in the site vicinity, and 5) there is no apparent connectivity to the subfect site from the nearest known DSF population (approximately 5 0 miles south of the site) Based on the conclusions of the habitat suitability evaluation as summarized above, it is concluded that DSF are not expected to occur onsite as characteristics necessary to support a viable habitat for an extant DSF population are absent Open, sandy areas more commonly associated with DSF habitat are absent on the protect site Long-standing surface disturbances, such as exposure to recurring weed abatement and other development activities have substantial negative impacts on potential DSF habitat Recurring soil disruptions may also preclude potentially suitable DSF microhabitat soil conditions from developing and likely inhibit the growth of native Delhi plant communities Absent preventing recurring anthropogenic site disturbances, the establishment of a viable DSF would likely be precluded As such, occurrence potential for DSF would therefore be considered low Also, the subfect site would not likely be considered and essential or viable property for preservation or restoration due to its geographic location, surrounding commercial and office developments, and overall absence of suitable habitat on or adtacent to the site b) The protect site Is located in an urban area with no natural communities No riparian habitat exists on site, meaning the protect will not have any impacts c) No wetland habitat is present on site As a result, protect implementation would have no impact on these resources d) The matority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed No adverse Impacts are anticipated e) There are no heritage or mature trees on the protect site, therefore, the proposed protect is not in conflict with any local ordinance f) The protect site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4 No conflicts with habitat conservation plans will occur 5. CULTURAL RESOURCES. Would the pro/ect a) Cause a substantial adverse change in the () () () (/) significance of a historical resource as defined In § 15064 5~ b) Cause a substantial adverse change in the () (/) () () significance of an archeological resource pursuant to § 15064 5~ c) Directly or indirectly destroy a unique () (/) () ( ) paleontological resource or site or unique geologic feature d) Disturb any human remains, including those () () () (/) interred outside of formal cemeteries ~~~ l~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 11 Less Than Sigmhcant Less Issues and Su ortin Information Sources PP g Potentially Signdmant With M~tigaLOn Than Signdicant Nc Im act Incarporatetl I act I act Comments a) The prolect site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2 24 (Historw Preservation) There will be no impact b) There are no known archeological sites or resources recorded on the prolect site, however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5 11) Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources The following mitigation measures shall be implemented 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will. r1 ~~ • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CE~A guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the prolect area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 5 11) indicates that the Rancho Cucamonga area is on an alluvial fan According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of- influence, including the prolect site, however, the area has a high sensitivity rating for paleontological resources The older alluvwm, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils The protect site is underlain by Quaternary alluvwm per General Plan Exhibit V-2, therefore, the following mitigation measures shall be implemented 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: /J ~'L 31 Initial Study for City of Rancho Cucamonga DRC2003-00988 and SUBTPM16488 Page 12 Less Than SigniLCant Less Issues and Supporting Information Sources a9 "oalry Si nd¢ant eon Mite anon goon Si ndicant No Im act Inco rated Im act Im act Assign a paleontological monitor, framed and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunng the interval of earth-disturbing activities. Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit summary report to City of Rancho Cucamonga Transfer collected speamens with a copy of the report to San Bernardino County Museum. d) The proposed protect is in an area that has already been disturbed by development The protect site has already been disrupted by surrounding developments and annual discing for weed abatement No known religious or sacred sites exist within the protect area No adverse impacts are anticipated 6 GEOLOGY AND SOILS. Would the protect a) Expose people or structures to potential substantial adverse effects, including the risk of loss, Intury, or death involving Q Rupture of a known earthquake fault, as () () () (/) delineated on the most recent Algwst-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault Refer to Division of Mines and Geology Special Publication 42 n) Strong seismic ground shakfng~ O O O (/) w) Seismic-related ground failure, including O O O (/) liquefaction iv) Landshdes~ O O O (/) b) Result in substantial soil erosion or the loss of () (/) () ( ) topsoil c) Be located on a geologic and or sod that is O O O (/) unstable, or that would become unstable as a result of the protect, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse d) Be located on expansive soil, as defined in Table () () () (/) 18-1-B of the Uniform Building Code (1994), creating substantial risks to Ilfe or property e) Have soils incapable of adequately supporting the () () () (/) use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater ~ ~ c ~~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 13 Less Than Sipmi¢ant Lass Issues and Su ortm Information Sources PP g Potentially Sipnil¢ant WiN MNgauon than Signd¢ant No Im atl Inco oratetl Im acf Im ecf Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 51 of the General Plan FEIR The Red Hill Fault passes approximately 1 25 miles north of the site, and the Cucamonga Fault Zone lies approximately 3 5 miles north These faults are both capable of producng M,„ 6 0-7 0 earthquakes Also, the San Jacinto fault, capable of producing up to Mw 7 5 earthquakes is approximately 13 5 miles northeasterly of the site and the San Andreas, capable of up to M„, 8 2 earthquakes, is approximately 15 miles northeasterly of the site Each of these faults can produce strong ground shaking Adhering to the Uniform Building Code will ensure that geologic impacts are less than significant b) The Rancho Cucamonga area is subtect to strong Santa Ana wind conditions dunng September to April, which generates blowing sand and dust, and creates erosion problems Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control, however, development of this protect under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) The site shall be treated with water or other sod-stabilizing agent (approved by SCAQMD and RW~CB) daily to reduce PMfp emissions, in accordance with SCADMD Rule 403. 2) Frontage public streets shall be swept according to a schedule established by the Cfty to reduce PM~p emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~p emissions from the site dunng such episodes. 4) Chemical soil stabilizers (approved by SCAQMD and Regional Water duality Control Board [RWQCB)) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~p emissions. c) The General Plan FEIR (Section 5 1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer The protect would not withdraw water from the existing aquifer The site fs not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5 1-2 Soil types onsite consist of Delhi Fine Sand Soil association according to General Plan FEIR Exhibit 5 1-3 No adverse impacts are anticipated d) The matority of Rancho Cucamonga, including the protect site, is located on alluvial soil deposits These types of soils are not considered to be expansive Soil types onsite consist of Delhi Fine Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 51-3 These soils typically have very slow runoff, and the hazard of soli blowing is moderate Delhi fine Sand can be nearly level to strongly sloping The protect site has gentle grades in southerly direction No adverse impacts are anticipated e) The protect will connect to, and be served by, the existing local sewer system for wastewater disposal No septic tanks or alternative wastewater disposal is proposed C ~>/ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 14 Less Then Sigmhcant Less Issues and Su ortin Information Sources PP g Potentially Signila aM With MNgatmn Than Sipndsant No I ect Inco oratatl I atl Im ect 7. HAZARDS AND WASTE MATERIALS. Would the pro/ect () ~) ~) ~/) a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials b) Create a significant hazard to the public or the ~) ~) ~) ~/) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials mto the environment c) Emit hazardous emissions or handle hazardous or ~) ~) () ~/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school d) Be located on a site which is included on a list of ~) ~) ~) ~/) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment e) For a protect located within an airport land use plan ~) ~) ~) ~/) or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the protect result in a safety hazard for people residing or working m the protect area f) For a protect within the vicirnty of a private airstrip, ~) ~) ~) ~/) would the protect result in a safety hazard for people residing or working in the protect area g) Impair implementation of or physically interfere with ~) ~) ~) ~/) an adopted emergency response plan or emergency evacuation plan h) Expose people or structures to a significant risk of ~) ~) ~) ~/) loss, intury or death involving wildland fires, including where wiidlands are adtacent to urbanized areas or where residences are intermixed with wildlands~ Comments. a) The protect, consisting of office, medical and retail uses, will not involve the transport, use, or disposal of hazardous materials The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Droision that is more comprehensive that any other in the state The City has adopted a Standardized Emergency Management System MultrHazard Functional Plan to respond to chemical emergencies Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less than significant No adverse impacts are expected b) The proposed protect, consisting of office, medical and retail uses, does not include the use of hazardous materials or volatile fuels The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies /~~C ~2 r~ ICJ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 15 Less Than S,gmhcant Less Issues and Supporting Information Sources Sgenaally mhcant Bath Mite aLOn Shan S, ndsaN No I an Into rated I act I act Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less than significant No adverse impacts are anticipated c) There are no schools located within 1/4 mile of the protect site The protect site is located within 6 miles of the nearest existing (Coyote Canyon Elementary) or proposed school Typically, the uses proposed do not create obtectionable odors No adverse impacts are anticipated d) The proposed office, retell and medical office protect is not listed as a hazardous waste or substance materials site Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials No impact is anticipated e) The site is not located within an airport land use plan and is not within 2 miles of a public airport Protect site is located approximately 2 5 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits No impact is anticipated g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster Because the protect includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated h) Rancho Cucamonga faces the greatest ongoing threat from awind-dnven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005, however, the proposed protect site is not located within a high fire hazard area according to General Plan Exhibit V-7 8 HYDROLOGY AND WATER QUALITY Would the pro/ect a) Violate any water quality standards or waste discharge requirements O O O (/) b) Substantially deplete groundwater supplies or intertere () (/) () ( ) substantially with groundwater recharge such that there would be a net deficit in agwfer volume or a lowering of the local groundwater table level (e g ,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) c) Substantially alter the existing drainage pattern of the site () () () (/) or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site ~~~ ~3 Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 16 Less Than SiBmhcenf Less Issues and Su ortin Information Sources pp g PotenOally Signdioant Watt Maigaaon Than Sipndtoanl Na I act Inco rated t atl I as d) Substantially alter the existing drainage pattern of the site () () () (/) or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site e) Create or contribute runoff water which would exceed the () () () (/) capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff f) Otherwise substantially degrade water quality () (/) () ( ) g) Place housing within a 100-year flood hazard area as () () () (/) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation maps h) Place within a 100-year flood hazard area structures that () () () (/) would impede or redirect flood flows i) Expose people or structures to a significant risk of loss, () () () (/) intury or death involving flooding, including flooding as a result of the failure of a levee or damp t) Inundation by seiche, tsunami, or mudflow~ () () () (/) Comments. a) Water and sewer service is provided by the Cucamonga County Water District (CCWD) and will not affect water quality standards or waste discharge regwrements Protect is designed to connect to existing water and sewer systems b) According to CCWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins CCWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect well not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2 The development of the site will require the grading of the site and excavation, however, would not affect the existing agwfer, estimated to be about 288 to 470 feet below the ground surface As noted in the General Plan FEIR (Section 5 9), continued development citywide will increase water needs and is a significant impact, however, CCWD has plans to meet this increased need through the construction of future water facilities The following mitigation measure shall be implemented 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropriate Measures that may be used to mmimfze runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and backs, terraces, diversions, runoff spreaders, seepage pits, and recharge basins c) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The protect design includes landscaping of all non-hardscape areas to prevent erosion A • ~~ ~!- `i Initial Study for DRC2003-00988 and SUBTPM16488 IL_J City of Rancho Cucamonga Page 17 Less Than Signdicant Less Issues and Su ortln Information Sources PP g Potentially Signifcant Wnh Mitigation Tnan Sgnd¢ant No Im act Inco orated Im act Irtpact grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits Therefore, the protect will not result In substantial erosion or siltation on- or off-site The impact Is not considered significant d) The protect will cause changes In absorption rates, drainage patterns, and the rate and amount of surtace water runoff due to the amount of new building and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits Therefore, increase In runoff from the site will not result In flooding on- or off-site No impacts are anticipated e) The protect will cause changes In absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site, however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The protect will not result In substantial additional sources of polluted runoff A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits Therefore, increase In runoff from the site will not result In flooding on- or off-site No Impacts are anticipated f) Grading activities associated with the construction period could result In a temporary Increase In the amount of suspended solids In surface flows during a concurrent storm event, thus resulting In surtace water quality Impacts The site Is more than 1 acre, therefore, Is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution A Water Quality Management Plan was prepared by Goodman & Associates and concluded that the following mitigation measures shall be Implemented 2) Storm Dram Signage (ID number SD-13) shall be indicated on the precise Grading Plan submitted for plan check. 3) Media Filters or (number MP-40) or Dram Inserts (MP-52) shall be indicated on the precise Grading Plan submitted for plan check 4) The precise Grading Plan submitted for plan check shall include "Fact Sheets" from the California Stormwater BMP Handbook 5) The precise Grading Plan submitted for plan check shall indicate in the Site Description that the project is in the Upper Santa Ana River watershed and that known problems include the following contaminates: salinity, total dissolved solids, nutrients, pathogens and chlorides. 6) Prior to Issuance of grading or paving permits, applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification • Number) shall be submitted to the Clty Engineer for coverage under the NPDES General Construction Permit. g) No housing units are proposed with this protect No adverse Impacts are expected ~~C ~~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 18 Less Than Signdmant Less Issues and Su ortin Information Sources PP g Potentially Signihcanf With MiOgabon Than Signifcanf No I aM Incor orafetl Im act Im act h) The protect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event The system is substantially improved and provides an integrated approach for regional and local drainage flows This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6 The protect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected There are no oceans, lakes or reservoirs near the protect site, therefore impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City 9 LAND USE AND PLANNING. Would the pro/ect a) Physically divide an established commumty~ O O O (/) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with turisdiction over the protect (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect c) Conflict with any applicable habitat conservation () () (/) ( ) plan or natural community conservation plan Comments. a) The site is located at the northwest corner of Laurel Street and Red Oak Avenue, and continues west on the north side of Laurel Street for approximately 690 feet The site is presently vacant with non-native, sparse vegetation covering the matority of the site Evidence of reoccurring discing for fire abatement purposes is evident To the north is a Kinko's copy service, a dental office building, Starbuck's coffee shop and Chipotle fast-food restaurant To the south, across Laurel Street, are several office/professional buildings To the west is a sit-down restaurant, and to the east is a vacant 1 82 acre parcel This protect will be of similar design and size to surrounding development to the north, west and east The protect will become a part of the larger community No adverse impacts are anticipated b) The protect site land use designation is Industrial Park The proposed protect is consistent with the General Plan and does not interfere with any policies for environmental protection As such, no impacts are anticipated c) The protect site is located in an area developed with office and retail uses The rough-graded site has been previously disrupted during the construction of surrounding developments and annual discing for weed abatement According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is within an area of sensitive biological resources ~~C ~~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 19 Less TNan Sgnrticant Less Issues and Su ortin Information Sources PP g Potentially Sgnihcant w~tn Mitigation man Significant No I act Inco ratetl I tip I act The previously rough graded site is within the Ontario Habitat Recovery Unit for the Delhi Sands flower-loving fly (DSF) habitats as identified by the US Fish & Wildlife Service (1997) In January of 2004, Ecological Sciences performed a Habitat Suitability Evaluation for the site to evaluate potential habitat to support the Delhi Sands flower-loving fly Results of the survey indicated that the protect site does not provide optimal habitat for DSF due to 1) dominant coverage of invasive, non-native vegetation, 2) lack of native plant communities that are characteristic of a DSF habitat, with the exception of the presence of some scattered telegraph weed, 3) reoccurring exposure to an on-site weed abatement program (discing) that have prevented microhabitat soil conditions and native plant communities from developing, 4) surrounding development has resulted in extensive fragmentation of potential DSF habitats in the site vicinity, and 5) there is no apparent connectivity to the subtect site from the nearest known DSF population (approximately 5 0 miles south of the site) Based on the conclusions of the habitat suitability evaluation as summarized above, it is concluded that DSF are not expected to occur onsite as characteristics necessary to support a viable habitat for an extant DSF population are absent Open, sandy areas more commonly associated with DSF habitat are absent on the protect site Long-standing surtace disturbances, such as exposure to recurring weed abatement and other development activities have substantial negative impacts on potential DSF habitat Recurring soil disruptions may also preclude potentially suitable DSF microhabitat soil conditions from developing and likely inhibit the growth of native Delhi plant communities Absent preventing recurring anthropogenic site disturbances, the establishment of a viable DSF would Iikeiy be precluded As such, occurrence potential for DSF would therefore be considered low Also, the subtect site would not likely be considered and essential or viable property for preservation or restoration due to its geographic location, surrounding commercial and office developments, and overall absence of suitable habitat on or adtacent to the site 10. MINERAL RESOURCES. Would the project a) Result m the loss of avadabddy of a known mineral O O O (/) resource that would be of value to the region and the residents of the State b) Result in the loss of availability of a locally () () () (/) important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan Comments. a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1, therefore, there is no impact b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site, therefore, there is no impact ~~~ ~( Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 20 Less Than Sigmhcant Less Issues and Su ortin Information Sources PP g Potentially S,gnd¢ant wan Mitigation Than Sigmhcant No I act Inco rates I act I act 11. NOISE Would the prolect result in a) Exposure of persons to or generation of noise () (/) () ( ) levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agenaes~ b) Exposure of persons to or generation of excessive () () () (/) ground borne vibration or ground borne noise levels c) A substantial permanent increase in ambient noise () () () (/) levels in the prolect vicinity above levels existing without the prolect d) A substantial temporary or penodic increase in O (/) O ( ) ambient noise levels in the prolect vicinity above levels existing without the prolect e) For a prolect located within an airport land use plan () () () (/) or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the prolect expose people residing or working in the prolect area to excessive noise levels f) For a prolect within the vicinity of a pnvate austnp, O O O (/) would the prolect expose people residing or working in the prolect area to excessive noise levels Comments: a) The prolect site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out The prolect site will be subject to 65dBA noise levels within 368 feet of Foothill Boulevard However, the City's Development Code requires that all industrial, commercial and office uses be conducted within an enclosed building, hence, no adverse operational impact to nearby commercial uses is expected The General Plan FEIR (Section 5 7) indicates that during a construction phase, on-site stationary sources, heavy- duty construction vehicles, and construction egwpment, will generate noise exceeding City standards The following measures are provided to mitigate the short-term noise impacts 1) Construction or grading shall not take place between the hours of 8 00 p.m. and 6.30 a m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 02.120-D, as measured at the property Ime Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02 120. Monitoring at other times may be required by the Planning Division Said consultant shall report their findings to the Planning Division within 24 hours; however, it noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 21 Less Tnan Sigrubcam Less Issues and Su ortin Information Sources pp g Fglenaally sgw¢am wnn Mmgamn Than Sgrnrcant No I act Into ratetl I aM I act The preceding mitigation measures will reduce the disturbance created by on-site construction equipment, however, do not address the potential impacts due to the transport of construction materials and debris The following mitigation measures shall then be required 3) Haul truck deliveries shall not take place between the hours of 8.00 p.m. and 6:30 a m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. b) The uses associated with this type of prolect normally do not induce ground borne vibrations As such, no impacts are anticipated c) The primary source of ambient noise levels in Rancho Cucamonga is traffic The proposed activities will not significantly increase traffic, hence, are not anticipated to increase the ambient noise levels within the vicinity of the prolect d) See a) response above e) The site is not located within an airport land use plan and is not within 2 miles of a public airport Located approximately 2 5 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits No impact is anticipated 12. POPULATION AND HOUSING. Would the pro/ect a) Induce substantial population growth in an area, () () () (/) either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere c) Displace substantial numbers of people, () () () (/) necessitating the construction of replacement housing elsewhere Comments. a) The prolect is located in a predominantly developed area and will not induce population growth Construction activities at the site will be short-term and will not attract new . employees to the area Once constructed, the proposed prolect will have a limited number of employees, hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities No impacts are anticipated ~ ~ C ~~ Initial Study for City of Rancho Cucamonga . DRC2003-00988 and SUBTPM16488 Page 22 Lass rnan S,gmhcant Lass Issues and Su ortin Information Sources PP 9 aaenaatlr $,9ryLCant w~ln MiagaOOn rna„ $igni6ranl No I act Into ratetl 1 acY I acl b) The protect site contains no existing housing units No adverse impact expected c) The protect site is vacant land No impacts are anticipated 13. PUBLIC SERVICES Would the pro/ect result ~n substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance ob/echves for any of the public seances O O O (/) a) Fire protection b) Police protections () () () (/) c) Schools () () () (/) d) Parks () () () (/) e) Other public facilities () () () (/) Comments• a) The site, located on the north side of Laurel Street, west of Red Oak Avenue, would be served by a fire station located less than 1 mile from the protect site The protect will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the protect so no impacts to fire services will occur No impacts are anticipated b) Additional police protection is not required as the addition of the protect will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the protect site is within an area that is regularly patrolled c) The site is in a developed area currently served by the Central School District and the Chaffey Joint Union High School District The protect will be required to pay school fees as prescribed by State law prior to the issuance of building permits No impacts are anticipated d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park, Milliken Park, is located approximately 6 miles from the protect site The protect will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities A standard condition of approval will require the developer to pay park development fees No impacts are anticipated e) The proposed protect will utilize existing public facilities The site is in a developed area, currently served by the City of Rancho Cucamonga The protect will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Cumulative development within Rancho Cucamonga will increase demand for library services According to the General Plan FEIR (Section 5 9 9), the protected increase in library space under the General Plan will not meet the protected demand The General Plan FEIR identified the • ~~ t~ v Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 23 Less Than Signdicant Less Issues and Su ortin Information Sources PP 9 Potentially SiBnilcant wnh Mitigation Than Sgmfcant No I ael OCO Ofdl2d atl aM cumulative Impact on library services as a significant unavoidable adverse Impact for which a Statement of Overriding Considerations was ultimately adopted by the Clty Council The proposed protect is consistent with the General Plan for which the EIR was prepared and Impacts evaluated Since the adoption of the General Plan, the Clty has planned a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the protected need of 15,500 square feet at build-out of the City 14. RECREATION. Would the protect a) Increase the use of existing neighborhood and () () () (/) regional parks or other recreational faculties such that substantial physical deterioration of the faculty would occur or be accelerated b) Does the protect include recreational facilities or () () () (/) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment Comments• a) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park, Milliken Park, Is located approximately 6 miles from the protect site This protect is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational faculties A standard condition of approval well require the developer to pay park development fees No Impacts are anticipated b) See a) response above 15 TRANSPORTATIONITRAFFIC Would the protect a) Cause an Increase in traffic, which Is substantial in () () () (/) relation to the existing traffic load and capacity of the street system (i e , result In a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level () () () (/) of service standard established by the county congestion management agency for designated roads or highways c) Result in a change in air traffic patterns, including () () () (/) either an increase In traffic levels or a change in location that results In substantial safety risks d) Substantially increase hazards due to a design () () () (/) feature (e g , sharp curves or dangerous intersections) or incompatible uses (e g , farm equipment) e) Result in inadequate emergency access () () () (/) f) Result in inadequate parking capacity O O O (/) ~~c ,~~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 24 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Significant with MitigaLOn Than Sigrv6cant No 1 act Inco ratatl i act I act g) Conflict with adopted pohaes, plans, or programs O O O (/) supporting alternative transportation (e g , bus turnouts, bicycle racks) Comments. a) As noted in the General Plan FEIR (Section 5 5), continued development will contribute to the traffic load in the Rancho Cucamonga area The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated The protect is in an area that is mostly developed with street improvements existing or included in protect design The protect will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections The protect site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits Fees are used to fund roadway improvements necessary to support adequate traffic circulation No impacts are anticipated b) A two-way, a m and p m peak hour trip generation analysis was completed for the protect The protect is forecasted to generate 38 two-way a m peak hour non-retail trips, and 23 two- way a m peak hour retail trips The protect is forecasted to generate 49 two-way p m peak hour non-retail trips, and 80 two-way p m peak hour retail trips Trip generation calculations were based on the Rancho Cucamonga Traffic Model Aland use designation of Community Commercial was used to calculate the two-way peak trips for retail use since the protect has access to Foothill Boulevard, a motor commercial corridor Additionally, directly across the protect site is a shopping center, which is zoned Community Commercial Since the protect will generate less than 250 two-way peak hour trips for non-retail use, and less than 1,000 two-way peak hour trips for retail land use, the protect is well below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for regwring a traffic impact analysis The protect is in an area that is mostly developed with all street improvements existing The protect will not negatively impact the level of service standards on adtacent arterials The protect will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site No impacts are anticipated c) Located approximately 2 5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns No impacts are anticipated d) The protect is in an area that is mostly developed The protect wilt be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site The protect design does not include any sharp curves or dangerous intersections or farming uses The protect will, therefore, not create a substantial increase in hazards due to a design feature No impacts are anticipated e) The protect will be designed to provide access for all emergency vehicles and will therefore not create an inadequate emergency access No impacts are anticipated f) The protect design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity No impacts are anticipated ~ ~` ~ ~2 Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 25 Less Than Signdicant Less Issues and Su ortn Information Sources PP 9 Potentially Signtl¢ant Wnh Mitigaeon Than Significant No I act Inca oratetl I act Impact g) The protect design includes, or the protect will be conditioned to provide, features supporting transportation and vehicle trip reduction (e g ,bus bays, bicycle racks, carpool parking, etc ) 16 UTILITIES AND SERVICE SYSTEMS Would the protect O O O (/) a) Exceed wastewater treatment requrements of the applicable Regional Water Quality Control Board b) Requre or result in the construction of new water () () () (/) or wastewater treatment facilities or expansion of existing faalities, the construction of which could cause significant environmental effects c) Require or result in the construction of new storm () () () (/) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects ~ d) Have sufficient water supplies available to serve () () () (/) the protect from existing entitlements and resources, or are new or expanded entitlements needed e) Result in a determination by the wastewater () () () (/) treatment provider, which serves or may serve the protect, that it has adequate capacity to serve the protect's protected demand in addition to the provider's existing commitments f) Be served by a landfill with sufficent permitted O O O (/) capacity to accommodate the protect's solid waste disposal needs g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste Comments: a) The proposed protect is served by the Cucamonga County Water District sewer system, which has waste treated by the Inland Empue Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The protect is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated b) The proposed protect is served by the Cucamonga County Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity The protect is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits The impact is not considered significant d) The Cucamonga County Water District (CCWD) provides water treatment, storage, and distribution of domestic water to Rancho Cucamonga, portions of the cities of Ontario and ~3~~c ~3 Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 26 Less Than Sgnd¢ant less Issues and Su ortin Information Sources PP 9 Potentially Sigmhcant with Mitigation Than Signdicant No 1 act Inco oratetl Im act Im ect Fontana, and a tract in Upland The current daily water usage in the CCWD service area is 41 7 million gallons per day (mgd) Residential water use amounts to about 60 percent of the total water consumed Landscaping (public and private) is the next largest consumer of water at 20 percent The proposed protect would include the construction/operation of one office building and two office/medical/retail buildings totaling 40,410 square feet Based on the proposed use and size, the protect does not fall under the requirements of SB 610 and SB 221, and, therefore, would not require a Water Supply Assessment The CCWD has an adopted master plan that estimated water demand and supply needs until the year 2030 The CCW D is responsible for collecting developer fees for the construction and operation of water and wastewater facilities Proposed water usage and sewer flows would be in accordance with what was determined at the time of the General Plan adoption, and is not considered significant The protect is served by the Cucamonga County Water District water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this protect No impacts are anticipated e) The proposed protect is served by the Cucamonga County Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity No impacts are anticipated f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs g) This protect complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no impacts are anticipated 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the protect have the potential to degrade the () () (/) ( ) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the mator periods of California history or prehistory b) Does the protect have impacts that are individually () () () (/) limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a protect are considerable when viewed in connection with the effects of past protects, the effects of other current protects, and the effects of probable future protects) c) Does the protect have environmental effects that () () () (/) will cause substantial adverse effects on human beings, either directly or indirectly ~ ~c ~~ Initial Study for DRC2003-00988 and SUBTPM16488 City of Rancho Cucamonga Page 27 Less Than Sgnihcant Less Issues and Sup ortin Information Sources Potentially Wnh Than p g Sgndv:ant Mitigation Sigmhcant No Im act Inca omtetl Impact Impact Comments• a) The protect site is located in an area developed with office and retail uses The site has been previously disrupted during the construction of surrounding developments and annual discing for weed abatement According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is within an area of sensitive biological resources The previously rough graded site is within the Ontario Rabitat Recovery Unit for the Delhi Sands flower-loving fly (DSF) habitats as identified by the US Fish & Wildlife Service (1997) In January of 2004, Ecological Sciences performed a Habitat Suitability Evaluation for the site to evaluate potential habitat to support the Delhi Sands flower-loving fly Results of the survey indicated that the protect site does not provide optimal habitat for DSF due to 1) dominant coverage of invasive, non-native vegetation, 2) lack of native plant commumt~es that are characteristic of a DSF habitat, with the exception of the presence of some scattered telegraph weed, 3) recurring exposure to an on-site weed abatement program (discing) that have prevented microhabitat soil conditions and native plant communities from developing, 4) surrounding development has resulted in extensive fragmentation of potential DSF habitats in the site vicinity, and 5) there is no apparent connectivity to the subtect site from the nearest known DSF population (approximately 5 0 miles south of the site) Based on the conclusions of the habitat suitability evaluation as summarized above, it is concluded that DSF are not expected to occur onsite as characteristics necessary to support a viable habitat for an extant DSF population are absent Open, sandy areas more commonly associated with DSF habitat are absent on the protect site Long-standing surface disturbances, such as exposure to recurring weed abatement and other development activities have substantial negative Impacts on potential DSF habitat Recurring soil disruptions may also preclude potentially suitable DSF microhabitat soil conditions from developing and likely inhibit the growth of native Delhi plant communities Absent preventing recurring anthropogenic site disturbances, the establishment of a viable DSF would likely be precluded As such, occurrence potential for DSF would therefore be considered low Also, the subtect site would not likely be considered and essential or viable property for preservation or restoration due to its geographic location, surrounding commeraal and office developments, and overall absence of sutable habitat on or adtacent to the site b) If the proposed protect were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of bwld- out In the City and Sphere of Influence The City made findings that adoption of the General Plan would result In significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources Mitigation measures were adopted for each of these resources, however, they would not reduce impacts to less than significant levels As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Gwdelines Section 15092 and 15096(h)) These benefits include less overall traffic volumes by developing mixed-use protects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required ~~~~ ~~ Initial Study for City of Rancho Cucamonga DRC2003-00988 and SUBTPM16488 Page 28 • c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact Proposed mitigation measures would further reduce emission levels Additionally, impacts resulting from air quality would be short-term and would cease once construction actroities were completed The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels Mitigation measures contained in this Initial Study will ensure impacts are at less than significant levels EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tienng, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D) The effects identified above for this protect were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The following earlier analyses were utilized in completing this initial Study and are available for review in the City of Rancho Cucamonga, Planning Diwsion offices, 10500 Civic Center Drive (check all that apply) (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (/) Industrial Area Specific Plan EIR (Certified September 19, 1981) (/) Foothill Boulevard Specific Plan EIR (SCH #87021615, certified September 16, 1987) (/) Habitat Suitability Evaluation, Ecological Sciences (January 4, 2004) (/) Water Quality Management Plan, (Goodman & Associates, December, 2003) ~~ • • • Initial Study for DRC2003-00988 and SUBTPM16488 APPLICANT CERTIFICATION City of Rancho Cucamonga Page 29 I certify that I am the applicant for the protect described in this Initial Study I acknowledge that I have read this Initial Study and the proposed mitigation measures Further, I have revised the protect plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur Applicant's Signature- ~ Date ~3-3/-oe~ Pnnt Name and Title . -S.'72L-~' ~v.~..r~~ d~+w+~ ~~'~ ~7 City of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review ~n accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Prolect File No. Development Review DRC2003-00988 and Tentative Parcel Map SUBTPM16488 Related Files: Development Review DRC2003-00987 and Tentative Parcel Map SUBTPM16487 Public Review Period Closes• May 12, 2004 Proiect Name: Project ApplicanF Oasis Commercial Development Project Location (also see attached map). Located on the north side of Laurel Street, west of Red Oak Avenue - APN 0208-352-91 Proiect Description A request to construct two buildings totaling 23,962 square feet consisting of office, medical, and retail use on 2 27 acres of land, and for a single parcel subdivision for Industrial Condominium purposes, within the Industrial Park District (Subarea 7) FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the protect may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: ~ The Initial Study shows that there is no substantial evidence that the protect may have a significant effect on the environment ® The Initial Study identified potentially significant effects but (1) Revisions m the protect plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the protect as revised may have a significant effect on the environment If adopted, the Negatwe Declaration means that an Environmental Impact Report wdl not be required Reasons to support this finding are included m the attached Initial Study. The protect file and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negatwe Declaration during the review period. Mav 12, 2004 Date of Determmaticn Adopted By ~ ~ G -~~ • • • RESOLUTION NO 04-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16488, A SUBDIVISION OF ONE PARCEL FOR OFFICE CONDOMINIUM PURPOSES IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED ON THE NORTH SIDE OF LAUREL STREET, WEST OF RED OAK AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0208-352-91 A Rentals 1 Oasis Commercial Development filed an application for the approval of Tentative Parcel Map SUBTPM16488, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subted Tentative Parcel Map request is referred to as "the application " 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal prerequisites pnor 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 dunng the above referenced public heanng on May 12, 2004, including wntten and oral staff reports, together with public testimony, this Commission hereby speafically finds as follows a The application applies to a vacant 2 27 acre parcel of land on the north side of Laurel Street, west of Red Oak Avenue, and b The properties to the north of the subtect site are developed with a restaurant, coffee shop, and fast food restaurant, and are zoned Industnal Park, the property to the south is developed with office buildings and is zoned Industnal Park, the property to the east is vacant and is zoned Industnal Park, and has an approved land use entitlement for an office bulding, and the property to west is developed with a restaurant and is zoned Industnal Park, and c The application proposes the subdivision of air space for office condominwm purposes, and d The application, in contunction with Development Review DRC2003-00988, proposes the development of an office building, and . e The subdivision, togetherwith the recommended conditions of approval, complies with all minimum development standards for the City of Rancho Cucamonga ~ C ~~~ PLANNING COMMISSION RESOLUTION NO 04-51 SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT • May 12, 2004 Page 2 3 Based upon the substantial evidence presented to this Commission during the above-referenced public heanng and upon the specific findings of facts set forth m paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That the tentative parcel map is consistent with the General Plan, Development Code, and any applicable speafic plans, and b The design or improvements of the tentative parcel map is consistent with the General Plan, Development Code, and any applicable speafic plans, and The site is physically suitable for the type of development proposed, and d The design of the subdivision is not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat, and e The tentative parcel map is not likely to a3use senous public health problems, and f The design of the tentative parcel map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivsion 4 Based upon the facts and information contained in the proposed Mitigated Negative • Declaration, together with all wntten and oral reports included for the environmental assessment for the application, the Plamm~g Commission finds that there is no substantial evidence that the protect will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitonng Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a That the Mitigated Negative Declaration has been prepared m compliance vnth the California Environmental Quality Act (CEQA) of 1970, as amended, and the State CEQA gwdelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent tudgment of the Plamm~g Commission, and, further, this Commission has reviewed and considered the mforrnation contained m said Mitigated Negative Declaration with regard to the application b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the protect is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the protect, which are listed below as conditions of approval c Pursuant to the provisions of Section 753 5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows In considenng the record as a whole, the Initial Study and Mitigated Negative Declaration for the protect, there is no evidence that the proposed protect will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission durng the public heanng, the Plamm~g Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(c-1-d) of Title 14 of the California Code of Regulations /~~ ~ ~° PLANNING COMMISSION RESOLUTION NO 04-51 SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT . May 12, 2004 Page 3 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Division 1) All pertinent conditions of approval for Development Review DRC2003-00988 shall apply Engineering Division 1) Provide a revised drainage report for review by the Gty Engineer prior to issuance of grading permits Report shall be perthe City's "Drainage Report Regwrements" handout, and shall expand upon the April 16, 2004, "Preliminary Hydrology Report " The report shall determine appropriate facilities for draining the current ponding area in the drive aisle along the north prolect boundary The drainage system should be sized for Q~oo and an overflow path should be provided, in case of plugging, to protect the property Sumps in the private storm dram system shall be designed for Q,oo and the pond depth can be no greater than 12 inches in automobile pariong areas • 2) Incorporate drain inserts, a Best Management Practice (BMP), (ID number MP-52) into the design and identify it on the Grading Plans Storm Drain Signage (number SD-13) shall also be installed 3) Maintenance of BMPs identified in the Water Quality Management Plan (WQMP) shall be addressed in the prolect Covenants, Conditions, and Restrictions (CC&Rs) Environmental Mitigation Arr Quality 1) All construction egwpment shall be maintained in good operating condition so as to reduce operational emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use Construction contractors shall provide evidence that low-emission mobile construction egwpment will be utilized, or that their use was investigated and found to be infeasible for the prolect Contractors shall also conform to any construction measures imposed by the South Coast Av Quality Management District • (SCAQMD), as well as City Planning staff ~~'~ 6~ , PLANNING COMMISSION RESOLUTION NO 04-51 SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT • May 12, 2004 Page 4 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Adddionally, contractors shall include the folloHnng provisions Reestablish ground cover on the construction site through seeding and watenng • Pave or apply gravel to any on-site haul roads • Phase grading to prevent the susceptibility of large areas to erosion over extended penods of time Schedule activities to mirnmize the amounts of exposed excavated sod dunng and after the end of work penods Dispose of surplus excavated matenal in accordance with local ordinances and use sound engineenng practices • Sweep streets according to a schedule established by the City if silt is tamed over to adtacent public thoroughfares, or occurs as a result of hauling Timing may vary depending upon the time of year of construction Suspend grading operations dunng high words (i a ,wind speeds exceeding 25 miles per hour) in accordance with SCAQMD Rule 403 requvements Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other swtable means 6) The site shall be treated with water or other sod-stabilizing agent (approved by SCAQMD and the Regional Water Quality Control Board [RWOCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions 8) The construction contractor shall utilize electnc or clean altematrve fuel-powered equipment where feasible 9) The construction contractor shall ensure that construction-grading . plans include a statement that work crews will shut off egwpment when not in use /~ ~~ / ~ PLANNING COMMISSION RESOLUTION NO 04-51 SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT • May 12, 2004 Page 5 10) All industnal and commercial facilities shall post signs requmng that trucks shall not be IeK idling for prolonged penods (i e , in excess of 10 minutes) 11) All industnal and commercial facilities shall designate preferential parking for vanpools 12) All industnal and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas 13) All industnal and commercal site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible 14) All residential and commercial structures shall be regwred to incorporate high-effiaency/low-polluting heating, air conditioning, appliances, and water heaters 15) All residential and commercial structures shall be regwred to incorporate thermal pane windows and weather-stopping Cultural Resources 1) If any prehistonc archaeological resources are encountered before or dunng grading, the developer will retain a qualified archaeologist to monitor construction activities to take appropnate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact intenm measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to require incorporation of archaeological sites within new developments, using theirspeual qualities as a theme or focal point • Pursue educating the public about the area's archaeological hentage • Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistonc resources, follo~nng appropnate CEQA gwde6nes Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report, with onginal illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving ~~' C ~~ PLANNING COMMISSION RESOLUTION NO 04-51 SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT May 12, 2004 Page 6 2) A qualified paleontologist shall conduct a preconstruction field survey of the protect site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i a ,paleontological monitonng) that may be appropnate Where mitigation monitonng is appropnate, the program must include, but not be limited to, the following measures • Assign a paleontological monitor, trained, and egwpped to allow the rapid removal of fossils with mammal construction delay, to the site full-time dunng the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing actiwties elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to the San Bemardmo County Museum Geology and Sorts . 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWOCB) daily to reduce PMro emissions, in accordance with SCAQMD Rule 403 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM~o emissions from the site dunng such episodes 4) Chemical soil-stabilizers (approved by SCAQMD and RWOCB) shall be applied to all inactroe construction areas that remain inactive for 96 hours or more to reduce PM,o emissions Hydrology and Water Quality 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropnate Measures that maybe used to minimize runoff and to enhance infiltration inGude Dutch drams, precast concrete lattice blocks and bncks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins 2) Storm Dram Signage (ID number SD-13) shall be indicated on the precise Grading Plan submitted for plan check ~~~ ~~ PLANNING COMMISSION RESOLUTION NO 04-51 SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT . May 12, 2004 Page 7 3) Media Filters (number MP-40) or Dram Inserts (MP-52) shall be indicated on the precise Grading Plan submitted for plan check 4) The prease Grading Plan submitted for plan check shall include "Fact Sheets" from the California Stormwater BMP Handbook 5) The prease Grading Plan submitted for plan check shall indicate in the site description that the project is in the Upper Santa Ana River watershed, and that known problems mclude the following contaminates salinity, total dissolved solids, nutrients, pathogens, and chlorides 6) Prior to issuance of grading or paving permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Perinit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Dischargers Identifia~tion Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit . Noise 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, incuding Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exa;ed the standards speafied m Development Code Section 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly noise level monitoring as speafied in Development Code Section 17 02 120 Monitoring at other times may be required by the Planning Division The said consultant shall report their findings to the Planning Division within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division If noise levels exceed the above standards, then construction activities shall be reduced m intensity to a level of compliance with above noise standards or halted 3) Haul truck deliveries shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive . land uses or residential dwellings 6 The Secretary to this Commission shall certify to the adoption of this Resolution ,~ ~ ~ ~ ~" PLANNING COMMISSION RESOLUTION NO 0451 SUBTPM16488 -OASIS COMMERCIAL DEVELOPMENT May 12, 2004 Page 8 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Macias, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 2004, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • • ~~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File SUBTPM16488 SUBTPM16487 No.: Development Review DRC2003-00988 and Tentative Parcel Map Related Files Development Review DRC2003-00987 and Tentatrve Parcel Map This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed protect This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1 Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance wdl be reported 3 The MMP has been designed to provide focused, yet flexible gwdelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the protect. The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing momtonng or reporting programs shall be charged to the applicant A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the protect file with the department having the original authority for processing the protect Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Droision 10500 Civic Center Drive Rancho Cucamonga, CA 91730 DRC2003-00988 AND SUBTPM16488 OASIS COMMERCIAL DEVELOPMENT Page 2 3 Appropriate speaalists will be retained if technical expertise beyond the City staff's is needed, as determined by the protect planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the protect planner 4 The protect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form After each measure is verified for compliance, no iurther action is required for the specific phase of development 5 All MMP Reporting Forms for an impact issue regwring no further monitoring will be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements or additions An MMP Reporting Form will be completed by the protect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel 7 The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued The protect planner or responsible City department also has the authority to hold certificates of occupanaes if compliance with a mitigation measure attached hereto is not occurring The protect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented Any conditions (mitigation) that regwre monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall regwre the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the regwred period of time In those instances requiring long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the protect site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of budding permits MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: Development Review DRC2003-00988 and Tentative Parcel Maa SUBTPM16488 Related Files: Development Review DRC2003-00987 and Tentative Parcel Map SUBTPM16487 Applicant: Oasis Commercial Development Initial Study Prepared by: Donald Granger, Assistant Planner Date: October 29, 2003 ~^ l , -. .. Air QU811ty ~e,m ~ ~ t'e~xm~'~+F°; "'^~~';~, ~°~~ ~ -,~c ~.~ ~° t t.°..v~=raP ~ &, "t" -- ~~f~ _ ~ ~a ~iR N d~ R~. 6 `~~lU' k ..e Qx&.-.,i«`,__~_'~'~S .. +e;w_ xn _ u =~+' , ~~ ~ G ,~. ~,;,a5r"s ~z~ ~fxar; r `x~ ,~ All construction equipment shall be maintained in good CP C Review of Plans A/C 2/4 operating condition so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification Prior to the issuance of any grading permits, developer CP/CE C Review of Plans C 2 shall submit construction plans to City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low emission mobile construction equpment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed bythe SCAQMD as well as City Planning Staff All paints and coatings shall meet or exceed CP C Review of Plans A/C 2/4 performance standards noted in South Coast Av Quality Management District (SCAQMD) Rule 1113 Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed performance standards BO B Review of Plans A/C 2 noted in SCAQMD Rule 1108 All construction equipment shall comply with SCAQMD CE C Review of Plans A/C ti4 Rules 402 and 403 Additionally, contractors shall include the following provisions 1 of 7 ~, J U . - .. Reestablish ground cover on the construction site CE C Review of Pians A/C 2/4 throw h seedin and watenn • Pave or apply gravel to any on-site haul roads CE C Review of Plans A/C 2/4 Phase grading to prevent the susceptibility of large CE C Review of Plans A/C Z4 areas to erosion over extended eriods of time • Schedule activities to minimize the amounts of CE C Review of Plans A/C 2/4 exposed excavated soil during and after the end of work enods • Dispose of surplus excavated material in CE C Review of Plans A 4 accordance with Iocai ordinances and use sound en ineenn ractices • Sweep streets according to a schedule established CE C Review of Plans A 4 by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon time of year of construction • Suspend grading operations durng high winds (i e , gO/CE C Dunng A 4 wind speeds exceeding 25 mph) in accordance with Construction Rule 403 re wrements • Maintain a minimum 24-inch freeboard ratio on soils gO/CE C Dunng A 4 haul trucks or cover payloads using tarps or other Construction swtable means The site shall be treated with water or other soil- BO/CE C _ During A 4 stabilizing agent (approved by SCAOMD and RWQCB) Construction daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 Chemical soil stabilizers (approved by SCAQMD and BO/CE C During A 4 Regional Water Quality Control Board [RW QCB]) shall Construction be applied to ail inactive construction areas that remain inactive for 96 hours or more to reduce PM~a emissions The construction contractor shall utilize electric or clean CE C Review of Plans A/C 4 alternative fuel powered egwpment where feasible The construction contractor shall ensure that CE C Review of Plans A/C 2/4 construction-grading plans include a statement that work crews will shut off egwpment when not in use 2 0~ • ~. . .. • -. .. All industrial and commercial facilities shall post signs BO C Review of Plans A 4 requiring that trucks shall not be left idling for prolonged periods (i e , in excess of 10 minutes) All industrial and commercial faalities shall designate CP C Review of Plans A/C 2/3 preferential parking for vanpools All industrial and commercial site tenants with 50 or CP C Review of Plans D 2/3 more employees shall be required to post both bus and Metrolink schedules in conspicuous areas All industrial and commercial site tenants with 50 or CP C Review of Plans D 2/3 more employees shall be requred to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible All residential and commercial structures shall be BO C/D Review of Plans C 2/4 required to incorporate high efficiency/low polluting heating, air conditioning, appliances and water heaters All residential and commercal structures shall be BO C/D Review of Plans C 2/4 required to incorporate thermal pane windows and weather-stripping Cultural Resources , "= '" ~,1 ~%'''~#~="~T:~~~ '~h" - If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated CP/BO C Review of A/D 3/4 sites from demolition or significant modification Report without an opportunity for the City to establish its archaeolo ical value • Consider establishing provisions to require CP/BO C Review of A/D 3/4 incorporation of archaeological sites within new Report developments, using then special qualities as a theme or focal oint • Pursue educating the public about the area's CP/BO C Review of A/D 3/4 archaeological heritage Report 3 of 7 J J .. -. .. • Propose mitigation measures and recommend CP/BO C Review of A/D 3/4 conditions of approval to eliminate adverse prolect Report effects on significant, important, and unique prehistoric resources, following appropriate CEQA wdelines • Prepare a technical resources management report, CP C Review of A/D 3/4 documenting the inventory, evaluation, and Report proposed mitigation of resources within the prolect area Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archivin A qualified paleontologist shall conduct a preconstruction CP B Review of A/D 4 field survey of the prolect site The paleontologist shall Report submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the followin measures • Assign a paleontological monitor, trained and CP B Review of A/D 4 equipped to allow the rapid removal of fossils with Report minimal construction delay, to the site full-time dunn the interval of earth-disturbin actrvities • Should fossils be found within an area being cleared BO B/C Review of A/D 4 or graded, divert earth-disturbing activities Report elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notif the monitor of the find • Submit summary report to City of Rancho CP D Review of D 3 Cucamonga Transfer collected specimens with a Report copy of the report to San Bernardino County Museum Geology and Sods ~ ->~~' ~~ `~ The site shall be treated with water or other sod- BO/CE C During A 4 stabilizing agent (approved by SCAOMD and RWOCB) Construction daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 4 0~ -. .. Frontage public streets shall be swept according to a CE C During A 4 schedule established by the City to reduce PM,o Construction emissions associated with vehicle tracking of soil off- site Timing may vary depending upon time of year of construction Grading operations shall be suspended when wind BO/CE C During A 4 speeds exceed 25 mph to minimize PM,o emissions Construction from the site during such episodes Chemical soil stabilizers (approved by SCAQMD and BO/CE C During A 4 RWOCB) shall be applied to all inactive construction Construction areas that remain inactive for 96 hours or more to reduce PM,o emissions Hydrology and Water Quality ~ ~, - ~ , _~,=d~` ~ ~. -~ ~ ~ r ~ , ~ r ~' ~; ; ° y ~` h ~ ~ °f~°°°'~ ~ 4 _ q i i i , ~ :i'f,v i# ~!... P1 *,5.:~}x •i ~rvSfiY S~ e i ~ ~~~ ~ ~`~ . x xv Ay Structures to retain precipitation and runoff on-site shall CE B/C/D Review of Plans A/C 2/4 be integrated into the design of the protect where appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins Storm Drain Signage (ID number SD-13) shall be CE B/C/D Review of Plans A/C 2/4 indicated on the precise Grading Plan submitted for plan check Media Filters (number MP-40) or Drain Inserts (MP-52) CE B/C/D Revew of Plans A/C 2/4 shall be indicated on the precise Grading Plan submitted for plan check The precise Grading Plan submitted for plan check shall CE B/C/D Review of Plans A/C 214 include "Fact Sheets" from the California Stormwater BMP Handbook The precise Grading Plan submitted for plan check shall CE B/C/D Review of Plans A/C 2/4 indicate in the Site Description that the protect is in the Upper Santa Ana River watershed and that known problems include the following contaminates salinity, total dissolved solids, nutrients, pathogens and chlorides 5 of 7 .. . - .. -. -. .. Prior to issuance of grading or paving permits, applicant CE B/C/D Rewew of Plans A/C 2/4 shall submit to the City engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit Noise = `, .~~ r« :~~ ~~~ 'f" + ~ ` ,;; ° Construction or grading shall not take place between the BO C During A 4 hours of 8 00 p m and 6 30 a m on weekdays, Construction including Saturday, or at any time on Sunday or a national holiday Construction or grading noise levels shall not exceed the CP C During A 4 standards specified in Development Code Section Construction 17 02 120-D, as measured at the property line Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be regwred by the Plannng Diwsion Said consultant shall report their findings to the Planning Division within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted • 6 of~ • ~ i . ...- .. . ... . .. -. .. Haul truck deliveries shall not take place between the PO/BO C During A 4/7 hours of 8 00 p m and 6 30 a m on weekdays, Constructton Including Saturday, or at any time on Sunday or a national holiday Additionally, If heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings K~ V \~ ~\Cey to Checklist Abbreviations ...s*"., ~"x,~=' .4~-° Hesponsible,Person ;~~~~ "~', i. ~.. mr 5.'ti"-t" i ~Monit'oring,Freguehcy;'~„~as7 ,f 'm *'~ -a~..n ~.-~i -nx, ~i ~' M®tliodoof~lletificatPon~~ ~~o~~~„ ~; ~ ;Sanctions' CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP -City Planner or designee B - Prior To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Bulding Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Certificate of Occupancy BO -Building Official or designee D - On Completion D -Separate Submittal (Reports/Studies/ Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Deposit or Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 -Citation i \planning\final\cega\mmchklst-revs-03final doc 7 of 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE PARCEL MAP - SUBTPM16488 SUBJECT: TWO OFFICE /MEDICAL BUILDINGS APPLICANT: OASIS COMMERCIAL DEVELOPMENT LOCATION: NORTH SIDE OF LAUREL STREET, W EST OF RED OAK AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date . A. General Requirements 1 The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or m the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees maybe regwred by a court to pay as a result of such action The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition 2 Approval of Tentatroe Parcel Map SUBTPM16488 is granted subject to the approval of ~~_ Development Review DRC2003-00988 B. Time Limits 1 This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/~_ Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Droision, the conditions contained herein, and Development Code regulations 2 Prior to any use of the project site or business actmty being commenced thereon, all Conditions _/_/_ • of Approval shall be completed to the satisfaction of the City Planner SC-1-04 ~ i \planning\final\pingcomm\subtpm16488 conds 5-12 doc ~ ~ ~ '"j~ Project No SUBTPM76488 Completion Date 3 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for ~_/ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, ~ bulding, etc) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 4 Approval of this request shall not waive compliance with all sections of the Development Code, all ~_/_ other applicable Cary Ordinances, and applicable Community or Specific Plans in effect at the time of bulding permit issuance 5 All parkways, open areas, and landscaping shall be permanently maintained by the property ~_/_ homeowners' association, or other means acceptable to the Cfty Proof of this landscape owner , maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits D. Landscaping 1 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in ~_/_ the regwred landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be regwred by the Engmeenng Division 2 Landscaping and irrigation systems regwred to be installed within the public right-of-way on the ~~_ perimeter of this project area shall be continuously maintained by the developer E. Environmental 1 Mitigation measures are regwred for the project The applicant is responsible for the cost of d t _/_/ c implementing said measures, including monitoring and reporting Applicant shall be regwre post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719 00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used bythe Cityto retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions regwred by the approved environmental documents shall be considered grounds far forfeit F. Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location /~_ of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of budding permits APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Dedication and Vehicular Access 1 Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by _/_/_ deeds and shall be recorded concurrently with the map or pnor to the issuance of building permits, where no map is involved SC-1-04 i \planning\final\pingcomm\subtpm16488 conds 5-12 doc ~ ~ C-7 Protect No SUBTPMt6488 Comolehon Date H. Street Improvements All public Improvements (interior streets, drainage facilities, community trans, paseos, landscaped areas, etc) shown on the plans and/or tentative map shall be constructed to Clty Standards Interior street Improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees Pursuant to City Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment 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 or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements regwred by these conditions of approval of development Construct the following perimeter street improvements including, but not limited to Street Name Curb 8 Gutter AC Pvmt Slde- walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Bike Trail Other Laurel Street X X (e) Notes (a) Median island includes landscaping and irrigation on meter (b) Pavement reconstruction and overlays will be determined during plan check (c) If so marked, sidewalk shall be curvilinear per Standard 114 (d) If so marked, an In-lieu of construction fee shall be provided for this item (e) Curbside dram Improvement Plans and Construction a Street improvement plans, including street trees, street lights, and Intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer Security shall be posted and an agreement executed to the satisfaction of the CIty Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the Issuance of building permits, whichever occurs first b Prior to any work being performed In public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal condut, 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 protect along mator 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 galvanized steel with pull rope or as specified r1 LJ SC-1-04 i \planning\final\pingcomm\subtpm16488 conds 5-12 doc ~ ~ ~ ~~ -/-/- I / I / / / / / / / / / Protect No SUBTPM16488 e Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer f Existing City roads regwring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permits are requred A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots h Street names shall be approved by the City Planner prior to submittal for first plan check Install street trees per City street tree design gwdelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and legend on sheet_(typicaily sheet 1) " Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans The City Engineer reserves the right to adtust tree speaes based upon field conditions and other variables For additional information, contact the Protect Engineer Min. Grow Street Name Botanical Name Common Name Spaee Spacing Size Oty. Laurel Street Pyrus calleryana NCN 3 tt 20 tt 15 gal Fill aristocrat O C In Construction Notes for Street Trees 1) All street trees are to be planted to accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector 3) All street trees are subtect to inspection and acceptance by the Engineering Division 4) Street trees are to be planted per public improvement plans only Public Maintenance Areas A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Distracts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer J. Utilities The developer shall be responsible for the relocation of existing utilities as necessary Water and sewer plans shall be designed and constructed to meet the regwrements of the Cucamonga County Water District (CCW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CCW D is regwred 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 protects Comolet~on Date _/_/~ / / ~-~_ _/_J- ~_~- _/~_ / / SC-1-04 i \planning\final\pingcomm\subtpm76488 conds 5-12 doc ~J ~~ Protect No SUBTPM16488 K. General Requirements and Approvals 1 An easement for a toint use driveway shall be provided prior to final map approval or issuance of bulding permits, whichever occurs first, for Surrounding driveways and parking 2 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to bulding permit issuance if no map is involved Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program The deposit is fully refundable rf at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be subm~ted to the Engineering Division when the first building permit application is submitted to Bwlding and Safety Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition protect APPLICANT SHALL CONTACTTHE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-i-oa Completion Date ~_/_ ~~- ~~. i \planning\final\pingcomm\subtpmi6488 conds 5-12 doc /J ~~ (~~J RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS PROJECT/FILE #: PROJECT NAME: LOCATION: DATE: DRC2003-00988 SUTPM16488 Laurel/Foothill Commercial Laurel and Red Oak February 17,2004 APPLICANT NAME: OCCUPANCY CLASS: FLOOR AREA: TYPE CONSTRUCTION. PLAN TYPE: Office building FD REVIEW BY: Bonaldo Engineering B 11,837 and 11,923 V-N Moises Eskenazi THE FOLLOWING STANDARD CONDITIONS APPLY TO YOUR PROJECT during the course of development. Please note that building permits will not be issued until the on-site and off-site water (fire) plans are approved by CCWD and RCFPD. RANCHO CUCAMONGA FIRE DISTRICT- STANDARD CONDITIONS & REQUIREMENTS. FSC-1 General Requirements for Public and Private Water Supply General Guidance for Fire Hydrants: The following provides general gwdance for the spacing and location of fire hydrants Remember these are the maximum permitted distances between fire hydrants a The maximum distance between fue hydrants in commercial/industrial protects is 300-feet No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant For cul-de-sacs the distance shall not exceed 100-feet b Fue hydrants are to be located 1 At the entrance(s) to a protect from the existing public roadways This includes subdivisions and industrial parks 2 At intersections 3 On the right side of the street, whenever practical and possible 4 As required by the Fire Safety Division to meet operational needs 5 The location of fire hydrants is based upon the operational needs of the Fire District to control a ive 6 Fire hydrants shall be located a minimum of 40 feet from any bwlding Minimum Fire Flow with Automatic Fire Sprinklers The required minimum fire flow for this protect is 1500gallons per minute at a minimum residual pressure of 20 pounds per square inch This flow reflects a 50 percent reduction for the installation of an approved automatic fire sprinkler system with central station monitoring This requirement is made in accordance with Fire Code Appendix III-A, as amended, and Fire District Ordinances and Standards ,~3 ~' ~ ~~ • 3 Hydrants Used to Supply Fire Flow Public fire hydrants located within a 500-foot radws of the proposed protect may be used to provide the regwred fire flow subject to Fire District review and approval Private fire hydrants on adjacent property shall not be used to provide regwred fire flow 4 Show Existing Fire Hydrants and Mains• Existing fire hydrants and mains within 600-feet of the protect shall be shown on the water plan submitted for review and approval Include main size FSC-2 Private (On-Site) Water and/or Fve Sprinkler Underground Plans for Fire Protection 1 Exceeds Allowable Distance: When any portion of a facility or bulding is located more than 150-feet from a fue hydrant located on a public street, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided The distance is measured as vehicular path of travel on access roadways, not line of sight 2 Number of Fire Hydrants Prowde one fire hydrant for each 1000 gpm of regwred fire flow or fraction thereof, subject to standard spaang and distribution regwrements 3 Fire Sprinkler Underground: Prior to the issuance of a fire sprinkler system permit, the applicant shall submit construction plans, specifications, and calculations for the fire sprinkler system underground to the Fire Safety Division for approval Contact the Fire Construction Services (909) 477-2713 FSC-4 Fire District Site Access- Technical Comments 1 Access Roadways Defined: Fire District access roadways include public roads, streets, and highways, as well as private roads, streets, drive aisles and designated fire lanes 2 Location of Access: All portions of the structure or faality or any portion of the exterior wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the bulding Landscaped areas, unpaved changes in elevation, gates, and fences are an obstruction 3 Private Roadways and Fire Lanes. The minimum specifications for private fire district access roadways are a The minimum unobstructed width is 26-feet b The inside turn radius shall be 20-feet c The outside turn radws shall be not less than 46-feet d The minimum radws for cut-de-sacs is 45-feet e The minimum vertical clearance is 14 feet, 6 inches f At any private entry median, the minimum width of traffic lanes shall be 20-feet g The angle of departure and approach shall not exceed 9 degrees or 20 percent h The maximum grade of the driwng surface shall not exceed 12% i Support a minimum load of 70,000 pounds gross vehicle weight (GVW) 4 Access Walkways: Approved access walkways shall be provided from the fire apparatus access road to all regwred bwiding exterior openings 5 Vegetation: Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14-feet, 6- inchesfrom the ground up, so as not to impede fire vehicles 6 Fire Lane Identification• All regwred red curbing and signage shall identify fire lanes A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved ,~3 ~' ~ 8~ FCS-5 Fire code permit that may be required on your protect. 1 General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property 2 Operate a place of public assembly FSC-6 Plan Submittal Required Notice Requved plans shall be submitted and approved prior to construction in accordance with 2000/2001 Bwlding, Fire, Mechanical, and Plumbing Codes, 1999 Electrical Code, Health and Safety Code, Public Resources Code, and RCFPD Ordinances FD15 and FD39, Guidelines and Standards NOTE In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans FSC-7 Alternate Materials and Methods The Fire Safety Division will review requests for alternate materials and methods within the scope of our authority The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents Contact the Fire Safety Division at (909) 477-2770 for assistance PRIOR TO (PARCEL) MAP RECORDATION- For Each Development Phase 1 Prior to the recordation of the applicable subdiwsion map, the Fire Distract in consultation with the City Engineer shall approve the locations of Traffic Signal Preemption Dewces The subdivider shall enter into an agreement with the City for the installation of traffic signal preemption egwpment for the surrounding controlled intersections 2 Reciprocal Access Agreement: The plans as submitted indicate that a requred point of Fire Distract access a Regwres passage on property not under the control of the applicant, or b Does not access a public way, or c Crosses a property line Please provide a permanent access agreement granting irrevocable use of the adjacent property for use by the Fire District to gain access to the subject property The agreement shall include a statement that no obstruction, gate, fence, building, or other structure shall be placed within the dedicated access The recorded agreement shall include a copy of the site plan regwred below The agreement shall be recorded with the County of San Bernardino, Recorders Office The Fire Safety Division prior to recordation shall approve the agreement To assist the Fire Safety Division in reviewing the agreement the following shall be included in the submittal a Title Report. A current title report, policy of title insurance, or other equivalent documentation proving ownership of all property included in the agreement b Legal Description. A legal description of all property subject to the agreement c Assessor's Parcel Numbers. The assessor's parcel numbers of each parcel subject to the agreement d Site Plan: The access roadway shall comply with the requirements of Private Roadways and Fire Lanes listed above A scaled site plan showing the path of the Fire District access, the width, turn radn, load-bearing capacity of roadway surtace, etc shall be provided Contact the Fire Construction Services 909 477-2713 C~ ~~ ~ ~~ 3 Reciprocal Water Covenant and Agreement The plans as submitted indicate that a regwred private fire mains or appurtenances thereto a Pass through or are located on property not under the control of the applicant, or b Crosses a property line Please provide a permanent maintenance and service agreement between the owner's granting a non- exclusive easement for the purpose of accessing and maintaining the private water mains, tare hydrants, and built-m fire protection systems The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District, Fire Safety Division The agreement shall be recorded with the County of San Bernardino, Recorders Office The Fire Safety Division prior to recordation shall approve the agreement PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1 PrivateJOn-site Fire Hydrants: Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District Plans and installation shall comply with Fire District standards Contac the Fire Safety Division for a copy of "Fire District Notes for Underground and Water Plans " 2 Private Fire Hydrants/On-site Installation: All private on-site fve hydrants shall be installed, flushed, and operable prior to delivering any combustible bwlding materials on-site (i a ,lumber, roofing materials, etc) A representative of Fire Construction Services shall inspect the installation and witness hydrant flushing The bwlder/developer shall submit final test and inspection report to the Fire Safety Division 3 Public Fire Hydrants• Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District On the plan show all existing fire hydrants within a 600-foot radius of the protect 4 Public Installation: All regwred public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i a ,lumber, rooting materials, etc) Water District personnel shall inspect the installation and witness hydrant flushing The builder/developer shall submit a copy of the Water District inspection report to the Fire Safety Division Contact Water Distract to schedule testing PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1 Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On private property these markers are to be maintained in good condition by the property owner Contact Building and Safety/Fire Construction Services (909) 477-2713 2 Private Fire Hydrants- Final Acceptance: For the purpose of final acceptance, an additional test of the on-site fve hydrants shall be conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate The bwlder/developer shall submit the final test report to the Fire Safety Division 3 Fire Sprinkler System- Plans and Permit: Plans for the requued automatic fire sprinkler system shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire Construction Services permit Contact Building and Safety/Fire Construction Services (909) 477-2713 4 Fire Sprinkler System- Final Inspection Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services Contact Building and Safety/Fire Construction Services (909) 477-2713 ~~C g~ 5 Sprinkler Momtonng The fire sprinkler system monitoring system shall be installed, tested, and operational immediately following the completion of the fire spnnklersystem Monitoring is required with 20 sprinklers in Group I Occupancies, or 100 or more sprinklers in all other Occupancies Contact Building and Safety/Fire Construction Services (909) 477-2713 6 Fire Suppression System: Plans and specifications for the fue suppression system for the protection of commercial-type cooking egwpment or other special hazard shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire Construction Services permit Contact Building and Safety/Fire Construction Services (909) 477-2713 7 Fire Alarm System: Plans for the fue alarm system shall be subm~ted to Fue Construction Services for review and approval No work is allowed without a Fue District permit Contact Bwldmg and Safety/Fue Construction Services (909) 477-2713 8 Access ControVTraffic Calming Device Permit A Fue District permit is required to install any access control device, traffic-calming device, or gate on any access roadway Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as traffic-calming devices (speed bumps, humps, etc ), control gates, bollards, or other modifications in fue lanes or access roadways without prior wntten approval of the Fue District, Fue Safety Dvision 9 Knox Rapid Entry System: A Knox rapid entry key vault shall be installed prior to final inspection Proof of purchase shall be submitted prior to final building plan approval Contact the Fue Safety Division for specrfic details and ordering information Contact Bwldmg and Safety/Fire Construction Services (909) 477-2713 for inspection 10 Construction Access: Fue District access, a minimum 26-feet in width and 14-feet, 6-inches minimum clear height shall be provided These minimum clearances shall be maintained free and clear of any obstructions at all times, in accordance with Fue District Standards Contact the Fue Safety Division (909)477-2770 11 Phased Construction: Each phase shall be provided with approved Fue District access roadways Dead-end roadways shall not exceed the maximum permitted by the Fue Code or Fue District standards 12 Fire Lanes• Prior to the issuance of any Certificate of Occupancy, the fue lanes shall be installed m accordance with the approved fue lane plan The CC&R's or other approved documents shall contain an approved fue lane map and provisions that prohibit parking in the fue lanes The method of enforcement shall be documented The CC&R's shall also identify who is responsible for not less than annual inspection and maintenance of all required fue lanes Contact Bwldmg and Safety/Fue Construction Services (909) 477-2713 13 Address- Other Than Single-family: New bwldings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness When the bulding setback exceeds 200 feet from the public street an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance Contact Bwldmg and Safety/Fue Construction Services (909) 477-2713 14 Fire Suppression Systems- Final Inspection and Testing• Prior to the issuance of a Certificate of Occupancy, the fire suppression system(s) shall be tested and accepted by Fire Service Construction Services 15 Fire Alarm System- Final Inspection and Testing: Prior to the issuance of a Certificate of Occupancy, the Fue sprinkler Monitoring alarm system shall be tested and accepted by Fue Construction Services 16 Fire District Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fue District "Confidential Business Occupancy Information" Form and submit to the Fue Safety Division This form provides contact ~nformat~on for Fue District use in the event of an emergency at the subject building or property • • ~~~ ~~ . RESOLUTION NO 04-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2003-00988, FOR THE DEVELOPMENT OF TWO OFFICE BUILDINGS TOTALING 26,678 SQUARE FEET ON 2 27 ACRES OF LAND IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 7), LOCATED ON THE NORTH SIDE OF LAUREL STREET, WEST OF RED OAK AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0208-352-91 A Recitals 1 Oasis Commeraal Development filed an application for approval of Development Revew DRC2003-00988, as descnbed m the title of this Resolution Hereinafter m this Resolution, the subtect Development Review request is referred to as "the application " 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application 3 All legal prerequisites pnor to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved bythe Plannng Commission • of the City of Rancho Cucamonga as follows 1 This Commission hereby speafically finds that all of the facts set forth m the Recitals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission dunng the above-referenced meeting on May 12, 2004, including wntten and oral staff reports, this Commission hereby specifically finds as follows a The application applies to a vacant 2 27 acre parcel of land on the north side of Laurel Street, west of Red Oak Avenue, and b The properties to the north of the subject site are developed with a restaurant, coffee shop, and fast food restaurant, and are zoned Industnal Park, the property to the south is developed with office buddmgs and is zoned Industnal Park, the property to the east is vacant and is zoned Industnal Park, and has an approved land use entitlement for an office budding, and the property to west is developed with a restaurant and is zoned Industnal Park, and c The applicant is proposing to construct two office buildings, a permitted use within the Industnal Park Distnct, and d The project, together with the recommended conditions of approval, complies with all mirnmum development standards for the City of Rancho Cucamonga, and e The protect provides the regwred number of off-street parking stalls, and, . f The protect will provide office facilities for a vanety of professional offices and promote a high employment density, a land use goal of the Industnal Park Distnct, and ,~c~' G ~~ PLANNING COMMISSION RESOLUTION NO 04-52 DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT • May 12, 2004 Page 2 g The project design incorporates an exterior courtyard with a decorative wood trellis, the two buildings have been designed with two pnmary materials, and the protect has a pnmary dove aisle with decorative pavement and illuminated bollards, therefore, the project meets the design goals of the Industrial Park District by providing ahigh-level of architectural design and an outdoor pedestrian amenity 3 Based upon the substantial evidence presented to this Commission during the above referenced meeting on May 12, 2004, including written and oral staff reports, this Commission hereby specifically finds and concludes as follows a That the proposed project is consistent with the obtectives of the General Plan and Development Code, and b That the proposed design is m accord with the objectives of the Development Code and the purposes of the district m which the site is located, and c That the proposed design is m compliance with each of the applicable provisions of the Development Code, and d That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially intunous to properties or improvements in the vicinity • 4 Based upon the facts and mfomtat~on contained m the proposed Mitigated Negative Declaration, togetherwith all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a That the Mitigated Negative Declaration has been prepared in compliance with the Cal~fomia Environmental Quality Act (CEQA) of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission, and, further, this Commission has reviewed and considered the information contained m said Mitigated Negative Declaration with regard to the application b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the protect, which are listed below as conditions of approval c Pursuant to the provisions of Section 753 5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the protect, there is no evidence that the proposed protect will have potential for an adverse impact upon Hnldlife resources orthe habitat upon which wildlife depends Further, based upon the substantial evidence contained m the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the meeting, the Planning Commission hereby rebuts the presumption of adverse effect as set forth m Section 753 5(c-1-d) of Title 14 of the California Code of Regulations ,~ ~ c s PLANNING COMMISSION RESOLUTION NO 04-52 DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT • May 12, 2004 Page 3 5 Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planrnno Division 1) Bnck shall be added to the following areas On the north and south elevations, on Units 2, 5, 7, and 10, bnck shall be applied to the entire wall plane, up to the cornice Bnck shall cover the entire wall plane on all elevations for both towers 2) The surrounds in the two towers shall be bnck surrounds with soldier courses and bnck ledges 3) Bnck shall be used as a border treatment around the stamped concrete at the circular plaza 4) Colored concrete, or 24-inch by 24-inch scored concrete shall be used in the first 16 spaces in front of the buildings (carpool and handicap), and in the courtyard at the main entrance at the south elevation 5) Large member lumber sizes (8-inch by 8-inch posts, 8-mch by 10-inch • beams, and 2-inch by 6-mch lattice) and beams with decorative ends shall be utilized at the employee outdoor eating area 6) The bollards at the plaza shall be decorative and illuminated 7) Decorative pavement, matching the existing stamped concrete in the pnmary dnve aisle, shall be added at the two east-west dnve aisles near the west property line of the project 8) All outdoor furniture (tables, benches, trash receptacles, bollards, etc ) shall be uniform 9) Outdoor furniture shall be provided in the outdoor employee eating area 10) The under sidewalk drain shall be placed adtacent to the entry landscape planter The grease Grading Plan submitted for plan check shall indicate the under sidewalk drain Final design shall be subtect to City Engineer review and approval 11) In addition to lute netting along the Laurel Street frontage, a 12-inch bench or a low retaining wall shall be constructed Final design shall be subject to City Engineer and City Planner review and approval 12) The existing retaining wall on the Laurel Street frontage shall be repaired to the satisfaction of the City Planner Plans submitted for plan check shall indicate the existing retaining wall and method of restoration ~ ~~ ~~ PLANNING COMMISSION RESOLUTION NO 04-52 DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT • May 12, 2004 Page 4 13) The existing sewer manhole on the Laurel Street frontage shall be adjusted and lowered to match the adtacent sidewalk grade, if feasible Plans submitted for plan check shall indicate the manhole adjusted to grade and/or a letter from Cucamonga Valley Water Distnct indicating the feasibility If adtusting the manhole to adjacent sidewalk grade is not feasible, the manhole shall be screened to the satisfaction of the City Planner 14) All conditions of approval from Tentative Parcel Map SUBTPM16488 shall apply Enameenna Division 1) Provide a revised drainage report for review by the City Engineer pnor to issuance of grading permits Report shall be per the City's "Drainage Report Reqwrements handout, and shall expand upon the Apnl 16, 2004, "Preliminary Hydrology Report " The report shall determine appropnate facilities for draining the current pondmg area m the dnve aisle along the north project boundary The drainage system should be sized for Q~oo and an overflow path should be provided, in case of plugging, to protect the property Sumps in the pnvate storm drain . system shall be designed for Qtoo and the pond depth can be no greater than 12 inches in automobile parking areas 2) Incorporate drain inserts, a Best Management Practice (BMP), (ID number MP-52) into the design and identify it on the Grading Plans Storm Drain Signage (number SD-13) shall also be installed 3) Maintenance of BMPs identified in the Water Quality Management Plan (WQMP) shall be addressed m the protect Covenants, Conditions, and Restnctions (CC&Rs) Environmental MdiaaUon Air Quality 1) All construction equipment shall be maintained m good operating condition so as to reduce operational emissions The contractor shall ensure that all construction egwpment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City venfication 2) Pnor to the issuance of any grading permits, the developer shall submil construction plans to the Gty denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low-emission mobile construction egwpment will be • utilized, or that their use was investigated and found to be mfeasrble for the project Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Distnct (SCAOMD), as well as City Planrnng staff /3~C ~1 PLANNING COMMISSION RESOLUTION NO 04-52 DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT . May 12, 2004 Page 5 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction egwpment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions Reestablish ground cover on the construction site through seeding and watenng • Pave or apply gravel to any on-site haul roads Phase grading to prevent the susceptibility of large areas to erosion over extended penods of time • Schedule activities to minimize the amounts of exposed excavated soil dunng and after the end of work penods Dispose of surplus excavated matenal in accordance with local ordinances and use sound engineenng practices Sweep streets according to a schedule established by the City if silt is tamed over to adtacent public thoroughfares, or occurs as a result of hauling Timing may vary depending upon the time of year of construction Suspend grading operations dunng high winds (i a ,wind speeds exceeding 25 miles per hour) in accordance with SCAQMD Rule 403 regwrements • Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other swtable means 6) The site shall be treated with water or other sod-stabilizing agent (approved by SCAQMD and the Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403 7) Chemical sod-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions 8) The construction contractor shall utilize electnc or clean alternative fuel-powered egwpment where feasible 9) The construction contractor shall ensure that construction-grading . plans include a statement that work crews will shut off equipment when not in use ~~'~ ~~ PLANNING COMMISSION RESOLUTION NO 04-52 DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT May 12, 2004 Page 6 10) All mdustnal and commercial facilities shall post signs requmng that trucks shall not be left idling for prolonged penods (i e , m excess of 10 minutes) 11) All mdustnal and commercal faalities shall designate preferential parking for vanpools 12) All mdustnal and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules m conspicuous areas 13) All mdustnal and commercial site tenants with 50 or more employees shall be regwred to configure their operating schedules around the Metrolmk schedule to the extent reasonably feasible 14) All residential and commercial structures shall be regwred to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters 15) All residential and commercal structures shall be required to incorporate thermal pane windows and weather-stnppmg Cultural Resources 1) If any prehistonc archaeological resources are encountered before or dunng grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropnate measures to protect or preserve them for study With the assistance of the archaeologist, the Gty of Rancho Cucamonga will • Enact intenm measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to regwre incorporation of archaeological sites within new developments, using their speGal qualities as a theme or focal point • Pursue educating the public about the area's archaeological hentage • Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistonc resources, follo~nng appropnate CEQA gwdelmes • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report, with original illustrations, to the San Bemardmo County Archaeological Information Center for permanent archiving ~~~ ~ l PLANNING COMMISSION RESOLUTION NO 04-52 DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT May 12, 2004 Page 7 2) A qualified paleontologist shall conduct a preconstrucbon field survey of the protect site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i a ,paleontological monitonng) that may be appropnate Where mitigation monitonng is appropriate, the program must include, but not be limited to, the following measures Assign a paleontological monitor, framed and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunng the interval of earth-disturbing adiwties Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to the San Bernardino County Museum Geology and Sods 1) The site shall be treated with water or other sod-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated wdh vehicle tracking of sod off-site Timing may vary depending upon the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM,o emissions from the site dunng such episodes 4) Chemical sod-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions Hydrology and Water Quality 1) Structures to retain preapitation and runoff on-site shall be integrated into the design of the protect where appropnate Measures that maybe used to minimize runoff and to enhance infiltration incude Dutch drains, precast concrete lattice blocks and bncks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins 2) Storm Drain Signage (ID number SD-13) shall be indicated on the Prease Grading Plan submitted for plan check .~ ~' c s~ PLANNING COMMISSION RESOLUTION NO 04-52 DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT May 12, 2004 . Page 8 3) Media Filters (number MP-40) or Dram Inserts (MP-52) shall be indicated on the precse Grading Plan submitted for plan check 4) The precise Grading Plan submitted for plan check shall include "Fact Sheets" from the California Stormwater BMP Handbook 5) The precise Grading Plan submitted for plan check shall indicate in the site description that the project is in the Upper Santa Ana River watershed, and that known problems include the following contaminates salinity, total dissolved solids, nutrients, pathogens, and chlorides 6) Prior to issuance of grading or paving permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storrn Water Perrnit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Engineer for coverage under the (NPDES) General Construction Perrnit Noise 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards speafied in Development Code Section 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be regwred by the Planning Division The said consultant shall report their findings to the Planning Division within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Dwision If noise levels exceed the above standards, then construction activities shall be reduced m intensity to a level of compliance with above noise standards or halted 3) Haul truck deliveries shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings . The Secretary to this Commission shall certify to the adoption of this Resolution ~~ ~ ~3 PLANNING COMMISSION RESOLUTION NO 04-52 DRC2003-00988 -OASIS COMMERCIAL DEVELOPMENT May 12, 2004 Page 9 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Macias, Chauman ATTEST Brad Buller, Secretary r~ LJ I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~ ~ ~ s~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Development Review DRC2003-00988 and Tentative Parcel Map SUBTPM16488 Related Files Development Review DRC2003-00987 and Tentative Parcel Map SUBTPM16487 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration fortheabove-listed protect. This program has been prepared m compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect 2. A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the protect The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the protect file with the department hawng the original authority for processing the protect Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Division 10500 Ciwc Center Drive Rancho Cucamonga, CA 91730 u ~ ~ ~ ~~ DRC2003-00988 AND SUBTPM16488 OASIS COMMERCIAL DEVELOPMENT . Page 2 Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the prolect planner or responsible City department, to monitor speafic mitigation activities and provide appropriate written approvals to the prolect planner The prolect planner or responsible City department wdl approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form After each measure is verified for compliance, no further action is required for the specific phase of development 5 All MMP Reporting Forms for an impact issue regwring no further monitoring will be signed off as completed by the prolect planner or responsible City department at the bottom of the MMP Reporting Form 6 Unanticipated circumstances may arse requiring the refinement or addition of mitigation measures The prolect planner is responsible for approving any such refinements or additions An MMP Reporting Form wdl be completed by the prolect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel 7 The prolect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after . written notification has been issued The prolect planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The prolect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented 8 Any conditions (mitigation) that requre monitoring after prolect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9 In those instances requiring long-term prolect monitoring, the applicant shall provide the City with a plan for morntormg the mitigation activities at the prolect site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The morntoring/reportmg plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits ,8 ~ ~ ~~ MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: Development Review DRC2003-00988 and Tentative Parcel Map SUBTPM16488 Related Files:, Development Review DRC2003-00987, and Tentative Parcel Map SUBTPM16487 Applicant: Oasis Commercial Development Initial Study Prepared by: Donald Granger. Assistant Planner Date: October 29. 2003 . . .- .. Air Quality ~~f~,~c ~ ~ ~~~'~~ ~-, ~ ~ ~"~~ t,~~~ j ~~ _ , , i,i ~ ~'~5~~9~"~*'~ R a . q All construction egwpment shall be maintained in good CP C Review of Plans A/C 2/4 operating condition so as to reduce operational emissions Contractor shall ensure that all construction egwpment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City venfication Prior to the issuance of any grading permits, developer CP/CE C Review of Plans C 2 shall submit construction plans to City denoting the proposed schedule and protected egwpment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed bythe SCAQMD as well as City Planning Staff All paints and coatings shall meet or exceed CP C Rewew of Plans A/C 2/4 performance standards noted in South Coast Air Quality Management District (SCAQMD) Rule 1113 Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed performance standards BO B Review of Plans A/C 2 noted in SCAQMD Rule 1108 All construction egwpment shall comply with SCAQMD CE C Review of Plans A/C 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions \~ J 1 of~ /'~• • .. . - .. .. • .. . .. Reestablish ground cover on the construction site • CE C Review of Plans A/C 2/4 throw h seedin and waterin • Pave or apply gravel to any on-site haul roads CE C Review of Plans A/C 2/4 • Phase grading to prevent the susceptibility of large CE C areas to erosion over extended eriods of time Review of Plans A/C 2/4 Schedule activities to minimize the amounts of CE C Review of Plans A/C 2/4 exposed excavated soil during and after the end of work eriods • Dispose of surplus excavated material in CE C Review of Plans A 4 accordance with local ordinances and use sound en ineerin ractices Sweep streets according to a schedule established CE C by the City if silt is carried over to adjacent public Review of Plans A 4 thoroughfares or occurs as a result of hauling Timing may vary depending upon time of year of construction Suspend grading operations during high winds (i e , gO/CE C During A 4 wind speeds exceeding 25 mph) in accordance with Rule 403 re uirements Construction Maintain a minimum 24-inch freeboard ratio on soils gO/CE C During A 4 haul trucks or cover payloads using tarps or other Construction swtable means ~ The site shall be treated with water or other soil- BO/CE C During A 4 stabilizing agent (approved by SCAQMD and RWOCB) Construction daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 Chemical sod stabd¢ers (approved by SCAQMD and BO/CE C Durng A 4 Regional Water Quality Control Board [RWOCB]) shall Construction be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions The construction contractor shall utilize electric or clean CE C Review of Plans A/C 4 alternative fuel powered egwpment where feasible The construction contractor shall ensure that CE C Review of Plans A/C 2/4 construction-grading plans include a statement that work crews will shut off equipment when not in use 2 of 7 .. . - .. -. .. All industrial and commercial facilities shall post signs BO C Review of Plans A 4 requiring that trucks shall not be left idling for prolonged periods (i e , m excess of 10 minutes) All industrial and commercial facilities shall designate CP C Review of Plans A/C Z3 preferential parking for vanpools All industrial and commercial site tenants with 50 or CP C Review of Plans D 2/3 more employees shall be regwred to post both bus and Metrolink schedules in conspicuous areas All industrial and commercial site tenants with 50 or CP C Review of Plans D 2/3 more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible All residential and commercial structures shall be BO C/D Review of Plans C 2/4 required to incorporate high efficiency/low polluting heating, air conditioning, appliances and water heaters All residential and commercial structures shall be BO C/D Review of Plans C Z4 regwred to incorporate thermal pane windows and weather-stripping Cultural Resources ~ ~~~n~ru:ax`' `= ° s;e4~= '°""` v, :~~~ ~;(, ~", • ' ~ ;~ ~~r , . w , ~ ~ If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated CP/BO C Review of A/D 3/4 sites from demolition or significant modification Report without an opportunity for the City to establish its archaeolo ical value • Consider establishing provisions to requve CP/BO C Review of A/D 3/4 incorporation of archaeological sites within new Report developments, using their special qualities as a theme or focal oint • Pursue educating the public about the area's CP/BO C Review of A/D 3/4 archaeological heritage Report . 3 of~ • la G -. .. • Propose mitigation measures and recommend CPBO C Review of A/D 3/4 conditions of approval to eliminate adverse prolect Report effects on significant, important, and unique prehistonc resources, following appropriate CEQA uidelines Prepare a technical resources management report, CP C Review of A/D 3/4 documenting the inventory, evaluation, and Report proposed mitigation of resources within the prolect area Submit one copy of the completed report with , original illustrations, to the San Bernardino County Archaeological Information Center for permanent archrom A qualified paleontologist shall conduct a preconstruction CP B Review of A/D 4 field survey of the prolect site The paleontologist shall Report submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the tollowin measures • Assign a paleontological monitor, trained and CP B Review of A/D 4 egwpped to allow the rapid removal of fossils with Report minimal construction delay, to the site full-time Burin the interval of earth-disturbin activities • Should fossils be found within an area being cleared BO e/C Review of A/D 4 or graded, divert earth-disturbing activities Report elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and note the monitor of the find • Submit summary report to City of Rancho CP D Review of D 3 Cucamonga Transfer collected specimens with a Report copy of the report to San Bernardino County Museum Geology and Soils ~ ~~ ~r~; '' ~ ~~° _. s ~. ~ "` ~~'~ ~ ~ ~~, a~~~~~~r ~'"~ ~ ~ 'e <z `~' ;,,~i~;r~ `'uG ' app .~ . t ~,< + e't'N d <~i'~tt _ The site shall be treated with water or other soil- BO/CE C Dunng A 4 stabilizing agent (approved by SCAOMD and RWOCB) Construction daily to reduce PM~o emissions, in accordance with SCAOMD Rule 403 4of7 . . . - -. .. Frontage public streets shall be swept according to a CE C During A 4 schedule established by the City to reduce PM,o Construction emissions associated with vehicle tracking of soil off- sde Timing may vary depending upon time of year of construction Grading operations shall be suspended when wind BO/CE C Durng A 4 speeds exceed 25 mph to minimize PM,o emissions Construction from the site during such episodes Chemical soil stabilizers (approved by SCAOMD and BO/CE C During A 4 RWOCB) shall be applied to all inactive construction Construction areas that remain inactive for 96 hours or more to reduce PM,o emissions Hydrology and Water Quality ~ -• -.~ ~,~ rfl~~~R ~--,,_ ' • Structures to retain precipitation and runoff on-site shall CE B/C/D Review of Plans A/C 2/4 be integrated into the design of the protect where appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins Storm Drain Signage (ID number SD-13) shall be CE B/C/D Review of Plans A/C 2/4 indicated on the precise Grading Plan submitted for plan check Media Filters (number MP-40) or Drain Inserts (MP-52) CE B/C/D Review of Plans A/C 2/4 shall be indicated on the precise Grading Plan submitted for plan check The precise Grading Plan submitted for plan check shall CE B/C/D Review of Plans A/C 2/4 include "Fact Sheets" from the California Stormwater BMP Handbook The precise Grading Plan submitted for plan check shall CE B/C/D Review of Plans A/C 2/4 indicate in the Site Description that the protect is in the Upper Santa Ana River watershed and that known problems include the following contaminates salinity, total dissolved solids, nutrients, pathogens and chlorides . 5 of~ • d .. ~ -. • . .. Prior to issuance of grading or paving permits, applicant CE B/C/D Review of Plans A/C Z4 shall submit to the City engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit Noise - _ "..~ _;z.v=:~4<xz.= ~A1'''~#;, ,~ : ` ¢t' a ~ '~^,~ ~~~;~;~~<` .> ~ ~;~ ~ Construction or grading shall not take place between the BO C During A 4 hours of 8 00 p m and 6 30 a m on weekdays, Construction including Saturday, or at any time on Sunday or a national holiday Construction or grading noise levels shall not exceed the CP C During A 4 standards specified in Development Code Section Construction 17 02 120-D, as measured at the property line Developer shall hire a consultant to pertwm weekly noise level monitoring as speafied in Development Code Section 17 02 120 Monitoring at other times may be regwred by the Planning Division Said consultant shall report then findings to the Planning Division within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division If noise levels exceed the above standards, then construction actiwties shall be reduced in intensity to a level of compliance with above noise standards or halted 6 of 7 {~,, \ '~ W Key to Checklist Abbreviations Responsible Person Monitorin Fr uenc '~u' = 9 eq Y. _ Method "of,Veiifice~ton ~;°`;< ~~ ~.~ w , , ex~ Sanctions _° CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP - Ciry Planner or designee B - Pnor To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Building Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Certificate of Occupancy BO -Building Official or designee D - On Completion D -Separate Submittal (Reports/Studies/Pians) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Depositor Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 -Citation i \planning\final\cega\mmchklst-revs-03final doc • .. ... -. .- -• .. Haul truck deliveries shall not take place between the PO/BO C During A 4!7 hours of 8 00 p m and 6 30 a m on weekdays, Construction Including Saturday, or at any time on Sunday or a national holiday Additionally, If heavy trucks used for hauling would exceed 100 dally trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings • '°i • •~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DEVELOPMENT REVIEW - DRC2003-00988 SUBJECT: TWO OFFICE /MEDICAL BUILDINGS APPLICANT: OASIS COMMERCIAL DEVELOPMENT LOCATION: NORTH SIDE OF LAUREL STREET, WEST OF RED OAK AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACTTHE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: i A. General Requirements 1 The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees maybe required by a court to pay as a result of such action The Ctty may, at its sole discretion, participate at its own expense in the defense of any such action but such partiapation shall not relieve applicant of his obligations under this condition 2 Copies of the signed Planning Commission Resolution of Approval No 04-52, Standard Conditions, 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 constructionlgrading actiwties and are not required to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and Development Code regulations SC-1-04 1 Comolehon Date -/-/- / I / I / / i \planning\final\pingcomm\dre2003-00988 conds 5-12 doc ~ ~ /' /Jj C( Protect No DRC2003-00988 Comoletion Date 2 Prior to any use of the protect site or business activity being commenced thereon, all Conditions _/_/ of Approval shall be completed to the satisfaction of the City Planner ~ 3 Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_1_ State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Bulding and Safety Division to show compliance The bwldings shall be inspected for compliance prior to occupancy 4 Revised site plans and bwldtng elevations incorporating all Conditions of Approval shall be _/_/_ submitted for City Planner revew and approval prior to the issuance of bwldtng permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc) or prior to final map approval in the case of a custom lot subdiwsion, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all _/~_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of bwldtng permit issuance 7 A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved ~_/_ by the City Planner and Police Department (477-2800) prior to the issuance of bwldtng permits Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adtacent properties 8 Trash receptacle(s) are requred and shall meet Cary standards The final design, locations, and _/~_ the number of trash receptacles shall be subtect to City Planner review and approval prior to the issuance of bwldtng permits 9 All ground-mounted utility appurtenances such as transformers, AC condensers, etc ,shall be _/_/~ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single- family residential developments, transformers shall be placed in underground vaults 10 All bwldtng numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination 11 Where rock cobble is used, it shall be real river rock Other stone veneers may be manufactured _/_/_ products D. Building Design 1 All roof appurtenances, including air conditioners and other roof mounted egwpment and/or _/_/_ protections, shall be shielded from view and the sound buffered from adtacent properties and streets as required by the Planning Division Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Cary Planner Details shall be included m budding plans 2 For commercial and industrial protects, paint roll-up doors and service doors to match main _/_/_ building colors E. Par king and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long W hen a side of any parking space abuts _/_/_ a bwldtng, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide SC-1-04 i \plamm~g\tinal\pingcomm\dre2003-00988 conds 5-12 doc ~ ~ ~ /~l`\ Project No DRC2003-00988 2 All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adfacent to the parking stall (including curb) 3 Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the development to connect dwellings/units/bwldings with open spaces/plazas/ recreational uses 4 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards 5 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped 6 Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent The area for motorcycle parking shall be a minimum of 56 square feet F. Trip Reduction 1 Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential protects of more than 10 units Minimum spaces equal to five percent of the requred automobile parking spaces or three bicycle storage spaces, whichever is greater After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2 5 percent of the required automobile parking spaces Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2 5 percent of the required automobile parking spaces with a minimum of a 3-bike rack In no case shalt the total number of bicycle parking spaces regwred exceed 100 Where this results in a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number 2 Carpool and vanpool designated off-street parking close to the building shall be provided for commercial, office, and industrial facilities at the rate of 10 percent of the total parking area If covered, the vertical clearance shall be no less than 9 feet 3 For industrial protects with at least 40 car parking spaces, bicyclist-changing facilities shall be provided to encourage bicycle commuting Accessible restrooms with storage lockers for clothing and egwpment shall be sufficient G. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision 2 A minimum of 20% of trees planted within industrial protects, and a minimum of 30% within commeraal and office protects, shall be specimen size trees - 24-inch box or larger 3 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls 4 Trees shall be planted in areas of public view adfacent to and along structures at a rate of one tree per 30 linear feet of bulding 5 All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting regwred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy SC-1-04 Completion Date / / -/-/- / / / / -/_J- -1-/- -/-/. / / / / / / / / / / / / i \plannmg\final\pingcomm\dre2003-00988 conds 5-12 doc /~ ~ ~ % Protect No DRC2003-00988 Comoletion Date 6 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater _/_/ slope shall be landscaped and irrigated for erosion control and to soften their appearance as ~ follows one 15-gallon or larger size tree per each 150 sq ft of slope area, 1-gallon or larger size shrub per each 100 sq ft of slope area, and appropriate ground cover In addition, slope banks in excess of 8 feet in vertical height and 2 1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq ft of slope area Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane Slope planting requred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 7 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 8 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in _/~_ the required landscape plans and shall be subfect to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be regwred by the Engmeenng Droision 9 Landscaping and irrigation systems required to be installed within the public right-of-way on the _/_/_ perimeter of this protect area shall be continuously maintained by the developer 10 All walls shall be provided with decorative treatment If located in public maintenance areas, the _/_/_ design shall be coordinated with the Engineering Division 11 Landscaping and irrigation shall be designed to conserve water through the principles of _/_/ Xeriscape as defined in Chapter 19 16 of the Rancho Cucamonga Municipal Code H. Signs 1 The signs indicated on the submitted plans are conceptual only and not a part of this approval ~_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall regwre separate application and approval by the Planning Division prior to installation of any signs 2 A Uniform Sign Program for this development shall be submitted for City Planner review and _/_/_ approval prior to issuance of building permits I. Environmental 1 Mitigation measures are required for the protect The applicant is responsible for the cost of _/_/_ implementing said measures, including monitoring and reporting Applicant shall be regwred to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719 00 prior to the issuance of bwlding permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions regwred by the approved environmental documents shall be considered grounds for forteit J. Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location _/_/_ of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subfect to City Planner review and approval prior to the issuance of bwlding permits SC-1-04 i \plannmg\final\pingcomm\dre2003-00988 conds 5-12 doc 4 D~~c ~~7 Protect No DRC2003-00988 APPLICANT SHALL CONTACTTHE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS. NOTE ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1 Submit five complete sets of plans including the following a Site/Plot Plan, b Foundation Plan, c Floor Plan, d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g Planning Division Protect Number (i e , SUBTT #, SUBTPM#, DRC #) clearly identified on the outside of all plans 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report Architect's/Engineer's stamp and "wet" signature are regwred prior to plan check submittal 3 Contractors must show proof of State and City licenses and W orkers' Compensation coverage to the City prior to permit issuance 4 Separate permits are requued for fencing and/or walls 5 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Budding and Safety Diwsion L. Site Development 1 Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the protect file number (i e , DRC2003-00988) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new commercial or industrial development protect or mator addition, the applicant shall pay development fees at the established rate Such fees may include but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Bulding and Safety Division prior to permits issuance 3 Street addresses shall be provided by the Building and Safety Official after tracUparcel map recordation and prior to issuance of budding permts 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday • through Saturday, with no construction on Sunday or holidays SC-1-04 Completion Date / / ~-/. -/-/ / / / / / / / / / / ~-/- i planning\finaltpingcomm\dre2003-00988 conds 5-12 doc /L ~ ~ /7~ Prgect No DRC2003-00988 Completion Date 5 Construct trash enclosure(s) per City Standard (available at the Planning Division's public _/_/~ counter) M. New Structures 1 Provide compliance with the California Budding Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness 2 Provide compliance with the California Bulding Code for required occupancy separations _/_/_ 3 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505 4 Exterior walls shall be constructed of the regwred fire rating in accordance with CBC Table 5-A _/_/_ 5 Openings in exterior walls shall be protected in accordance with CBC Table 5-A _/_/_ N. Grading 1 Grading of the subtect property shall be in accordance with California Bwlding Code, City Grading _/_/_ Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, _/~ • submitted, and approved by the Building and Safety Official prior to the issuance of bwlding permits 5 A separate grading plan check submittal is regwred for all new construction protects and for ~_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1 Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by _/_/_ deeds and shall be recorded concurrently with the map or prior to the issuance of bwlding permits, where no map is involved P. Street Improvements 1 All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped _/_/_ areas, etc) shown on the plans and/or tentative map shall be constructed to City Standards Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees • SC-1-04 6 i \plamm~g\fmal\pingcomm\dre2003-00988 conds 5-12 doc ~ /j ^ /~ ~1 - Proiecl No DRC2003-00988 2 Pursuant to City Council Resolution No 88-557, no person shall make connections from a source . of energy, fuel or power to any building service equipment 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 requlred by these conditions of development approval have been completed and accepted by the City Council, except that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development 3 Construct the following perimeter street improvements including, but not limited to Street Name Curb 8 Gutter AC Pvmt Side- walk Dnve Appr Street Lights Streel Trees Comm Trod Median Island Bike Trail Other Laurel Street X X (e) Notes (a) Median island includes landscaping and irrigation on meter (b) Pavement reconstruction and overlays will be determined during plan check (c) If so marked, sidewalk shall be curvilinear per Standard 114 (d) If so marked, an in-lieu of construction fee shall be provided for this item (e) Curbside drain 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 Ciry Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first b Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be installed with any new construction or reconstruction protect along mator 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 galvanized steel with pull rope or as specified Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer 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 r1 L_J SC-1-04 Completion Date / / / I I I / / / / / / / / / / i \planning\final\pingcomm\dre2003-00988 conds 5-72 doc /L i/`~ //~'1 Protect No ORC2003-00988 Concentrated drainage flows shall not crass sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots Street names shall be approved by the City Planner prior to submittal for first plan check Install street trees per City street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1) " Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans The City Engineer reserves the right to adjust tree species based upon field conditions and other variables For additional Information, contact the Project Engineer Street Name Botanical Name Common Name Min Grow Space Spacing Size Oty Laurel Street Pyrus calleryana aristocrat NCN 3 ft 20 ft O C 15 gal FIII In Construction Notes for Street Trees 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the Ctty inspector Any unusual toxicities or nutrient deficiencies may regwre backfill soil amendments, as determined by the City inspector 3) All street trees are subject to inspection and acceptance by the Engineering Droision 4) Street trees are to be planted per public improvement plans only Q. Public Maintenance Areas A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Ctty Engineer prior to final map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer R. Utilities 1 The developer shall be responsible for the relocation of existing utilities as necessary 2 Water and sewer plans shall be designed and constructed to meet the regwrements of the Cucamonga County Water District (CCW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CCW D 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 S. General Requirements and Approvals An easement for a joint use driveway shall be provided prior to final map approval or issuance of building permits, whichever occurs first, for Surrounding driveways and parking SC-1-04 i \planningVinal\pingcomm\dre2003-00988 conds 5-12 doc 8 /,~ ~ G //~ Comolehon Date _/_/~ / / -/~_ • -~-~- -~-~- _/_/~ Project No DRC2003-00988 A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to bwlding permit issuance if no map is involved Completion Date • APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: T. Security Lighting All parking, common, and storage areas shall have minimum maintained 1-foot candle power These areas should be lighted from sunset to sunrise and on photo sensored cell All bwldings shall have minimal security lighting to eliminate dark areas around the bwldings, with direct lighting to be provided by all entryways Lighting shall be consistent around the entire development Lighting in exterior areas shall be in vandal-resistant fixtures U. Security Hardware One-inch single cylinder dead bolts shall be installed on all entrance doors If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used V. Building Numbering Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime wsibihty Developer shall paint roof top numbers on one or more roofs of this development They shall be a minimum of three feet in length and two feet in width and of contrastmg color to background The stencils for this purpose are on loan at the Rancho Cucamonga Police Department All developments shall submit an 8'/z" x 11"sheet with the numbering pattern of all multi-tenant developments to the Police Department W. Alarm Systems Install a burglar alarm system and a panic alarm if needed Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives Alarm companies shall be provided with the 24-hour Sheriff's dispatch number (909) 941-1488 APPLICANTSHALL CONTACTTHE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • SC-1-04 ~ ~ ~~_ / / -~-~- ~~. ~~. / / -~-~- / / i \planning\fmal\pingcomm\dre2003-00988 conds 5-12 doc ~ ~ /~ // / RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS PROJECT/FILE #: PROJECT NAME: LOCATION: DATE: PLAN TYPE: DRC2003-00988 SUTPM16488 Laurel/Foothill Commercial Laurel and Red Oak APPLICANT NAME: Bonaldo Engmeenng OCCUPANCY CLASS: FLOOR AREA: February 17,2004 TYPE CONSTRUCTION Office building FD REVIEW BY: Moises Eskenazi B 11,837 and 11,923 V-N THE FOLLOWING STANDARD CONDITIONS APPLY TO YOUR PROJECT during the course of development. Please note that building permits will not be issued until the on-site and off-site water (fire) plans are approved by CCWD and RCFPD. RANCHO CUCAMONGA FIRE DISTRICT- STANDARD CONDITIONS & REQUIREMENTS. FSC-1 General Requirements for Public and Private Water Supply 1 General Guidance for Fire Hydrants• The following provides general guidance for the spacing and location of fire hydrants Remember these are the maximum permitted distances between fire hydrants a The maximum distance between fire hydrants in commercial/industrial protects is 300-feet No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant For cul-de-sacs the distance shall not exceed 100-feet b Fire hydrants are to be located 1 At the entrance(s) to a protect from the existing public roadways This includes subdivisions and industrial parks 2 At intersections 3 On the right side of the street, whenever practical and possible 4 As required by the Fire Safety Division to meet operational needs 5 The location of fire hydrants is based upon the operational needs of the Fire District to control a fire 6 Fire hydrants shall be located a minimum of 40 feet from any building 2 Minimum Fire Flow with Automatic Fire Sprinklers The required minimum fire flow for this protect is 1500gallons per minute at a minimum residual pressure of 20 pounds per square inch This flow reflects a 50 percent reduction for the installation of an approved automatic fire sprinkler system with central station monitoring This requirement is made in accordance with Fire Code Appendix III-A, as amended, and Fire District Ordinances and Standards CJ ~~ ~ ~f~ L J 3 Hydrants Used to Supply Fire Flow. Public fire hydrants located within a 500-foot radius of the proposed protect may be used to provide the required fire flow subject to Fire District review and approval Private fire hydrants on adtacent property shall not be used to provide required fire flow 4 Show Existing Fire Hydrants and Mains Existing fire hydrants and mains within 600-feet of the protect shall be shown on the water plan submitted for review and approval Include mom size FSC-2 Private (On-Site) Water and/or Fve Spnnkler Underground Plans for Fire Protection 1 Exceeds Allowable Distance: When any portion of a faality or building is located more than 150-feet from a fire hydrant located on a public street, as measured by an approved route around the exterior of the faality or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided The distance is measured as vehicular path of travel on access roadways, not line of sight 2 Number of Fire Hydrants Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof, subject to standard spacing and distnbution requirements 3 Fire Spnnkler Underground• Prior to the issuance of a fire sprinkler system permit, the applicant shall submit construction plans, specifications, and calculations for the fire sprinkler system underground to the Fire Safety Division for approval Contact the Fire Construction Services (909) 477-2713 FSC-4 Fve Distract Site Access- Technical Comments 1 Access Roadways Defined: Fire District access roadways include public roads, streets, and highways, as well as private roads, streets, drive aisles and designated fire lanes 2 Location of Access: All portions of the structure or facility or any portion of the exterior wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the building Landscaped areas, unpaved changes in elevation, gates, and fences are an obstruction 3 Prvate Roadways and Fire Lanes: The minimum specifications for private fire district access roadways are a The minimum unobstructed width is 26-feet b The inside turn radius shall be 20-feet c The outside turn radws shall be not less than 46-feet d The minimum radius for cul-de-sacs is 45-feet e The minimum vertical clearance is 14 feet, 6 inches f At any private entry median, the minimum width of traffic lanes shall be 20-feet g The angle of departure and approach shall not exceed 9 degrees or 20 percent h The maximum grade of the driving surtace shall not exceed 12% i Support a minimum load of 70,000 pounds gross vehicle weight (GVW) 4 Access Walkways• Approved access walkways shall be provided from the fire apparatus access road to all required building exterior openings 5 Vegetation. Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14-feet, 6- inchesfrom the ground up, so as not to impede fire vehicles 6 Fire Lane Identification: All requred red curbing and signage shall identify fire lanes A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved ~~~ !/~ FCS-5 Fire code permit that may be required on your protect 1 General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fue Chief is likely to produce conditions that may be hazardous to life or property 2 Operate a place of public assembly FSC-6 Plan Submittal Required Notice Required plans shall be submitted and approved prior to construction in accordance with 2000/2001 Bwlding, Fire, Mechanical, and Plumbing Codes, 1999 Electrical Code, Health and Safety Code, Public Resources Code, and RCFPD Ordinances FD15 and FD39, Guidelines and Standards NOTE In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans FSC-7 Alternate Materials and Methods The Fire Safety Division will review requests for alternate materials and methods within the scope of our authority The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents Contact the Fue Safety Division at (909) 477-2770 for assistance PRIOR TO (PARCEL) MAP RECORDATION- For Each Development Phase 1 Prior to the recordation of the applicable subdiwsion map, the Fire District in consultation with the City Engineer shall approve the locations of Traffic Signal Preemption Dewces The subdivider shall enter into an agreement with the City for the installation of traffic signal preemption equipment for the surrounding controlled intersections 2 Reaprocal Access Agreement. The plans as submtted indicate that a requved point of Fire District access a Requires passage on property not under the control of the applicant, or b Does not access a public way, or c Crosses a property line Please provide a permanent access agreement granting irrevocable use of the adjacent property for use by the Fire District to gain access to the subject property The agreement shall include a statement that no obstruction, gate, fence, building, or other structure shall be placed within the dedicated access The recorded agreement shall include a copy of the site plan required below The agreement shall be recorded with the County of San Bernardino, Recorders Office The Fire Safety Division prior to recordation shall approve the agreement To assist the Fire Safety Division in reviewing the agreement the following shall be included in the submittal a Title Report. A current title report, policy of title insurance, or other equivalent documentation proving ownership of all property included in the agreement b Legal Description. A legal description of all property subject to the agreement c Assessor's Parcel Numbers. The assessor's parcel numbers of each parcel subject to the agreement d Site Plan. The access roadway shall comply with the requirements of Private Roadways and Fire Lanes listed above A scaled site plan showing the path of the Fire District access, the width, turn radn, load-bearing capacity of roadway surtace, etc shall be provided Contact the Fire Construction Services (909) 477-2713 C~ C~ /~S ~ ~ ~~ 3 Reciprocal Water Covenant and Agreement The plans as submitted indicate that a required private fire mains or appurtenances thereto a Pass through or are located on property not under the control of the applicant, or b Crosses a property line Please provide a permanent maintenance and service agreement between the owner's granting a non- exclusive easement for the purpose of accessing and maintaining the private water mains, fire hydrants, and bwit-in ive protection systems The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District, Fire Safety Division The agreement shall be recorded with the County of San Bernardino, Recorders Office The Fire Safety Division prior to recordation shall approve the agreement PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1 Prrvate/On-site Fire Hydrants: Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fue District Plans and installation shall comply with Fire District standards Contac the Fire Safety Division for a copy of "Fire District Notes for Underground and Water Plans " 2 Prrate Fire Hydrants/On-site Installation: All private on-site fire hydrants shall be installed, flushed, and operable prior to delvering any combustible building materials on-site (i a ,lumber, roofing materials, etc) A representative of Fire Construction Services shall inspect the installation and witness hydrant flushing The builder/developer shall submit final test and inspection report to the Fire Safety Droision 3 Public Frre Hydrants: Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District On the plan show all existing fire hydrants within a 600-foot radius of the protect 4 Public Installation. All requred public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i a ,lumber, roofing materials, etc) Water District personnel shall inspect the installation and witness hydrant flushing The builder/developer shall submit a copy of the Water District inspection report to the Fire Safety Division Contact Water District to schedule testing PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1 Hydrant Markers All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On private property these markers are to be maintained in good condition by the property owner Contact Building and Safety/Fire Construction Services (909) 477-2713 2 Private Fire Hydrants- Final Acceptance. For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate The builder/developer shall submit the final test report to the Fire Safety Division 3 Fire Sprinkler System- Plans and Permit: Plans for the regwred automatic fire sprinkler system shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire Construction Services permit Contact Building and Safety/Fire Construction Services (909) 477-2713 4 Frre Sprinkler System- Final Inspection: Prior to the issuance of a Certificate of Occupancy, the fue sprinkler system(s) shall be tested and accepted by Fire Construction Services Contact Building and Safety/Fire Construction Services (909) 477-2713 ~~~ //~ 5 Spnnkler Monitoring The fire sprinkler system monitoring system shall be installed, tested, and operational immediately following the completion of the fire Spnnkler system Monitoring is regwred with 20 sprinklers in Group I Occupancies, or 100 or more sprinklers in all other Occupancies Contact Building and Safety/Fire Construction Services (909) 477-2713 6 Fire Suppression System: Plans and specifications for the fire suppression system for the protection of commercial-type cooking egwpment or other special hazard shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire Construction Services permit Contact Building and Safety/Fire Construction Services (909) 477-2713 7 Fire Alarm System. Plans for the fire alarm system shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire District perms Contact Bulding and Safety/Fire Construction Services (909) 477-2713 8 Access Controlffraffic Calming Device Permit A Fire District permit is regwred to install any access control device, traffic-calming device, or gate on any access roadway Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as traffic~alming devices (speed bumps, humps, etc ), control gates, bollards, or other modrfications in fire lanes or access roadways without prior written approval of the Fue District, Fve Safety Division 9 Knox Rapid Entry System• A Knox rapid entry key vault shall be installed prior to final inspection Proof of purchase shall be submitted prior to final building plan approval Contact the Fire Safety Division for specrfic details and ordering information Contact Building and Safety/Fire Construction Services (909) 477-2713 for inspection 10 Construction Access: Fue District access, a minimum 26-feet in width and 14-feet, 6-inches minimum clear height shall be provided These minimum clearances shall be maintained free and clear of any obstructions at all times, in accordance with Fue District Standards Contact the Fire Safety Dvision (909)477-2770 11 Phased Construction• Each phase shall be provided with approved Fire District access roadways Dead-end roadways shall not exceed the maximum permitted by the Fire Code or Fire District standards 12 Fire Lanes• Prior to the issuance of any Certificate of Occupancy, the fire lanes shall be installed in accordance with the approved fue lane plan The CC&R's or other approved documents shall contain an approved fire lane map and provisions that prohibit parking in the fire lanes The method of enforcement shall be documented The CC&R's shall also identify who is responsible for not less than annual inspection and maintenance of all regwred fue lanes Contact Bulding and Safety/Fire Construction Services (909) 477-2713 13 Address- Other Than Single-family. New bwldings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated dunng periods of darkness When the building setback exceeds 200 feet from the public street an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance Contact Bwldmg and Safety/Fire Construction Services (909) 477-2713 14 Fire Suppression Systems- Final Inspection and Testing: Prior to the issuance of a Certificate of Occupancy, the fire suppression system(s) shall be tested and accepted by Fire Service Construction Services 15 Fire Alarm System- Final Inspection and Testing Prior to the issuance of a Certficate of Occupancy, the Fire sprinkler Monitoring alarm system shall be tested and accepted by Fire Construction Services 16 Fire District Confidential Business Occupancy Information The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" Form and submit to the Fire Safety Division This form provides contact informatron for Fire District use in the event of an emergency at the subfect building or property C~ ~~G /~~ Staff Report DATE May 12, 2004 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Douglas Fenn, MPA, Associate Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16300 - THARALDSON DEVELOPMENT -The proposed subdivision of 14 8 acres of land into 7 parcels in the Industrial Park District (Subarea 12), located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place -APN 0229-263-48 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT • DRC2003-00770 - THARALDSON DEVELOPMENT - A request to develop a commercial center consisting of 3 four-story hotel buildings totaling 352 rooms and 4 restaurant/retail pads on 14 8 acres of land, in the Industrial Park District (Subarea 12), located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place -APN 0229-263-48 PROJECT AND SITE DESCRIPTION A Surrounding Land Use and Zoning North - Industrial Bwldings/Subarea 12-Industrial Park South - 4th StreeUCity of Ontario East - Vacant land/Subarea 12 -Industrial Park West - Vacant Land/Subarea 12 -Industrial park B General Plan Designations Protect Site - Industrial Park North - Industrial Park South - 4th StreeUCity of Ontario East - Industrial Park West - Industrial Park C Site Characteristics The site is vacant and contains no trees The frontages of the site are improved with curb and gutter . D Parking Calculations The parking exceeds City regwrements The parking for this center is calculated as individual use As shown in the table below, the total parking regwred for individual uses would be 604 parking spaces Staff believes that a significant percentage of hotel guests will eat at the three restaurants, thereby reducing the need for parking It should Items D & E PLANNING COMMISSION STAFF REPORT • DRC2003-007770 AND SUBTPM16300 - THARALDSON DEVELOPMENT May 12, 2004 Page 2 be noted that no outdoor dining was included in these calculations Outdoor dining must be parked at the same rate as indoor dining Staff recommends a condition of approval requinng a parking analysis if any outdoor dining is proposed Individual Use Method Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Hotels (352 rooms) 1 space per guest unit 358 389 plus 2 spaces for resident manager Restaurant 1 4,510 1/100 sq ft 46 52 (Ruby Tuesdays) Restaurant 2 4,510 1/100 sq ft 46 68 (Panda Inn) • Restaurant 3 6,000 1/100 sq ft 60 65 (Famous Dave's) 197 1/55 sq ft 4 Restaurant 4 6,000 1/100 sq ft 60 125 (BJ'S Brewhouse 1,647 1/55 sq ft 30 and Restaurant Total 604 699 ANALYSIS A General This in-fill protect includes three multi-story hotels totaling 217,047 square feet The breakdown of the square footage is as follows A 69,187 square foot Courtyard by Marriott, 69,580 square foot Hilton Garden Inn, and a 78,280 square foot Hilton Homewood Suites Each of these hotels is four-stones high The hotels, though not each one, have porte- cochere entries, swimming pool and spa area, and other service amenities for their guests The master plan indicates four restaurant building pads (which will come under separate entitlements), which will front along 4th Street and total 22,111 square feet The land division is for financing purposes and is in conformance with City and State regulations The hotels are nchly designed with amodern/traditional theme with ledge stone and vertical element enhancements along with tower elements, substantial pop outs, balconies, key stone details over windows, and smooth trowel finish on the facade, and a four color paint scheme to add contrast to the bwldings The other four restaurant bwldings will have to be designed to reflect the proposed architectural scheme of the protect There is also a plaza area at the southwest corner of the pro/ect with a water fountain ~ ~- ~ - ~. PLANNING COMMISSION STAFF REPORT . DRC2003-007770 AND SUBTPM16300 - THARALDSON DEVELOPMENT May 12, 2004 Page 3 B Design Review Committee The Design Review Committee (McPhail, Stewart, Fong) reviewed the protect on March 2, 2004 The Committee was pleased that the applicant had addressed the many mayor and minor issues The Committee recommended approval subject to working out the remaining issues with staff C Technical and Gradmg Review Committee The protect was reviewed by the Committees on March 2, 2004, and was approved by both Committees All issues have been addressed and are included in the Standard Conditions of Approval, and in the attached Resolution of Approval D Environmental Assessment The applicant completed Part I of the Initial Study, and staff completed Part II of the Initial Study Staff determined that the protect could have a significant adverse environmental impact on short-term air quality, cultural resources, geologic problems, noise, hydrology, and water quality Mitigation measures will be regwred to reduce all impacts to a level of less-than-sigmficant CORRESPONDENCE This item was advertised as a public heanng in the Inland Valley Dady Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radws of the protect site No correspondence has been received . RECOMMENDATION Staff recommends that the Planning Commission adopt a Mitigated Negative Declaration of environmental impacts and approve Tentative Parcel Map 16300 and Conditional Use Permit DRC2003-00770 through adoption of the attached Resolutions of Approval Respectfully submitted, Brad er City Planner BB DF11s Attachments Exhibit "A" - Site Utilization Map Exhibit "B" - Tentative Parcel map Exhibit "C" - Site Plan Exhibit "D" - Landscape Plan Exhibit "E" - Conceptual Grading Exhibit "F" - Building Elevations Exhibit "G" - Design Review Committee Comments dated March 2, 2004 Exhibit "H" - Initial Study Draft Resolution of Approval for Tentative Parcel Map SUBTPM16300 Draft Resolution of Approval for Development Review DRC2003-00770 L l I~ -. - ., . ~, ,,,, PARP M B ~j03%141-40 B0 w ~ ~~ z a INDUSTRIAL DISTRICT SUBAREA t2 1 ~ i~` mil,: ~ ,t, ~~,j _ __.a,:a.na 2 rv h ~~ f IA1+,,I i f t~' ,{ 511 !`Iw, fir: ,y, 4TH STREET J- ~. -T1„J b J 1,t' ~" { ~1~„ . I „y. ~ r ~~ + ~ ~ :« `,!~ MAP ~~ y r~ i PARO„ 101 /701 ; P ~~°~ „~ „ t , Lam'"' - F7 ~~ {e,..4513 ii ~ ~, y. J^'L,S! t 7 t. ~~: ~,, sTnVC~g 15d P M O~'dtt//~ ~. ?. 3 r ~ fit, 2 3 V ~z pqr, i l v ~ ~ ~ (.` k , ~,t d '~.-_s n * '" ~ t-~Gff~R MILLS PARNWA /C NO 15255 PAR P2MB P"~/eb-37 .' I4 dew s+a j YG,& ra ,~,.'1 ~ 9 ~' 5.?, IA, i"> ~~ Imo„ kt ~ ^, t I i , I ; i l~ar.17 fir J~ ~ ~ i ~ • r 6S~xd d~' i! 4 j ._"n. 4i 0 1 I .~ ~ ~'~^~J . ~ '! fiiT _T_,_ 6 ,~ a y a t ~+" , I ~~i ~1;~ i~ ~17~ ~ ~ ~ 3 )~ .~ M~F ~'CP e^ ~ 9 n dF,y~ .. .~ ~ iq (f ~ is S{;; ' ~~ INDUSTRIAL DISTRICT ~ Ijy 4f 'A. ~ ~ SUBAREA 72 (I~ 1 ~ N Old ~'[?t i/„ IA~~i1jt 4, ,{ • Y ~ i ~ ® Ib ~ Q?~5 ~1~' _~Ir ~ C f `itT 14 ~ 4~ ' ~ /'~g j f 7i f.7} -.._~ ~. 5 '~..-'fir=;lz w}~; w CfYY OF RANCHO CUCAMONG4 4TH sTREEr CRY OF ON7AR10 ~, ~'~: ~ . .v >A +~°_rw A -r '~~.r ,- r~ --- - °7ca ,~'1'~•~7~'~~4'~, ~ ,•' - _ r 14802r 1` ..y ~ ~ ~ i NA NDt 4":~ ~r•~ 1T9/B -03 PARCEL B s PM rt•s+5 ,-r LJ DRC 2003-00770 i 16~OOV1 eC25S MO[4! CQ62 /~ P/Am51-1 rm rlc manr a Palms 1-r 1O JY ~ mro ra walx Imuri¢ PVT83 rMB~ llelr+e'lf r~y,P~ei/N'^ ~A'~m.nEuln~~ ln[ I i i I N ~ .....~. 4 ~ ~ -~~ ~ ~ ~ .. f, , ~~ -~ _ _ ~ ~~~ ~ ~ ~ i~ ~ ~~w~ a ~~=~ ~~~. ~~~. ~-~ ®, ~..~. tl.~.. ~ °°°° ~ ....~ ~. __ ~ ~ ~ ®___~ _ ® CITY OF RANCHO CUCAMONGA ""E°11E00" SITE PLAN .I - - DRC NO 2003-00770 A°°°y0~°d EAd~m HILTON HOMEWOOD, HILTON GFRDEN INN C 1 _ `"° ~ ~~ ~ see w~ ~ ~.~ai°" COURTYARD BV MMRIOTT minim n _~~~ ~~ ~ ~..~.,. m _ ~ ow ~~~, ~. ,. ~ q o ~,~..w.,. .. . , D ~ .,;e: ~,.~...., ~ p ~dw.~.,..,.,. 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' y JI i 4 ^ , ' 1 Y ~ ~ t Y 4 ~ ~" y~ ~ (( ~ rr ~4 7 ` '+- f i. 'y 5 L ~ Ira II=a DESIGN REVIEW COMMENTS 8'00 p m Doug Fenn March 2, 2004 TENTATIVE PARCEL MAP SUBTT16300 - THARALDSON DEVELOPMENT -The proposed subdivision of 14 8 acres of land into 7 parcels in the Industrial Park District (Subarea 12), located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place - APN 0229-293-48 Related File Development Review DRC2003-00770 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2003-00770 - THARALDSON DEVELOPMENT - A request to develop a commercial center consisting of 3 four- story hotel buildings totaling 352 rooms and 4 restauranUretail pads on 14 8 acres of land in the Industnal Park District, (Subarea 12), located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place - APN 0229-263-48 Related File: SUBTT16300. Design Parameters The site is surrounded by Industnal/office uses to the north and vacant land to the east To the west, across Pittsburgh Avenue, is the recently approved Marnott's Town Place Swtes with associated retail bwldmg and restaurant pads DRC2003-00728 To the south is the Ontario Mills The frontages of the site are fully improved with curb and gutter The land diwsion is for finanang purposes and is in conformance with City regulations . The protect is an infill protect. The proposed protect is a for three multi-story hotels totaling 217,047 square feet, which are as follows. A 69,287 square foot Courtyard by Marriott, 69,580 square foot Hilton Garden Inn, and a 78,280 square foot Hilton Homewood Suites Each of these hotels is four- storieshigh The hotels, though not each one, have Porte-cochere entries, swimming pool and spa area, and other service amenities for their guests There are four restaurant bwldmg pads (which will come under a separate entitlement), which will front along 4th Street and total 22,111 square feet The hotels are richly designed with amodern/traditional theme with ledge stone and vertical element enhancements along with tower elements, substantial pop outs, balconies, key stone details over windows, and smooth trowel finish on the fagade, and a four color paint scheme to add contrast to the bwidings The other four restaurant buildings will have to be designed to reflect the proposed architectural scheme of the protect. There is also a plaza area at the southwest comer of the protect with a water fountain Note There are inconsistencies between various plans Staff Comments• Major Issues None The applicant has diligently worked with staff to address mator issues Secondary Issues Once all of the mator issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues All of the hotels can use more vertical stonework on the vertical elements of the buildings A . good example of this would be the pavilion bwldmg on Sheet A6 2 The stone material must be enhanced on all sides of the hotels DRC ACTION COMMENTS SUBTT16300 AND DRC2003-00770- THARALDSON DEVELOPMENT March 2, 2004 Page 2 2 A trellised pedestrian pathway should be constructed in the landscape areas from the three hotels that will direct patrons to the restaurant buildings This pathway will intersect the main intersection access travel lane with an enhanced round-a-bout type landscaped structure 3 Hotels that depict key details should provide a key stone element 4 The use of faux balconies should be placed on the facades and should be on all four sides of the buildings. 5 Provde a schedule or callout what materials will be used for the circular design elements that are shown on the interior drive aisles 6 Provide a decorative privacy screen wall around the pool and spa area. A screen wall must also be provided around any pool ancillary equipment 7 Provide more trees along all sides of the pad bwldings 8. Corners -Both 4th Street corners should be enhanced with significant landscape and plaza treatment, including public art 9 Landscaping Palette -Revise the Conceptual Landscape Plan to note which plant materials are being used and their locations by including symbols in the Planting Legend 10. Plant trees along both sides of the sidewalk, between trellises, to shade the parking lot and to accent this important pedestrian connection 11 Provide more direct sidewalk connections from public streets where grades allow a) from the intersection of 4th Street and Milliken Avenue, through the plaza, and to Buildings C and D, b) from Pittsburgh Avenue to Bwlding B along the south side of the driveway; and c) from 4th Street to Famous Dave's and Panda Inn 12 Provide a direct sidewalk connection from the southeast corner of Hilton Homewood Suites to Ruby Tuesdays restaurant by crossing the driveway. 13 Provide a decorative scored concrete pavement under and from the Porte-cochere across the drive aisle to connect with the circular element in the drive aisle to the south. 14 Delete raised median planters in both driveways along Mission Vista Drive City Engineering standards prohibit planters within the public right-of-way as shown, hence, there is not enough depth to provide a swtable planter Policy Issues The following items are a matter of Planning Commission policy and should be incorporated into the protect design without discussion 1 Provide shade trees in all parking areas For example, the following parking rows have few or no trees• east side of Homewood Swtes, south side of Hilton Garden Inn, north side of Panda north and east sides of Famous Dave's, and north and west sides of BJ's Minimum Code Inn , standard is one tree per 3 parking stalls (design intent is to shade at least 50 percent of pavement area) 2 Provide decorative pavement at all drive entry throats (outside the public right-of-way) !~~ ~ ~7 DRC ACTION COMMENTS SUBTT16300 AND DRC2003-00770- THARALDSON DEVELOPMENT March 2, 2004 Page 3 3 Decorative pavement used in common pathways should extend across driveways for continuity and to alert motorists 4 Trash receptacles must be decorative to match the architecture of the project No trash enclosures are shown for the four restaurant pads. Outdoor dining patios for restaurants along 4th Street wdl require a noise study and appropriate sound attenuation barriers, such as Lexan panels Staff Recommendation Staff recommends that the protect be revised per the above recommendations and return to DRC as a full item Design Review Committee Action: Members Present Cnstine McPhail, Pam Stewart, Nancy Fong Staff Planner. Doug Fenn At the meeting, the applicant stated that they have revised plans that addressed the identified secondary and policy issues except for items #2 and #4 of the secondary issues. They proposed to use molding around the window instead of faux balconies because Hilton Hotel would not allow for them They also proposed several 10 by S feet overhead trellis works along the landscaped areas They then presented revised plans to the Committee The Committee reviewed the revised plan and recommended approval subtect to the following conditions• 1 The Committee accepted the revised elevations that show additional stonework for the buildings, and the molding around the windows for Hilton Inn. 2 The Committee approved a long curved trelliswork on both sides of the curved pedestrian area m the middle of the main drive aisle The columns for the curved trelliswork should include ledge stone or stacked stone material 3 The applicant shall submit revised development packages for staff review of consistency with the Committee's recommendations and m addressing the identified secondary and policy issues, prior to Planning Commission review. 1 !~/ ^~J ENVIRONMENTAL INFORMATION FORM (Part I -Initial Study) Crty of Rancho Cucamonga (Please type or pnnf clearly using ink Use the tab key to move from one /me fo the next Ilne ) Planning Ormsron (909) 477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. INCOMPLETE APPLICATIONSWlLL NOT BE PROCESSED Please note that It is the responsibll~ty o(the applicant to ensure that the appllcat~on Is complete at the time of submittal, Clty staff will not be available to peAorm work required to provide missing Information 7 7U Application Number for the pro/ect to which this form pertains DRC2003-00$f q,(,(~y ~/~J 1 f/~ ~Y~~ Pro/ectTitle Hilton Garden Inn Hotel ) COU2T`~RRD pr? ('f1AR210Tf, )-11LTBN I~EN)aDD Sutl-E-S Name & Address o/protect owner(s) HW Heritage of Rancho Cucamonga, Inc 1201 Page Drive Fargo , ND 58103 Name & Address of developer or project sponsor Tharaldson Development Co 1201 Page Drive Fargo, ND 58103 Contact Person 8 Address Larry Madson -Tharaldson Development Co (701) 235-1167 1201 Page Drive Fargo, ND 58103 Name & Address of person preparing this form (if different from above) Jeff Meiter -Associated Engineers, Inc 3311 E Shelby Street Ontario, CA 91764 Telephone Number (909) 980-1982 EnvironmentallnfoForm doc Page 1 of 9 Created on 7/30/03 4 32 PM ~~~~~r ~~It D~ ~' l~~ PROJECT INFORMATION & DESCRIPTION: Information indicated by an asterisk (') is not required of nonconstruction CUP's unless otherwise requested by staff '1) Provide a full scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the protect site, and indicate the site boundaries 2) Provide a set of color photographs that show representative views into the site from the north, south, east and west, views into and from the site from the primary access points that serve the site, and representative views of significant features from the site Include a map showing location of each photograph 3) Project Location (describe) North of 4th Street between Pittsburg Avenue and Richmond Paace 4) Assessor's Parcel Numbers (attach additional sheet if necessary) 0229-263-48 '5) Gross Site Area (ac/sq h) ~~ total 14 78 acres 'S) Net Site Area (total site size minus area of public streets & proposed dedications) acres 13 !~ 7) Describe any proposed general plan amendment or zone change which would affect the pro/ect site (attach additional sheet if necessary) No amendment or zone change necessary 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the protect Grading Permit Building permit Off-site Street Improvement Drainage Permit 9) Describe the physical setting of fhe site as it exists before the pro/ect including mformat~on on topography, loll stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects Describe any existing structures on site (including age and condrt~on) and the use of the structures Attach photographs of significant features described In addition, ate all sources of information (~ a ,geological and/or hydrologic studies, biotic and archeological surveys, trafrc studies) No structures located on-site Native dirt and brush located spread throughout site EnvironmentallnfoForm doc Page 2 of 9 1rh /=_~~ Created on 7/30/03 4 32 PM 10) Descnbe the known cultural and/or histoncal aspects o/the stte Ctte all sources of mformahon (books, published reports and oral history) There are no cultural or hlstorlcal aspects of the site that we are aware of 11) Descnbe any nose sources and their levels that now affect the site (aircraft, roadway nose, etc) and how they will affect proposed uses Car Traffic is the mator noise source at the current time It well not be an affect to the proposed use of the property 12) Descnbe the proposed pro/ect m detail Th/s should provide an adequate descnpbon of the ste m terms of ultimate use that will result from the proposed protect Indicate it there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion o(each increment Attach additional sheet(s) if necessary The ported will be completed In a single phase development There well be 3 hotel structures bwid on the site Included In the construction will be all associated parking lots and landscaping EnvvonmentallnfoFOrm doc Page 3 of 9 Created on 7/30/03 4 32 PM b~ ~ -~,~/ 13) Descnbe the surrounding properties, including information on plants and animals and any cultural, histoncal, or scenic aspects Indicate the type of land use (residential, commercial, etc ), intensity of land use (one-family, apartment houses, shops, department stores, etc) and scale of development (height, frontage, setback, rear yard, etc ) North -Vacant ro ert ,zoned for commercial West -Vacant roe ,zoned for commercial East -Vacant roe ,zoned for commercial South The Ontario Mills Mall (City of Ontano) commercial 14) Will the proposed pro/ect change the pattern, scale or character of the surrounding general arna of the pro/ect~ The ro ect area is zoned for commercial use, and the surroundin area is and will be build for commercial This development will not change the character of the surrounding area 15) Indicate the type of short-term and long-term noise to be generated, including source and amount How will these noise levels affect ad/scent properties and on-site uses What methods o/soundproofing are proposed Long term noise will be generated by the increased car and truck traffic associated with guests and deliveries to the respective hotel sites The increase does not warrant any additional soundproofing measures to be im lemented '16) Indicate proposed removals and/or replacements of mature or scenic trees There are no trees on site, onl native bursh 17) Indicate any bodies of water (including domestic water supplies) into which the site drams There are no bodies of water on site EnvironmentallnfoForm doc Page 4 of 9 Created on 7/30/03 4 32 PM 18) Indicate expected amount of water usage (See Attachment A for usage estimates) For further clan cation, please contact the Cucamonga County Water District at 987-2591 C~ a Res~dent~al (gal/day) Peak use (gaUDay) b Commercial/Ind (gaUday/ac) 3.000 00 Peak use (gaUm~n/ac) 6 000 00 19) Indicate proposed method of sewage disposal ^ Septic Tank ®Sewer if septic tanks are proposed, attach pemolat~on tests If discharge to a sanitary sewage system ~s proposed indicate expected daily sewage generation (See Attachment A for usage estimates) For further clanficat~on, please contact the Cucamonga County Water District at 987-2591 a Residential (gal/day) b Commercial/Industrial (gaUday/ac) RESIDENTIAL PROJECTS: 20) Numbero(res~denhal units _ Detached (indicate range of parcel srzes, min/mum lot sze and maximum lot srze NlA Attached (indicate whether units are rental or for sale units) ~J 21) Antiapated range of sale prices and/or rents Sale Price(s) to Rent (per month) $ to 22) Specdy number of bedrooms by unit type 23) Indicate antrapated household sze by unit type EnwronmentallnfoFOnn doc N/A Page 5 of 9 .~ l~ ~ t '~.3 Created on 7/30/03 4 32 PM 24) Indicate the expected number of school children who will be resdmg w~thm the pro/ect Contacf the appropnate • School D~s[ncts as shown m Attachment B a Elementary b Junior High c Senior High COMMERCIAL. INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Descnbe type of use(s) and ma/or /unct~on(s) of commeraal, mdustnal or mstrtut~onal uses Commercial use -hotel property 26) Total floor area of commeraal, mdustnal, or mstdut~onal uses by type °~3`yO~'7 sf -commercial 27) Indicate hours of operation 24 hours __ 28) Number of employees Total ~ 135 MBxlmlrm Shift 8 Time of Mawmum Shift 8 29) Provide breakdown of ant~apatedlob class/fications, mcludmg wage and salary ranges, as well as an md~cation of the rate o(hlre /or each class~ficabon (attach addrt~onal sheet rf necessary) Manager $ 80 000 `,~ hire 3 Guest Assistants, $ 40,000, 36hire 30 Cleaning Staff /Custodial $ 30 000 ~Qhire (oD Kitchen Staff $ 30 000 ~4 hire 5oZ 30) Estimation of the number of workers to be hired that currently reside m the ~ t ~ Crty *31) For commeraal and mdustnal uses only, md~cate the source, type and amount of air pollution emissions (Data should be venfied through the South Coast A/r Quality Management Distnct, at (818) 572-6283) No air be emitted from site EnvironmentallnfoForm doc Pag@ 6 ofd J f ~ ~ Created on 7/30/03 4 32 PM ALL PROJECTS . 32) Have the water, sewer, fire, and flood control agencies serving the protect been contacted to determine their ability to provide adequate service to the proposed pro/ect~ if so, please indicate their response No responcse from any agencies regarding abdtty to provtde service although water sewer, and storm drain are located on site 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic matenals Examples of hazardous and/or toxic materials include, but are not limited to PCB's, rad~oact~ve substances, pesticides and herbicides, fuels, oils, solvents, and other (laminable liquids and gases Also note underground storage of any of the above Please list the matenals and descnbe their use, storage, and/or discharge on the property, as well as the dates of use, if known No existing or record of any hazardous waste usage or storage on site . 34) Wdl the proposed pro/ect involve the temporary or long-term use, storage or discharge of hazardous and/or toxic matenals, including but not limited to those examples listed above If yes, provtde an inventory of all such matenals to 6e used and proposed method of disposal The /ocahon of such uses, along with the storage and shipment areas, shall be shown and labeled on the appl~cat~on plans None I hereby certify that the statements furnished above and in the attached exhibits present the data and information required (or adequate evaluation of this pro/ect to the best of my ability, that the facts, statements, and informabon presented are true and correct tot he best of my knowledge and belief I further understand that additional information maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga Date 7 ~ ~~ Signature Title. CI tI1 L Fnl~rl~tEC~'- EnvvonmentallntoForm doc Page 7~ ~ ~ ~~ Created on 7/30/03 4 32 PM r ATTACHMENT A • Water Usage Average use per day Resldentlal Single Famlly 600 gal/day ApUCondo 400 gal/day Com mesa I/I rid ustrl a I General and Regional Commeraal 3,000 gal/day/ac Nelghborhood Commeraal 1,500 gal/day/ac General Industrial 2,500 gal/day/ac Industrlal Park 3,000 gal/day/ac Peak Usage For all uses Average use x 2 0 Sewer Flows Residential Single Family 270 gal/day ApUCondos 200 gal/day Commeraal/Industrial General Commeraal 2,000 gal/day/ac Nelghborhood Commeraal 1,000 gal/day/ac General Industrlal 1,500 gal/day/ac Heavy Industrlal 3,000 gal/day/ac Source Cucamonga County Water District Master Plan, 6/00 EnwronmentallnfoFortn doc Page 8 of 9 Created on 7130/03 4 32 PM • ATTACHMENT B Contact the school district for your area for amount and payment of school fees Elementary School Distracts Alta Loma 9350 Base Llne Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909)987-8942 Etlwanda 5959 East Avenue P O Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey Hlgh School 211 West 5th Street Ontario, CA 91762 (909)988-8511 EnvironmentallntoFonn doc Page 9 pf 9 ~ ~ !~ Created on 7/30/03 4 32 PM THARALDSON DEVELOPMENT CO. Project Description The total site consists of 14 8 acres and ~s located m the City of Rancho Cucamonga Bounded by four (4) streets, Fourth Street to the south, Pittsburg Avenue to the west, M~ss~on Vista Dnve to the north, and Richmond Place to the east The north side of the subject site (approximately 8 71 acres) will be developed with three (3), four-story hotels, as follows (descnbed east to west). Courtyard by Mamott 117 rooms Hilton Garden Inn 122 rooms Homewood Suttes 103 rooms The Courtyard and Hilton Garden Inn will have indoor sw~mmmg pools, exercise rooms, and small meetmg/conference rooms The meeting room at the Courtyard ad~oms an outside pario area The Homewood Suites will have an outdoor swimming pool with a sport-court, exercise room, and a small meetmg/conference room The Courtyard will offer a breakfast buffet or you can order off their menu The Hilton Garden Inn and Homewood Suites will serve a continental breakfast Because of the Extended Stay Concept, Homewood Suites wrl] have small kitchens m the rooms • The south portion of the subject site (approximately 6 09 acres) has been divided into four sepazate parcels The breakdown of those parcels and the "proposed restawant users" for these parcels ~s as follows (descnbed east to west): Chicago Pizza (proposed) 2 11 acres Famous Dave's (proposed) 1.18 acres Panda Express (proposed) 1 38 acres Carrows (proposed) 1 42 acres Tharaldson Development ~s the largest independent hotel management company m the Umted States, and builds to hold then properties They chose tlus site due to the growth m the Inland Empire, surrounding area amemt~es, access to the freeways, and the Ontano International Airport Most importantly, they chose the site because of the fact that the property was located m the City of Rancho Cucamonga where there had been no new hotel development m several years u 1 ~ A° l- ~',~~ _' 7~ ~~'i li s ~~~ ~ -I J ~ ~ _ LANE I ~ ilef~ I--•r. ~/ .. r_d'~k II _ _~_. 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Well I I ~I ~ d (~ - ,iFE r" ` - ____ ____ UPPER JL _ _ _ _ . {I~ 1 I k I _--~---'- CI1RP r ONPdRIO III . era ~ ~__ -- __ ___....... _...._._\ r\` ___- __ ____~ i ' v °~ ~\ eReservlOlt I I( / 2~I b n`c a>` I w ~a m II II W i n n' a o u l II tiI I W'I I i~l I \\ W all ifs" Ofy;T~10 MOT4~fj''_SPrE"_~EDV`1A°IY rr ~~ill) ,, _~ 1 tt I.I II n ~_ ' P7 v"" jll i ~=.:- n-.~ i I Iii `~ DI t ~ ~ ,-~~. ~~II _-_ II~ '~- ~7~' _~_ ~" J ~~ ~ ~ I ~~ / _ - , -+ ~ _ _~ ~' -~ -n/fir ~I I --- - II II '~~ I 1 ___ „e~/ .._~m -- - - - - - - - -- f~ - --'---- I _ _______~__ ._~_ _ ~~l ___ ~~ ~ ~ _ __ ___-___ __ _ I I, tl ' ~I- GUASTI, CALIF w SE/d ONTARIO IS OUADR4NC LE i __ I N34'JO-W11730/75 ___ 1966 PH OTOREVISED 1981 DMA 2452 II SE-S°RIES Y895 „ li '•'' ~~=d __~y_=~_______. _= 95J ______r- __ - - _- -_YrY__-=-- 1 u I I ~I. `_ DRC 2003-00770 ~ ) ~ ~ y ` ~~ ~ C~ .~t -,~ _..-~ e. - - - . - _ _ _- - :;r~.~E - -,-.y. ~ ~ ..~a ~~~.» .~~- ~~~b a-ice ~~ F r ~~ ~ 43Y _'' _ ~'i{-§`si~~.~=d~'" :.%+f(~~r'.r ~r~b.=Y~` _ ~ -~ ~ r ~'-~~~. "'liasT ~ ~_ - ~~Ff~ ~{e~~' is S i< ~ - ~ _ .i~ T' ~+~"+~.. 4s f - ~ n ~ ~ y~W `Y•. -C -• Y'~~' r, $.73n, x r4 .. ~Fs' .wr-,iF'b'i''c'+ '~v ~, k.i.Y, _'`.5- ' .~ r..' : _ '".s,f LLss ..r~'~"'~ ,... ,'~r'n+. `r~ •~ '3Y~.- RUC;. _ ,dye _ _ ~ ~TN~~'~ -~`x_r~ it 3'~~ rb y ;', y~r "*• ^ ~~< f^K . ' - . ~ „' ~ ~~. `t` _ .. L+.~--"` .A -^ `.*_, '4'-}'. S-',!'c+sri=y"Sa}~~~s3ax :..i~'t'~~ti%',."M,.:s _. - r E.'. ,. t- ;;>~s From the Southeast corner of the property looking northerly DRC 2003-00770 ~ ~ J- ~'3 / 2 r1 L.J DRC 2003-00770 ~ ~ ~ ~ ~j From the Northeast corner of the property looking southerly From the Northeast corner of the property looking southwesterly ~~c zoos-oano 11 ~ i_ ~~~ i DRC 2003-00770 / 5 l From the Southwest corner of the property looking northerly DRC 2003-00770 t1 5~ ~ ~3~ 6 BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II Project File: Development Review DRC2003-00770 and Tentative Parcel Map SUBTPM16300 2. Related Files: Description of Project: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2003-00770 - THARALDSON DEVELOPMENT - A request to develop a commeraal center consisting of 3 four-story hotel bwldings totaling 352 rooms and 4 restauranUretad pads on 14 8 acres of land, in the Industrial Park District, Subarea 12, located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place - APN 0229-263-48 TENTATIVE PARCEL MAP SUBTPM16300 - THARALDSON DEVELOPMENT -The proposed subdivision of 14 8 acres of land into 7 parcels in the Industrial Park District, Subarea 12, located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place - APN 0229-263-48 3. Protect Sponsor's Name and Address: Larry C. Madson Tharaldson Development 1201 Page Drive P O Box 10519 Fargo North Dakota 58103 4. General Plan Designation: Industrial Park 5. Zoning: Industrial Park District (Subarea 12) 6. Surrounding Land Uses and Setting: The site is surrounded by industrial/office uses to the north and vacant land to the east To the west, across Pittsburgh Avenue, is the recently approved Marriott's Town Place Suites with associ9ted retail building and restaurant pads (DRC2003-00728) To the south is the Ontario Mills The frontages of the site are fully improved with curb and gutter 7. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 8. Contact Person and Phone Number Douglas Fenn, Associate Planner (909) 477-2750 9. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None GLOSSARY -The following abbreviations are used m this report: EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM,o -Fine Particulate Matter ~ ~"-.~~ Initial Study for DRC2003-00770 - Tharaldson Development City of Rancho Cucamonga Page 2 RWOCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District URBEMIS7G -Urban Emissions Model ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this protect, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact° as indicated by the checklist on the following pages ()Aesthetics ()Agricultural Resources (x) Au Quality ()Biological Resources (x) Cultural Resources (x) Geology & Sods ()Hazards & Waste Materials (x) Hydrology & Water Quality ()Land Use/Planning ()Mineral Resources (x) Noise ()Population/Housing ()Public Services ()Recreation () Transportation/Traffic ()Utilities/Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation () I fmd that the proposed protect COULD NOT have a significant effect on the environment A • NEGATIVE DECLARATION will be prepared (X) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed protect MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is regwred () I find that the proposed protect MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is regwred, but it must analyze only the effects that remain to be addressed () I find that although the proposed protect could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that rlier EIR r N GATIVE DECLARATION, including revisions or mitigation measures that aposed ui ~roposed protect, nothing further is regwred Prepared By Douglas • Reviewed By Dan Date :D~~=-37 Initial Study for City of Rancho Cucamonga • DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 3 Less Then Sipm9cant Less Issues and Su ortin Information Sources pp g Polenbelly Siprubtent wnn M,bpabon man Sgntlicant No 1 acl Into taa I act I act EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the prolect a) Have a substantial affect a scenic vistas O O O (~) b) Substantially damage scenic resources, including, but () () () (~) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway c) Substantially degrade the existing visual character or () () () (~) quality of the site and its surroundings d) Create a new source of substantial light or glare, () () (~) ( ) which would adversely affect day or nighttime views in the area Comments• a) There are no significant vistas within or adjacent to the prolect site The site is not within a view corridor according to General Plan Exhibit III-15 b) The prolect site contains no scenic resources and no historic buildings within a State • Scenic Highway There are no State Scenic Highways within the City of Rancho Cucamonga c) The site is surrounded by industnal/office uses to the north and vacant land to the east To the west, across Pittsburgh Avenue, is the recently approved Marriott's Town Place Suites with associated retail budding and restaurant pads DRC2003-00728 To the south is the Ontario Mills The visual quality of the area will not degrade as a result of this prolect Design review is required, prior to approval City standards requre the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No 87-96, unless exempted by said Resolution d) The prolect will create new light and glare because the site is currently vacant The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare Lighting wdI be selected and located to confine the area of illumination to within the prolect site The impact is not considered significant 2. AGRICULTURAL RESOURCES. Would the pro/ect a) Convert Prime Farmland, Unique Farmland, or () () (~) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses b) Conflict with existing zoning for agricultural use, or a O O O (~) Williamson Act contract c) Involve other changes in the existing environment, () () () (~) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural uses r1 L_J 1 J ~ C "J~ • Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 4 Lass man SipmGCam Lass Issues and Su ortin Information Sources pp g I'otenhally Sigrvhcant WiN iNhpahon Tnan 99rofcant No I act Inco taa I act Irryact Comments a) The site is designated as Prime Farmlands The site Is surrounded by Industrial/office uses to the north and vacant land to the east To the west, across Pittsburgh Avenue, Is the recently approved Marriott's Town Place Suites with associated retail building and restaurant pads DRC2003-00728 To the south is the Ontario Mills here are approximately 1,300 acres of Prime Farmlands, Unique Farmland or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third Is either developed or committed to development according to General Plan Table IV-2 The major concentrations of designated farmlands are located in the southern and eastern portions of the City that is characterized by existing and planned development Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful, therefore, they are not intended to be retained as farmland In the General Plan Land Use Plan The General Plan FEIR Identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) There is no agriculturally zoned land within the City of Rancho Cucamonga There are no Williamson Act contracts within the City c) The site Is surrounded by industriaVoffice uses to the north and vacant land to the east To the west, across Pittsburgh Avenue, is the recently approved Marriott's Town Place Suites with associated retail building and restaurant pads DRC2003-00728 To the south is the Ontario Mills The nearest agricultural use is more than 25 miles (vineyard) west from the project site Therefore, no adverse impacts are anticipated 3. AIR QUALITY. Would the pro/ect a) Conflict with or obstruct implementation of the () () () (~) applicable air quality plan b) Violate any air quality standard or contnbute O (/) O ( ) substantially to an existing or projected air quality violation c) Result in a cumulatively considerable net increase of () () () (~) any criteria pollutant for which the project region Is non-attainment under an applicable Federal or State ambient au quality standard pncluding releasing emissions which exceed quantitative thresholds for ozone precursors d) Expose sensitive receptors to substantial pollutant () () () (~) concentrations e) Create objectionable odors affecting a substantial () () () (~) number of people Comments. a) As noted In the General Plan FEIR (Section 5 6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR Identified the citywide Increase in emissions as D~ ~ ~39 Initial Study for City of Rancho Cucamonga • DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 5 Less Then SipniM1wnt Less Issues and Supporting Information Sources FotenM1atly S,gruhcent With Mmgauon Than 90mflcant No I act Into te0 1 aq I a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions In addition, fugitive dust would also be generated during grading and construction activities While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area Construction is an on-going industry in the Rancho Cucamonga area Construction workers and equipment work and operate at one development site until their tasks are complete They then transfer to a different site where the process begins again Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing air quality in the region Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a protect-specific basis Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels All construction equipment shall be maintained in good operating condition . so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification. 2. Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the SCA~MD as well as City Planning staff. 3. All paints and coatings shall meet or exceed pertormance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4 All asphalt shall meet or exceed pertormance standards noted in SCA~MD Rule 1108. 5. All construction equipment shall comply with SCA!]MD Rules 402 and 403. Additionally, contractors shall include the following provisions: Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on-site haul roads. • • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. ~~-~=~~o r 1 LJ Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 6 Less Than Signdmam Less Issues and Su ortin Information Sources PP 9 Potentially Significant wan M,tigaM1On man Sipnaa ant No I acl Incoiporetetl I acl I act • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried aver to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. • Suspend grading operations during high winds (i.e , wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6. The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWoCB) daily to reduce PM~p emissions, in accordance with SCAQMD Rule 403. 7 Stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,p emissions. 8. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. . 9. The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted In the General Plan FEIR (Section 5 6) Based upon the URBEMIS7G model estimates In Table 5 6-4 of the General Plan FEIR, Nox, ROG, and PM,p would exceed SCAQMD thresholds for significance, therefore, would all be cumulatively significant If they cannot be mitigated on a project basis to a level less than significant The General Plan FEIR Identified the citywide Increase In emissions as a significant unavoidable adverse Impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council In the long-term, development consistent with the General Plan would result In significant operational vehicle emissions based upon on the URBEMIS7G model estimates In Table 5 6-4 of the General Plan FEIR, therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less than significant The following mitigation measures shall be implemented 10 All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters 11. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After Implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council J~~-~/ Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 7 Less Than Signtllcant Less Issues and Su ortin Information Sources pp g Potant,ally Significant With MrtigaM1On Than Significant No i ad Inco rotetl I act I act c) As noted in the General Plan FEIR (Section 5 6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR Identified the citywide Increase In emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the Clty Council The protect proposed Is consistent with the General Plan for which the FEIR was prepared and impacts evaluated d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large The SCAQMD identifies the following as sensitive receptors long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities According to the SCAQMD, protects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 The protect site is located more than 1 25 miles from the nearest sensitive receptor Therefore, no adverse impacts are anticipated e) Typically, the uses proposed do not create obtectionable odors No adverse impacts are anticipated 4. BIOLOGICAL RESOURCES. Would the protect a) Have a substantial adverse effect, either directly or () () () (~) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service b) Have a substantial adverse effect on riparian habitat () () () (~) or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service c) Have a substantial adverse effect on federally () () () (~) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means d) Intertere substantially with the movement of any native () () () (~) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or Impede the use of native wildlife nursery sites e) Conflict with any local policies or ordinances O O (`~) ( ) protecting biological resources, such as a tree preservation policy or ordinance • ,~ ~ ~~- ~~ Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 8 Less Than Signifcant Less Issues and Su ortin Information Sources PP g aetenaallr Signilicant wan Mmpaaon man SiBniLCant No I,ryacl Intro atetl 1 ad I ap f) Conflict with the provisions of an adopted Habitat () () () (/) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan Comments• a) The protect site is located in an area developed with industriaVprofessional office uses The site has been previously disrupted during annual discing for weed abatement) According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is within an area of sensitive biological resources for the Delhi Sands Flower-Loving Fly (DSF) A DSF Habitat Swtability Evaluation (Ecological Sciences, September 9, 2003) was prepared No Delhi Sands Flower-Loving Flies were observed on or near site during the survey Existing conditions on the property are not consistent with those expected to support an extant DSF population in the region In view of the site's existing disturbed and isolated conditions, sense coverage of invasive vegetation, exposure to recurring surface disturbances (e g , discing), the absence of the species has been established at the site L _~ `J b) The protect site is located in an urban area with no natural communities No riparian habitat exists on-site, meaning the protect will not have any impacts c) No wetland habitat is present on-site As a result, protect implementation would have no impact on these resources d) The matority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed No adverse impacts are anticipated e) There are no trees along 4th Street The protect design includes extensive landscaping along all adtacent streets, the impact will be less than significant f) The protect site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4 No conflicts with habitat conservation plans will occur 5. CULTURAL RESOURCES. Would the pro/ect a) Cause a substantial adverse change in the () () () (/) significance of a historical resource as defined in § 15064 5~ b) Cause a substantial adverse change in the () (/) () ( ) significance of an archeological resource pursuant to § 15064 5~ c) Directly or indirectly destroy a unique paleontological O (/) O ( ) resource or site or unique geologic feature d) Disturb any human remains, including those interred O O O (/) outside of formal cemeteries ,~ ~ ~ ~ ~~ Initial Study for City of Rancho Cucamonga • DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 9 Less Than Sipnihtent Less Issues and Su ortin Information Sources PP 9 Potentially 5,9rvfirant won bLnpaoon roan $IpnnM1Bnt No I an Inco ted I act I d Comments• a) The protect site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2 24 (Hlstorlc Preservation) There well be no impact b) There are no known archeological sites or resources recorded on the protect site, however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5 t1) Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources The following mitigation measures shall be implemented If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or . significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CE~A guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving c) The General Plan FEIR (Section 511) indicates that the Rancho Cucamonga area is on an alluvial fan According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the protect site, however, the area has a high sensitivity rating for paleontological resources The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils The protect site is underlain by Quaternary alluvium per General Plan Exhibit V-2, therefore, the following mitigation measures shall be implemented 2. A qualified paleontologist shall conduct a preconstruction field survey of the . protect site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e., paleontological monitoring) that may be appropriate. Where mitigation ~~ ~ ~ ~~ • Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 -THARALDSON DEVELOPMENT Page 10 Less men Signficant Loss Issues and Su ortin Information Sources PP g PolanLally S~Bruficant WM Miaga4on Than Significant No I tt Inco ratetl I act leryact momtonng is appropriate, the program must include, but not be limited to, the following measures• • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activittes elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Submit summary report to City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed protect is in an area that has already been disturbed by development The protect site has already been disrupted by annual discing for weed abatement) No known religious or sacred sites exist within the protect area No adverse impacts are antiapated • 6 GEOLOGY AND SOILS. Would the pro/ect a) Expose people or structures to potential substantial adverse effects, including the risk of loss, intury, or death involving i) Rupture of a known earthquake fault, as () () () (/) delineated on the most recent Algwst-Paolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known faulty Refer to Division of Mmes and Geology Special Publication 42 u) Strong seismic ground shakmg~ O O O (/) uQ Seismic-related ground failure, including () () () (/) hquefaction~ ro) Landshdes~ O O O (/) b) Result in substantial soil erosion or the loss of topsoils () (/) () ( ) c) Be located on a geologic unit or soil that is unstable, () () () (/) or that would become unstable as a result of the protect, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse d) Be located on expansive soil, as defined in Table () () () (/) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or propeRy~ e) Have soils incapable of adequately supporting the use () () () (/) of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water 5 :~~~~~ Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 11 Less man Slgru9cant Less Issues and Su ortin Information Sources pp g Potentially $19nfIIC801 WAN MILga900 iTan Slgrvfcant No I ad Irico fetl I act I n Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5 1 of the General Plan FEIR The Red Hill Fautt passes within 3 7 miles north of the site, and the Cucamonga Fault Zone lies approximately 6 3 miles north These faults are both capable of producing Mw 6 0-7 0 earthquakes Also, the San Jacinto fault, capable of producing up to M„, 7 5 earthquakes is 7 miles northeasterly of the site and the San Andreas, capable of up to M,„ 8 2 earthquakes, is 11 miles northeasterly of the site Each of these taults can produce strong ground shaking Adhering to the Uniform Building Code will ensure that geologic impacts are less than significant b) The Rancho Cucamonga area is subtect to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control, however, development of this protect under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than- significant levels • 1. The site shall be treated with water or other soil-stabilizing agent (approved by SCA~MD and RWQCB) daily to reduce PM~g emissions, in accordance with SCAOMD Rule 403 2. Frontage public streets shall be swept according to a schedule established by the City to reduce PM~g emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3 Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PMrg emissions from the site during such episodes. 4. Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,g emissions. c) The General Plan FEIR (Section 5 1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer The protect would not withdraw water from the existing aquifer The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5 1-2 Soil types on-site consist of Delhi Fine Sand Soil association according to General Plan FEIR Exhibit 5 1-3 No adverse impacts are anticipated d) The matority of Rancho Cucamonga, including the protect site, is located on alluvial soil deposits These types of soils are not considered to be expansive Soil types on-site consist of Delhi Fine Sand Soil association according to General Plan Exhibit V-3 and . General Plan FEIR Exhibit 5 1-3 These soils are typically nearly level to strongly slopping soil is on alluvial fans that have been reworked by wind action Runoff is very slow, and the hazard of soil blowing is generally moderate In unprotected area, however, the hazard of soil blowing is high No adverse impacts are anticipated ,~~ ~ ~~~ a Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 12 Less man siprngcant Less Issues and Su ortn Information Sources pp g Potmfialry S~gmfiwm Wnh Aguga9on Than Significant No I act Into tetl 1 ad I act e) The protect will connect to, and be served by, the existing local sewer system for wastewater disposal No septic tanks or alternative wastewater disposal is proposed 7 HAZARDS AND WASTE MATERIALS. Would the protect a) Create a significant hazard to the public or the () () () (~) environment through the routine transport, use, or disposal of hazardous materials b) Create a significant hazard to the public or the () () () (~) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment c) Emit hazardous emissions or handle hazardous or () () () (~) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school d) Be located on a site which is included on a list of () () () (~) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the envvonment~ e) For a protect located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the protect result in a safety hazard for people residing or working in the protect area f) For a protect withm the wanly of a pnvate airstnp, O O O (/) would the protect result in a safety hazard for people residing or working in the protect area g) Impair implementation of or physically intertere with an () () () (/) adopted emergency response plan or emergency evacuation plan h) Expose people or structures to a significant risk of () () () (~) loss, intury or death involving wild land fires, including where wild lands are adtacent to urbanized areas or where residences are intermixed with wild lands Comments a) The protect will not involve the transport, use, or disposal of hazardous materials The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less than significant No adverse impacts are expected b) The proposed protect does not include the use of hazardous materials or volatile fuels The City participates in a countywide interagency coalition that is considered a full service Y ~ ~~~ Indial Study for City of Rancho Cucamonga . DRC2003-00770 and SUBTPM16300-THARALDSON DEVELOPMENT Page 13 Less Than Signifcant Less Issues and Su ortin Information Sources PP g Potenfially Significant wnn MNpaoon man Sigmfitam No 1 acl Into tetl Impacl Irtpact Hazardous Materials Division that is more comprehensive than any other in the state The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less than significant No adverse impacts are anticipated c) There are no schools located within 1/4 mile of the protect site The protect site is located within 1 25 miles of the nearest existing or proposed school No impacts are anticipated d) The proposed protect is not listed as a hazardous waste or substance materials site Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials No Impact is anticipated e) The site is not located within an airport land use plan and is not wlthln 2 miles of a public alrport Protect site is located approximately 2 1 miles northerly of the Ontario Alrport and is offset north of the flight path No Impact is anticipated f) The nearest private airstrip, Cable Alrport, Is located approxlmately 2 1/2 miles to the west • of the City's westerly limits No impact is anticipated g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster Because the protect includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban Wild land Intertace area found in the northern part of the Clty according to the Fire District Strategic Plan 2000-2005, however, the proposed protect site Is not located within a high fire hazard area according to General Plan Exhibit V-7 8. HYDROLOGY AND WATER DUALITY. Would the pro/ect a) Violate any water quality standards or waste discharge requirements () () () (/) b) Substantially deplete groundwater supplies or intertere () (/) () ( ) substantially with groundwater recharge such that there would be a net deficit In aquifer volume or a lowering of the local groundwater table level (e g ,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) c) Substantially alter the existing drainage pattern of the () (/) () ( ) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site r1 u ~~L '~~ ~-~ LJ Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 14 Less Than $ipmhcant Less Issues and Su ortn Information Sources pp g Potentially Sipnd¢ant wnn Mmpauon Tnan Sipnifcant No I act Inw oretetl I act Impact d) Substantially alter the existing drainage pattern of the O O O (/) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site e) Create or contribute runoff water which would exceed () () () (/) the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff f) Otherwise substantially degrade water quality () (/) () ( ) g) Place housing within a 100-year flood hazard area as () () () (/) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation maps h) Place within a 100-year flood hazard area structures, () () () (/) which would impede or redirect flood flows Q Expose people or structures to a significant nsk of O O O (/) loss, intury or death involving flooding, including flooding as a result of the failure of a levee or damp t) Inundation by seiche, tsunami, or mudflow~ () () () (/) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CvWD) and will not affect water quality standards or waste discharge requirements Protect is designed to connect to existing water and sewer systems b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins CVWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2 The development of the site will require the grading of the site and excavation, however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface As noted in the General Plan FEIR (Section 5 9), continued development citywide will increase water needs and is a significant impact, however, CVW D has plans to meet this increased need through the construction of future water facilities The following mitigation measure shall be implemented 1. Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropriate. Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. c) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to ,~~~~~ / initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 15 Less Than Sipmgtant Lass Issues and Su ortin Information Sources pp g Paamially S,gndicant wnn Mit,gatlon rnan SiBniftant No I as Inco reteC 1 act 1 an handle the flows The prolect design includes landscaping of all non-hardscape areas to prevent erosion A grading and drainage plan must be approved by the Building Official and City Engineer poor to issuance of grading permits The following mitigation measures shall be implemented to reduce levels to less-than-significant levels 2. Prior to issuance of grading permits, the applicant shall prepare a SWPPP that identifies BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. d) The prolect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, the prolect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A grading and drainage plan must be approved by the Building Official and City Engineer, prior to issuance of grading permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticipated e) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The protect will not result in substantial additional sources of polluted runoff A grading and drainage plan must be approved by the Building Official and City Engineer, prior to issuance of grading permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticipated f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts The site is not more than 1 acre, therefore, is required to comply with National Pollutant Discharge Elimination System (NPDES) to minimize water pollution A Water Quality Management Plan (Tharaldson Development, November 17, 2003) was prepared Therefore, the following mitigation measures shall be implemented to reduce levels to less-than-significant levels 3. Developer shall implement all non-structural and routine structural Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable as identified in the Water Quality Management Plan (Tharaldson Development, November 17, 2003).. Pnor to issuance of grading or paving permits, applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollution Discharge elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control • Board. Evidence that this has been obtained (i e., a copy of the Waste Dischargers Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit. ~~ ~~~=' Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 16 Lass Than Signifcant Lass Issues and Su ortn Information Sources pp g Potennaily sigmvcant wnn MRigavgn rnan Significant No I act Inco etetl I act I ad g) No housing units are proposed with this protect No adverse impacts are expected h) The protect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event The system is substantially improved and provides an integrated approach for regional and local drainage flows This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6 The protect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected There are no oceans, lakes or reservoirs near the protect site, therefore impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City 9. LAND USE AND PLANNING. Would the project a) Physically dnride an established commumty~ O O O (~) b) Conflict with any applicable land use plan, policy, or () () () (~) regulation of an agency with turisdiction over the protect (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect c) Conflict with any applicable habitat conservation plan () () () (~) or natural community conservation plan Comments: a) The site is surrounded by industriaVoffice uses to the north and vacant land to the east To the west, across Pittsburgh Avenue, is the recently approved Marriott's Town Place Suites with associated retail building and restaurant pads DRC2003-00728 To the south is the Ontario Mills Mall The protect will become a part of the larger community No adverse impacts are anticipated b) The protect site land use designation is Industrial Park The proposed protect is consistent with the General Plan and does not interfere with any policies for environmental protection As such, no impacts are anticipated c) The protect site is not located within any habitat conservation or natural community plan area According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the protect is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan ~~~--~1 Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 17 less Than Significant Less Issues and Supporting Information Sources Po,anLally Significant WM MiLgauon Than Significant No 1 act Inco mtetl Im act 1 ec, 10. MINERAL RESOURCES. Would the protect a) Result in the loss of availability of a known mineral () () () (~) resource that would be of value to the region and the residents of the State b) Result in the loss of availability of a locally important () () () (~) mineral resource recovery site delineated on a local general plan, specific plan or other land use plats Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1, therefore, there is no impact b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site, therefore, there is no impact 11. NOISE. Would the prolecf result in a) Exposure of persons to or generation of noise levels in () (`~) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies b) Exposure of persons to or generation of excessive () () () (~) ground borne vibration or ground borne noise levels c) A substantial permanent increase in ambient noise () () () (~) levels in the prolecf vicinity above levels existing without the protect d) A substantial temporary or periodic increase in () (~) () ( ) ambient noise levels in the prolecf vicinity above levels existing without the protect e) For a prolecf located within an airport land use plan or, () () () (~) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the protect expose people residing or working in the protect area to excessive noise levels f) For a protect within the vicinity of a pnvate airstnp, O O O (~) would the protect expose people residing or working in the protect area to excessive noise levels Comments: a) The protect site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out Noise levels will exceed 60dBA within 1000 feet, of centerline of 4th Street The General Plan states that new construction should only be undertaken after a detailed analysis of the noise reduction requirements is made and needed noise insulation features included in design Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice The outdoor pool, located on the south side of the hotel, will benefit from sound attenuation afforded by the three-story hotel building A Noise Impact Analysis (LSA, November 18, I~ fi ~- -, ~02- Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 18 Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Significant wnn MiUganon man Sgmfeant No I cl Inco tetl I ect I act 2003) was prepared The following mitigation measures shall be Implemented to reduce levels to less-than-significant levels An acoustical report shall be submitted for Clty Planner review and approval, prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 60 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards. Certification shall be submitted to the Building and Safety Division prior to final occupancy release of the affected hotel rooms. The General Plan FEIR (Section 5 7) Indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards, however, there are no sensitive receptors nearby Based upon the Noise Impact Analysis (LSA, November 18, 2003) the following mitigation measures shall be implemented to reduce levels to less-than-significant levels 3. During all project site excavation and grading on site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. 4. The protect contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 5. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. 6. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 7:00 p.m on weekdays. Only limited construction that would not affect adjacent sensitive uses is permitted on Sundays and government code holidays. b) The uses associated with this type of proiect normally do not induce ground borne vibrations As such, no impacts are anticipated c) The primary source of ambient noise levels in Rancho Cucamonga is traffic The proposed activities will not significantly increase traffic, hence, are not anticipated to increase the ambient noise levels within the vicinity of the project .~ ~ ~ ~~~ Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 19 Less Than Sigrvfcant Less Issues and Su ortin Information Sources pp g Potenuaily Sigrufwnt WiN Mit,gavon Than Spnificent No I act Into laced I ad I acl d) See a) response above e) The site is not located within an airport land use plan and is not within 2 miles of a public airport Located approximately 21 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 3 5 miles to the west of the City's westerly limits No impact is anticipated 12. POPULATION AND HOUSING. Would the protect a) Induce substantial population growth in an area, either O O O (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, O O O (/) necessitating the construction of replacement housing elsewhere c) Displace substantial numbers of people, necessitating () () () (/) the construction of replacement housing elsewhere Comments• a) The protect is located in a predominantly developed area and will not induce population growth Construction activities at the site will be short-term and will not attract new employees to the area Once constructed, the proposed protect will have a limited number of employees, hence, will not create a demand for additional housing as a matority of the employees will likely be hired from within the City or surrounding communities No impacts are anticipated b) The protect site contains no existing housing units No adverse impact expected c) The protect site is vacant land No impacts are anticipated 13. PUBLIC SERVICES Would the protect result insubstantial adverse physical impacts associated w~ih the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance obtect~ves for any of the public services a) Fire protections O O U (/) b) Police protections O O O (/) c) Schools O O O (/) d) Parks O O U (/) e) Other public facilities O O O (/) u L J ~~~~~~y Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 20 Lass man SpnificaM Less Issues and Su ortin Information Sources PP g Potent,ally SigrufiWm wnn Mnigaaon man S,gnficant No Impact Incomoratetl Irtpact I act Comments: a) The site, located at the 4th Street about two blocks east of Milliken Avenue, would be served by a Fire Station No 174 located approximately 1 mile from the protect site The protect will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the protect so no impacts to fire services will occur No impacts are anticipated b) Additional police protection is not required as the addition of the protect wtll not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the protect site is within an area that is regularly patrolled c) The site is in a developed area currently served by the Cucamonga School District and the Chaffey Joint Union High School District The protect will be required to pay school fees as prescribed by State law, prior to the issuance of building permits No impacts are anticipated d) The site is in a developed area, currently served by the City of Rancho Cucamonga The . nearest park is located 2 miles from the protect site The protect will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities A standard condition of approval will require the developer to pay park development fees No impacts are anticipated e) The proposed protect will utilize existing public facilities The site is in a developed area, currently served by the City of Rancho Cucamonga The protect will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Cumulative development within Rancho Cucamonga will increase demand for library services According to the General Plan FEIR (Section 5 9 9), the protected increase in library space under the General Plan will not meet the protected demand The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the EIR was prepared and impacts evaluated Since the adoption of the General Plan, the City has planned a new library within the Victoria Gardens regional shopping center CJ 14 RECREATION. Would the project a) Increase the use of ewsUng neighborhood and O O O (~) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated b) Does the protect include recreational facddies or O O O (~) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment ~~ ~ ~ .~~' Initial Study for City of Rancho Cucamonga • DRC2003-00770 and SUBTPM16300 -THARALDSON DEVELOPMENT Page 21 less ma„ S,gn,ficant less Issues and Su ortin Informa4on Sources PP g Potentially Signficant W,N Miagation Than Significant No I act Ir,co atetl I d 1 et Comments. a) The site Is in a developed industrial and office area, currently served by the City of Rancho Cucamonga The nearest park Is located 2 miles from the protect site This protect is not proposing any new housing or large employment generator that would cause an mcrease in the use of parks or other recreational facilities A standard condition of approval will require the developer to pay park development fees No impacts are anticipated b) See a)response above 15. TRANSPORTATION/TRAFFIC. Would the protect a) Cause an increase In traffic, which is substantial In () () () (/) relation to the existing traffic load and capacity of the street system (i a ,result In a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level of () () () (/) service standard established by the county congestion management agency for designated roads or highways c) Result In a change in air traffic patterns, including () () () (/) either an increase In traffic levels or a change In location that results In substantial safety risks d) Substantially mcrease hazards due to a design feature () () () (/) (e g ,sharp curves or dangerous intersections) or incompatible uses (e g ,farm equipment) e) Result in inadequate emergency access () () () (/) f) Result In inadequate parking capacity O O O (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation (e g ,bus turnouts, bicycle racks) Comments• a) As noted in the General Plan FEIR (Section 5 5), continued development will contribute to the traffic load in the Rancho Cucamonga area The proposed protect Is consistent with the General Plan for which the FEIR was prepared and impacts evaluated The protect is in an area that Is mostly developed with street improvements existing or included in protect design The protect will not create a substantial increase In the number of vehicle trips, traffic volume or congestion at intersections The protect site will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards In addition, the City has established a Transportation • Development fee that must be paid by the applicant prior to Issuance of building permits Fees are used to fund roadway Improvements necessary to support adequate traffic circulation No Impacts are anticipated r1 U Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 22 Less man Sgn,ficant Less Issues and Su ortin Information Sources pP g Potentially 9gmficam wm, Mmgafion rnan Sgnifcant No I att Ir~co tail I act 1 b) The protect will generate 866 11 two-way peak hour trips (262 57 for each of the three hotels + 78 4 for all three restaurants), which is less than 1,000 two-way peak hour trips for retail, therefore it is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a tratfic impact analysis The protect is in an area that is mostly developed with all street improvements existing The protect will not negatively impact the level of service standards on adtacent arterials The protect will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site No impacts are anticipated c) Located approximately 2 1 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns No impacts are anticipated d) The protect is in an area that is mostly developed The protect will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site The protect design does not include any sharp curves or dangerous intersections or farming uses The protect will, therefore, not create a substantial increase in hazards because of a design feature No impacts are anticipated e) The protect will be designed to provide access for all emergency vehicles and will therefore not create an inadequate emergency access No impacts are anticipated • f) The protect design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity No impacts are anticipated g) The protect design includes, or the protect will be conditioned to provide, features supporting transportation and vehicle trip reduction (e g ,bus bays, bicycle racks, carpool parking, etc ) • 16. UTILITIES AND SERVICE SYSTEMS. Would the pro/act a) Exceed wastewater treatment requirements of the () () () (/) applicable Regional Water Quality Control Board b) Require or result in the construction of new water or () () () (/) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects c) Require or result in the construction of new storm () () () (/) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects ~ d) Have sufficient water supplies available to serve the () () () (/) protect from existing entitlements and resources, or are new or expanded entitlements needed e) Result in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the protect, that it has adequate capacity to serve the protect's protected demand in addition to the provider's existing commitments "7 ~~~=~~ initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 23 Less Than SigmM1CaM Less Issues and Supporting Information Sources seNr~~l~ M. pa'nnn s. Nfi ~t Ne I act Intro ated IrtpaM I an f) Be served by a landfill with sufficient permitted () () () (/) capacity to accommodate the project's solid waste disposal needs g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste Comments• a) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The prolect is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated b) The proposed prolect is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity The prolect is regwred to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated c) All runoff will be conveyed to existing storm dram facilities, which have been designed to • handle the flows A grading and drainage plan must be approved by the Building Official and City Engineer, prior to issuance of grading permits The impact is not considered significant d) The prolect is served by the Cucamonga Valley Water District water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this prolect No impacts are anticipated e) The proposed prolect is served by the Cucamonga Valley Water Distract sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity No impacts are anticipated Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs g) This prolect complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no impacts are anticipated ~~ LJ • Initial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 24 Less men Slprul¢ant Less Issues and Su ortin Information Sources PP g P^te^aafiy Sgrvficant wnn ALapaoon man Slg~cant No I Inco ratetl I an I act 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the protect have the potential to degrade the () () () (/) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory b) Does the protect have impacts that are individually () () () (/) limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a protect are considerable when viewed in connection with the effects of past protects, the effects of other current protects, and the effects of probable future protects) c) Does the protect have environmental effects, which () () () (/) will cause substantial adverse effects on human bemgs, either directly or mdirectly~ Comments• a) Additionally, the area surrounding the site is developed Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site b) If the proposed protect were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan The 2001 General Plan was adopted along with the certdication of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of buildout in the City and Sphere of Influence The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources Mitigation measures were adopted for each of these resources, however, they would not reduce impacts to less than significant levels As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)) These benefits include less overall traffic volumes by developing mixed-use protects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact Proposed mitigation measures would further reduce emission levels Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed The Initial Study identified potentially significant ~~~-~~ Irntial Study for City of Rancho Cucamonga DRC2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT Page 25 impacts associated with the exposure of people to increased noise levels Mitigation measures contained in this Initial Study will ensure impacts are at less than significant levels EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D) The effects identified above for this protect were within the scope of and adequately analyzed m the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The following earlier analyses were utilized m completing this Initial Study and are available for review m the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply) (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (/) Industrial Area Specfic Plan EIR (Certified September 19, 1981) (/) Industral Area Specific Plan, Subarea 18, EIR (SCH #93102055, certified June 15, 1994) (/) Delhi Sand Flower Loving Fly Habitat Swtability Evaluation (Ecological Sciences September 9, 2003) (/) Water Quality Management Plan (Tharaldson Development, November 17, 2003) (/) Noise Impact Analysis (LSA, November 18, 2003) C J L r 1 ILJ ,~~ ~ ~ ~ ~~ Inititd Study fo' City of Rancho Cucamonga 1:)F(:2003-00774 anc S~PBTPM16300 - 7HARALDSON DEVELOPMENT Page 26 ,APPLICANT CER1'fFlCA77ON I caitiff that I am the applicant for the protect descrlDed in the Inltlal Study. I aelmowiedge that I have tear this In~t~al 3:uty and the proposed mmgatlon measures. Further, I have revered the protect plans or proposals a«ndlor hereby agree to the proposed mkigaNon measures to avoid the el}ecte or mktgate the aftems to a pout where ck.-arly no elgnk~cant enwronmerrtal etfec~ would occur. p,ad 3y~~ ~S7e+~: P-r Ei7 L`.,•+ ;.~c cR.S Date: ~'/O'~/b4 Prnt Nerve anc 7rt13; i spiaMU~'un~e~mmlemrdmVdrozoosoona w 5-tzdo~ Z0/i0 =9tid L680S46606 4460 b00Z/L0/40 City of Rancho Cucamonga • NEGATIVE DECLARATION The following Negative DeclaraLon rs being circulated for public review in accordance with the Cal~forma Envrronmental Qua/rty Act Section 21091 and 21092 of the Publrc Resources Code Prolect Fde No. Tentatwe Parcel Map SUBTPM16300 and Development Review DRC2003-00770 Public Review Period Closes: May 12, 2004 Project Name• Prolect Applicant: Tharaldson Development Prolect Location (also see attached map) Located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place - APN 0229-263-48 Prolect Description: A subdivision of 14 8 acres of land into 7 parcels and a request to develop a commeraal center consisting of 3 four-story hotel buildings totaling 352 rooms and 4 restauranUretail pads in the Industrial Park Distract (Subarea 12) FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an . Initial Study to determine if the prolect may have a significant effect on the environment and is proposing this Negatwe Declaration based upon the following fmdmg. ^ The Initial Study shows that there is no substantial evidence that the prolect may have a significant effect on the environment ® The Initial Study identified potentially significant effects but (1) Revisions in the prolect plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the prolect as revised may have a significant effect on the environment If adopted, the Negative Declaration means that an Environmental Impact Report will not be requved Reasons to support this fmdmg are included m the attached Initial Study The prolect file and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Cwic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period Mav 12 2004 Date of Determination Adopted By i> ~ ~ -~~- • RESOLUTION NO 04-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16300, A SUBDIVISION OF 14 8 ACRES INTO 7 PARCELS IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12), LOCATED AT THE NORTH SIDE OF 4TH STREET, BETWEEN PITTSBURGH AVENUE AND RICHMOND PLACE, AND MAKING FINDINGS IN SUPPORT THEREOF-APN 0229-263-48 1 Tharaldson Development filed an application for the approval of Tentative Parcel Map SUBTPM16300, as descnbed in the title of this Resolution Hereinafter m this Resolution, the subtect Tentative Parcel Map request is referred to as "the application.° 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng 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 m the Rentals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission durng the above- referenced public heanng on May 12, 2004, including written and oral staff reports, together with public testimony, this Commission hereby spenfically finds as follows a The application applies to property located on the north side of 4th Street, between Pittsburgh Avenue and Richmond Place, and b. The site is surrounded to the north by industrial/office uses and vacant land to the east, the property to the south is 4th Street and the City of Ontario, and the property to the west is vacant land, and c The application proposes the subdivision of 14 8 acres into 7 parcels, d The application, in conjunction with Development Review DRC2003-00770, proposes the construction of three hotels, and four restaurants The subdivision, together with the recommended conditions of approval, meets development standards for the City of Rancho Cucamonga 3 Based upon the substantial evidence presented to this Commission during the above- referenced public heanng and upon the spenfic findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a The tentatroe parcel map is consistent with the General Plan, Development Code, and any applicable spenfic plans, and ~~ PLANNING COMMISSION RESOLUTION NO 04-53 SUBTPM16300-THARALDSON DEVELOPMENT . May 12, 2004 Page 2 b The design or improvements of the tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans, and The site is physically swtable for the type of development proposed, and d The design of the subdivision is not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat; and The tentative parcel map is not likely to cause serious public health problems, and f The design of the tentative parcel map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivsion 4 Based upon the facts and information contained m the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial ewdence that the protect will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows . a That the Mitigated Negative Declaration has been prepared m compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent tudgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the protect is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the protect, which are listed below as conditions of approval c. Pursuant to the provisions of Section 753 5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the protect, there is no evidence that the proposed protect will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth m Section 753 5(c-1-d) of Title 14 of the California Code of Regulations 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every condition set forth • below and in the Standard Conditions, attached hereto and incorporated herein by this reference ~~~~V~ PLANNING COMMISSION RESOLUTION NO 04-53 SUBTPM16300-THARALDSON DEVELOPMENT • May 12, 2004 Page 3 Endineennq Division 1) Protect 4th Street "Mayor Divided Arterial" improvements including curb, gutter, sidewalk, access ramp, street lights, traffic signs, traffic striping, and traffic signal modifications as regwred a) Protect existing curb, gutter, and sidewalk, or repair as regwred b) Provide 16,000 Lumens HPSV street lights and street trees, as required c) Provide or protect existing traffic signing, striping, and R26 signs as requued d) Provide deceleration/nght turn lane for westbound 4th Street for driveway and at Pittsburgh Avenue The approximate lengths of deceleration/right turn lanes for the driveway and at Pittsburgh Avenue are 105 feet and 180 feet respectively e) Only one driveway wdl be allowed on 4th Street between . Pittsburgh and Richmond Avenues f) Driveway on 4th Street shall have a separate right turn only lane/bus bay, per City Driveway Policy g) Provide a westbound bike lane along 4th Street frontage h) Provide a Traffic Signal for 4th Street at Richmond Place, as warranted 2) Pittsburgh Avenue, Richmond Place, and Mission Vista Drive frontage improvements shall be in accordance with "Industrial Local" standards as regwred and including a) Protect existing curb, gutter, and sidewalk, or repair as regwred b) Provide drive approaches per City Standard Drawing No 101 Type C, a minimum of 35 feet wide and intersecting streets at right angles Driveways with medians shall have two 20-foot wide drive aisles separated by a 10-foot wide median The median shall not extend into the public right-of-way c) Provide 5800 Lumens HPSV street lights and street trees, as regwred . d) Provide or protect existing traffic signing, striping, and R26 signs, as required ~~~~-~ PLANNING COMMISSION RESOLUTION NO 04-53 SUBTPM16300 - THARALDSON DEVELOPMENT . May 12, 2004 Page 4 3) The existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical) on the protect side of 4th Street shall be undergrounded from the first pole offsite west of Pittsburgh Avenue to the first pole offsite east of Richmond Place, prior to public improvement acceptance or occupancy, whichever occurs first. a) Incase there is no undergroundmg involved, relocate the existing power poles as required, to the satisfaction of the City Engineer 4) Final Parcel Map 16300 shall be approved and recorded, prior to approval of any bwlding permits 5) Provide a Water Quality Management Plan (WOMP), to the satisfaction of the City Engineer, and identify applicable Best Management Practices (BMPs) on the grading plan. Environmental Mitioation. Arr Quality 1) All construction egwpment shall be maintained in good operating . condition so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' speafications Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected egwpment use Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Distract (SCAQMD), as well as City Planning staff 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction egwpment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions • Re-establish ground cover on the construction site through • seeding and watering • Pave or apply gravel to any on-site haul roads ~ ~ --G~ PLANNING COMMISSION RESOLUTION NO 04-53 . SUBTPM16300-THARALDSONDEVELOPMENT May 12, 2004 Page 5 • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if sdt is carried over to adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i a ,wind speeds exceeding 25 miles per hour) in accordance with Rule 403 regwrements • Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other suitable means. • 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and Regional Water Quality Control Board [RWOCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAOMD Rule 403 7) Chemical soil stabilizers (approved by SCAQMD and RWOCD) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions S) The construction contractor shall utilize electric or clean alternative fuel-powered egwpment where feasible g) The construction contractor shall ensure that constriction Grading Plans include a statement that work crews wdl shut off egwpment when not in use 10) All residential and commercial structures shall be regwred to incorporate high-efficiency/low-polluting heating, air condmonmg, appliances, and water heaters 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect ~ ~~ ~~~ PLANNING COMMISSION RESOLUTION NO 04-53 SUBTPM16300-THARALDSON DEVELOPMENT . May 12, 2004 Page 6 or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to require incorporation of archaeological sites within new developments by using their special qualities as a theme or focal point • Pursue educating the public about the area's archaeological heritage • Propose mitigation measures and recommend conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistoric resources following appropriate CEQA gwdehnes • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) A qualified paleontologist shall conduct a preconstruction field survey of the protect site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures • Assign a paleontological monitor, framed and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to the San Bernardino County Museum ,~ ~ ~r~/V • • PLANNING COMMISSION RESOLUTION NO 04-53 • SUBTPM16300-THARALDSON DEVELOPMENT May 12, 2004 Page 7 Geology and Sods 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RW QCB) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 2) Frontage public streets shall be swept according to a schedule established by the City to reduce Particulate Matter,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM~o emissions from the site dunng such episodes 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMio emissions. Water Quality S 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropriate Measures that maybe used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete, lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. 2) Prior to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Plan (SW PPP) that identifies Best Management Practices (BMPs) to be implemented dunng the period the site is under construction BMPs shall be identified on the Grading Plans for review and approval by the City Engineer 3) Developer shall implement all non-structural and routine structural BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable as identified m the Water Quality Management Plan (W QMP) (Tharaldson Development 7, 2003) 4) Pnor to issuance of grading or paving permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollution Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Engineer for coverage underthe NPDES General Construction Permit `-~ C -~ PLANNING COMMISSION RESOLUTION NO 04-53 SUBTPM16300-THARALDSON DEVELOPMENT May 12, 2004 Page 8 Noise 1) An acoustical report shall be submitted for City Planner review and approval prior to the issuance of the building permits The final report shall discuss the level of interior noise attenuation to below 60 CNEL, the bwlding materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures The Bwldmg Plans will be checked for conformance with the mitigation measures contained in the final report 2) The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Building and Safety Droision prior to final occupancy release of the affected hotel rooms. 3) During all protect site excavation and grading on site, the protect contractors shall egwp all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards 4) The protect contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitroe receptors nearest the protect site 5) The construction contractor shall locate egwpment staging in areas that wdi create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the protect site during all protect construction 6) During all protect site construction, the construction contractor shall limit all construction-related activities that would result m high noise levels to between the hours of 7.00 a m to 7 00 p m. on weekdays Only limited construction that would not affect adtacent sensitive uses is permitted on Sundays and government code holidays 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Macias, Chairman ~~ ~ /~~ PLANNING COMMISSION RESOLUTION NO 04-53 SUBTPM16300-THARALDSON DEVELOPMENT May 12, 2004 Page 9 ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planrnng Commission of the City of Rancho Cucamonga, do hereby certify thatthe foregoing Resolution was dulyand 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 12th day of May 2004, by the following vote-to-wit: AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~~~ -7~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: TENTATIVE PARCEL MAP SUBTPM16300 AND CONDITIONAL USE PERMIT DRC2003-00770 This Mitigation Monitoring Program (MMP) has been prepared for use m implementing the mitigation measures identified m the Mitigated Negative Declaration for the above-listed protect. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements 1 Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained m the adopted Resolution of Approval for the protect. 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported 3 The MMP has been designed to prowde focused, yet flexible gwdelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be m place through all phases of the protect The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified m the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept m the protect file with the department having the original authority for processing the protect Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency +~ Planning Division 10500 Ciwc Center Drive Rancho Cucamonga, CA 91730 ~~(~ _~_z Mitigation Monitoring Program DRC 2003-00770 and SUBTPM16300 - THARALDSON DEVELOPMENT May 12, 2004 Page 2 3 Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the protect planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the protect planner. 4 The protect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is regwred for the speafic phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Form 6 Unanticipated arcumstances may arse regwring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements or additions An MMP Reporting Form will be completed bythe protect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel 7 The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occumng after written notification has been issued The protect planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The protect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented Any conditions (mitigation) that require momtonng after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the regwred period of time In those instances regwring long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the protect site and reporting the momtonng results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitonng/reportmg plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of budding permits. ~~~~~3 MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: CONDITIONAL USE PERMIT DRC2003-00770 and TENTATIVE PARCEL MAP SUBTPM16300 Applicant: THARALDSON DEVELOPMENT Initial Study Prepared by: Douglas Fenn. Associate Planner Date: Aanl 6.2004 ~. ~. Air Qualdy •_ ^',~~,". '~~c . . ~s ". «+~,~ ~,. „ , , ,,. ~ All construction equipment shall be maintained in good CP C Review of Plans A/C 2/4 operating condition so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City venfication Pnor to the issuance of any grading permds, developer CP/CE C Rewew of Plans C 2 shall submit construction plans to City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low emission mobile construction equpment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the SCAQMD as well as City Planning Staff All paints and coatings shall meet or exceed CP C Review of Plans A/C 2/4 pertormance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed pertormance standards BO B Rewew of Plans A/C 2 noted in SCAQMD Rule 1108 All construction equipment shall comply with SCAQMD CE C Rewew of Plans A/C 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site CE C Review of Plans A/C 2/4 through seedin and waterin 1 of • • - - • . .. • Pave or apply gravel to any on-site haul roads CE C Review of Plans A/C Z4 Phase grading to prevent the susceptibility of large CE C areas to erosion over extended eriods of time Review of Plans A/C 2/4 • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of CE C Review of Plans A/C 2/4 work enods Dispose of surplus excavated material in accordance with local ordinances and use sound CE C Review of Plans A 4 en ineenn ractices • Sweep streets according to a schedule established by the City if silt is carried over to adfacent ublic CE C During A 4 p thoroughfares-or-oc - - - - - _construction curs as a result of hauling Timing may vary depending upon time of year of construction • Suspend grading operations dunng high words (i e , gO/CE C wind speeds exceeding 25 mph) in accordance with Dunng A 4 ~, Rule 403 re uirements construction • Maintain a minimum 24-inch freeboard ratio on soils gO/CE C Dunng A 4 haul trucks or cover payloads using tarps or other ~ swtable means Construction ~ ~ The site shall be treated with water or other BO/CE C Dunng A 4 soil-stabilizing agent (approved by SCAOMD and construction RWOCB) daily to reduce PM~o emissions, in accordance with SCAOMD Rule 403 Chemical soil stabilizers (approved by SCAOMD and BO/CE C During A 4 RWOCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM~o emissions The construction contractor shall utilize electnc or clean CE C Review of Plans A/C 4 alternative fuel powered equipment where feasible The construction contractor shall ensure that CE C Review of Plans A/C 2/4 construction-grading plans include a statement that work crews will shut off equpment when not in use All residential and commercial structures shall be BO C/D Review of Plans C 2/4 regwred to incorporate high effiaency/low polluting heating, air conditioning, appliances and water heaters 2of7 • .. ... ~. .. ,All residential and commercial structures shall be BO C/D Rewew of Plans C 2/4 required to incorporate thermal pane windows and weather-stripping Cultural Resour"ces ~ _ ~ '' ~ ` _~` ~;=^ -,r°~ - -", ~~`^ _~~ - ~ , r.~,- .- ~~~ ~ ~~~~ ~+, ;_ ,: a ~ ~ a 'N fJ~ `~u , r ~ . Y ~ o , If any prehistoric archaeological resources are CP B/D Review of Plans A/C p/3 encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated CP/BO C Rewew of A/D 3/4 sites from demolition or significant modification Report without an opportunity for the City to establish its archaeolo ical value • Consider establishing provisions to regwre CP/BO C Rewew of A/D 3/4 incorporation of archaeological sites within new Report developments, using their special qualities as a theme or focal oint • Pursue educating the public about the area's CP/BO C Review of A/D 3/4 archaeological heritage Report Propose mitigation measures and recommend CP/BO C Review of A/D 3/4 conditions of approval to eliminate adverse protect Report effects on significant, important, and unique prehistoric resources, following appropriate CEQA uidelines • Prepare a technical resources management report, CP C Review of A/D 3/4 documenting the inventory, evaluation, and Report proposed mitigation of resources within the protect area Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiwn 3 of~ ! ~ ~ ... . . .. -. .: A qualified paleontologist shall conduct a preconstruction CP B Review of A/D 4 field survey of the protect site The paleontologist shall Report submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the followin measures • Assign a paleontological monitor, trained and CP B Review of A/D 4 egwpped to allow the rapid removal of fossils with Report minimal construction delay, to the site full-time dunn the interval of earth-disturbin activities ._- Should fossils be found within an area being cleared -_ __ BO B/C Review of A/D 4 or graded, divert earth-disturbing activities Report elsewhere until the monitor has completed salvage If construction personnel make the discovery, the J grading contractor should immediately divert 1~ ' construction and notif the monitor of the find S b 1 u mit summary report to City of Rancho CP D Review of D 3 Cucamonga Transfer collected specimens with a Report copy of the report to San Bernardino County Museum Geologic Problems ' ' ` , _ ~ r ~',~ "='z" The site shall be treated with water or other BO/CE C During A 4 soil-stabilizing agent (approved by SCAOMD and Construction RW OCB) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 Frontage public streets shall be swept according to a CE C During A 4 schedule established by the City to reduce PM,o Construction emissions associated with vehicle tracking of sod off-site Timing may vary depending upon time of year of construction Grading operations shall be suspended when wind BO/CE C During A 4 speeds exceed 25 mph to minimize PM,o emissions Construction from the site during such episodes 4 of 7 • .. ~ ... .. -• . .. Chemical soil stabilizers (approved by SCAQMD and BO/CE C During q q RWOCB) shall be applied to all inactive construction Construction areas that remain inactive for 96 hours or more to reduce PM,o emissions Hydrology and Water Quality ~"+`3","~~~,`an°. ~ '~'"~° ~h ~~;"~.~~'.,~~,~" 5; ~'' ~~; t° ~q; ~ ;~ ' '~A' "' ' pp~ `'~,c , „'~~r,= `r ~ ,. `v - N ,> t. a t 3,:.'.v ~ P "dF"'"`n3 ~ 3. MaS ~' tt 1F~ ~_ 1 -, 2v: cT.T~',~'~ Structures to retain precipitation and runoff on-site shall CE B/C/D Review of Plans A/C 2/4 be integrated into the design of the protect where appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces , dnrersions, runoff spreaders, seepage pits, and recharge basins Prior to issuance of grading permits, the applicant shall CE B/C/D Review of Plans A/C 2/4 prepare a SW PPP that identifies BMPs to be implemented during the period the site is under construction BMPs shall be identified on the grading plans for review and approval by the City Engineer Developer shall implement all non-structural and routine CE B/C/D Review of Plans A/C 2/4 structural Best Management Practices (BMPs) that wili be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable as identified in the Water Quality Management Plan (Tharaldson Development, November 17, 2003). Prior to issuance of grading or paving permits, applicant CE B/C/D Review of Plans A/C 2/4 shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollution Discharge elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit NOISe `:P`F "£=.t:: r~~:%" ,°~f~•~i tu.fi,~. ;X~i~(R ~$~c ' ~~uu.~ ~~':"Y ~4~ t ~ b ... t: to t`3 t ;.Yi • 5of~ • ~. V .. . .. ' _. ,: An air conditioning system for all six bwldmgs proposed CE C Review of Plans AC 2/4 on the prolect site An acoustical report shall be submitted for City Planner CE CB Review of Plans AC 2/4 review and approval, prior to the issuance of building permits The final report shall discuss the level of interior noise attenuation to below 60 CNEL, the bulding materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures The bulding plans will be checked for conformance with the mitigation measures contained in the final report The applicant shall submit certification from an CO C Review of Plans AC 2/4 acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Budding and Safety Droision prior to final occupancy release of the affected homes During all prolect site excavation and grading on site, CO C Review of Plans AC Z4 the prolect contractors shall egwp all construction equpment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards The prolect contractor shall place all stationary CO C Review of Plans AC 2/4 construction equipment so that emitted noise is directed away from sensitive receptors nearest the prolect site The construction contractor shall locate equipment CB C Review of Plans AC 2/4 staging in areas that will create the greatest distance between construction-related noise sources and noise- sensitive receptors nearest the prolect site during ail prolect construction 6of7 During all project site construction, the construction CB C Review of Plans contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7 00 a m to 7 00 p m on weekdays Only limited construction that would not affect adjacent sensitwe uses is permitted on Sundays and government code holidays ~- Key to Checklist Abbreviations Res onsible Person P ;MoNtoririg'~Fr®quency ~'`; SMethod of U„~e i ca_tlo_ n ; ;~~~,~ ~ Sanction's ~~LL CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP -City Planner or designee B -Prior To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Bwlding Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Certificate of Occupancy BO - Bwlding Offiaal or designee D - On Completion D -Separate Submittal (Reports /Studies / Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Deposit or Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 - Citatwn I \PLANNING\Doug\DRC2003-00213mm checklist doc 7of~ • STANDA PROJECT #: SUBJECT: APPLICANT: ,TINE COMMUNITY DEVELOPMENT DEPARTMENT D CONDITIONS 6300 LOCATION: NORTH SIDE OF ALL OF THE FOLLOWING APPLICANT SHALL CONTACT THE WITH THE FOLLOWING CONDITIQ A. General Requirements The applicant shall agree to agents, officers, oremploye~ relinquish such approval employees, for any Court ~ employees maybe required discretion, participate at ds c shall not relieve applicant of Approval of Tentative Tract P Use Permit DRC2003-00770 B. Time Limits This tentative tract map or Commission, unless a coin date of the approval C. Site Development The site shall be developed an. site plans, architectural elevate grading on file m the Planning Code regulations SC-1-04 ET BETW EEN P RGH AVENUE AN PLACE APPLY TO YOUR PROJECT. DIVISION, (909) 477-2750, FOR COMPLIANCE fend at his sole expense any action brought against the City, its because of the issuance of such approval, or in the altematroe, to e applicant shall reimburse the City, its agents, officers, or is and attorney's fees which the City, its agents, officers, or a court to pay as a result of such action The City may, at its sole expense in the defense of any such action but such participation obligations under this conddion cel Map 16300 is granted subfect to the approval of Conditional :roe parcel map shall expire, unless extended by the Planning final map is filed with the City Engineer within 3 years from the intained in accordance with the approved plans which include exterior materials and colors, landscaping, sign program, and aeon. the conditions contained herein, and the Development Completion Date ~~- _/_~_ ~~- ~-/- i \planning\tmal\pingcomm\subtpm16300cond 5-12 do i 1~ ~ ~ ~ ~/ / Protect No SUBTPM16300 Completion Date 2 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for -/-/~ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 3 Approval of this request shall not waive compliance with all sections of the Development Code, all ~-/- other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of bulding permit issuance D. Environmental 1 Mitigation measures are required for the project The applicant is responsible for the cost of _/_/_ implementing said measures, including monitoring and reporting Applicant shall be regwred to post cash, letter of credo, or other forms of guarantee acceptable to the City Planner in the amount of $ 719 poor to the issuance of building permits, guaranteeing satisfactory pertormance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit E. Other Agencies t The applicant shall contact the U S Postal Service to determine the appropriate type and location ~~- of mailboxes Multi-faintly residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. Dedication and Vehicular Access 1 Rights-of-way and easements shall be dedicated to the City for all interior public streets, ~-/- communitytrails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc) shall be reserved as shown on the plans and/or tentative map 2 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from ~~- street centerline) 33 total feet on Pittsburgh Avenue ~~- 3 Corner property line cutoffs shall be dedicated per City Standards -/-/- 4 Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint ' ~~- s or maintenance of all common roads, drives, or parking areas shall be provided by CC & R deeds and shall be recorded prior to, or concurrent with, the final parcel map 5 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or -/-/- noted on the final map 6 All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the .~-/~ final map SC-1-04 i \planning\final\pingcomm\subtpm16300cond 5-12 doc 1\ A- ~ ~ ~~ Protect No SUBTPM76300 Completion Date • • G. Easements for public sidewalks and/or street trees placed outside the public right-of-wayshall be dedicated to the City Additional street right-of-wayshall be dedicated along right turn lanes/busbay, to provide a minimum of 7 feet measured from the face of curbs Street Improvements All public improvements (interior streets, drainage facilities, communitytrails, 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, istreet lights, and street trees Pursuant to City Council Resolution No 88-557, no person shalt make connections from a source of energy, fuel or power to any building service equipment 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 or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of ddvelopment Construct the following perimeter street improvements including, but not limited to' Street Name Curb & Gutter SAC Fvmt Sitle- walk Drive Appr Street Lights Street Trees Comm Trail Median Islantl Bike Trail Other 4th Street ; C X X X X Pittsburgh Avenue ~ X X X Richmond Avenue ~ X X X Mission Vista Drive i X X X 4 Notes (a) Median island inc sidewalk shall be curvilinear ~s landscaping and irrigation on meter c) If so marked, Standard 114 Improvement Plans and / / ~-~_ _/~- _/~_ ~~- ~~_ SC-1-04 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 pertormed In public right-of-way, tees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be installed with any new construction or reconstruction protect along mator 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 ~~- _/_l- _/-~. i \planning\final\pingcomm\subtpm16300cond 5-12 do i `11 ,F ~ ~~~ Protect No SUBTPM76300 Completion Date Notes 1) 2) Pull boxes shall be No 6 at intersections and No 5 along streets, a maximum of 200 feet apart, unless otherwise speafied by the City Engineer Conduit shall be 3-inch galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer f Existing City roads regwring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permts are requred A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots h Street names shall be approved by the City Planner prior to submittal for first plan check 5 Prowde a minimum of 3-inch conduit for future fiber optic use on 4th Street with connection through the parkway to each lot or parcel (fiber-to-the curb, FTTC) The size, placement, and location of the conduit shall be shown on the Street Improvement Plans and subfect to City Engineer review and approval prior to issuance of building permits or final map approval, whichever comes first 6 Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program 7 Install street trees per City street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and lengend" Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans The City Engineer reserves the right to adfust tree species based upon field conditions and other variables For additional information, contact the Protect Engineer Min Grow Street Name Botanical Name Common Name Space Spacing Size Gty Mission Vista Magnolia grandiflora NCN 3' 20' O C 15 Gal Fill Drive 'St Mary in Pittsburgh Ave Melaleuca linarufolia Flaxfeaf Paperbark 5' 30' O C 15 Gal Richmond Place Brachychiton Borile Tree 5' 25' O C 15 Gal populneus 4th Street Foreground trees Platanus acenfolia London Plane Tree 8' 30' Max 15 Gal Approximately 60% Informal Background Trees Pinus canariensis Canary Island Pine 6' 25' Max 15 Gal Infonnal Approximately 40% ° 24 Accent Lagerstroemia indica Crape Myrtle 3' 20' Max Box SC-1-04 • / / ~_~- ~~- ~~- ~-~- u i \plenning\final\pingcomm\subtpm16300cond 5-12 doc \ ~i ~ ~ v Protect No SUBTPM16300 Completion Date . Design Notes 1) Street trees on new str based upon available p Established streets shoe Division, landscape sec 2) Street trees are to be sh Engineer and construct 3) Street trees shown on F 4) Interior streets will be evergreen trees for nor prone areas may be rec 5) Indicated spacings and tree concept goes beyc maintenance easement Planning Division On-<. 6) Street improvement pla cases, when details al condittoning, options are to ascertain the context ~ erroneous information o 7) Street improvement plat Street trees shall be ms ets are to be selected from the City's approved street tree list, intmg area (typically between back ~f-curb and the sidewalk) d already have designated tree species Contactthe Engineering on at (909) 477-2740 for additional information wn on street or other public improvement plans signed bythe City i per the same snning Division submittals are conceptual only egwred to select deciduous trees for east-west streets and rsouth streets from the City's approved street tree list Wind- ired to utilize a more deaduous palette zes are requirements for Ctty-maintained trees only Where the d areas of influence near public improvements and/or any city >pacings and sizes will be per the on-site plans approved by the e and off-site plans shall be coordinated s shall reflect the legend and notes indicated below In some tut parkway sizes or utilities are unavailable at the time of xovided for various situations It is the designer's responsibility the tree planting, select the appropriate tree option, and omd any the final legend shall reflect a line item within the construction legend to state Iled per the notes and legend on Sheet 1 1) All street trees are to be planted to accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the Ctty inspector Any unusual toxicities or nutrient deficiencies may requve backfill soil amendments, as determined by the City inspector 3) All street trees are subtect to inspection and acceptance by the Engineering Dwision 4) Street trees are to be plat ted per public improvement plans only 8 Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy On collector or larger streets, lines of sight shall be plotted for all protect intersections, including drveways Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required H. Public Maintenance Areas 1 A signed consent and waroer form to loin and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permtts whichever occurs first Formation costs shall be borne by the developer 2 Parkway landscaping on the following street(s) shall conform to the results of the respectwe Beautification Master Plan 4th Street I. Drainage and Flood Control 1 A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of bwldtng permtts, whichever occurs first All drainage facilities shall be installed as required by the City Engineer • SC-1-04 5 i i\planning\fmal\pingcomm~subtpm16300cond 5-72 doc ~ 1~ ~, ~~ / / -/-J_ ~~_ / / Protect No SUBTPM16300 Completion Date J. Improvement Completion If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed bythe Developer and the City will be regwred for 4th Street, Pittsburgh Avenue, Richmond Avenue and Mission Vista Drive Right turn lanes, drive approaches, street lights, street trees, curbside drain outlets If the regwred public improvements are not completed prior to approval of the final parcel map, an improvement certificate shall be placed upon the final parcel map, stating that they will be completed upon development for Each parcel Right turn lanes, drive approaches, street lights, street trees, curbside drain outlets K. Utilities Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) m accordance with the Utility Standards Easements shall be provided as required The developer shall be responsible for the relocation of existing utilities as necessary. Water and sewer plans shall be designed and constructed to meet the regwrements of the Cucamonga County W ater District (CCW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CCW D is regwred 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 protects Approvals have not been secured from all utilities and other interested agencies involved Approval of the frnal parcel map wdl be subtect to any regwrements that may be received from them L. General Requirements and Approvals 1 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the fvst six months of operation, prior to final map approval or prior to bwlding permit Issuance If no map is involved 2 Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program The deposd is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from Iandfilis, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Division when the first building permit application is submitted to Building and Safety Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition protect APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • -~-~- -~-~- ~~- / / ~~- ~~• _/_J- _/-J- • SC-~ -oa i \planning\final\pingcomm\subtpm16300cond 5-12 doc ~ a-• ~ _ ~~~ RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS Apnl 26, 2004 Tharaldson Development Ivvss~on Ave. & Pittsburgh PM 16300 Hotel, Retail & Restaurant DRC2003-00770 & SUTPI THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. Fire Department access was approved based on an alternative method, which requires that the 4 story Buildings be equipped with a Full NFPA 13 system (not NFPA 13R) throughout. Standpipes are required at each floor in the stairways. The sprinkler heads must be of a quick response type (QR). The fire sprinkler system shall be electronically supervised. A water flow alarm and a shutoff valve shall be installed at each floor the signals shall be addressable. The small room ivle may not exceed 500 square feet. Please reference • RCFPD Ordinance 39 for thelspeciflc requirements of the sprinkler system for Low Rise buildings. The fire alarm system must be in accordance to the 2001 CFC section 1006.2.9. A fire pump or pumps maybe required to deliver the necessary water supply to the buildings sprinkler system. FSC-1 Public and Private Waler Supply 1 Design gu~delmes for Fire Hydrants The following provides design guidelines for the spacing and location of firehydrants a The maximum distance between fire hydrants m commerc~al/mdustnal projects ~s 300- feet No portion of the extenor wall shall be located more than 150-feet from an approved fire hydrant For cul-de-sacs, the distance shall not exceed 100-feet b Fire hydrants are to be located The preferred locations for fire hydrants aze i 1 At the entrance(s) to a commercial, mdustnal or res~dent~al protect from the pubhc roadways 2 At mten;echons 3 On the nght side of the street, whenever practical and possible 4 As requred by [he Fire Safety Dw~s~on to meet operational needs of the Fire D~stnct 5 A rmmmum of forty-feet (40') from any building f. If any portion of a facility or bu~ldmg is located more than 150-feet from a public fire hydrant measured on and approved route around the extenor of the fac~lrty or building, additional pnvate or pubhc fire hydrants and mains capable of supplying the required . fire flow shall be provided g Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof FSC-2 Fire Flow ~~ ~ ^~~ 1 The requred minimum fire flow for this protect, when automatic fire sprinklers are installed . is 3625 gallons per rrunute at a rrunimum residual pressure of 20-pounds per square inch This flow reflects a 50-percent reduction for the installation of an approved automatic 5re sprinkler system m accordance with NFPA 13 with central station monitoring This requirement is made m accordance with the Cahfomia Fire Code Appendix III-A, as adopted by the Fire District Ordinances 2 Public fire hydrants located within a 500-foot radius of the proposed protect may be used to provide the regmred fire flow subject to Fire District review and approval Private fire hydrants on adjacent property shall not be used to provide required fire flow 3 Fire protection water plans aze required for all protects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. 4 On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed protect site FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other • applicable standards require an approved automatic fire sprinkler system to be installed in 1 Commercial or industrial structures greater than 7,500 square feet 2 Hotels greater than 2 stones and containing 6 or more guest rooms 3 "All structures that do not meet Fire District access requirements (see Fire Access). 4 When required fire flow cannot be provided due to inadequate volume or pressure 5 When buildings do not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access -Fire Lane Standard 9-7 6 When any applicable code or standard requires the structure to be spnnklered. FSC-5 Fire Alarm System 1 Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and the California Fire Code for fire alarm requirements for these buildings 2 Prior to any installation, removal, remodel, modification and/or additions to the building fire alarm system, Fire Construction Services' approval and a building permit must be obtained Plans and specifications shall be submitted to Fire Construction Services m accordance with RCFPD Fire Alarm Standard #10-6 3 Based on the number of sprinkler heads, the sprinkler system is required to monitored by a fisted central station fire alarm system FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes Please reference the RCFPD Fire Department Access -Fire Lanes Standard #F191 10 200 1 Location of Access All portions of the structures 151 story exterior wall shall be located wrthm 150-feet of Fire District vehicle access, measure on an approved route around the extenor of the bmldmg Landscaped areas, unpaved changes m elevation, gates and fences . are deemed obswctions 2 Specifications for private Fire District access roadways per the RCFPD Standards are a The rmmmum unobstructed width ~s 26-feet b The maximum ms~de turn radius shall be 20-feet c The rmmmum outside turn radius shall be 46-feet d The rmmmum radius for cul-de-sacs is 45-feet e The rmmmum vertical cleazance ~s 14-feet, 6-inches f At any prvate entry median, the rrummum width of traffic lanes shall be 20-feet on each side g The angle of departure and approach shall not exceed 9-degrees or 20 percent h The maximum grade of the dnvmg surface shall not exceed 12%. ~. Support a rmmmum load of 70,000 pounds gross vehicle weight (GVW). ~. Trees and shrubs planted adjacent to the fire lane shall be kept tnmmed to a rmmmum of 14-feet, 6-inches from the ground up Vegetation shall not be allowed to obstruct Fire Department apparatus. 3 Access Doorways Approved doorways, accessible without the use of a ladder, shall be provided as follows: a In buildings without high-piled storage, access shall be provided m accordance with the 2001 Cahforn~a Building Code, Fire and/or any other applicable standards 4 Access Walkways• Hazdscaped access walkways shall be provided from the fire appazatus access road to all required building extenor openings 5 Commercial Gates Any gate installed across a Fire Department access road shall be in accordance with Fire D~stnct Standard #9-2 The following design requirements apply a The gate shall be motonzed and slide open honzontally or swing rnward b. All gates must open at the rate of one second for each one-foot of required width c When fully open, the rmmmum width shall be 20-feet d Gates are not requrred to be motonzed 6 Fire Lane Identification Red curbing and/or s~gnage shall identify the fire lanes A site plan illustrating the proposed delineation that meets the nummum Frre Distnct standazds shall be included m the architectural plans subrmtted to B&S for approval 7 Approved Fire Department Access: Any approved rruhgation measures must be cleazly noted on the site plan A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans subrmtted to B&S for plan review FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code penruts commonly associated with the business operations and/or building construction Plan check subrmttal ~s regmred with the pernvt application for approval of the perrmt, field inspection ~s required pnor to penmt issuance General Use Penmt shall be required for any activity or operation not specifically descnbed below, which m the~udgment of the Fire Chef ~s likely to produce condrt~ons that may be hazardous to life or property Candles and open flames m public assemblies • Compressed Gases LPG or Gas Fuel Vehicles m Assembly Buildings • Public Assemblies FSC-11 Hazardous Materials -Submittal to the County of San Bernardino 3 ~~~'D/ The San Bemardmo County Fire Department shall review your Business Emergency/Contingency Plan for compliance with rrvmmum standards Contact the San Bemardmo County Fue, Hazazdous Materials Drv~sion at (909) 387-4631 for forms and ass~s[ance The County Fue Department ~s the CaUEPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga 1 If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bemardmo County Fire Department reviews your Business Emergency/Conttngency Plan Cahforn~a Government Code, Section 65850.2 proh~brts the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazazdous materials disclosure regmrements. A Risk Management Program (1tMP) may also be required if regulatton substances are to be used or stored at the new facility. 2 Any business that operates on rented or leased proDerty which ~s regwred to subtmt a Plan, is also required to submut a nonce to the owner of the property m wnttng stating that the business ~s subject to the Business Emergency/Conttngency Plan mandates and has complied with the prov~s~ons The tenant must provide a copy of the Plan to the property owner within five (5) worlang days, ~f requested by the owner FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be subrmtted and approved prior to constructton of buildings and/or the installation of egwpment designed to store, use or dispense hazardous materials m accordance with the 2001 Cahforn~a Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standazds. FSC-13 Alternate Method Application Fire Constructton Services staff and the Fire Marshal will review all requests for alternate method, when subrmtted The request must be subrmtted on the Fire District "Apphcatton for Alternate Method" form along with supporting documents and payment of the $92 review fee FCS-14 Map Recordation 1. Reciprocal Access Agreement The plan as subrmtted md~cate that the required Fire Department access a Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners, or d Is located on cortunon space under the control of an owner's associatton Please provide a permanent access agreement granting irrevocable use of the property to the Fire District The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dechcated access without Fire D~stnct approval The recorded agreement shall include a copy of the site plan The agreement shall be presented to Fire Construction Services for review and approval, pnor to recordatton The agreement shall be recorded with the Recorder's Office, County of San Bemardmo To assist Fire Construction Services m reviewing the agreement the following shall be included m the submittal a The curent title reports to provide a legal descnptton and proof of ownership for al] properties included in the agreement b. The assessor's parcel numbers of each parcel subject to the agreement I 1 ~ Ir ~' /l/ c A scaled site plan showing the path of the Fire Distnct access, the width, turn radii and slope of roadway surface shall be provided The access roadway shall comply with the regmrements of the RCFPD Fire Lane Standard #9-7 2 Reciprocal Water Covenant and Agreement The plans as submitted indicate that a required pnvate fire mains or appurtenances a Pass through or aze located on property not under the control of the applicant, or b. Crosses a property line, or c Provide service to adjacent properties, or d Is located on common space under the control of an owner's association; or e Is shared by multiple owners Please provide a permanent maintenance and service agreement between the owner for the pnvate water mains, fire hydrants and fire protection egmpment essential to the water supply The agreement shall meet the form and content approved by the Rancho Cucamonga Fire Distnct The agreement shall be submitted to Ftre Construction Services for review and approval, pnor to recordation The agreement shall be recorded within the Recorder's Office, County of San Bemazdino Chronolo;;ical Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1 Private Water Supply (Fire) Systems The applicant shall subrmt construction plans, specifications, flow test data and calculations for the pnvate water main system for review and approval by the Fire Distnct Plans and installation shall comply with Fire Distnct Standazds Approval of the on-site (pnvate) fire underground and water plans is required pnor to any building permit issuance for any structure on the site Pnvate on-site combination domestic and 5re supply system must be designed m accordance with RCFPD Standazds # 9-4, #10-2 and #10-4 The Building & Safety Division and Fire Construction Services will perform plan checks and inspections All pnvate on-site fire hydrants shall be installed, flushed and operable pnor to delivenng any combustible framing matenals to the site Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped 2 Public Water Supply (DomestidFire) Systems The applicant shall subrmt a plan showing the locations of all new public 5re hydrants for the review and approval by the Fire Distnct and CCWD On the plan, show all existing fire hydrants within a 600-foot radms of the project All required public fire hydrants shall be installed, flushed and operable pnor to dehvenng any combustible framing matenals to the site CCWD personnel shall inspect the installation and witness the hydrant flushing Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD Ftre Construction Services must grant a clearance before lumber is dropped 3 Construction Access The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7 All temporazy utilities over access roads must be installed at least 14' 6" above the finished surface of the road 4 Fire Flow A cun•ent fire flow letter from CCWD must be received The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services ~~E-/~ Easements and Reciprocal Agreements All easements and agreements must be recorded with the County of San Bernardino PRIOR TO THE RELEASE OF TEMPORARY POWER The bwldmg construction must be substantially completed m accordance with Fire Construction Servtces' "Temporary Power Release Checklist and Procedures" PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1. Hydrant Markers All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway to accordance with the Ctty of Rancho Cucamonga Engineering Standazd Plan 134, "Installation of Reflective Hydrant Mazkers" On private property, the mazkeis shall be installed a[ the centerline of the fire access road, at each hydrant location 2. Private Fire Hydrants• For the purpose of final acceptance, a licensed sprinkler contractor, to the presence of Ftre Construction Servtces, shall conduct a test of the most hydraulically remote on-site fire hydrants The underground fire line contractor, developer and/or owner aze responstble for hiring the company to petfonn the test. A final test report shall be submitted to Ftre Construction Servtces verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the Calrfomta Ftre Code 3. Fire Sprinkler System• Prior to the tssuance of a Certtficate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Ftre Construction Servtces 4 Fire Sprinkler Monitoring Pnor to the tssuance of a Certtficate of Occupancy, the fire sprinkler monttonng system must be tested and accepted by Ftre Construction Servtces The fire sprinkler monttonng system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power) 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Ftre Construction Servtces before occupancy is granted and/or egwpment is placed m service 6. Fire Alarm System Prior to the tssuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Ftre Construction Servtces. 7 Access Control Gates Prior to the tssuance of a Certtficate of Occupancy, vehtculaz gates must be inspected, tested and accepted to accordance with RCFPD Standards #9-1 or #9-2 by Ftre Construction Servtces 8. Fire Access Roadways: Prior to the tssuance of any Cemficate of Occupancy, the fire access roadways must be installed to accordance with the approved plans and acceptable to Fire Construction Servtces The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit pazktng, specify the method of enforcement and identifies who is responstble for the requrred annual inspections and the maintenance of all requrred fire access roadways Address: Prior to the issuance of a Certtficate of Occupancy, commerctaUmdustnal and multi-faintly buildings shall post the address with minimum 8-inch numbers on contrasting background, wstble from the street and electrically illuminated during periods of darkness When the building setback exceeds 200 feet from the public street, an additional non- tlluininated 6-inch minimum number address shall be provided at the property entrance Larger address numbers will be requrred on buildings located on wide streets or built with I~ SP h - large setbacks mmulti-tenant commercial and mdustnal buildings The smte designation numbers and/or letters shall be provided on the front and back of al] suites 10 Hazardous Materials Pnor to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in venting from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Matenals/Emergency Response and Enforcement Dwision The applicant must also obtain inspection and acceptance by Fire Construction Services 11. Confidential Business Occupancy Information The applicant shall complete the Rancho Cucamonga Fire Distract "Confidential Business Occupancy Information" form This form provides contact information for Fue D~stnct use m the event of an emergency at the subject building or property Thrs form must be presented to the Fue Constructwn Services Inspector 12. Mapping Site Plan Pnor to the issuance of a Certificate of Occupancy, a 8'/z" x 11" or I1" x 17" site plan of the site m accordance with RCFPD Standazd #13-1 shall be revised by the applicant to reflect the actual location of all devices and bu~khng features as required m the standazd The site plan must be reviewed and accepted by the Fue Inspector. • ~~ x-9.3 RESOLUTION NO 04-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2003-00770, TO DEVELOP A COMMERCIAL CENTER CONSISTING OF 3 FOUR-STORY HOTEL BUILDINGS TOTALING 352 ROOMS AND 4 RESTAURANT PADS ON 14 8 ACRES OF LAND IN THE INDUSTRIAL PARK DISTRICT (SUBAREA 12), LOCATED ON THE NORTH SIDE OF 4TH STREET, BETW EEN PITTSBURGH AVENUE AND RICHMOND PLACE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0229-263-48. A Recitals 1 Tharaldson Development filed an application for the approval of Conditional Use Permit DRC2003-00770, as described m the title of this Resolution Hereinafter m this Resolution, the subfect Conditional Use Permit request is referred to as °the application " 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing to considerthe application and concluded said hearng on that date 3 Ali legal preregwsites 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 speafically finds that ail 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 durng the above- referenced public hearing on May 12, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to property located on the north side of 4th street, between Pittsburgh Avenue and Richmond Place, and b The site is surrounded to the north by industrial/office uses and vacant land to the east, the property to the south is 4th Street and the City of Ontario, and the property to the west is Jacant land, and c The application proposes the development of 3 four-story hotels and future 4 restaurant pads on 14 8 acres, and d The protect, together with the recommended conditions of approval, meets • development standards for the City of Rancho Cucamonga 3 Based upon the substantial evidence presented to this Commission during the above- referenced meeting on May 12, 2004, including written and oral staff reports, this Commission hereby speafically fords and concludes as follows ~~ PLANNING COMMISSION RESOLUTION NO 04-54 DRC2003-00770 - THARALDSON DEVELOPMENT . May 12, 2004 Page 2 That the proposed project is consistent with the objectives of the General Plan, and b That the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located, and c That the proposed design is in compliance with each of the applicable provisions of the Development Code, and d That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements m the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a That the Mitigated Negative Declaration has been prepared in compliance with the • California Environmental Quality Act of 1970, as amended, and the State California Environmental Quality Act guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independentjudgment of the Planning Commission, and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed below as conditions of approval c Pursuant to the provisions of Section 753 5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the prolect, there is no evidence that the proposed prolect will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(c-1-d) of Title 14 of the California Code of Regulations 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Plannino Division 1) Outdoor dining may be approved by the City Planner, increasing the combined total indoor and outdoor restaurant floor area to greater than ~fC L -%.5 PLANNING COMMISSION RESOLUTION NO 04-54 DRC2003-00770-THARALDSON DEVELOPMENT May 12, 2004 Page 3 22,111 square feet, if the developer submits a shared parking study prepared pursuant to Development Code Section 17 12 040 E 2) The master plan is approved in concept only Each restaurant pad shall submit a separate DevelopmenUDesign Review application for review and approval by the City Planner. A Conditional Use Permit is required if the use includes a bar or entertainment If the restaurant pads are graded, but no bwldings constructed, then they shall be hydroseeded and irrigated for erosion control and aesthetics 3) No entertainment is approved by this permit. Any entertainment, as defined by Rancho Cucamonga Municipal Code Chapter 5 12, shall require separate application and approval of an Entertainment Permit Engmeenna Division 1) Protect 4th Street "Major Diwded Arterial" improvements including curb, gutter, sidewalk, access ramp, street lights, traffic signs, traffic stnpmg, and traffic signal modifications as regwred • a) Protect existing curb, gutter, and sidewalk, or repair as regwred b) Provide 16,000 Lumens HPSV street lights and street trees, as regwred. c) Provide or protect existing traffic signing, striping, and R26 signs as regwred d) Provide deceleration/right turn lane for westbound 4th Street for driveway and at Pittsburgh Avenue The approximate lengths of deceleration/right turn lanes for the driveway and at Pittsburgh Avenue are 105 feet and 180 feet respectively e) Only one driveway will be allowed on 4th Street between Pittsburgh and Richmond Avenues f) Driveway on 4th Street shall have a separate right turn only lane/bus bay, per City Driveway Policy g) Provide a westbound bike lane along 4th Street frontage. h) Provide a Traffic Signal for 4th Street at Richmond Place, as warranted • 2) Pittsburgh Avenue, Richmond Place, and Mission Vista Drive frontage improvements shall be in accordance with "Industrial Local" standards as required and mcludmg a) Protect existing curb, gutter, and sidewalk, or repair as regwred ~ ~ ~_ - ~~ PLANNING COMMISSION RESOLUTION NO 04-54 DRC2003-00770 - THARALDSON DEVELOPMENT May 12, 2004 Page 4 b) Provide dnve approaches per City Standard Drawing No 101 Type C, a minimum of 35 feet wide and intersecting streets at right angles Drroeways with medians shall have two 20-foot wide drive aisles separated by a 10-foot wide median The median shall not extend into the public right-of-way c) Provide 5800 Lumens HPSV street lights and street trees, as required. d) Provide or protect existing traffic signing, striping, and R26 signs, as required 3) The existing overhead utilities (telecommunications and electrical, except for the 66 kV electrical) on the protect side of 4th Street shall be undergrounded from the first pole offsite west of Pittsburgh Avenue to the first pole offsite east of Richmond Place, prior to public improvement acceptance or occupancy, whichever occurs first a) Incase there is no undergrounding involved, relocate the existing • power poles as required, to the satisfaction of the City Engineer. 4) Final Parcel Map 16300 shall be approved and recorded, prior to approval of any budding permits 5) Provide a W ater Quality Management Plan (W QMP), to the satisfaction of the City Engineer, and identify applicable Best Management Practices (BMPs) on the grading plan Environmental Mitigation Air Quality 1) All construction equpment shall be maintained m good operating condition so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and protected egwpment use Construction contractors shall provide evidence that low-emission mobile construction egwpment will be utilized, or that their use was investigated and found to be infeasible for • the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management Distract (SCAQMD), as well as City Planning staff J~ ~ ~ ~ ~'7 PLANNING COMMISSION RESOLUTION NO 04-54 . DRC2003-00770-THARALDSON DEVELOPMENT May 12, 2004 Page 5 3) All paints and coatings shall meet or exceed performance standards noted m SCAQMD Rule 1113 Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following prowsions• • Re-establish ground cover on the construction site through seeding and watering • Pave or apply gravel to any on-site haul roads • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods i Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction • Suspend grading operations during high winds (i a ,wind speeds exceeding 25 miles per hour) m accordance with Rule 403 regwrements • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWOCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403 7) Chemical soil stabilizers (approved by SCAQMD and RWOCD) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions • 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible ~-' ~U PLANNING COMMISSION RESOLUTION NO 04-54 DRC2003-00770-THARALDSON DEVELOPMENT May 12, 2004 Page 6 g) The construction contractor shall ensure that constriction Grading Plans include a statement that work crews will shut off egwpment when not in use 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) Ail residential and commeraal structures shall be required to incorporate thermal pane windows and weather-stripping Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or presence them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will Enact interim measures to protect undesignated sites from demolition or sigrnficant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to require incorporation of archaeological sites within new developments by using their special qualities as a theme or focal point • Pursue educating the public about the area's archaeological heritage • Propose mitigation measures and recommend conditions of approval to eliminate adverse prolect effects on significant, important, and unique prehistoric resources following appropriate CEQA gwdelines • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the prolect area Submit one copy of the completed report with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving 2) A qualified paleontologist shall conduct a preconstruction field survey of the prolect site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further . mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures ~~ ~ ~ - ~~' PLANNING COMMISSION RESOLUTION NO 04-54 • DRC2003-00770 - THARALDSON DEVELOPMENT May 12, 2004 Page 7 Assign a paleontological monitor, trained and egwpped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to the San Bernardino County Museum Geology and Sods i) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RW OCB) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM~o emissions from the site during such episodes 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions Water Quality 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete, lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins 2) Prior to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Plan that identifies Best Management Practices (BMPs) to be implemented during the period the site is under construction BMPs shall be identified on the Grading . Plans for review and approval by the City Engineer 3) Developer shall implement all non-structural and routine structural BMPs that will be used on-site to reduce pollutants into the storm drain PLANNING COMMISSION RESOLUTION NO 04-54 • DRC2003-00770-THARALDSON DEVELOPMENT May 12, 2004 Page 8 system to the maximum extent practicable as identified in the WOMP (Tharaldson Development 7, 2003) 4) Prior to issuance of grading or paving permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage underthe National Pollution Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the W aste Discharger's Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit. Noise 1) An acoustical report shall be submitted for City Planner review and approval prior to the issuance of the building permits. The final report shall discuss the level of interior noise attenuation to below 60 CNEL, the bwlding materials and construction techniques provided; and if appropriate, verify the adequacy of the mitigation measures The Bwlding Plans will be checked for conformance with the mitigation . measures contained in the final report. 2) The applicant shall submit certification from an acoustical engineerthat all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Bwlding and Safety Division prior to final occupancy release of the affected hotel rooms 3) During all protect site excavation and grading on site, the protect contractors shall egwp all construction egwpment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards 4) The protect contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the protect site 5) The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the protect site during all protect construction 6) During all protect site construction, the construction contractor shall • limit all construction-related activities that would result in high noise levels to between the hours of 7 00 a m to 7 00 p m on weekdays Only limited construction that would not affect adtacent sensitive uses is permitted on Sundays and government code holidays The Secretary to this Commission shall certify to thye~adoption of this Resolution PLANNING COMMISSION RESOLUTION NO 04-54 DRC2003-00770-THARALDSONDEVELOPMENT May 12, 2004 Page 9 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 i r-1 LJ PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Macias, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Plannng 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 12th day of May 2004, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~, ~ ~/~~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: TENTATIVE PARCEL MAP SUBTPM16300 AND CONDITIONAL USE PERMIT DRC2003-00770 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration fortheabove-listed protect. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1 Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect. 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom • and when compliance will be reported 3 The MMP has been designed to provide focused, yet flexible gwdelines. As momtonng progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the protect The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially sigrnficant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the protect file with the department having the original authority for processing the protect Reports will be avatlable from the City upon request at the following address City of Rancho Cucamonga -Lead Agency , Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 ~ ~ ~ ~~~~ Mitigation Monitoring Program DRC 2003-00770 and SUBTPM16300-THARALDSON DEVELOPMENT May 12, 2004 Page 2 3 Appropriate speaalists will be retained if technical expertise beyond the City staff's is needed, as determined by the protect planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the protect planner 4. The protect planner or responsible City department wdl approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form After each measure is verified for compliance, no further action is required for the specific phase of development 5 All MMP Reporting Forms for an impact issue requiring no further monitoring wdl be signed off as completed by the protect planneror responsible City department at the bottom of the MMP Reporting Form. 6 Unanticipated circumstances may arise regwring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements or additions An MMP Reporting Form wdl be completed by the protect planneror responsible City department and a copy provided to the appropriate design, construction, or operational personnel 7 The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued The protect planneror responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The protect planner or responsible City department has the authority to hold issuance of a business license unttl all mitigation measures are implemented Any conditions (mitigation) that requre monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. In those instances requiring long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the protect site and reporting the monitoring results to the City Said plan shall identify the reporter as an indiwdual qualified to know whether the particular mitigation measure has been implemented The monitonng/reportmg plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of bwlding permits ~~~-/~y MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: CONDITIONAL USE PERMIT DRC2003-00770 and TENTATIVE PARCEL MAP SUBTPM76300 Applicant: THARALDSON DEVELOPMENT Initial Study Prepared by: Douglas Fenn. Associate Planner Date: Aaril 6.2004 • .. • ... _ ...,.~, - i Air Quality : ~,....,,,~sz ~ o a_ ~, s"S"is~ ~.k ` ~ -s i ' ' ~' ~ F ~a~n 4 , tm,-r 't. + l : ;i :u .ua 5+~-'~fu av . ., 5 e s'l . .. v . n All construction egwpment shall be maintained in good CP C . operating condition so as to reduce operational Review of Plans A/C 2/4 emissions Contractor shall ensure that all construction egwpment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City ~ venfication Prior to the issuance of any grading permits, developer CP/CE C Review of Plans C 2 shall submit construction plans to City denoting the proposed schedule and protected egwpment use Construction contractors shall provide evidence that low emission mobile construction egwpment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed bythe SCAQMD as well as City Planning Staff All paints and coatings shall meet or exceed CP C Review of Plans A/C 2/4 performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed performance standards BO B Revew of Plans A/C 2 noted in SCAQMD Rule 1108 All construction egwpment shall comply with SCAQMD CE C Review of Plans A/C 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site CE C Review of Plans A/C 2/4 throw h seedin and waterin ~- '1 1 1 of~ i'~ 1 tl C • Pave or apply gravel to any on-site haul roads CE C Review of Plans A/C 2/4 Phase grading to prevent the susceptibility of large CE C areas to erosion over extended enods of time Review of Plans A/C 2/4 Schedule activities to minimize the amounts of exposed excavated soil dunng and after the end of CE C Review of Plans A/C 2/4 work enods • Dispose of surplus excavated material in accordance with local ordinances and use sound CE C Review of Plans A 4 en ineerin ractices • Sweep streets according to a schedule established CE by the City if silt is carried over to adjacent public C During A 4 thoroughfares or occurs as a result of hauling construction Timing may vary depending upon time of year of construction Suspend grading operations dunng high winds p e , gO/CE C wind speeds exceeding 25 mph) in accordance with Dunng A 4 Rule 403 re wrements construction • Maintain a mirnmum 24-inch freeboard ratio on sods gO/CE C Dunng A 4 I haul trucks or cover payloads using tarps or other suitable means Construction The site shall be treated with water or other ' BO/CE C During A 4 soil-stabilizing agent (approved by SCAQMD and construction RWOCB) daily to reduce PM~oemissions, in accordance with SCAQMD Rule 403 Chemical soil stabilizers (approved by SCAQMD and BO/CE C During A 4 RWOCB) shall be applied to all inactive construction construction areas that remain inactive for 96 hours or more to reduce PM~a emissions The construction contractor shall utilize electric or clean CE C Revew of Plans A/C 4 alternative fuel powered equpment where feasible The construction contractor shall ensure that CE C Review of Plans A/C 2/4 construction-grading plans include a statement that work crews will shut off equipment when not in use All residential and commercial structures shall be BO C/D Review of Plans C 2/4 required to incorporate high efficiency/low polluting heating, air conditioning, appliances and water heaters 2 of 7 .. .. -. -• .. All residential and commercial structures shall be BO C/D Review of Plans C 2/4 regwred to incorporate thermal pane windows and weather-stnppmg Cultural Resources If any prehistoric archaeological resources are CP B/D Review of Plans A/C 2/3 encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated CPBO C Review of A/D 3/4 sites from demolition or significant modification Report without an opportunity for the City to establish its archaeolo ical value I Consider establishing provisions to regwre CPBO C Revew of A/D 3/4 incorporation of archaeological sites within new Report developments, using their special qualities as a theme or focal oint • Pursue educating the public about the area's CPBO C Review of A/D 3/4 archaeological heritage Report Propose mitigation measures and recommend CP/BO C Review of A/D 3/4 conditions of approval to eliminate adverse prolect Report effects on significant, important, and unique prehistoric resources, following appropriate CEQA wdelines • Prepare a technical resources management report, CP C Review of A/D 3/4 documenting the inventory, evaluation, and Report proposed mitigation of resources within the prolect area Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archivin 3of~ a~ Ill .. ... • .. A qualified paleontologist shall conduct a preconstruction CP B Review of A/D 4 field survey of the protect site The paleontologist shall Report submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropnate Where mitigation montorng is appropnate, the program must include, but not be limited to, the followin measures • Assign a paleontological monitor, trained and CP B Review of A!D 4 equipped to allow the rapid removal of fossils with Report minimal construction delay, to the site full-time Burin the interval of earth-disturbin activities Should fossils be found within an area being cleared BO B/C Review of A/D 4 or graded, divert earth-disturbing activities Report elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notif the monitor of the find • Submit summary report to City of Rancho CP D Review of D 3 Cucamonga Transfer collected specimens with a Report copy of the report to San Bernardino County Museum ' Geologic Problems __ The site shall be treated with water or other BO/CE C During A 4 soil-stabilizing agent (approved by SCAOMD and Construction RWOCB) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 Frontage public streets shall be swept according to a CE C Durng A 4 schedule established by the City to reduce PM,o Construction emissions associated with vehicle tracking of sod off-site Timing may vary depending upon time of year of construction Grading operations shall be suspended when wind BO/CE C During A 4 speeds exceed 25 mph to minimize PM,a emissions Construction from the site during such episodes 4 of 7 .. Chemical sod stabilizers (approved by SCAOMD and BO/CE C During A 4 RWQCB) shall be applied to all inactive construction Construction areas that remain inactive for 96 hours or more to reduce PM,p emissions Hydrology and Water Quality , =a'a; s`~~ ~`~T;~~ ~-~ ~ ;' ~~~ ~";~">` ,, r " ~~~'. • Structures to retain precipitation and runoff on-site shall CE B/C/D Review of Plans A/C 2/4 be integrated into the design of the protect where appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins 7 Prior to issuance of grading permits, the applicant shall CE B/C/D Review of Plans A/C 2/4 prepare a SW PPP that identifies BMPs to be implemented during the period the site Is under construction BMPs shall be identified on the grading ` plans for review and approval by the City Engineer Developer shall Implement all non-structural and routine CE B/C/D Review of Plans A/C 2/4 structural Best Management Practices (BMPs) that will be used on-site to reduce pollutants Into the storm drain system to the maximum extent practicable as Identified In the Water Quality Management Plan (Tharaldson Development, November 17, 2003). Prior to Issuance of grading or paving permits, applicant CE B/C/D Review of Plans A/C 2/4 shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollution Discharge elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (I e , a copy of the Waste Dlscharger's Identification Number) shall be submitted to the Clty Engineer for coverage under the NPDES General Construction Permit Noise fa•~;w,. ~,t~~x"',x:~~, _ a.T ,kAn.a _ <G~;,', i ~ $~,,- , 5 of ~ • ~.. L~ • - -~ .. An air conditioning system for all six bwldings proposed CE C Review of Plans AC 2/4 on the protect site An acoustical report shall be submitted for City Planner CE CB Review of Plans AC 2/4 rewew and approval, prior to the issuance of building permits The final report shall discuss the level of interior noise attenuation to below 60 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures The bulding plans will be checked for conformance with the mitigation measures contained in the final report The applicant shall submit certification from an CO C Review of Plans AC 2/4 acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards Certfication shall be submitted to the Bwldmg and Safety Division prior to final occupancy release of the affected homes Dunng all protect site excavation and grading on site, CO C Review of Plans AC 2/4 the protect contractors shall egwp all construction equpment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards The protect contractor shall place all stationary CO C Review of Plans AC 2/4 construction equipment so that emitted noise is directed away from sensitive receptors nearest the protect site The construction contractor shall locate egwpment CB C Review of Plans AC 2/4 staging in areas that will create the greatest distance between construction-related noise sources and noise- sensitive receptors nearest the protect site during all protect construction 6of7 During all protect site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7 00 a m to 7 00 p m on weekdays Only limited construction that would not affect adjacent sensitive uses is permitted on Sundays and government code holidays J Key to Checklist Abbreviations of Plans Res onsible Person -• -~ +r'- P , , . „ , '" `~"°'""" ~"° ~ ~iNonltoiingrequeFrcy'~' _ ~"'~ ~ °~°~g° Met ho dof Veri i att n " °~ ~5anctions j CDD -Community Development Director or A -With Each New „µ ; A - On-site Inspection ;~ - 1 -Withhold Recordation of Final designee Development Map CP -City Planner or designee B -Prior To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Building Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 - Wdhhold Certrficate of Occupancy BO -Building Official or designee D - On Completion D -Separate Submittal (Reports /Studies 4 -Stop Work Order / Plans) PO -Police Captain or designee E -Operating 5 -Retain Deposit or Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 -Citation I \PLANNING\Doug\DRC2003-00213mm checklist doc 7 of ~ • • COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: CONDITIONAL USE PERMIT DRC2003-00770 SUBJECT: HOTEL/RESTAURANTS APPLICANT: THARALDSON DEVELOPMENT LOCATION: NORTH SIDE OF 4TH STREET BETWEEN PITTSBURGH AVENUE AND RICHMOND PLACE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees maybe required by a court to pay as a result of such action The City may, at its sole discretion, partiapate at its own expense rn the defense of any such action but such participation shall not relieve applicant of his obligations under this condition Copies of the signed Planning Commission Resolution of Approval No 04-54, Standard Conditions, 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 constructionlgradmg activities and are not required to be wet sealed/stamped by a licensed EngineerlArchitect B. Time Limits 1 Conditional Use Permit, Variance, or DevelopmenUDesign Review approval shall expire if bwlding permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations SC-1-04 ~ Comole6on Date / / / / / / / / i \plamm~g\final\pingcomm\dre2003-00770cond5-12 doc ~ ~ ~ ~ //~ Protect No DRC2003-00770 Comolellon Dale 2 Prior to any use of the protect site or business activity being commenced thereon, all Conditions _/_/~ of Approval shall be completed to the satisfaction of the City Planner 3 Occupancy of the facilities shall not commence until such time as all Uniform Bullding Cade and _/_/_ State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Flre Protection District and the Building and Safety Dlvlslon to show compliance The buildings shall be inspected for compliance pnor to occupancy 4 Revised site plans and bullding elevations incorporating all Conditions of Approval shall be _/_/_ submitted for City Planner review and approval prior to the issuance of bullding permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for ~_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Communlry or Specific Plans in effect at the time of bullding permit issuance 7 A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the City Planner and Police Department (477-2800) prior to the issuance of bullding permits Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adtacent properties 8 Trash receptacle(s) are required and shall meet City standards The final design, locations, and _/~_ the number of trash receptacles shall be subtect to City Planner review and approval prior to the issuance of building permits ~ 9 All ground-mounted utility appurtenances such as transformers, AC condensers, etc ,shall be _/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single- family residential developments, transformers shall be placed In underground vaults 10 All building numbers and individual units shall be identified In a clear and concise manner, ~_/_ including proper illumination 11 All parkways, open areas, and landscaping shall be permanently maintained by the property ~~_ homeowners' association, or other means acceptable to the City Proof of this landscape owner , maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits D. Shopping Centers 1 The Master Plan is approved In concept only Future development for (each building pad/parcel) _/~_ shall be subtect to separate DevelopmenUDeslgn Review process for Planning Commission approval Modifications to the Shopping Center Master Plan shall be subtect to Planning Commission approval 2 A uniform hardscape and street furniture design including seating benches, trash receptacles, ~-J- free-standing potted plants, bike racks, light bollards, etc ,shall be utilized and be compatible with the architectural style Detailed designs shall be submitted for Planning Division revew and approval prior to the issuance of building permits 3 Provide for the following design features In each trash enclosure, to the satisfaction of the City _/_/_ Planner a Architecturally integrated into the design of (the shopping center/the protect) _!_/_. SC-1-04 2 i \planning\final\pingcomm\dre2003-00770cond doc /~ 1J ~i`/ '3 Project No DRC2003-00770 Completion Date b Separate pedestrian access that does not require the opening of the main doors and to ~-/- include self-closing pedestrian doors c Large enough to accommodate two trash bins -/-/- d Roll-up doors -/-/- e Trash bins with counter-weighted lids -/-/- f Architecturally treated overhead shade trellis -/~- g Chajn link screen on top tc prevent trash from blowing out of the enclosure and designed _/_J- to be hidden from view 4 Graffiti shall be removed within 72 hours ~-/- 5 The entire site shall be kept free from trash and debris at all times and in no event shall trash and -/-/- debris remain for more than 24 hours 6 Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza ~-/- They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof Full samples shall be submitted for City Planner review and approval pnor to the issuance of bulding permits 7 All future building pads shall be seeded and irrigated for erosion control Detailed plans shall be J-/- included mthe landscape and irrigation plans to be submitted for Planning Division approval pnor to the issuance of bwlding permits 8 The lighting fixture design shall compliment the archjtectural program It shall include the plaza ~-/- area lighting fixtures, bulding lighting fixtures (exterior), and parkrng lot lighting fixtures • 9 All future protects within the shopping center shalt be designed to be compatible and consistent -/~- with the architectural program established 10 Any outdoor vendjng machines shall be recessed into the bulding faces and shall not extend into ~-/- the pedestrian walkways The design details shall be reviewed and approved by the City Planner prior to the jssuance of building permits E. Building Design 1 All roof appurtenances, including air conditioners and other roof mounted egwpment and/or -/~_ protections, shall be shjelded from view and the sound buffered from adtacent properties and streets as required by the Planning Division Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner Details shall be included in bulding plans 2 For commercial and industrial protects, paint roll-up doors and service doors to match main -/_J- building colors F. Parking and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long W hen a side of any parking space abuts -/~- a bwlding, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide 2 All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall -/-/_ contain a 12-inch walk adjacent to the parking stall (including curb) SC-1-04 i \plannmg\6nal\pingcomm\dre2003-00770cond doc 3 _ $` ~ '~~y Protect No DRC2003-00770 Comole4on Date 3 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 4 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards 5 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/~_ parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped 6 Motorcycle parking area shall be provided for commercial and office faalltles with 25 or more _/_/_ parking stalls Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent The area for motorcycle parking shall be a minimum of 56 square feet G. Trip Reduction 1 Bicycle storage spaces shall be provided In all commercial, office, industrial, and muttlfamlly ~~_ residential protects of more than 10 units Minimum spaces equal to five percent of the regwred automobile parking spaces or three bicycle storage spaces, whichever is greater After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2 5 percent of the required automobile parking spaces Warehouse dlstnbutlon uses shall provide bicycle storage spaces at a rate of 2 5 percent of the required automobile parking spaces with a minimum of a 3-bike rack In no case shall the total number of bicycle parking spaces required exceed 100 Where this results In a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number 2 Carpool and vanpool designated off-street parking close to the building shall be provided for _/_/~ commercial, office, and industrial facilities at the rate of 10 percent of the total parking area If covered, the vertical clearance shall be no less than 9 feet 3 Transit improvements such as bus shelters, bus pullouts, and bus pads shall be provided Bus ~_/_ shelters shall also include an adtolning bike rack (minimum 3 capacity) on a concrete pad Bus shelter shall be located outside public right-of-way and shall be privately maintained 4 For industrial protects with at least 40 car parking spaces, bicyclist-changing facilities shall be /~_ provided to encourage bicycle commuting Accessible restrooms with storage lockers for clothing and equipment shall be sufficient 5 Shower facilities accessible to both men and women shall be provided for persons walking or ~ /_ bicycling to work for each protect which meets the following thresholds Commercial 250,000 square feet Industrial 325,000 square feet Office 125,000 square feet Hotels and Motels 250 rooms H. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping In ~_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval In the case of a custom lot subdivision 2 Existing trees required to be preserved In place shall be protected with a construction barrier In /_/ accordance with the Municipal Code Section 19 08 110, and so noted on the grading plans The SC-1-04 i i \planning\final\pingcomm\dre2003-00770cond doc `\ ~ ~ _//~ Pro~eci No DRC2003-00770 location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods 3 A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within commercial and office projects, shall be specmen size trees - 24-inch box or larger 4 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls 5 Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building 6 All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting requred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 7 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq ft of slope area 1-gallon or larger size shrub per each 100 sq ft of slope area, and appropriate ground cover In addition, slope banks in excess of 8 feet in vertical height and 2 1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq ft of slope area Trees and shrubs shall be planted ~n staggered clusters to soften and vary slope plane Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 8 For multrfamdy 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 9 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the regwred landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Droision 10 Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is regwred along 4th Street 11 Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer 12 Landscaping and urigation shall be designed to conserve water through the principles of Xeriscape as defined m Chapter 19 16 of the Rancho Cucamonga Municipal Code Signs 1 The signs indicated on the submitted plans are conceptual only and not a part of this approval Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs 2 A Uniform Sign Program for this development shall be submitted for City Planner review and approval prior to issuance of buddino permits SC-1-04 Completion Date / / / / _/~- / / / / / / / / -~~_ ~~- / / / / i ~plannmg\final\pingcommWrc2003-00770cond doc / \ ~ ~~ /// , Protect No DRC2003-00770 Comoletion Date J. Environmental +~ 1 The developer shall provide each prospective buyer written notice of the Fourth Street Rock _/_/_ Crusher protect in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property 2 The developer shall provide each prospective buyer written notice of the City Adopted Special _/_/_ Studies Zone for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property 3 A final acoustical report shall be submitted for City Planner review and approval prior to the ~_/_ issuance of building permits The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the bwldtng materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures The building plans will be checked for conformance with the mitigation measures contained in the final report 4 The appltcant shall submit certification from an acoustical engineer that all recommendations of _/_/_ the acoustical report were Implemented m construction, including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Building 8 Safety Division prior to final occupancy release of the affected homes 5 Mitigation measures are requred for the protect The applicant is responsible for the cost of ~_/_ implementing said measures, including monitoring and reporting Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 719 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit K. Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location _/_/_ of mailboxes Multifamily residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subtect to City Planner review and approval prior to the issuance of budding permits APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE• ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) L. General Requirements 1 Submit five complete sets of plans including the following _/_/_ a Site/Plot Plan, b Foundation Plan, c Floor Plan, d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size i of service entrance conductors, panel schedules, and single line diagrams, SC-1-04 6 i \plannmg\final\pingcomm\dre2003-00770cond doc ~ ~ ~ i // 7 Project No DRC2003-00770 Completion Date f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g Planning Dvision Project Number (i e , DRC2003-00770) identified on the outside of all plans M. Site Development 1 Prior to issuance of building permits for a new commercial or industrial development protect or ~_/_ major addition, the applicant shall pay development fees at the established rate Such fees may include but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall prowde a copy of the school fees receipt to the Bwldmg and Safety Division prior to permits issuance 2 Street addresses shall be provided by the Building and Safety Official after tracUparcel map ~~_ recordation and prior to issuance of building permits 3 Construction actroity shall not occur between the hours of 8 00 p m and 6 30 a m Monday ~~_ through Saturday, with no construction on Sunday or holidays 4 Construct trash enclosure(s) per City Standard (available at the Planning Division's public J_/_ counter) N. New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for requred occupancy separations _/_/_ 3 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC ~_/_ Section 1505 4 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A ~_/_ 5 Openings in exterior walls shall be protected in accordance with CBC Table 5-A _/_/_ 6 Upon tenant improvement plan check submittal, additional regwrements may be needed ~~_ 0. Grading 1 Grading of the subject property shall be in accordance with California Building Code, City Grading _/_/_ Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to ~_/_ perform such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, _/_/_ submitted, and approved by the Bulding and Safety Official prior to the issuance of building permits SC-1-04 7 i\planning\final\pingcomm\dre2003-00770cond doc I \ 11~ J-~ ~//~ Project No DRC2003-00770 Comoletion Date 5 A separate grading plan check submittal is required for all new construction protects and for -/-/~ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Crvd Engineer APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Dedication and Vehicular Access 1 Rights-of-way and easements shall be dedicated to the City for all interior public streets, -/~- community tra~is, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc) shall be reserved as shown on the plans and/or tentative map 2 Dedication shall be made of the following rights-ot-way on the perimeter streets (measured from ~-/- street centerline) 33 total feet on Pittsburgh Avenue -/-/- 3 Corner property line cutoffs shall be dedicated per City Standards -/-J- 4 Reciprocal parking agreements for all parcels and maintenance agreements ensuring Point ' ~/- s or maintenance of all common roads, drives, or parking areas shall be provided by CC & R deeds and shall be recorded prior to, or concurrent with, the final parcel map 5 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or -/-/~ noted on the final map 6 All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the -/~- final map 7 Easements for public sidewalks and/or street trees placed outside the public right-of-wayshall be ~-/- dedicated to the City 8 Additional street right-of-way shall be dedicated along right turn lanes/busbay, to prowde a -/-/- minimum of 7 feet measured from the face of curbs Q. Street Improvements 1 All public improvements (interior streets, drainage facilities, commumtytrails, 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 2 Pursuant to City Council Resolution No 88-557, no person shall make connections from asource -/.~- of energy, fuel or power to any building service equipment 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 regwred by these conditions of development approval have been completed and accepted by the City Council, except that in developments containing more than one bwlding or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as regwred by conditions of approval of development In no case shall more than 95 percent of the buildings or wred b e t y g s r units be connected to energy prior to completion and acceptance of all improvemen these conditions of approval of development SC-1-04 i \planrnng\6nal\pingcomm\dre2003-00770cond doc ~~ ~ ~ -~/`y Proiecl No DRC2003-00770 Completion Date Construct the following perimeter street Improvements Including, but not limited to Street Name Curb & Gutter AC Pvmt Sde- walk Onve Appr. Street Lights Street Trees Comm Treil Median Island Bike Trafl Other 4th Street C X X X X Pittsburgh Avenue X X X Richmond Avenue X X X Mission Vista Drive X X X Notes (a) Median Island Includes landscaping and irrigation on meter c) If so marked, sidewalk shall be curvilinear per Standard 114 Improvement Plans and Construction a Street Improvement plans, Including street trees, street Ilghts, and intersection safety Ilghts on future signal poles, and traffic slgnal plans shall be prepared by a registered CIVII Engineer and shall be submitted to and approved by the CIry Englneer Securlry shall be posted and an agreement executed to the satisfaction of the CIry Engineer and the Clty Attorney guaranteeing completion of the publlc 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 publlc right-of-way, fees shall be paid and a construction permit shall be obtained from the Clty Engineer's Office In addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be Installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be Installed with any new construction or reconstruction project along major or secondary streets and at Intersections for future trafflc 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 Clty Englneer 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 CIry Engineer 2) Conduit shall be 3-Inch galvanized steel with pull rope or as specified e Handicapped access ramps shall be Installed on all corners of Intersections per Clty Standards or as directed by the Clty Engineer f Existing Clty roads requiring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permlts 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 satlsfactlon of the CIry Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to Clty Standards, except for single family residential lots h Street names shall be approved by the Clty Planner prior to submittal for first plan check 5 Provide a minimum of 3-Inch conduit for future fiber optic use on 4th Street with connection through the parkway to each lot or parcel (fiber-to-the curb, FTTC) The size, placement, and location of the condwt shall be shown on the Street Improvement Plans and subject to City Engineer review and approval pnor to issuance of building permits or final map approval, whichever comes first SC-1-04 9 i \planning\final\pingcomm\dre2003-00770cond doc ~ ~ ~ ~ /p~ -~- ~~- -~-~- -~-~- ~-~- ~-~- ~-~- -~-~- -~-~- Protect No DRC2003-00770 Completion Date Street trees, a minimum of 15-gallon size or larger, shall be Installed per City Standards in accordance with the Citys street tree program Install street trees per City street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street Improvement plans shall Include a line Item within the construction legend stating "Street trees shall be installed per the notes and lengend" Where public landscape plans are required, tree Installation in those areas shall be per the public landscape Improvement plans The City Engineer reserves the right to adjust tree species based upon field conditions and other variables For additional Information, contact the Project Engineer Min Grow Street Name Botanical Name Common Name Space Spaeing Size nty. Mission Vista Magnolia granditlora NCN 3' 20' O C 15 Gal Fill Drive 'St Mar\/ in Pittsburgh Ave. Melaleuca linariifolia Flaxleaf Paperbark 5' 30' O C 15 Gal Richmond Place Brachychiton Bottle Tree 5' 25' O C 15 Gal populneus 4th Street Foreground trees Platanus acenfolia London Plane Tree 8' 30' Max 15 Gal Approximately 60% Informal Background Trees Pinus cananensis Canary Island Pine 8' 25' Max 15 Gal Informal Approximately 40% 24' Accent Lagerstroemia indica Crape Myrtle 3' 20' Max Box Desion Notes 1) Street trees on new streets are to be selected from the City's approved street tree Ilst, based upon available planting area (typically between back -of-curb and the sidewalk) Established streets should already have designated tree species Contact the Engineering Division, landscape section at (909) 477-2740 for additional Information 2) Street trees are to be shown on street or other public improvement plans signed by the Clty Engineer and constructed per the same- 3) Street trees shown on Planning Division submittals are conceptual only 4) Interior streets will be required to select deciduous trees for east-west streets and evergreen trees for north-south streets from the City's approved street tree Ilst Wlnd- prone areas may be required to utilize a more deciduous palette 5) Indicated spacings and sizes are requirements for Clty-maintained trees only Where the tree concept goes beyond areas of Influence near public Improvements and/or any city maintenance easement, spacings and sizes will be per the on-site plans approved by the Planning Division On-site and off-site plans shall be coordinated 6) Street Improvement plans shall reflect the legend and notes Indicated below In some cases, when details about parkway sizes or utilities are unavailable at the time of conditioning, options are provided for various situations It is the designer's responsibility to ascertain the context of the tree planting, select the appropriate tree option, and omit any erroneous information on the final legend 7) Street improvement plans shall reflect a line item within the construction legend to state Street trees shall be installed per the notes and legend on Sheet 1 _/_/~ SC-1-04 i \planning\final\pingcomm\dre2003-00770cond doc 10 11 ~ ~ ~ /~! Project No DRC2003-00770 Completion Date _/-/- Construction Notes for Street Trees 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may regwre backfill sod amendments, as determined by the City inspector 3) All street trees are subtect to inspection and acceptance by the Engineering Division 4) Street trees are to be planted per public improvement plans only S Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy On collector or larger streets, lines of sight shall be plotted for all protect intersections, including driveways Local residential street intersections and commercial or industrial driveways may have Imes of sight plotted as required R. Public Maintenance Areas • A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Districts shall be fled with the City Engmeer prior to final map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan 4th Street S. Drainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of budding permits, whichever occurs first All drainage facilities shall be installed as regwred by the City Engineer T. Improvement Completion If the regwred public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be regwred for 4th Street, Pittsburgh Avenue, Richmond Avenue and Mission Vista Drive Right turn lanes, drive approaches, street lights, street trees, curbside drain outlets If the regwred public improvements are not completed prior to approval of the final parcel map, an improvement certificate shall be placed upon the final parcel map, stating that they will be completed upon development for Each parcel Right turn lanes, drive approaches, street lights, street trees, curbside dram outlets U. Utilities 2 SC-1-04 Prowde 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 regwred The developer shall be responsible for the relocation of existing utilities as necessary Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CCW D is regwred 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 protects i \planning\fmal\pingcomm\dre2003-00770cond doc 11 ~ ~~~-/~~ -/-/- ~~- -/~- _/~_ -/-/- ~~- -/.~- -/-/- -/~- Project No DRC2003-00770 Completion Date 4 Approvals have not been secured from all utilities and other interested agenaes involved _/_/~ Approval of the final parcel map will be subtect to any regwrements that may be received from them V. General Requirements and Approvals 1 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all _/_/_ new streetlights for the first six months of operation, prior to final map approval or pnor to bwlding permit issuance if no map is involved 2 Pnor to the issuance of bwldmg permits, a Diversion DeposR and related administrative fees shall _/_/_ be paid for the Construction and Demolition Diversion Program The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submtted to the Engineering Diwsion when the fast building permit application is submitted to Bwlding and Safety Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition protect. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: W. Security Lighting 1 All parking, common, and storage areas shall have minimum maintained 1-foot candle power ~~_ These areas should be lighted from sunset to sunnse and on photo sensored cell 2 All bwldings shall have minimal security lighting to eliminate dark areas around the bwidings, wRh _/~~ direct lighting to be provided by all entryways Ughting shall be consistent around the entire development 3 L~ghung m extenor areas shall be in vandal-resistant fixtures .~~- X. Security Hardware 1 A secondary locking device shall be installed on all sliding glass doors ~-/- 2 One-inch single cylinder dead bolts shall be installed on all entrance doors If windows are within _/~_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used 3 All garage or rolling doors shall have slide bolts or some type of secondary locking devices ~~- Y. Windows 1 All sliding glass windows shall have secondary locking devices and should not be able to be Irfted _/_/_ from frame or track in any manner Z. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/~- wsibility 2 Developer shall paint roof top numbers on one or more roofs of this development They shall be _/~- a minimum of three feet m length and two feet in width and of contrasting color to background t The stencils for this purpose are on loan at the Rancho Cucamonga Police Departmen SC-1-04 12 i \planning\final\pingcomm\dre2003-00770cond doc I \ ~ ~~ /~~ Project No DRC2003-00770 Comoletion Date AA. Alarm Systems 1 Install a burglar alarm system and a panic alarm if needed Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives 2 Alarm companies shall be provided with the 24-hour Sheriff's dispatch number (909) 941-1488 APPLICANT SHALL CONTACTTHE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • Sal-oa 13 i \planning\final\pingcomm\dre2003-00770cond doc \ ~"' ~ i/~ / ~~- / / RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS Apn126, 2004 Tharaldson Development Ivfiss~on Ave & Pittsburgh PM 16300 Hotel, Retail & Restaurant Development DRC2003-00770 & SUTPM16300 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. Fire Department access was approved based on an alternative method, which requires that the 4 story Buildings be equipped with a Full NFPA 13 system (not NFPA 13R) throughout. Standpipes are required at each floor in the stairways. The sprinkler heads must be of a quick response type (QR). The fire sprinkler system shall be electronically supervised. A water flow alarm and a shutoff valve shall be installed at each floor the signals shall be addressable. The small room rule may not exceed 500 square feet. Please reference . RCFPD Ordinance 39 for the specific requirements of the sprinkler system for Low Rise buildings. The fire alarm system must be in accordance to the 2001 CFC section 1006.2.9. A fire pump or pumps maybe required to deliver the necessary water supply to the buildings sprinkler system. FSC-1 Public and Private Water Supply Design guidelines for Fire Hydrants The following provides design gwdelmes for the spacing and location of fire hydrants a The maximum distance between fire hydrants m commerc~al/mdustnal protects is 300- fee[ No portion of the extenor wall shall be located more than 150-feet from an approved fire hydrant. For cut-de-sacs, the distance shall not exceed 100-feet b Fire hydrants are to be located The preferred locations for fire hydrants are 1 At the entrance(s) to a commercial, mdustnal or res~dent~al project from the public roadways 2 At intersections 3 On the nght side of the street, whenever practical and possible 4 As required by the Fire Safety Drv~s~on to meet operational needs of the Fire D~stnct 5 A rrnmmum of forty-feet (40') from any butldmg f If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the extenor of the factltty or butldmg, additional pnvate or public fire hydrants and mains capable of supplying the required • fire flow shall be provided g Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof FSC-2 Fire Flow '/~~ 1 The regmred minimum fire flow for this protect, when automatic fue sprinklers are installed is 3625 gallons per minute at a minimum residual pressure of 20-pounds per squaze inch This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system m accordance with NFPA 13 with central station monitoring This requirement is made m accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances 2 Public fire hydrants located within a 500-foot radius of the proposed protect may be used to provide [he regwred fire flow subject to Fire District review and approval Private fire hydrants on adjacent property shall not be used to provide regmred fire flow 3 Fire protection water plans are required for all protects that must extend the existing water supply to or onto the site Building permits will not be issued until fire protection water plans are approved. 4 On all site plans to be submitted for review, show all fire hydrants located wrthm 600-feet of the proposed protect site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1 Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system undergound supply piping Approval of the underground supply piping system must be obtaned prior to submitting the overhead fire sprinkler system plans FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire Distract Ordinance 15, the 2001 California Fire Code and/or any other applicable standards regwre an approved automatic fire sprinkler system to be installed m 1 Commercial or industrial structures greater than 7,500 square feet 2 Hotels greater than 2 stones and containing 6 or more guest rooms 3 "All structures that do not meet Fire District access requirements (see Fire Access). 4 When required fire flow cannot be provided due to inadequate volume or pressure. 5 When buildings do not meet the requirements of the 2001 Cahfomia Building Code and the RCFPD Ftre Department Access -Fire Lane Standard 9-7 6 When any applicable code or standard requires the structure to be spnnklered FSC-5 Fire Alarm System Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Ftre Alarm Standard #10-6 and the California Fire Code for fire alarm regmrements for these buildings Prior to any installation, removal, remodel, modification and/or additions to the building fire alarm system, Fire Construction Services' approval and a building permit must be obtained Plans and specifications shall be subrmtted to Ftre Construction Services m accordance with RCFPD Fire Alarm Standard #10-6 Based on the number of sprinkler heads, the sprinkler system is required to monitored by a listed central station fire alarm system FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes Please reference the RCFPD Fire Department Access -Fire Lanes Standard #F191 10 200 1 Location of Access All portions of the structures 15` story exterior wall shall be located within 150-feet of Fire Distract vehicle access, measure on an approved route around the 2 ~ ~ ~ -%~~ exterior of the building Landscaped areas, unpaved changes in elevation, gates and fences . are deemed obstructions 2 Specifications for private Fire District access roadways per the RCFPD Standards are a The minimum unobstructed width is 26-feet b The maximum ms~de turn radins shall be 20-feet c The rmmmum outside tum radius shall be 46-feet d The rruntmum radius for cul-de-sacs is 45-feet e The rmmmum vertical clearance is 14-feet, 6-inches f A[ any private entry median, the rmmmum width of traffic lanes shall be 20-feet on each stde g. The angle of departure and approach shall not exceed 9-degrees or 20 percent h. The maximum grade of the driving surface shall not exceed 12% ~ Support a rmmmum load of 70,000 pounds gross vehicle weight (GVW) ~ Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a rmnrmum of 14-feet, 6-rches from the ground up Vegetation shall not be allowed to obstruct Fire Department apparatus. 3 Access Doorways• Approved doorways, accessible without the use of a ladder, shall be provided as follows a. In buildings without htgh-pled storage, access shall be provided m accordance with the 2001 Cal~fom~a Bmldmg Code, Fire and/or any other applicable standards 4 Access Walkways Hazdscaped access walkways shall be provided from the fire appazatus access road to all regmred building exterior openings 5 Commercial Gates Any gate installed across a Fire Department access road shall be m accordance with Fire D~stnct Standazd #9-2 The following design requirements apply a. The gate shall be motorized and slide open horizontally or swing inward b All gates must open at the rate of one second for each one-foot of required width c When fully open, the rmmmum w~d[h shall be 20-feet d. Gates are not required to be motorized. 6 Fire Lane Identification Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the nummum Fire D~stnct standazds shall be included m the architectural plans subrrutted to B&S for approval 7 Approved Fire Department Access: Any approved rmtigation measures must be clearly noted on the site plan A copy of the approved Altemahve Method application, rf applicable, must be reproduced on the architectural plans subtrutted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code penmts commonly associated with the business operations and/or buildrg construction Plan check subrmttal ~s required with the pernut application for approval of the pemvt, field inspection ~s regwred prior to penrut issuance General Use Perrrut shall be regmred for any actrvrty or operation not specifically described below, which m the judgment of [he Fire Chef ~s likely to produce condrt~ons that may be hazazdous to life or property • Candles and open flames m public assemblies • Compressed Gases • LPG or Gas Fuel Vehicles m Assembly Buildings Public Assemblies FSC-11 Hazardous Materials -Submittal to the County of San Bernardino u ~' E~/~7 The San Bernardino County Fue Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards Contact the San Bemardino County Fire, Hazardous Matenals Drv~s~on at (909) 387-4631 for forms and assistance The County Fire Department is the Cal/EPA Certified Unified Progam Agency (CUPA) for the City of Rancho Cucamonga 1 If the facility ~s a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department revrews your Business Emergency/Contingency Plan California Government Code, Section 65850.2 proh~brts the City from ~ssumg a final Certificate of Occupancy unless the applicant has met or ~s meeting specific hazardous matenals disclosure requirements A Rrsk Management Program (RMP) may also be required if regulation substances aze to be used or stored at the new facrhty 2 Any business that operates on rented or leased property which ~s required to subrnit a Plan, ~s also required to subrrut a notice to the owner of the property m venting stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions The tenant must provide a copy of the Plan to the property owner w~thm five (5) worlnng days, if requested by the owner. FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be subrmtted and approved pnor to construction of buildings and/or the installation of egmpment designed to store, use or dispense hazardous matenals m accordance wrth the 2001 Cahfom~a Building, Fue, Mechanical, Plumbing, Electncal Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards FSC-13 Alternate Method Application Fue Construction Services staff and the Fire Marshal will review all requests for alternate method, when subrmtted The request must be subrmtted on the Fue Drstnct "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1 Reciprocal Access Agreement The plan as subrnitted md~cate that the required Fire Department access a. Is located on property which ~s not under the control of the applicant, or b. Crosses a property line, or c Is shared by multiple owners, or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fue D~stnct The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fue D~stnct approval. The recorded agreement shall include a copy of the site plan The agreement shall be presented to Fire Construction Services for review and approval, pnor to recordation The ageement shall be recorded with the Recorder's Office, County of San Bernardino To assist Fire Construction Services m reviewing the agreement the following shall be included m the subrmttal a. The current tale reports to provide a legal descnphon and proof of ownership for all properties included m the agreement b. The assessor's parcel numbers of each parcel subject to the agreement ~~ ~ ~~/~ c A scaled site plan showing the path of the Fue Distnct access, the width, tam radu and slope of roadway surface shall be provided The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7 2. Reciprocal Water Covenant and Agreement The plans as subrnitted indicate that a required pnvate fire mains or appurtenances a. Pass through or are located on property not under the control of the applicant, or b Crosses a property Ime, or c Provide service to adjacent properties, or d. Is located on common space under the control of an owner's association, or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the pnvate water mans, fire hydrants and fire protection equipment essential to the water supply The agreement shall meet the form and content approved by the Rancho Cucamonga Fire D~stnct The agreement shall be subrmtted to Fire Construction Services for review and approval, pnor to recordation The agreement shall be recorded within the Recorder's Office, County of San Bernazdmo Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1 Private Water Supply (Fire) Systems The applicant shall subrmt construction plans, specrfications, flow test data and calculations for the pnvate water main system for review and approval by the Fire D~stnct Plans and installation shall comply with Fire Distract Standazds. Approval of the on-site (pnvate) fire underground and water plans ~s required pnor to any building perrrut issuance for any structure on the site Pnvate on-site combination domestic and fire supply system must be designed m accordance with RCFPD Standazds # 9-4, #10-2 and #10-4 The Bu~ldmg & Safety Dw~sion and Fire Construction Services will perform plan checks and inspections All pnvate on-site fire hydrants shall be installed, flushed and operable pnor to delrvenng any combustible frarning matenals to the site Fire construction Servrces will inspect the installation, witness hydrant flushing and grant a clearance before lumber ~s dropped 2. Public Water Supply (Domestic/Fire) Systems The applicant shall subrrut a plan showing the locations of all new public fire hydrants for the review and approval by the Fire D~stnct and CCWD On the plan, show all existing fire hydrants within a 600-foot radds of the project All required public fire hydrants shall be installed, flushed and operable pnor to dehvenng any combustible frarning matenals to the site CCWD personnel shall inspect the installation and witness the hydrant flushing Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD Fire Construction Services must grant a clearance before lumber ~s dropped 3 Construction Access The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7 All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road 4. Fire Flow A current fire flow letter from CCWD must be received The applicant ~s responsible for obtaining the fire flow infonnahon from CCWD and subrmttmg the letter to Fire Construction Services 5. Easements and Reciprocal Agreements All easements and agreements must be recorded with the County of San Bernardino PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed m accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures" PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1 Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway m accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers" On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location 2. Private Fire Hydrants For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services venf}nng the fire flow avazlable The fire flow available must meet or exceed the regmred &re flow m accordance with the California Fire Code 3. Fire Sprinkler System. Prior to the issuance of a Certificate of Occupancy, [he fire sprinkler system(s) shall be tested and accepted by Fire Construction Services 4. Fire Sprinkler Monitoring Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power) 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or egmpment is placed m service 6 Fire Alarm System Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services 7. Access Control Gates Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted m accordance with RCFPD Standazds #9-1 or t#9-2 by Fire Construction Services. 8 Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit pazking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways 9 Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi,-family buildings shall post the address with rriimmum 8-inch numbers on contrasting background, visible from the street and electrically illuminated dunng periods of dazkness When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch rmmmum number address shall be provided at the property entrance Larger address numbers will be required on buildings located on wide streets or built with large setbacks mmulti-tenant commercial and mdustnal buildings The smte designation numbers and/or letters shall be provided on the front and back of all smtes 10 Hazardous Materials Pnor to the issuance of a Certificate of Occupancy, the apphcant must demonstrate (in venting from the County) that the facility has met or ~s meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernazdmo County Fire Department, Hazazdous Matenals/EmergencyRwponse and Enforcement Dw~sion The apphcant must also obtain inspection and acceptance by Fire Construction Services 11. Confidential Business Occupancy Information The apphcant shall complete the Rancho Cucamonga Fire Distnct "Confidential Business Occupancy Information" form This form provides contact information for Fue Distnct use m the event of an emergency a[ the subject building or property. This form must be presented to the Frre Construction Sernces Inspector 12. Mapping Site Plan. Pnor to the tssuance of a Certtficate of Occupancy, a 8'/z" x 11" or 11" x 17 site plan of the srte m accordance with RCFPD Standard #13-1 shall be revised by the apphcant to reflect the actual location of all devices and building features as regmred m the standazd The site plan must be reviewed and accepted by the Fire Inspector ~~ L~ CITY O F 303 EAST "B" STREET, CIVIC CENTER ONTARIO GARYC OVITT MAVOR PAULS LEON MAYOR PROTEM ALAN D WAPNER GERALD A DuB01S DEBORAHS ACKER COUNCIL MEMBERS Crty of Rancho Cucamonga Planning Department Attn Mr Doug Fenn 10500 CLV1c Center Drive P O Box 807 Rancho Cucamonga, Cahforrua 91729 O N TARI O CALIFORNIA 91764-4196 (909) 395-2000 FAX (909) 395-2070 GREGORY C DEVEREAUX GTV MANAGER C~T. MARY E WIRTES, MMC ~'// `'~~11 LITY CLERK May 6, ZOOS F'1ry/11/C~~~/~ (,'UGC JAMES R MILHISER I ~~L ~ ~ll~U~~i~~ TREASURER ~, RE: Notice of Intent to Adopt a Negative Declaration for Development Review No. DRC2003-00770 and Tentative Parcel Map SUBTPM16300 (Tharaldson Development) Deaz Mr Fenn, Thank you for allowing the Crty of Ontario Planning Department an opportunity to review and comment on the above referenced project Although we do not object to the proposed project as presented, we ask that the following mformatlon be provlded/mcorporated into the document/project, m order to mitigate project impacts • All work m the City of Ontazlo's Fourth Street right-of--way w111 require encroachment permits from Ontazlo's Engineering Department, which must be obtained prior to start of such work • The City of Ontario Engineering Department should be consulted on the warrants. design and construction of the Richmond at Fourth Street traffic signal D-~ Mr Doug Fenn May 6, 2004 Page 2 We appreciate being involved m the review of the protect and look forward to continued cornmumcarions regarding ~t Please keep us abreast of all proposed changes concerning the overall protect If you have any questions regarding our comments, please contact me at (909) 395-2199, or Richard Ayala, Senior Planner, at (909) 395-2421 Sincerely, n T~ ~~~ / ~ ~ ; Jerry L -' urft ' 'Planning Director JLB/RA/rb cc Otto Krout~l Lows Abi-Younes Tom Danna j /__ ~J t h e c i t y o f Rancho Cucamonga Staff Report DATE May 12, 2004 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Douglas Fenn, MPA, Associate Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00866 - PANATTONI DEVELOPMENT -The development of 4 one-story concrete Ult-up industrial buildings ranging from 18,270 square feet to 236,440 square feet for a total of 303,580 square feet on 12 91 acres of land in the General Industnal District (Subarea 8), located at the southeast comer of Arrow Route and Rochester Avenue in the "Watson I-15 Business Center' - APN 0229-121-37 and 39 thru 41, 43, and 44 PROJECT AND SITE DESCRIPTION A Surroundno Land Use and Zornno North - Vacant, General Industnal (Subarea 8) South - Industnal buildings, General Industnal (Subarea 8) East - Vacant, General Industnal (Subarea 8) West - Across Rochester Avenue Industnal center, Heavy Industnal (Subarea 9) B General Plan Desionations Protect Site -General Industnal North - Generallndustnal South - General Industnal East - Generallndustnal West - Heavy Industnal C Site Characteristics These in-fill sites are located at the southeast corner of Arrow Route and RochesterAvenue These sites are the last remaining vacant parcels within the existing "Watson I-15 Business Center" industrial complex These sites were rough graded during construction of the surrounding industrial complex To the north across Arrow Route is vacant land To the east is vacant land and to the south are Industnal bwldings. Across Rochester Avenue to the west is an Industnal center The land slopes to the south with a fall of 17 feet D Parking Calculations The total regwred parking for the protect is 206 stalls with a total 228 . proposed parking stalls In addition to the above parking requirements, one semi-trailer parking space is regwred for each dock-high door The protect is in conformance with the required ratio of truck stalls Item F PLANNING COMMISSION STAFF REPORT DRC2003-00866 - PANATTONI DEVELOPMENT May 12, 2004 • Page 2 ANALYSIS A General The buildings are rectangular shaped which is conduave for the intended use Access into the project site exists from Rochester Avenue and Arrow Route Additionally, the applicant has provided an outdooremployees' area foreach building with covered trellises The buildings have a diverse and nch amount of 360-degree architectural elements The buildings have nch detail at the primary entry points but the remaining portions of the building are lacking in detail The building will have recessed bronze reflective glazing and sandblasted concrete with a multi color paint scheme Over each prmary entryway is a metal canopy B Design Review Committee The Committee (McPhail, Stewart, Fong) reviewed the project on February 17, and March 2, 2004, and recommended approval of the protect to the Planning Commission (Exhibit "E") C Technical and Grading Review Committees The Committees reviewed the protect and recommended approval subject to the conditions outlined in the attached Draft Resolution of Approval D Environmental Assessment The applicant completed Part I of the Initial Study Staff completed Part II of the Initial Study and found that there could be a significant adverse environmental impact on short-term air quality dunng site preparation Such impacts would be caused by grading and equipment exhaust Mitigation measures will be regwred to reduce the short-term air quality impact to aless-than-significant impact If the Planning Commission concurs, then issuance of a Mitigated Negative Declaration would be in order. 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DESIGN REVIEW COMMENTS 7 20 P M Doug Fenn February 17, 2004 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00866 - PANATTONI DEVELOPMENT -The development of four one-story concrete tilt-up mdustnal bwldmgs ranging from 18,270 square feet to 236,440 square feet for a total of 303,580 square feet on 12 91 acres of land m the General Industrial Distnct (Subarea 8), located at the southeast comer of Arrow Route and Rochester Avenue, "Watson I-15 Business Center" - APN 0229-121-37 and 39, 40 and 41, and 43 and 44 Desion Parameters This mfill site is located at the southeast comer of Arrow Route and Rochester Avenue The site is the last remaining vacant parcel within the existing "Watson I-15 Business Center" mdustnal complex The site was rough graded dunng construction of the surrounding industrial complex To the north, across Arrow Route, is vacant land To the east is vacant land, to the south are mdustnal bwldmgs, and across RochesterAvenue, to the west, is an mdustnal center The land slopes to the south with a fall of 17 feet The infill mdustnal development contains four single-story mdustnal warehouse buildings, which range in size from 236,440 square feet to 18,270 square feet The bwldmgs are rectangular shaped, which is conduave for the intended use Access into the protect site will be off of • Rochester Avenue, and Arrow Route is via Santa Anita Avenue Additionally, the applicant has provided an outdoor employees' area for each bwlding with covered trellises The bwldmgs have a minimal amount of 360-degree architectural elements The bwldmgs do have nch detail at the pnmary entry points, but the remaining portions of the bwlding are lacking the details The bwldmg will have recessed bronze reflective glazing, and sandblasted concrete, with a multi color paint scheme Over each pnmary entry way is a metal canopy Staff Comments The following comments are intended to provide an outline for Committee discussion Major Issues The following broad design issues will be the focus of Committee discussion regarding this protect 1 Site Plan -Those truck trailer storage spaces proposed m a "parallel parking" arrangement are impractical because of the lack of space for fuming movement For example, the back-to-back spaces along the south side of Bwldings C and D have trash enclosures at each end The space at the southeast comer of Bwlding F has landscape planters at each end 2 Screening -The 9-foot screen wall for Building A is insufficient to screen trucks from Rochester Avenue Typically, the City regwres a 14-foot high screen wall by berming on the street side and/or depressing the grades of truck loading/storage area by 6 to 8 feet 3 Architecture -Additional sandblasted concrete needs to be added on all sides of the bwldmgs and additional attention should be addressed at secondary entryways, especiailyfor Buildings A, C, and D, which front Rochester Avenue and Arrow Route • 4 Provide decorative paving at all entryways into the protect site DRC ACTION COMMENTS DRC2003-00866 - PANATONNI DEVELOPMENT • February 17, 2004 Page 2 Secondary Issues Once all of the mator issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues No extenor downspouts are to be visible on any of the buildings Landscaping should surround the trash enclosures Parapets are to be high enough so as to screen all roof mounted egwpment The warehouse areas of the bulding do not appear to have sufficient parapet to screen any HVAC units Transformers should be screed by decorative concrete tdt-up wall Policy Issues The following items are a matter of Planning Commission policy and should be Incorporated into the protect design without discussion Paint roll-up doors to match the building elevations Staff Recommendation Staff recommends redesign of the protect and refum before the Committee as a Consent Calendar item • Design Review Committee Action. Members Present Cnstine McPhail, Pam Stewart, Nancy Fong Staff Planner Doug Fenn At the meeting, the applicant provided some changes to the elevations on Buddmgs "A," "C,"and "D," which front Rochester Avenue and Arrow Route m an attempt to address the design issues The Committee reviewed the revised changes and recommended that stronger elevations enhancement were needed The Committee directed the applicant to work with staff on the following issues and bang the item back as consent calendar item 1 Further enhancement for Building "A" as it fronts on Rochester Avenue The Committee suggested that the pop out elements should come out at least 3 feet and that more sandblasting was needed 2 The Committee did not approve the relocation of the truck trailer storage for Bwldmg "D" as shown by the applicant at the meeting 3 The Committee was satisfied with the height of the screen wall along Rochester Avenue 4 The Committee regwred further enhancement to the existing scored pattern exposed aggregate entryways n U ~~/~ • DESIGN REVIEW COMMENTS 7 10 p m Doug Fenn March 2, 2004 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00866 - PANATTONI DEVELOPMENT -The development of four one-story concrete tilt-up industrial bwldings ranging from 18,270 square feet to 236,440 square feet for a total of 303,580 square feet on 12 91 acres of land in the General Industrial District (Subarea 8), located at the southeast comer of Arrow Route and Rochester Avenue, "Watson I-15 Business Center" - APN 0229-121-37, 39, 40, 41, 43, and 44 PLANS WILL BE AVAILABLE AT THE MEETING Desinn Review Committee Action: Members Present Cristine McPhail, Pam Stewart, Nancy Fong Staff Planner Doug Fenn At the meeting, the applicant showed the revised Site Plan and elevations to address the design issues raised at the February 17, 2004, meeting The revised site plan shows color treatment to the entry driveways and the truck trailer parking spaces were relocated to an acceptable area The revised elevations showed two feet pop-outs and with sandblasting for Building "A " The applicant also stated in the meeting that all down spouts for all buildings are interior except for the south elevation of Building "A " The Committee reviewed the revised plans and recommended approval subjected to the following conditions 1 • Additional pop-out at each ends of the east and south elevations for Bwldings "C," "D;' and "F " 2 Height of parapet wall for all buildings shall be high enough to screen all roof equipment or protections The applicant shall prowde detailed plans for City Planner review and approval prior to issuance of building permits 3 The applicant shall submit revised development packages for staff review of consistency with Design Review Committee's recommendation prior to scheduling for Planning Commission review and/or City Planner review • /Lr l l 1 City of Rancho Cucamonga Planning Omsron Isosl an-2~so '~ RaNGHO CUCAMGh sEP 02 2003 RECEIVED - PLANN)NG ENVIRONMENTAL. INFORMATION FORM (Part I -Initial Study) INCOMPLETE APPLICATIONS W1LL NOT BE PROCESSED. Please note that if rs the responsrbrllty o/ the applicant to ensure that the appl~cabon rs complete at the bins of submittal, City staff will not be evadable to peAorm work required to provide mrssrng rn/ormabon Appbcabon Number for the project to which this form ~.j~ ~ ~ ~rY~P/~ pertains fit'` ~~U'eTP • Pro/ect Title Arrow & Rochester Name & Address of protect owner(s) Arrow & Rochester JP/PI, LLC 19600 Fairchild Rd., Ste. 285 Irvine, CA 92612 Name & Address of developer or probed sponsor 19600 Fairchild Rd., Ste. 285 Irvine, CA 92612 Contact Person 8 Address Jackson Smith Panattoni Development Co., LLC 19600 Fairchild Rd., Ste. 285 Irvine, CA 92612 • Panattoni Development Co., LLC 11 ~~I • Name & Address of person preparing this form (d ddferent from above) Same as above Telephone 949-474-7830 Number '1) Provide a full scale (8.1/2 x 17) copy of the USGS Quadrant Sheet(s) which mdudes the project sde, end mdicete the sde boundaries 2) Provide a set of color photographs which show representative views into the site from the north, south, east and west, views into and hom the site /rom the primary access points which serve the sde, and representative wows of s~gnfftcant features from the sde Indude a map showing /ocatron of each photograph 3) Proled Location (describe). r 1 L~ w 229-121-41, 229-121-43, 229-121-40, 229-121-37, 229-121-44, and 229-121-39 Southeast Corner of Arrow & Rochester 4) Assessor=s Parcel Numbers (attach addfional sheet N necessary) •5) Gross Site Ala (adsq ft )' 12.91 acres / 5 6 2, 3 6 0 s f ~6) Net Srte Ama (total sle sae minus area of public streets & proposed dedlcabons). 12.91 acre s 7)Descnbe any proposed general plan amendment orzone change which would affect the proled site (attach add~bonal sheet d necessary N/A Infomtabon md~cated by asterisk (') ~s not requued of nonoonsbuctfon CUPgs unless otherwise requested by sfaft 8J Include a descnpbon of all permits which wd/ be necessary /rom the Crty of Rancho Cucamonga and other governmental • agenaes rn order to fully implement the protect The project will require grading and building permits. The ro_lect will also require tenant improvement permits and ultimately a permit for tenant occupancy. 9JDescnbe the physical setting o/the site as rt exists before the pm/ed including rnformabon on topography, soft stabr7rty, plants and animals, matu2 trees, trails and roads, drainage crourses, and scenic aspecs Descnbe any ewsbng sbudwes on site (mdudmg age and condition) and the use of the sbudures Attach photographs of srgnficant features descnbed In addition, site all sources o/rnformabon (~ e, geological and/orhydro%grc studies, biotic and archeological surveys, balfic stud~esJ The proposed pr o,7ect is to construct four (4) one-story concrete tilt-up buildings, totalling 303,580 sq. ft. The end-users will be commercial/warehouse type companies. The buildings will be designed for a total of five (5) tenants. The project will be built in one phase. The site is a flat, rectangular site with little or no vegetation. In the past, the site was used for agricultural purposes. 10J Descnbe the known cultural anrYorhrstoncal aspects of the site Srte all sources o/rnformabon (books, published reports and oralhrstoryJ N/A ~= -ao • 11 JDescnbe any Horse sources and them levels that now affect the srte (arrcraft, roadway Horse, etc) and how they wd/affect proposed uses N/A 12)Descnbe the proposed proled rn detail Thrs should provide an adequate descnpbon of the sde rn terms of ultimate use which will result from the proposed pm/ect. lnd~cate d there a2 proposed phases for development, the e~c[ent o1 development to occur with each phase, and the ant~apated cromplebon of each increment Attach additional sheet(s) d necessary The proposed project is to construct four (4) one-story concrete tilt-up buildings, totalling 303,580 sq. ft. The end users will be commercial/warehouse type companies. The buildings will be designed for a total of five (5) tenants. The project will be built in one phase. Additionally, the Building will combine concrete tilt-up • construction with glass, incorporating design concepts to create an aesthetically pleasing project. The construction is expected to be completed in the 3rd quarter of 2004. 13JDescnbe the surrounding properties, including rnlormabon on plants and animals and any cultural, hrstonca/, or scenic aspects Indicate the type o/land use (residential, oommeroral, etc), intensity of land use (one-family, apartrnent houses, shops, department stores, etc) and scale o1 development (height frontage, setback, ear yard, etc.) See attached site utilization map. 14JWillthe proposed pro/ect change the pattern, scale or character of the surrounding general area of the pm/ect~ No ~ r~' 15)lndicate the type of shod-term and long-temr noise to be generated, mdudmg sourtx and amount How wdl these noise levels affect adjacent propertes and on-site uses What methods of sound proofing are proposed • N/A '16J Indicate proposed removals andror replacements of mature or scenic tines N/A 17J Indicate any bodies of water pndudmg domestic water suppbes) into which the sde drems• N/A • 18Jlndicateezpectedemounto/wafer usage (SeeAttachmentAforusageasbmates). Forlurtherdanficabon,p/easecontact the Cucamonga County Water Orstnd at 987-2591 a Res~denbal (gaVday) N / A Peak use (gauDay) N / A b CommeroraUlnd (gaVday/acJ 1 , 500 gal /day peak use (gal/mrNecJ 1 , 500 gal / d a y 19Jlndicate proposed method o/sewage disposal. Septic Tank R % Sewer. /f septic tanks ere proposed, attach percolation tests I/discharge to a sanitary sewage system rs proposed rnd~cate expelled dally sewage generebon• (See Attachment A /or usage es6matesJ For further clanficabon, please cooled the Cucamonga County Water Drstrtd at 987- 2591 a Res~denbal (gal/dayJ b CommeroraUlnd (gaVday/acJ 2, 00 O gal /day m a x RESIDENTIAL PROJECTS: 20) Number of resrdenhel unds Detached (md~cate range of parcel saes, minimum lot srze and maximum lot sze • / ~~ • Attached (mdreate whether unrfs are rental or forsale units) 21)Antic~pated range of sale prices and/or rents Sale Price(s) $ to Rent (per month) U 22) Specdy number of bedrooms by and type 23) Indicate antrppated household sae by unrt type ro s 24)Ind~cate the expected number of school chddmn who wrll be n:srdmg wrthln the pro/ed Goofed the appropriate School Drstnds as shown m Attachment 8 a Elementary b Junior High c SenrorHigh COMMERCIAL INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and malorfuncbon(s) of commercial, rndustnal orrnstrtubonal uses TBD 26) Total floor area of commercial, mdustnel, ormsbtubona/ uses by . type TBD n u 27) indicate hours of operebon TBD 28) Number of Total employees Maximum Shdt TBD TBD Time of Maximum Shdt TBD • 29J Provide breakdown of anhapated fob classifications, including wage and salary ranges, as well as an ind~cabon of the rate of hue for each Gassrficabon (attach add~bonal sheet d necessary)' TBD 30J Eshmabon of the number of workers to be hired that currently reside in the City TBD • •31)For commercial and rndustnel uses only, rnd~cate the source, type end amount of air pollution emissions (Data should be venfied through the South Coast Air Quality Management Drstnct, at (818) 572-6283). TBD ALL PROJECTS 32J Have the water sewer, fire, and flood conhal agencies serving the protect been contacted to determine their ability to provide adequate service to the proposed prolect7 !f so, please rnd~cate their response At the time of the application, no responses have been returned. • ~ -~~y ~- In the known history of this property; has there been any use, storage, or discharge of hazardous and/or toxic matenals~ 33)Examples of hazardous and/or toxic materials include, but are not limited to PCB, rsdioacbve substances, pesticides and • herbicides, fuels, als, solvents, and other flammable liquids and gases Also note underground storage of any of the above Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, if known N/A 34) Will the proposed protect involve the temporary orlong-term use, storage or discharge of hazardous and/or towc materials, including but not limited to those examples listed above? If yes, provide an inventory o/all such materials to be used and proposed method of disposal The locebon of such uses, along with the storage and shipment areas, shall be shown and labeled on the appl~cabon plans N/A • I hereby cer61y that the statements famished above and m the attached exhibits present the data and information requred for adequate evaWabon o/this protect to the best o/my abdrty, that the facts, statemerrts, and mformabon pmsented are tore and correct tot he best of my knowledge and belief l further understand that add~6onal information may be required to be submitted before an adequate evaluahon can be made by the City o/Rancho Cucamonga. ^ p / Date o a ~ Signature Title Prod act Manager • ~~ ATTACHMENT A Water Usage Average use per day Residential Single Family 600 gaUday ApUCondo 400 gaUday Commercial/Industrial General and Regional Commercial 3000 gaUday/ac Neighborhood Commercial 1500 gaUday/ac General Industnal 1500 gaUday/ac Industnal Park 3000 gaUday/ac Peak Usage For all uses Average use x 2 0 Sewer Flows Residential Smgle Family 270 gaUday ApUCondos 200 gaUday Commercia Ulnd ustrial General Commercial 2000 gaUday/ac Neighborhood Commercial 100-1500 gaUday/ac General Industnal 2000 gaUday/ac Heavy Industnal 3000 gaUday/ac Source Cucamonga County Water Distnct Master Plan, 9/86 • • I \PLANNING\FINALIFORMSICOUNTER\INITSTDI WPD 3/00 Page 9 ATTACHMENT B • Contact the school dlstnct for your area for amount and payment of school fees Elementary School Distracts Alta Loma 9350 Base Llne Road, Suite F Rancho Cucamonga, CA 91730 (909)987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etrvuanda 5959 East Avenue P O Box 248 • Rancho Cucamonga, CA 91739 (909)899-2451 High School Chaffey High School 211 West 5th Street Ontano, CA 91762 (909)988-8511 ~~~ 11PLANNING\FINAL\FORMSICOUNTER\INITSTDI VJPD 3/00 Page 10 SWC Arrow & Rochester DRC2003-00866 • • • ~~ ~ Page 1 of 3 Northeast Dnve Approach from Arrow Highway looking south Southeast corner of Building F looking northwest SWC Arrow & Rochester DRC2003-00866 n U • n ~ G) ~" " ~ ! Page 2 of 3 Southwest corner of Building A looking east Southwest comer of Building A looking northeast SWC Arrow & Rochester DRC2003-00866 C~ ~> ~- ~~ _ _%`-'~ Page 3 of 3 r1 l J Northwest comer of Building A looking east City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1 Project File: Development Review DRC2003-00866 2. Related Files: None 3. Description of Project: DEVELOPMENT REVIEW DRC2003-00866 - PANATTONI DEVELOPMENT -The development of 4 one-story concrete tilt-up industrial buidings ranging from 18,270 square feet to 236,440 square feet for a total of 303,580 square feet on 12 91 acres of land in the General Industrial District (Subarea 8) located at the southeast corner of Arrow Route and Rochester Avenue in the "Watson I-15 Business Center" - APN 0229-121-37 and 39-41, 43 and 44 I-1 U 4. Project Sponsor's Name and Address: Panattoni Development 19600 Fairchild Road, Swte 285 Irvine, Ca 92612 5. General Plan Designation: Industrial 6. Zoning: General Industrial 7. Surrounding Land Uses and Setting This infill site is located at the southeast corner of Arrow Route and Rochester Avenue The site is the last remaining vacant parcel within the existing "Watson I-15 Business Center" industrial complex The site was rough graded during construction of the surrounding industrial complex To the north across Arrow Route is vacant land To the east is vacant land and to the south are industrial buildings and across Rochester Avenue to the west is an industrial center The land slopes to the south with a fall of 17 feet 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Douglas Fenn, Associate Planner (909)477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement). None GLOSSARY -The following abbreviations are used in this report. EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NOx -Nitrogen Oxides ~ ~ i ~~~(/ Initial Study for City of Rancho Cucamonga DRC2003-00866 Page 2 PM10 -Fine Particulate Matter RWQCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District URBEMIS7G -Urban Emissions Model • • Inltlal Study for Clty of Rancho Cucamonga DRC2003-00866 Page 3 • • ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this protect, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages (/) Aesthetics s O Agricultural Resources (/) Cultural Resources (/) Au Quality (/) Geology/Soils (/) Biological Resource ()Hazards & Hazardous Materials (/) Hydrology/Water Quality rces R ()Land Use/Planning () PopulationlHousing ()Mineral Resources esou ()Energy and Mineral () Transportation/Traffic ()Public Services (/) Noise () UtilitieslService Systems ()Recreation r/i nnanriarnrv Findings of Significance DETERMINATION On the basis of this initial evaluation () I find that the proposed protect COULD NOT have a significant effect on the environment A NEGATIVE DECLARATION will be prepared (/) I fmd that although the proposed protect could have a signifrcant effect on the environment, there will not be a significant effect rn this case because revisions m the protect have been made by, or agreed to, by the protect proponent. A MITIGATED NEGATIVE DECLARATION wdl be prepared. () I find that the proposed protect MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required () I find that the proposed protect MAY have a "Potentially Significant Impact" or "Potentially Signifcant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is regwred, but it must analyze only the effects that remain to be addressed () I find that although the proposed protect could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately m an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pur uant to that rl r EIR or NEGATIVE DECLARATION, including revisions or mitigation sures that i sed upon the proposed protect, noth~ further is required Prepared By Date oe.,,e,.,crr .~ ~ ate ~/" ~~ Initial Study for nRr.~nns-oo866 City of Rancho Cucamonga Page 4 EVALUATION OF ENVIRONMENTAL IMPACTS 1 AESTHETICS. Would thepro/ect a) Have a substantial affect a scenic wsta~ O O O (/) b) Substantially damage scenic resources, including, but () () () (/) not limited to, trees, rock outcroppings, and historic buldings within a State Scenic Highway c) Substantially degrade the existing casual character or () () () (/) quality of the site and its surroundings d) Create a new source of substantial light or glare which () () (/) ( ) would adversely affect day or nighttime views in the area Comments. a) There are no significant vistas within or adlacent to the protect site The site is within a view corridor according to General Plan Exhibit III-15 b) The protect site contains no scenic resources and no historic buildings within a State Scenic Highway There are no State Scenic Highways within the City of Rancho Cucamonga c) The 12 91-acre infill site is located at the southeast corner of Arrow Route and Rochester Avenue within the existing "Watson 1-15 Business Center" industrial complex The rough graded site is vacant with three small existing industrial buildings that will be adlacent to the protect To the north across Arrow Route is vacant land To the east is vacant land and to the south are industrial buidings and across Rochester Avenue to the west ~s an industrial center The proposed protect should not create any conflicts with the existing land uses in the area and should remain consistent with the General Plan land use designation for the site The visual quality of the area wdl not degrade as a result of this protect Design review is requved prior to approval City standards require the developer to underground existing and new utility lines less than 66Kv and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No 87-96, unless exempted by said Resolution d) The protect will create new light and glare because the site is currently vacant The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that regwres shielding, diffusing, or indirect lighting to avoid glare Lighting will be selected and located to confine the area of illumination to within the protect site The impact is not considered significant 2. AGRICULTURAL RESOURCES. Would the protect a) Convert Prime Farmland, Unique Farmland, or Farmland () () (/) ( ) of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses b) Conflict with existing zoning for agricultural use, or a O O O (/) Williamson Act contract c) Involve other changes in the existing environment which, () () () (/) due to their location or nature, could result in conversion of Farmland, to non-agricultural uses • • ~ ~3~ • • • Initial Study for City of Rancho Cucamonga DRC2003-00866 Page 5 Comments• a) The site is not designated as Prime Farmlands, Unique Farmland or Farmland of Statewide Importance The 12 91-acre infill site is located at the southeast corner of Arrow Route and Rochester Avenue within the existing "Watson I-15 Business Center" industrial complex The rough graded site is vacant with three small existing industrial buildings that will be adjacent to the project To the north across Arrow Route is vacant land To the east is vacant land and to the south are industrial buildings and across Rochester Avenue to the west is an industrial center The proposed project should not create any conflicts with the existing land uses in the area and should remain consistent with the General Plan's land use designation for the site There are approximately 1,300 acres of Prime Farmlands, Unique Farmland or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2 The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development Further, 2/3 of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and rhea economic viability is doubttul, therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan The General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by the City Council The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) There is no agriculturally zoned land within the City of Rancho Cucamonga There are no Wtlliamson Act contracts within the City c) The 12 91-acre infill site is located at the southeast corner of Arrow Route and Rochester Avenue within the existing "Watson I-15 Business Center" industrial complex The rough graded site is vacant with three small existing industrial buildings that will be adjacent to the project To the north across Arrow Route is vacant land To the east is vacant land and to the south are industrial buildings and across Rochester Avenue to the west is an industrial center This site has not been used for agricultural use for over ten years and there are no nearby sensitve uses No adverse impacts are anticipated 3. AIR QUALITY. Would the pro/ect a) Conflict with or obstruct implementation of the applicable () () () (`~) air quality plan b) Violate any air quality standard or contribute substantially () (/) () ( ) to an existing or projected air quality violation c) Result in a cumulatively considerable net increase of any () () () (/) criteria pollutant for which the project region is non- attainment under an applicable Federal or State ambient au quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors d) Expose sensitive receptors to substantial pollutant () () () (/) concentrations e) Create objectionable odors affecting a substantial () () () (/) number of people Comments: a) As noted in the General Plan FEIR (Section 5 6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the atywide increase in emissions as a significant unavoidable adverse impact for which a statement of overriding conditions was `~ ~ ~~ J Initial Study for City of Rancho Cucamonga DRC2003-00866 Page 6 ultimately adopted by the City Council The proposed prolect is consistent with the General Plan for which the E=EIR was prepared and impacts evaluated b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions In addition, fugitive dust would also be generated during grading and construction actvities While most of the dust would settle on or near the prolect site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area Construction is an on-going industry in the Rancho Cucamonga area Construction workers and egwpment work and operate at one development site until then tasks are complete They then transfer to a different site where the process begins again Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing au quality in the region Nevertheless, fugitive dust and egwpment emissions are required to be assessed by the South Coast Air Quality Management District (SCA~MD) on aprolect-specific basis Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected egwpment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the prolect. Contractors shall also conform to any construction measures imposed by the SCA~MD as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCA~MD Rule 1113. Paints and coatings shall be applied either by hand or high volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted m SCAQMD Rule 1108. 5) All construction equipment shall comply with SCA~MD Rules 402 and 403. Additionally, contractors shall include the following provisions. Reestablish ground cover on the construction site through seeding and watering. Pave or apply gravel to any on-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated sod during and after the end of work periods. t d material in accordance with local ordinances • Dispose of surplus excava e and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction. Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. ~ "- 3~ n U • Initial Study for nRC20os-00866 City of Rancho Cucamonga Page 7 Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated with water or other sod stabilizing agent (approved by SCAQMD and RW~CB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 7) Chemical sod stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. f;) The construction contractor shall utilize electric or clean alternative fuel powered equpment where feasible. g) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted m the General Plan FEIR (Section 5 6) Based upon on the URBEMIS7G model estimates in Table 5 6-4 of the General Plan FEIR, Nox, ROG, and PM~o would exceed SCAQMD thresholds for significance, therefore, would all be cumulatively significant if they cannot be mitigated on a protect basis to a level less-than-significant The General Plan FEIR identified the citywide increase m emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates rn Table 5 6-4 of the General Plan FEIR, therefore, would all be cumulatively significant if they cannot be mitigated on a protect basis to a level less-than-significant The following mitigation measures shall be implemented 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged penods (i e., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be regwred to post both bus and Metrolmk schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. r'1 LJ After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by the City Council. c) As noted in the General Plan FEIR (Section 5 6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The protect proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated r-~7 Initial Study for City of Rancho Cucamonga • DRC2003-00866 Page 8 d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large The SCAQMD identifies the following as sensitive receptors long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities According to the SCAQMD, protects have the potential to create significant impacts if they are located within 1/4-mile of sensitive receptors and would emit toxic au contaminants identified in SCAQMD Rule 1401 The protect site is located more than 1/2-mile from the nearest sensitive receptor Office use ~s not expected to generate toxic air contaminants Therefore, no adverse impacts are anticipated e) Typically, the uses proposed do not create obtectionable odors No adverse impacts are anticipated BIOLOGICAL RESOURCES. Would the protect 4 . a) Have a substantial adverse effect, either directly or (1 O O (/ ) through habitat modifications, on any speces identified as a candidate, sensitive, or special status species in local or regional plans, polces, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service b) Have a substantial adverse effect on npanan habitat or O O O (/) other sensitive natural community identified in local or regional plans, polices, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service c) Have a substantial adverse effect on federally protected () () () (/) wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means d) Interfere substantially with the movement of any native () () () (/) resident or migratory fish or wildlife speces or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites e) Conflict wdh any local polices or ordinances protecting O O O (/) biological resources, such as a tree preservation policy or ordinance f) Conflict with the provisions of an adopted Habitat () () () (/) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan Comments: a) The 1291-acre infill site is located at the southeast corner of Arrow Route and Rochester Avenue within the existing "Watson I-15 Business Center" industrial complex The rough graded site is vacant with three small existing industrial buildings that will be adfacent to the protect The protect site is located in an area developed with industrial related uses The site has been previously disrupted during annual discng for weed abatement According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is within an area of sensitive biological resources b) The 1291-acre infill site is located at the southeast corner of Arrow Route and Rochester Avenue within the existing "Watson I-15 Business Center" industrial complex The rough graded site is vacant with three small existing industrial that will be adfacent to the protect r-.3~ • • Initial Study for DRC2003-00866 City of Rancho Cucamonga Page 9 The prolect site is located in an urban area with no natural communities No riparian habitat exists on-site, meaning the prolect will not have any impacts c) No wetland habitat is present on-site As a result, prolect implementation would have no impact on these resources d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed Also see comments noted under a) above tar additional documentation No adverse impacts are anticipated e) There are no heritage trees on the prolect site, therefore, the proposed prolect is not in conflict with any focal ordinance The prolect site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4 No conflicts with habitat conservation plans will occur • 5 CULTURAL RESOURCES. Would the prolect a) Cause a substantial adverse change in the signficance O O O (/) of a historical resource as defined in § 15064 5~ b) Cause a substantial adverse change in the significance () (/) () Q of an archeological resource pursuant to § 15064 5~ c) Duectly or indirectly destroy a unique paleontological () (/) () ( ) resource or site or unique geologic feature d) Disturb any human remains, including those interred () () () (/) outside of formal cemeteries Comments• a) The prolect site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2 24 (Historic Preservation) There will be no impact b) There are no known archeological sites or resources recorded on the prolect site, however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5 11) Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources The following mitigation measures shall be implemented 1) If any prehistoric archaeological resources are encountered before or during grading, the developer wdl retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point Pursue educating the public about the archaeological heritage of the area. Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEOA guidelines. ~' =~ Initial Study for nar.~nn~-o0B66 City of Rancho Cucamonga • Page 10 Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 5 11) indicates that the Rancho Cucamonga area is on an alluvial fan According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of- Influence, including the protect site, however, the area has a high sensitivity rating for paleontological resources The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils The prolect site is underlain by Quaternary alluvium per General Plan Exhibit V-2, therefore, the following mitigation measures shall be implemented 2) A qualified paleontologist shall conduct a preconstruction field survey of the protect site. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid • removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Submit summary report to City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed prolect is in an area that has already been disturbed by development The protect site has already been disrupted by construction of infrastructure (curb, gutter, and streets), surrounding developments and annual discing for weed abatement No known religious or sacred sites exist within the protect area No adverse impacts are anticipated 6. GEOLOGY AND SOILS. Would the prolect a) Expose people or structures to potential substantial adverse effects, including the risk of loss, intury, or death involving p Rupture of a known earthquake fault, as delineated on () () () (~) the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known faulty Refer to Division of Mines and Geology Special Publication 42 u) Strong seismic ground shakings O O O (~) w) Seismic-related ground failure, including hquefaction~ O O O (~) iv) Landshdes~ O O O (~) • ~-~o • Initial Study for DRC2003-00866 City of Rancho Cucamonga Page 11 b) Result in substantial soil erosion or the loss of topsoils () (/) () ( ) c) Be located on a geologic unit or soil that is unstable, or () () () (/) that would become unstable as a result of the protect, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse d) Be located on expansive soil, as defined in Table 18-1-B () () () (/) of the Uniform Bwlding Code (1994), creating substantial risks to life or property e) Have soils incapable of adequately supporting the use of () () () (/) septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water Comments. a) No known faults pass through the site and ~t is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 51 of the General Plan FEIR The Red Hill Fault, passes approximately 2 miles north of the of the site, and the Cucamonga Fault Zone lies approximately 4 00 miles north These faults are both capable of produang M„, 6 0-7 0 earthquakes Aiso, the San Jaanto fault, capable of produang up to Mw 7 5 earthquakes, is approximately 9 miles northeasterly of the site, and the San Andreas, capable of up to Mw 8 2 earthquakes, is approximately 14 miles northeasterly of the site Each of these faults can produce strong groundshaking Adhenng to the Uniform Bwlding Code will ensure that geologic impacts are • less-than-signrficant b) The Rancho Cucamonga area is subtect to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control, however, development of this protect under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, bwldings, and landscaping are established Soil types onsite consist of Tutunga LOAMY SAND, according to General Plan Exhibit V-3, with the moderate to high potential for bare soil blowing if left unprotected Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) The site shall be treated with water or other soil stabilizing agent (approved by SCA~MD and RWQCB) daily to reduce PM~o emissions, m accordance with SCAQMD Rule 403 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicle tracking of sod off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCA~MD and RWQCB) shall be applied to all inactive construction areas that remain mactrve for 96 hours or more to reduce PM~o emissions. c) The General Plan FEIR (Section 5 1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer The protect would not withdraw water from the existing aqufer The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5 1-2 Soil types -yi Irntial Study for City of Rancho Cucamonga DRC2003-00866 Page 12 onsite consist of Tufunga Loamy Sand, according to General Plan Exhibit V3 No adverse impacts are anticpated d) The majority of Rancho Cucamonga, including the protect site, is located on alluvial soil deposits These types of soils are not considered to be expansive Soil types on-site consist of Tufunga Loamy Sand soil association according to General Plan Exhibit V3 and General Plan FEIR Exhibit 5 1-3 These soils typically have high permeability and runoff is slow to very slow Tufunga Loamy Sand can be nearly level to strongly sloping The protect site has very gentle grades in southerly direction No adverse impacts are anticipated e) The protect will connect to, and be served by, the existing local sewer system for wastewater disposal No septic tanks or alternative wastewater disposal is proposed 7. HAZARDS AND WASTE MATERIALS Would the protect a) Create a significant hazard to the public or the O O U (/) environment through the routine transport, use, or disposal of hazardous materials b) Create a significant hazard to the public or the () () () (/) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a sigmficant hazard to the public or the environment e) For a protect located within an airport land use plan or, O O O (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the protect result in a safety hazard for people residing or working in the protect area f) For a protect within the vianity of a private airstrip, would () () () (/) the protect result in a safety hazard for people residing or working in the protect area g) Impair implementation of or physically intertere with an () () () (/) adopted emergency response plan or emergency evacuation plan h) Expose people or structures to a significant risk of loss, () () () (/) infury or death involving wildland fires, including where wildlands are adfacent to urbanized areas or where residences are intermixed with wildlands~ Comments: a) The project will not involve the transport, use, or disposal of hazardous materials The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant The proposed industrial CJ U U r~'`1 • • Initial Study for City of Rancho Cucamonga DRC2003-00866 Page 13 bwldings are to be constructed as speculative with no definitive users at this time The potential for hazardous materials will be evaluated at the time of tenant improvement plan check and business license No adverse impacts are expected b) The proposed protect does not include the use of hazardous materials or volatile fuels The proposed industrial bwldings are to be constructed as speculative with no defimtve users at this time The potential for hazardous materials will be evaluated at the time of tenant improvement plan check and business license The City partiapates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level-less-than significant No adverse impacts are anticipated c) There are no schools located within 1/4 mile of the protect site The protect site is located within a 1/2 mile of the nearest existing or proposed school The proposed industrial bwidings are to be constructed as speculative with no definitive users at this time The Citys Development Code regwres that all uses within this Subarea 8 °to be operated so as not to emit matter causing unpleasant odors, which are perceptible to the average person beyond any lot line of the lot containing such uses " No adverse impacts are anticipated d) The proposed industrial bwlding protect is not listed as a hazardous waste or substance materials site Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials No impact is anticipated e) The site ~s not located within an airport land use plan and is not within 2 miles of a public airport Protect site is located approximately 2 5 miles north of the Ontario Airport and is offset north of the flight path No impact is anticpated f) The nearest private airstrip, Cable Airport, is located approximately 2 5 miles to the west of the Citys westerly limits No impact is anticipated g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster Because the protect includes at least two points of public street access and is regwred to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005, however, the proposed protect site is not located within a high fire hazard area according to General Plan Exhibit V-7 • 8. HYDROLOGY AND WATER QUALITY. Would the protect a) Violate any water quality standards or waste discharge O O U (/) regwrements~ b) Substantially deplete groundwater supplies or interfere () (/) () ( ) substantially with groundwater recharge such that there would be a net deficit in acjuifer volume or a lowering of the local groundwater table level (e g ,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) ~i~~ Initial Study for City of Rancho Cucamonga • DRC2003-00866 Page 14 c) Substantially alter the existing drainage pattern of the site () (/) () ( ) or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site d) Substantially alter the existing drainage pattern of the site () () () (/) or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-sde~ e) Create or contribute runoff water which would exceed the () () () (/) capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff f) Otherwise substantially degrade water quality () (/) () ( ) g) Place housing within a 100-year flood hazard area as () () () (/) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation maps h) Place within a 100-year flood hazard area structures () () () (/) which would impede or redirect flood flows i) Expose people or structures to a significant risk of loss, () () () (/) intury or death involving flooding, including flooding as a result of the failure of a levee or damp t) Inundation by seiche, tsunami, or mudflow~ O O U (/) Comments a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD) and will not affect water quality standards or waste discharge requirements Protect is designed to connect to existing water and sewer systems b) According to CVWD, 43 percent of the City's water is currently provided from groundwater in the Cucamonga and Chino Basins CVWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect will not deplete groundwater supplies, nor will it intertere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2 The development of the site will regwre the grading of the site and excavation, however, would not affect the existing agwfer, estimated to be about 288 to 470 feet below the ground surface As noted in the General Plan FEIR (Section 5 9), continued development citywide will increase water needs and is a significant impact, however, CVWD has plans to meet this increased need through the construction of future water facilities The following mitigation measure shall be implemented 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the project where appropriate. Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. c) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new bwiding and hardscape proposed on a site, however, the protect will not alter the course of any stream or aver All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The protect design includes landscaping of all non-hardscape areas to prevent erosion A grading and drainage plan must be approved by the Building Official and City Engineer prior ~~ ~ l~ • • Initial Study for City of Rancho Cucamonga • DRC2003-00866 Page 15 to issuance of grading permits Therefore, the prolect will not result in substantial erosion or siltation on- or off-site The following mitigation measure shall be implemented 2) Pnor to issuance of grading permits, the applicant shall prepare a SWPPP that identifies BMPs to be implemented dunng the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. d) The prolect wtll cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site, however, the prolect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A grading and drainage plan must be approved by the Building Official and City Engineer pnor to issuance of grading permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticipated e) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new bulding and hardscape proposed on a site, however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The prolect will not result in substantial additional sources of polluted runoff A grading and drainage plan must be approved by the Bwlding Offical and City Engineer prior to issuance of grading permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticipated f) Grading activities associated with the construction period could result in a temporary increase • in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts The site is more than 1 acre, therefore, is regwred to comply with National Pollutant Discharge Elimination System (NPDES) to minimize water pollution 3) Pnor to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WOMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm dram system to the maximum extent practicable The WOMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2000. 4) Prior to issuance of grading or paving permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollution Discharge elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Dischargers Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit g) No housing units are proposed with this prolect No adverse impacts are expected h) The prolect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected • i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event The system is substantially improved and provides an integrated approach for regional and local drainage flows This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6 The protect I ~s Initial Study for City of Rancho Cucamonga • DRC2003-00866 Page 16 site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected There are no oceans, lakes, or reservoirs near the protect site, therefore, impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City 9. LAND USE AND PLANNING. Would the pro/ect a) Physically divide an established community O O O (/) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with turisdiction over the protect (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect c) Conflict with any applicable habitat conservation plan or O O O (/) natural community conservation plan Comments: a) The 12 91-acre infill site is located at the southeast corner of Arrow Route and Rochester Avenue within the existing "Watson I-15 Business Center" industrial complex The rough graded site is vacant with three small existing industrial bwldings that will be adtacent to the protect To the north across Arrow Route is vacant land To the east is vacant land and to the south are industrial buildings and across Rochester Avenue to the west is an industrial center The proposed protect should not create any conflicts with the existing land uses in the area and should remain consistent with the land use designation of the General Plan for the site The protect will become a part of the larger community No adverse impacts are anticipated b) The land use designation of the protect site is Industrial The proposed protect is consistent with the General Plan and does not interfere with any polices for environmental protection As such, no impacts are anticipated c) The protect site is located in an area developed with industrial uses The site has been previously disrupted during annual discing for weed abatement According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is within an area of sensitive biological resources 10. MINERAL RESOURCES. Would the protect a) Result in the loss of availability of a known mineral O O O (/) resource that would be of value to the region and the residents of the State b) Result in the loss of avadabihty of a locally important O O O (/) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1, therefore, there is no impact r1 U • ~~~~ • C~ Initial Study for DRC2003-00866 City of Rancho Cucamonga Page 17 b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site, therefore, there is no impact 11. NOISE Would the prolect result in a) Exposure of persons to or generation of noise levels in () (/) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agenaesv b) Exposure of persons to or generation of excessive () () () (/) groundborne vibration or groundborne noise levels c) A substantial permanent increase in ambient noise levels () () () (/) in the prolect vicinity above levels existing without the prolect d) A substantial temporary or periodic increase in ambient () (/) () ( ) noise levels in the prolect vicinity above levels existing without the prolect e) For a prolect located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use auport, would the prolect expose people residing or working in the prolect area to excessive noise levels f) For a prolect within the vicinity of a private airstrip, would () () () (/) the prolect expose people rending or working in the prolect area to excessive noise levels Comments: a) The industrial uses associated with this type of prolect normally do not induce groundborne vibrations The City's Development Code requires that all uses in Subarea 8 be operated in a manner so as to not generate noise level exceeding 75Ldn as measured at the lot line of the source The prolect site is within an area of traffic noise levels exceeding City standards according to General Plan Exhibit V-13 today and at even higher levels at build-out in the year 2020 Future noise levels are prolected to exceed 60dBA and 65dBA within 271 feet and 126 feet, respectively, of the centerline of Rochester Avenue Future noise levels are prolected to exceed 60dBA and 65dBA within 368 feet and 171 feet, respectively, of the centerline of Arrow Route Future noise levels exceed 60dBA and 65dBA within 4,288 feet and 1,191 feet, respectively, of the centerline of I-15 Freeway The City's standard is 65Ldn and 75Ldn for interior and exterior noise levels in the general industrial area According to General Plan Exhibit V-11, conventional construction, with closed windows and fresh air supply systems or av conditioning, will suffice without any special noise insulation regwrements The Citys Development Code requires that all industrial uses be conducted within an enclosed building, hence, no adverse operational impact to nearby uses is expected The General Plan FEIR (Section 5 7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction egwpment, wtll generate noise exceeding City standards The following measures are provided to mitigate the short-term noise impacts 1) Construction or grading shall not take place between the hours of 8.00 p.m. and 6.30 a.m on weekdays, including Saturday, or at any time on Sunday or a national holiday. • 2) Construction or grading noise levels shall not exceed the standards specified m Development Code Section 17 02.120-D, as measured at the property Ime. The developer shall hire a consultant to pertorm weekly noise level monitoring as specified m Development Code Section 17.02.120 Monitoring at other times may ~~~~ Irntial Study for City of Rancho Cucamonga • DRC2003-00866 Page 18 be required by the Planning Division. The said consultant shall report their findings to the Planning Division within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division If noise levels exceed the above standards, then construction actvities shall be reduced m intensity to a level of compliance with above noise standards or halted. b) The industrial uses associated with this type of protect normally do not induce groundborne vibrations The Citys Development Code requues that all uses in Subarea 8 be operated in a manner so as not to generate vibration discernible without instruments by the average persons beyond the lot upon which the source is located As such, no impacts are anticipated c) The primary source of ambient noise levels in Rancho Cucamonga is traffic The proposed activities will not significantly increase traffic, hence, are not anticipated to increase the ambient noise levels wdhin the vicinity of the protect d) See a) response above e) The site is not located within an airport land use plan and is not within 2 miles of a public airport Located approximately 2 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated The nearest private airstrip, Cable Avport, is located approximately 2 %z miles to the west of the Citys westerly limits No impact is anticipated 12. POPULATION AND HOUSING. Would the pro/ect a) Induce substantial population growth in an area, either () () () (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, O O O (/) necessitating the construction of replacement housing elsewhere c) Displace substantial numbers of people, necessitating the () () () (/) construction of replacement housing elsewhere Comments• a) The protect is located in a predominantly developed area and will not induce population growth Construction activities at the site will be short-term and will not attract new employees to the area If commercial or industrial include this sentence Once constructed, the proposed protect will have a limited number of employees, hence, will not create a demand for additional housing as a matority of the employees will likely be hired from within the City or surrounding communities No impacts are anticipated b) The protect site contains no existing housing units No adverse impact expected c) The protect site is vacant land No impacts are anticipated U • /~ J Y • Initial Study for DRC2003-00866 City of Rancho Cucamonga Page 19 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered govemmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance ob/ectives for any of the public services a) Fire protections O U O (~) b) Police protections O O O (~) c) Schools O O O (~) d) Parks O O O (~) e) Other public facdities~ O O O (~) Comments• a) The 1291-acre infill site is located at the southeast corner of Arrow Route and Rochester Avenue within the existing "Watson I-15 Business Center" industrial complex The rough graded site is vacant with three small existing industrial buildings that will be adjacent to the project To the north across Arrow Route is vacant land To the east is vacant land and to the south are industrial buildings and across Rochester Avenue to the west is an industrial center The site would be served by a fue station located approximately 1 mile from the project site The project will not require the construction of any new facilities or alteration of any existing faalities or cause a decline in the levels of service, which could cause the need to construct new facilities Standard Conditions of Approval from the Uniform Bwlding and Fire Codes will be placed on the project so no impacts to fire services will occur No impacts are anticipated b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled c) The site is in a developed area currently served by the Cucamonga School District and the Chaffey Joint Union High School District The project will be required to pay school fees as prescribed by State law prior to the issuance of bwlding permits No impacts are anticipated d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is located approximately 5 mile from the project site The project will not requre the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities A Standard condition of approval will regwre the developer to Pay Park Development Fees No impacts are anticipated e) The proposed project will utilize existing public facilities The site is in a developed area, currently served by the City of Rancho Cucamonga The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Cumulative development within Rancho Cucamonga will increase demand for library services According to the General Plan FEIR (Section 5 9 9), the projected increase in library space under the General Plan will not meet the projected demand The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by the City Council The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated Since the adoption of the General Plan, the City has planned a new library within ~j~ Initial Study for DRC2003-00866 City of Rancho Cucamonga • Page 20 the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the protected need of 15,500 square feet at bwid-out of the City 14 RECREATION. Would the pro/ect a) Increase the use of existing neighborhood and regional () () () (/) parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated b) Does the protect include recreational facilities or requre O O O (/) the construction or expansion of recreational facilities which might have an adverse physical effect on the enwronment~ Comments: a) The site is m a developed area, currently served by the City of Rancho Cucamonga The nearest park is located approximately 5 mile from the protect site This protect is not proposing any new housing or large employment generator that would cause an increase m the use of parks or other recreational facilities A Standard Condition of Approval will require the developer to Pay Park Development Fees No impacts are anticipated b) See a) response above 15 TRANSPORTATIONlfRAFFIC. Would the protect a) Cause an increase in traffic which is substantial in () () () (/) relation to the existing traffic load and capacity of the street system (i a ,' result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level of () () () (/) service standard established by the county congestion management agency for designated roads or highways c) Result m a change in air traffic patterns, including either () () () (/) an increase in traffic levels or a change in location that results m substantial safety risks d) Substantially increase hazards due to a design feature () () () (/) (e g , sharp curves or dangerous intersections) or incompatible uses (e g ,farm equipment) e) Result in inadequate emergency access () () () (/) f) Result in inadequate parkmg capacity () () () (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation (e g , bus turnouts, bicycle racks) Comments: a) As noted in the General Plan FEIR (Section 5 5), continued development will contribute to the traffic load in the Rancho Cucamonga area The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated The protect is in an area that is mostly developed with street improvements existing or included in protect design The protect will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections The protect site will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards In addition, the City has established a Transportation Development fee • ~`-~ n U n U • Initial Study for DRC2003-00866 City of Rancho Cucamonga Page 21 that must be paid by the applicant prior to issuance of building permits Fees are used to fund roadway improvements necessary to support adequate traffic circulation No impacts are anticipated b) The prolect consists of three light industrial buildings totaling 67,140 square feet that could be manufacturing and/or warehouse use In addition, the prolect includes a 236,440 square foot industrial warehouse distribution building The prolect will generate 245 two-way peak hour vehicle trips which is less than the 250 two-way peak hour trips for non-retail land use, therefore, is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis The prolect is in an area that is mostly developed with all street improvements existing The prolect will not negatively impact the level of service standards on adjacent arterials The prolect wdl be regwred to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site No impacts are anticipated c) Located approximately 2 5 miles northerly of the Ontario Airport, the site ~s offset north of the flight path and will not change air traffic patterns No impacts are anticipated d) The prolect is in an area that is mostly developed The prolect will be regwred to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site The project design does not include any sharp curves or dangerous intersections or farming uses The project will, therefore, not create a substantial increase in hazards due to a design feature No impacts are anticipated e) The prolect will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access No impacts are anticipated f) The prolect design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacty No impacts are anticipated g) The prolect design includes, or the prolect will be conditioned to provide, features supporting transportation and vehicle trip reduction (e g ,bus bays, bicycle racks, carpool parking, etc ) 16. UTILITIES AND SERVICE SYSTEMS. Would the prolect a) Exceed wastewater treatment requirements of the () () () (/) applicable Regional Water Quality Control Board b) Require or result in the construction of new water or () () () (/) wastewater treatment facilities or expansion of existing faalities, the construction of which could cause significant environmental effects c) Require or result in the construction of new storm water () () () (/) drainage facihUes or expansion of exsting faalittes, the construction of which could cause significant environmental effects ~ d) Have sufficient water supplies available to serve the () () () (/) project from existing entitlements and resources, or are new or expanded entitlements needed e) Result in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments ~J Initial Study for DRC2003-00866 City of Rancho Cucamonga Page 22 f) Be served by a landfill with sufficient permitted capacity () () () (/) to accommodate the protect's solid waste disposal needs g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste Comments: a) The proposed protect is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empre Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The protect is regwred to meet the regwrements of the Santa Ana Regional Water duality Control Board regarding wastewater No impacts are anticipated b) The proposed protect is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacty. The protect is requued to meet the regwrements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated c) All runoff wdl be conveyed to existing storm drain facilities, which have been designed to handle the flows A grading and dramage plan must be approved by the Building Official and City Engineer pnor to issuance of grading permits The impact is not considered significant • d) The Cucamonga Valley Water District (CVWD) provides water treatment, storage, and • distribution of domestic water to Rancho Cucamonga, portions of the cities of Ontario and Fontana, and a tract in Upland The current daily water usage in the CVWD service area is 41 7 million gallons per day (mgd) Residential water use amounts to about 60 percent of the total water consumed Landscaping (public and private) is the next largest consumer of water at 20 percent The proposed protect would include the construction/operation of 4 office buildings totaling 303,580 square feet Based on the proposed use and size, the protect does not fall under the regwrements of SB 610 and SB 221, and, therefore, would not regwre a Water Supply Assessment The CVWD has an adopted master plan that estimated water demand and supply needs until the year 2030 The CVWD is responsible for collecting developer fees for the construction and operation of water and wastewater facilities Proposed water usage and sewer flows would be in accordance with what was determined at the time of the General Plan adoption, and is not considered significant The protect is served by the Cucamonga Valley Water District water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this protect No impacts are anticpated e) The proposed protect is served by the Cucamonga County Water District sewer system, which has waste treated by the Inland Empre Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontaro, neither of which are at capacity No impacts are anticipated f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs g) This protect complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no impacts are anticipated 5~- • • Initial Study for DRC2003-00866 City of Rancho Cucamonga Page 23 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the protect have the potential to degrade the quality () () (/) ( ) of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory b) Does the protect have impacts that are individually O O O (/) limited, but cumulatroely considerable ("Cumulatively considerable" means that the incremental effects of a protect are considerable when viewed in connection with the effects of past protects, the effects of other current protects, and the effects of probable future protects) c) Does the protect have environmental effects which will () () () (/) cause substantial adverse effects on human beings, either directly or mdirectly~ Comments: a) The protect site is located in an area developed with industrial and office/professional uses The site has been previously disrupted during annual discing for weed abatement According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is not within an area of sensitive biological resources b) If the proposed protect were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of bwld- out in the City and Sphere of Influence The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, au quality, the acoustical environment, library services, and aesthetics and visual resources Mitigation measures were adopted for each of these resources, however, they would not reduce impacts to less-than-significant levels As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Pian Update against the significant unavoidable adverse impacts (CEQA Gwdelines Section 15092 and 15096(h)) These benefits include less overall traffic volumes by developing mixed-use protects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact Proposed mitigation measures would further reduce emission levels Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels r1 LJ ~,,5-~ Initial Study for City of Rancho Cucamonga DRC2003-00866 Page 24 • EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D) The effects identified above for this protect were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Diwsion offices, 10500 Civic Center Drive (check all that apply) (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (/) Industrial Area Specific Plan EIR (Certified September 19, 1981) (/) Industrial Area Specific Plan, Subarea 18, EIR (SCH #93102055, certified June 15, 1994) C~ J CJ ~-~ ~~ • • • Initial Study for DRC2003-00866 APPLICANT CERTIFICATION Print Name and Title City of Rancho Cucamonga Page 25 I certify that I am the applicant for the protect described in this Initial Study I acknowledge that I have read this Initial Study and the proposed mitigation measures Further, I have revised the protect plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur Date 3 ~~ ~¢ Applicant's Signature ~j -_~ City of Rancho Cucamonga • NEGATIVE DECLARATION The following Negatrve Declaration rs being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code Project File No.. Development Review DRC2003-00866 Public Review Penod Closes: May 12, 2004 Protect Name• Project Applicant: Panattoni Development Protect Location (also see attached map): Located at the southeast comer of Arrow Route and Rochester Avenue in the "Watson I-15 Business Center" - APN 0229-121-37 and 39 thru 41, 43, and 44 Protect Description: The development of 4 one-story concrete tilt-up buildings ranging from 18,270 square feet to 236,440 square feet for a total of 303,580 square feet on 12 91 acres of land in the General Industrial Distract (Subarea 8) FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the protect may have a significant effect on the environment and is • proposing this Negatrve Declaration based upon the following findmg• ^ The Initial Study shows that there is no substantial evidence that the protect may have a significant effect on the environment ® The Initial Study identified potentially significant effects but (1) Revisions in the protect plans or proposals made or agreed to by the applicant before this proposed Negatrve Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the protect as revised may have a significant effect on the environment If adopted, the Negatrve Declaration means that an Environmental Impact Report wdl not be requued. Reasons to support this findmg are included m the attached Initial Study. The protect file and all related documents are available for review at the City of Rancho Cucamonga Planning Division at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is mulled to comment on the proposed Negatrve Declaration during the review period. May 12 2004 Date of Determination • Adopted By /~~ • RESOLUTION NO 04-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2003-00866 TO CONSTRUCT 4 ONE-STORY CONCRETE TILT-UP INDUSTRIAL BUILDINGS RANGING FROM 18,270 TO 236,440 SQUARE FEET FOR A TOTAL 303,580 SQUARE FEET ON 12 91 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 8), LOCATED AT THE SOUTHEAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE IN THE "WATSON I-15 BUSINESS CENTER," AND MAKINGFINDINGSINSUPPORTTHEREOF-APN 0229-121-37 AND 39 THRU 41, 43, AND 44 A Rentals 1 Panattoni Development filed an application for the approval of Development Review DRC2004-00866, for the development of 4 mdustnal buildings totaling 303,580 square feet on 12 91 acres of land within the General Industnal Distnct 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal prerequisites pnor to the adoption of this Resolution have occurred • B Resolution NOW, THEREFORE, it is hereby found, detennmed, and resolved bythe 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 dunng the above- referenced public heanng on May 12, 2004, including wntten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to mfill properties located at the southeast comer of Arrow Route and Rochester Avenue, within an existing mdustnal business park, and b The application contemplates the construction of 4 Industnal warehouse bwldings totaling 303,580 square feet, and c The proposed protect, together with the conditions applicable thereto, wdl not be detnmental to the public health, safety, or welfare or matenally intunous to properties or improvements in the viGnity 3 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng and upon the specific findings of facts set forth m paragraphs 1 and 2 • above, this Commission hereby finds and concludes as follows a The proposed protect is consistent vnth the General Plan, and i~{'~ t '.J PLANNING COMMISSION RESOLUTION NO 04-55 DRC2003-00866 - PANATTONI DEVELOPMENT • May 12, 2004 Page 2 b The design or improvements of the proposed protect is consistent month the Development Code, and the purposes of the distnct in which the site is located, and The site is physically suitable for the type of development proposed, and d The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, and e The proposed protect is not likely to cause senous public health problems 4 Based upon the facts and information contained in the proposed Mitigated Negative Declaration, togetherwith all wntten and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the protect will have a significant effect upon the environment and adopts a Mitigated Negative Decaration and Monitonng Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a That the Mitigated Negative Decaration has been prepared incompliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Decaration and the India) Study prepared therefore reflect the independent tudgment of the Plamm~g Commission, and, further, this • Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application b Although the Mitigated Negative Declaration identifies certain significant environmental effects that vinll result if the protect is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the protect, which are listed below as conditions of approval c Pursuant to the provisions of Section 753 5(c) of Title 14 of the Califomia Code of Regulations, the Planning Commission finds as follows In considenng the record as a whole, the Initial Study and Mitigated Negative Declaration for the protect, there is no evidence that the proposed protect will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Plamm~g Commission dunng the public heanng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(c-1-d) of Title 14 of the Califomia Code of Regulations 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every conddion set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Plannma Division 1) No wall shall exceed an exposed height of 8 feet as viewed from adjacent properties and street 2) No chain link fencing is permitted • 3) Provide tables, chairs, and shade for outdoor employee eating areas ~~ PLANNING COMMISSION RESOLUTION NO 04-55 DRC2003-00866 - PANATTONI DEVELOPMENT • May 12, 2004 Page 3 4) Truck parking spaces shall be a minimum of 14 feet wide by 50 feet deep Engineenna Droision 1) The drainage runoff from these developed site(s) shall not adversely affect the existing developed sites downstream Forsump catch basins in the pnvate stone drain, the storm drain from the sump area shall have a total outlet capacity to handle Quo and a secondary surface overflow shall be provided to handle the Qioo if the sump outlet is plugged a) If over-flows are directed to Jersey Court, the existing curbside drain(s) will need to be increased in size and/or number in order to handle the Q,oo b) If over-flows are directed to Rochester Avenue, curbside dram outlets will need to be installed and will be sized to handle the Oioo c) Sumps in the pnvate storm dram system shall be designed for O,oo and the pond depth can be no greater than 12 inches in • automobile parking areas (16 inches in truck parking areas) 2) Revise existing Public Street Improvement Plans for RochesterAvenue to show new storm drain faalities On Rochester Avenue, remove the abandoned dnve approach and replace with curb and gutter On Arrow Route and Rochester Avenue provide andlor protect sidewalk, street tree(s), streetlights, landscaping, street signs, stnping, etc or replace On the Title Sheet of the plans revise the street tree table and construction notes as requved by the City Engineer 3) Relocate existing trees to accommodate new dnve approaches or provide new trees Provide additional street trees per City Standards, to the satisfaction of the Gty Engineer 4) Protect all existing street improvements on Rochester, Arrow and Jersey Court in place, including, but not limited to, curb and gutter, sidewalk, streetlights, and street trees, or replace as required by the Gty Engineer 5) The existing overhead utilities (telecommunications and electncal, except for the 66kV electncal) on the project side of Arrow Route (existing Parcel 6, PM10782) shall be undergrounded along the entire project frontage, extending from the first pole off site west of Rochester Avenue to the first pole east of the protect boundary, pnor to public improvement acceptance or occupancy, whichever occurs first All • services crossing Arrow Route shall be undergrounded at the same time The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future ~S~ PLANNING COMMISSION RESOLUTION NO 04-55 DRC2003-00866 - PANATTONI DEVELOPMENT • May 12, 2004 Page 4 development (redevelopment) as it occurs on the opposite side of the street If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all nghts of the developer to reimbursement shall terminate Environmental Mitigation Arr Quality 1) All construction equpment shall be maintained in good operating condition so as to reduce operational emissions The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for Gty venfication 2) Pnor to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction • measures imposed by the South Coast Air Quality Management Distnct (SCAQMD) as well as City Planrnng Staff 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions Reestablish ground cover on the construction site through seeding and watenng Pave or apply gravel to any on-site haul roads Phase grading to prevent the susceptibility of large areas to erosion over extended penods of time Schedule activities to minimize the amounts of exposed excavated sod dunng and after the end of work penods Dispose of surplus excavated matenal in accordance with local ordinances and use sound engineenng practices Sweep streets according to a schedule established by the City if • silt is tamed over to adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction I~ '° j L/ PLANNING COMMISSION RESOLUTION NO 04-55 DRC2003-00866 - PANATTONI DEVELOPMENT • May 12, 2004 Page 5 Suspend grading operations dunng high winds (i a ,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions 8) The construction contractor shall utilize electnc or clean altematrve fuel powered equipment where feasible g) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use 10) All mdustnal and commercial facilities shall post signs requmng that trucks shall not be left idling for prolonged penods (i e , in excess of 10 minutes) 11) All mdustnal and commercial facilities shall designate preferential parking for vanpools 12) All mdustnal and commercial site tenants ~nnth 50 or more employees shall be required to post both bus and Metrolmk schedules in conspicuous areas 13) All mdustnal and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolmk schedule to the extent reasonably feasible Cultural Resoun:es 1) If any prehistonc archaeological resources are encountered before or dunng grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropnate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will Enact intenm measures to protect undesignated sites from • demolition or significant modification without an opportunity for the City to establish its archaeological value ~ / r- ~ PLANNING COMMISSION RESOLUTION NO 04-55 DRC2003-00866 - PANATTONI DEVELOPMENT . May 12, 2004 Page 6 Consider establishing provisions to regwre incorporation of archaeological sites within new developments, using theirspeGal qualities as a theme or focal point Pursue educating the public about the area's archaeological hentage Propose mitigation measures and recommend conditions of approval to eliminate adverse proled effects on significant, important, and unique prehistonc resources, follovng appropnate CEQA gwdehnes Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report with ongmal illustrations, to the San Bernardino County Archaeological Information Center for permanent archrvmg 2) A qualified paleontologist shall conduct a preconstruction field surveyof the protect site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i a ,paleontological monitonng) that may be appropnate • Where mitigation monitonng is appropnate, the program must include, but not be limited to, the following measures Assign a paleontological monitor, trained and egwpped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunng the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing actvities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit a summary report to City of Rancho Cucamonga Transfer collected specimens with a copy of the report to the San Bemardmo County Museum Geology and Sods 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 2) Frontage public streets shall be swept according to a schedule established by the Gty to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon the • time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site dunng such episodes ~i~ PLANNING COMMISSION RESOLUTION NO 04-55 DRC2003-00866 - PANATTONI DEVELOPMENT . May 12, 2004 Page 7 4) Chemical soil-stabilizers (approved by SCAQMD and RWOCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~a emissions Hydrology and Water Quality 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the protect where appropnate Measures that maybe used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bncks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins 2) Pnor to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) that identifies Best Management Practices (BMPs) to be implemented dunng the penod the site is under construction BMPs shall be identified on the grading plans for review and approval by the Cdy Engineer 3) Pnor to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a protect descnption and identifying BMPs that wdl be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2000 4) Pnor to issuance of grading or paving permits, the applicant shall submit to the Gty Engineer a Notice of Intent (NOI) to comply vnth obtaining coverage under the National Pollution Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Perrot Norse 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly noise level monitonng as speafied in Development Code • Section 17 02 120 Monitonng at other times may be required by the Planning Diwsion The said consultant shall report their findings to the Planning Division within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the ~~ PLANNING COMMISSION RESOLUTION NO 04-55 DRC2003-00866 - PANATTONI DEVELOPMENT May 12, 2004 Page 8 Planning Division If noise levels exceed the above standards, then construction activities shall be reduced m intensity to a level of compliance vwth above noise standards or halted 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Macias, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 2004, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~ ~Y U City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Development Review DRC2003-00866 This Mitigation Monitoring Program (MMP) has been prepared for use m implementing the mitigation measures identified m the Mitigated Negative Declaration fortheabove-listed protect This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1 Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect. 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported 3 The MMP has been designed to provide focused, yet flexible gwdelmes As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the protect The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the protect file with the department having the original authority for processing the protect Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 ~" DRC2003-00107 AND SUBTPM16123 PANATTONIDEVELOPMENT Page 2 3 Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the prolect planner or responsible City department, to morntor specific mitigation activities and provide appropriate written approvals to the prolect planner 4 The prolect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form After each measure is verified for compliance, no further action is required for the specific phase of development 5 All MMP Reporting Forms for an impact issue requiring no further monitoring wdl be signed off as completed by the prolect planner or responsible City department at the bottom of the MMP Reporting Form 6 Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures The prolect planner is responsible for approving any such refinements or additions An MMP Reporting Form will be completed by the prolect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel i 7 The prolect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwritten notification has been issued The prolect planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The prolect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented 8 Any conditions (mitigation) that require monitoring after prolect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time 9 In those instances requiring long-term prolect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the prolect site and reporting the monitoring results to the City Said plan shall identify the reporter as an indiwdual qualified to know whether the particular mitigation measure has been implemented The monitormg/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits • r~~ ~ s • MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC2003-00866 Applicant: Panattoni Development Initial Study Prepared by: Douglas Fenn. Associate Planner Date: March 16, 2004 \1 ~1 ~ . •. .. Air Quahiy . , _ m ,~ ~ ~ ~,~;~ , ~ r S~ -r~ ba. „ .FV` ' All construction egwpment shall be maintained m good CP C Review of Plans AIC 2/4 operating condition so as to reduce operational emissions Contractor shall ensure that all construction egwpment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City venficahon Prior to the issuance of any grading permits, developer CP/CE C Review of Plans C 2 shall submit construction plans to City denoting the proposed schedule and protected egwpment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the SCAOMD as well as City Planning Staff All paints and coatings shall meet or exceed CP C Review of Plans AIC 2l4 performance standards noted in SCAOMD Rule 1113 Paints and coatings shall be applied either by hand or high volume, low-pressure spray All asphalt shall meet or exceed performance standards BO B Review of Plans AIC 2 noted in SCAOMD Rule 1108 All construction egwpment shall comply with SCAOMD CE C Review of Plans A/C 2/4 Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site CE C Review of Plans AIC 2l4 throu h seedin and waterin • Pave or apply gravel to any on-site haul roads CE C Review of Plans A/C 2/4 1 of 6 ~. .. • Phase grading to prevent the susceptibility of large CE C Review of Plans A/C 2l4 areas to erosion over extended eriods of time • Schedule activities to minimize the amounts of CE C Review of Plans AIC 2/4 exposed excavated soil dunng and after the end of work eriods • Dispose of surplus excavated matenal in CE C Review of Plans A 4 accordance with local ordinances and use sound en ineerin radices Sweep streets according to a schedule established CE C by the City if sdt is corned over to adjacent public During A 4 thoroughfares or occurs as a result of hauling Construction Timing may vary depending upon time of year of construction • Suspend grading operations during high winds (i e , gO/CE C During A 4 wind speeds exceeding 25 mph) in accordance with Rule 403 re uirements Construction • Maintain a minimum 24-inch freeboard ratio on soils CE C Durng A 4 haul trucks or cover payloads using tarps or other Construction suitable means The site shall be treated with water or other soil BO/CE C During A 4 stabilizing agent (approved by SCAQMD and RWOCB) Construction daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 Chemical soil stabilizers (approved by SCAQMD and BOICE C During A 4 RWOCB) shall be applied to all inactive construction Construction areas that remain inactive for 96 hours or more to reduce PM,a emissions The construction contractor shall utilize electric or clean CE C Review of Plans AIC 4 alternative fuel powered equipment where feasible The construction contractor shall ensure that CE C Review of Plans A/C 2/4 construction-grading plans include a statement thatwork crews will shut off egwpment when not in use Ail industrial and commercial facilities shall post signs BO C Review of Plans A 4 requving that trucks shall not be left idling for prolonged periods (i e , in excess of 10 mmutes) All industnal and commeraal facilities shall designate CP C Review of Plans A/C 2/3 preferential parking for vanpools 2 of T f ~~ ~ • . . .. All industrial and commercial site tenants with 50 or CP C Review of Plans D 2l3 more employees shall be requred to post both bus and Metrolink schedules in conspicuous areas All industrial and commercial site tenants with 50 or CP C Review of plans D 2l3 more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible Cultural Resources ' If any prehistoric archaeological resources are encountered before or during grading, the developerwill retain a qualified archaeologist to monitor construction actroities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will Enact intenm measures to protect undesignated CP/BO C RewewofReport AID 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeolo ical value • Consider establishing provisions to regwre CPIBO C Review of Report AID 3l4 incorporation of archaeological sites within new developments, using their speaal qualities as a theme or focal oint • Pursue educating the public about the CPIBO C RewewofReport AID 3/4 archaeolo ical herita a of the area • Propose mitigation measures and recommend CP/BO C RewewofReport A/D 3/4 conditions of approval to eliminate adverse protect effects on significant, important, and unique prehistoric resources, following appropriate CEQA wdelines • Prepare a technical resources management report, CP C Review of Report AID 3l4 documenting the inventory, evaluation, and proposed mitigation of resources within the protect area Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archivin 3of6 .. .. „, ~. .. .. • A qualified paleontologist shall conduct a CP B Review of Report A/D 4 preconstruction field survey of the project site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological momtonng) that may be appropriate Where mdigation monitoring is appropriate, the program must include, but not be limited to, the followin measures • Assign a paleontological monitor, trained and CP B Review of Report AID 4 equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunn the interval of earth-dis[urbin actrodies Should fossils be found within an area being cleared BO B/C Review of Report A/D 4 or graded, droert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and note the monitor of the find • Submit summary report to City of Rancho CP D Review of Report D 3 Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum Geology and Soils - ., ? ~ ; ~~ ,°"<.:` ,r;°x ~~; t- ~~~r`y;;y '~yg ~ ,rra~,;~, *.: Y~F ' V ^~i „ , R, ~ .w l.. eY R 1 L The site shall be treated with water or other soil BO/CE C During A 4 stabilizing agent (approved by SCAOMD and RWOCB) Construction daily to reduce PM~o emissions, in accordance with SCAOMD Rule 403 Frontage public streets shall be swept according to a CE C During A 4 schedule established by the City to reduce PM~o Construction emissions assoaated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction Grading operations shall be suspended when wind BOICE C During A 4 speeds exceed 25 mph to minimize PM,o emissions Construction from the site during such episodes . 4 of l . . .. . . . . .. ... .. . . - ~. .. Chemical soil-stabilizers (approved by SCAOMD and BO/CE C During A 4 RWQCB) shall be applied to all inactive construction Construction areas that remain inactive for 96 hours or more to reduce PM~a emissions Hydrology and W ater Quality - - ~ ' ' ` ~ - ~ "~ ~'°*'~•?*r~~+~,rr ~ v~ ~.a~~-~ _ ~ Structures to retain precipdation and runoff on-sde shall CE B/C/D Review of Plans A/C 2l4 be integrated into the design of the protect where appropriate Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces , diversions, runoff spreaders, seepage pits, and recharge basins Prior to issuance of grading permits, the applicant shall CE BICID Review of Plans AIC 2/4 prepare a SWPPP that identifies Best Management Practices (BMPs) to be implemented during the period the sde is under construction BMPs shall be identified on the grading plans for review and approval by the City Engineer Prior to issuance of bwlding permits, the applicant shall CE BICID Review of Plans A/C 2/4 submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a protect description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent with the Gwdelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2000 Prior to issuance of grading or paving permits, the CE B/C/D Review of Plans A/C 2/4 applicant shall submit to the City Engineer a Notice of Intent (NOI) to complywith obtaining coverage under the National Pollution Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit 5of6 •- _ „~,.~, Noise ~ ~ . _ , , -., +"~,. ,~ , r .. , . .. ~ . 'F"~, . , Construction orgrading shall not take place between the BO C During A 4 hours of 8 00 p m and 6 30 a m on weekdays, Construction including Saturday, or at any time on Sunday or a national holiday Construction orgrading noise levels shall not exceed the CP C During q q standards specified in Development Code Section Construction 17 02 120-D, as measured at the property line The developer shall hire a consultant to pertorm weekly noise Ievei monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be required by the Planning Division The said consultant shall report their findings to the Planning Division within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted Key to Checklist Abbrevlattons Responsible+Person Monitodng,Frequencyy ~>~,,,; ~.`iy'~ MethoA of~,YeilflcaBon,:~"t+-~ ..~~3~ N/~`w,~~~"~ Sancttons ~~+ CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP -City Planner or designee B - Pnor To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Building Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold CertiFlcate of Occupancy BO -Building Official or designee D - On Completion D -Separate Submittal (Reports (Studies /Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Depositor Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 -Citation 6 of~ • • COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2003-00866 SUBJECT: Four Industnal Buddmgs APPLICANT: Panattoni Development LOCATION: Southeast Corner of Arrow Route and Rochester Avenue ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees maybe required by a court to pay as a result of such action The City may, at its sole discretion, participate at its own expense in the defense of any such action but such partiapation shall not relieve applicant of his obligations under this condition Copies of the signed Planning Commission Resolution of Approval No 04-55, Standard Conditions, 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 constructionlgrading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. Site Development The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Droision, the condi4ons contained herein, and the Development Code regulations SC-1-04 Comole6on Date / / / / / / / / i \plamm~g\final\pingcomm\dre2003-00866cond S12 doc ~ ~~ Protect No DRC2003-00866 Comolenon Date 2 Prior to any use of the protect site or business activity being commenced thereon, all Conditions _/_/~ of Approval shall be completed to the satisfaction of the City Planner 3 Occupancy of the facilities shall not commence until such time as all Uniform Bwiding Code and _/_/_ State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance The bwidings shall be inspected for compliance prior to occupancy 4 Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for City Planner review and approval pricr to the issuance of bwldtng permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes fast 6 Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance 7 A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved ~_/_ by the Ctty Planner and Police Department (477-2800) prior to the tssuance of building permits Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adtacent properties 8 Trash receptacle(s) are required and shall meet City standards The final design, locations, and _/~_ the number of trash receptacles shall be subtect to City Planner review and approval pnor to the issuance of building permits shall be nsers etc d AC / /~ 9 , , con e All ground-mounted utility appurtenances such as transformers, _ _ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Ctty Planner For single- family residential developments, transformers shall be placed to underground vaults 10 All bwldtng numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination 11 All parkways, open areas, and landscaptng shall be permanently maintained by the property _/_/_ homeowners' association, or other means acceptable to the City Proof of this landscape owner , maintenance shall be submitted for City Planner and Ctty Engineer review and approved prior to the issuance of bwldtng permits D. Bui lding Design 1 All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ protections, shall be shielded from view and the sound buffered from adtacent properties and streets as required by the Planning Division Such screening shall be architecturally integrated with the bwldtng design and constructed to the satisfaction of the City Planner Details shall be included in building plans 2 For commeraal and industrial protects, paint roll-up doors and service doors to match main _/_/_ building colors E. Par king and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long When a side of any parking space abuts _/_/~ a bwldtng, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide SC-1-04 i \plannmg\fina6pingcomm\dre2003-00866cond 5-12 doc F~ ~ / Pro)ect No DRC2003-00866 Completion Date 2 All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb) 3 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 4 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be stnped per City standards 5 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more ~_/_ parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped 6 Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent The area for motorcycle parking shall be a minimum of 56 square feet F. Trip Reduction 1 Carpool and vanpool designated off-street parking close to the building shall be provided for ~_/_ . commercial, office, and Industrial facilities at the rate of 10 percent of the total parking area If covered, the vertical clearance shall be no less than 9 feet 2 Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other -J~- non-residential development 3 For Industrial prolects with at least 40 car parking spaces, bicyclist-changing facilities shall be _/_/_ provided to encourage bicycle commuting Accessible restrooms with storage lockers for clothing and equipment shall be sufficient G. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping In ~~_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval In the case of a custom lot subdivision 2 Existing trees required to be preserved In place shall be protected with a construction barrier In _/_J_ accordance with the Municipal Code Section 19 08 110, and so noted on the grading plans The location of those trees to be preserved In place and new locations for transplanted trees shall be ' s shown on the detailed landscape plans The applicant shall follow ail of the arborlst recommendations regarding preservation, transplanting, and trimming methods 3 A minimum of 20°/, of trees planted within industrial prolects, and a minimum of 30% within _/_/._ commercial and office prolects, shall be specimen size trees - 24-inch box or larger 4 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_1_ stalls 5 Trees shall be planted In areas of public view adjacent to and along structures at a rate of one _J-/- tree per 30 linear feet of bwlding 6 All pnvate slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 ~_/- slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting required by this section shall include a permanent irrigation system to be . installed by the developer prior to occupancy SC-1-04 i \planning\final\pingcomm\dre2003-00866cond 5-12 doc ~ _ ~`~ Protect No DRC2003-00866 Comolehon Date 7 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 8 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in _/_/_ the requred landscape plans and shall be sublect to Cary Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division 9 Landscaping and urigation systems required to be installed within the public right-of-way on the _/_/_ perimeter of this protect area shall be continuously maintained by the developer 10 All walls shall be provided with decorative treatment If located in public maintenance areas, the ~_/_ design shall be coordinated with the Engineering Division 11 Tree maintenance criteria shall be developed and submitted for City Planner review and approval ~_/_ prior to issuance of bulding permits These criteria shall encourage the natural growth characteristics of the selected tree species 12 Landscaping and irrigation shall be designed to conserve water through the principles of ~~_ Xeriscape as defined in Chapter 19 16 of the Rancho Cucamonga Municipal Code H. Signs 1 The signs indicated on the submitted plans are conceptual only and not a part of this approval ~_/ Any signs proposed for this development shall comply with the Sign Ordinance and shall regwre ~ separate application and approval by the Planning Division prior to installation of any signs 2 A Uniform Sign Program for this development shall be submitted for City Planner review and ~/_ approval prior to issuance of building permits I. Environmental 1 Mitigation measures are required for the protect The applicant is responsible for the cost of _/~_ implementing said measures, including monitoring and reporting Applicant shall be regwred to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 719 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit J. Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location _/_/_ of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be sublect to City Planner revew and approval prior to the issuance of building permits • SC-1-04 i \planning\final\pingcomm\dre2003-00866cond 5-72 doc 4 / ~~ Protect No DRC2003-00866 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS• NOTE. ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1 Submit five complete sets of plans including the following -/-/- a Site/Plot Plan, b Foundation Plan, c Floor Plan, d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and av conditioning, and g Planning Diwston Protect Number (i e , DRC2003-00866) clearly identified on the outside of all plans 2 Submft two sets of structural calculations, energy conservation calculations, and a soils report -/-/- Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal 3 Contractors must show proof of State and City licenses and Workers' Compensation coverage to -/-/- the Cfty pnor to permit issuance 4 Separate permits are requred for fencing and/or walls /-/- 5 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the -/-/- Bwlding and Safety Division L. Site Development 1 Plans shall be submitted for plan check and approved prior to construction All plans shall be -/-/- marked with the protect file number (t e , DRC2001-00001) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Dmsion for availabilityof the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new commercial or industrial development protect or -/~- maforaddition, the applicant shall pay development fees at the established rate Such fees may include but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Budding and Safety Division pnor to permits issuance 3 Street addresses shall be provided by the Bulding and Safety Official after tract/parcel map -//- recordation and prior to issuance of bwlding permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday -/~- . through Saturday, with no construction on Sunday or holidays SC-1-04 i \plenning\final\pingcomm\dre2003-00866cond 5-t2 doc ~-~ 7 Protect No DRC2003-00866 Comoletion Date 5 Construct trash enclosure(s) per City Standard (available at the Planning Droision's public _/_/~ counter) M. New Structures 1 Provide compliance with the California Bulding Code (CBC) for property line clearances _/_-/_ considering use, area, and fue-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations _/_/_ 3 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC ~~_ Section 1505 4 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A ~_/_ 5 Openings in exterior walls shall be protected in accordance with CBC Table 5-A ~~_ 6 Upon tenant improvement plan check submittal, additional regwrements may be needed _/~_ N. Grading 1 Grading of the subject property shall be in accordance with California Bulding Code, City Grading _/~_ Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ pertorm such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/~ time of application for grading plan check 4 The final grading, 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 plan check submittal is regwred for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1 Reaprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by _/_/_ deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved 2 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/~_ noted on the final map J SC-1-04 i \planning\final\pingcomm\dre2003-00866cond 5-12 doc 6 /~- 7~' Project No DRC2003-00866 Comoletion Date P. Street Improvements 1 Pursuant to City Co of energy, fuel or po and for which a per ordinances, all imp completed and act one building or unit those buildings, or conditions of appro units be connected these conditions of 2 Improvement Plans a Street improv on future sig Engineer and posted and a Attorney guar final map app b Pnor to any construction other permits c Pavement str interconnect c d Signal condw project along interconnect w of BCR, ECR Notes 1) Pull box feet apa 2) Condwt e Handicapped Standards or f Existing City adequate deto deposit shall b upon complet g Concentrated installed to City h Street names 3 Street trees, a minim accordance with the until Resolution No 88-557, no person shall make connections from a source _/_/_ wer to any building service egwpment which is regulated by technical codes mit is required unless, in addition to any and all other codes, regulations and rovements required by these conditions of development approval have been epted by the City Council, except that in developments containing more than the development may have energy connections made to a percentage of units proportionate to the completion of improvements as regwred by val of development In no case shall more than 95 percent of the buildings or to energy prior to completion and acceptance of all improvements regwred by approval of development and Construction ement plans, including street trees, street lights, and intersection safety I~ghts _/_/_ nal poles, and traffic signal plans shall be prepared by a registered Civil shall be submitted to and approved by the City Engineer Security shall be n agreement executed to the satisfaction of the City Engineer and the Cary anteeing completion of the public and/or private street improvements, prior to royal or the issuance of building permits, whichever occurs first work being performed in public right-of-way, fees shall be paid and a _/_/_ permit shall be obtained from the City Engineer's Ofiice in addition to any required iping, marking, traffic signing, street name signing, traffic signal conduit, and _/_/_ onduit shall be installed to the satisfaction of the City Engineer t with pull boxes shall be installed with any new construction or reconstruction _/_/_ major or secondary streets and at intersections for future traffic signals and firing Pull boxes shall be placed on both sides of the street at 3 feet outside or any other locations approved by the City Engineer es shall be No 6 at intersections and No 5 along streets, a maximum of 200 rt, unless otherwise specfied by the City Engineer shall be 3-inch galvanized steel with pull rope or as specified access ramps shall be installed on all corners of intersections per City _/~_ as directed by the City Engineer roads regwring construction shall remain open to traffic at all times with _/~_ urs during construction Street or lane closure permits are regwred A cash e provided to cover the cost of grading and pawng, which shall be refunded ion of the construction to the satisfaction of the City Engineer drainage flows shall not cross sidewalks Under sidewalk drains shall be _/_/_ Standards, except far single family residential lots shall be approved by the City Planner prior to submittal for first plan check _/_/_ um of 15-gallon size or larger, shall be installed per City Standards in _!_/_ Crty's street tree program SC-1-04 i \plannmg\Lnal\pingcomm\dre2003-00866cond 5-12 dot /-' - 7 Protect No DRC2003-00866 Completion Date Q. Public Maintenance Areas 1 A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting _/_/_ Districts shall be filed with the City Engineer prior to final map approval or issuance of bulding permits whichever occurs first Formation costs shall be borne by the developer R. Drainage and Flood Control 1 Adequate provisions shall be made for acceptance and disposal of surface drainage entering the ~_/_ property from adjacent areas S. Improvement Completion 1 If the requred public improvements are not completed prior to approval of the final parcel map, _/~_ an improvement security accompanied by an agreement executed by the Developer and the City will be required for Tentative Tract Map 16466 T. Utilities 1 Provide separate utility services to each parcel including sanitary sewerage system, water, gas, _/_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards Easements shall be provided as required 2 The developer shall be responsible for the relocation of existing utilities as necessary _/_/_ 3 Water and sewer plans shall be designed and constructed to meet the requirements of the _/_J Cucamonga County Water District (CCW D), Rancho Cucamonga Fire Protection District, and the ~ Environmental Health Department of the County of San Bernardino A letter of compliance from the CCW D is regwred 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 4 Approvals have not been secured from all utilities and other interested agencies involved _/_/_ Approval of the final parcel map will be subject to any regwrements that may be received from them U. General Requirements and Approvals 1 The separate parcels contained within the project boundaries shall be legally combined into one ~_/_ parcel prior to issuance of building permits 2 Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall _/_/_ be paid for the Construction and Demolition Diversion Program The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Division when the first building permit application is submitted to Bwlding and Safety Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition project L-~ SC-1-04 i planning\hna6pingcomm\dre2003-00866cond 5-12 doc ~ x Project No DRC2003-00666 Completion Date APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: V. Security Lighting All parking, common, and storage areas shall have minimum maintained 1-foot candle power These areas should be lighted from sunset to sunrise and on photo sensored cell All bwldings shall have minimal security lighting to eliminate dark areas around the bwldings, with direct lighting to be provided by all entryways Lighting shall be consistent around the entire development Lighting in exterior areas shall be in vandal-resistant fixtures W. Security Hardware One-inch single cylinder dead bolts shall be installed on all entrance doors If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used All garage or roiling doors shall have slide bolts or some type of secondary locking devices L._J X. Security Fencing All businesses or residential communities with security fencing and gates will provide the police with a keypad access and a unique code The initial code is to be submitted to the Police Crime Prevention Unit along with plans If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at (909) 941-1488 or by contacting the Crime Prevention Unit at (909) 477-2800 extension 2474 or extension 2475 Y. Building Numbering Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility Developer shall paint roof top numbers on one or more roofs of this development They shall be a minimum of three feet in length and two feet in width and of contrasting color to background The stencils for this purpose are on loan at the Rancho Cucamonga Police Department Z. Alarm Systems Install a burglar alarm system and a panic alarm if needed Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED i SC-1-04 -~-~- -~-~- -/_J- -~-~- -~-~- -~-~- -~-~- -~-~- -~-~- i \planning\final\pingcomm\dre2003-00866cond 5-12 doc ~ X / RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STANDARD CONDITIONS November 6, 2003 Panattoni Development SEC Rochester & Arrow (4) Concrete Tilt-up Buildings DRC2003-00866 Reciprocal water (fire) supply agreement and non-buildable easement must be recorded prior to building permit issuance. Proof of existing reciprocal easement with adjacent property must submitted prior to permit issuance. See letter of obligation by Michael Johnson dated November 5, ~nn~ FSC-1 General Requirements for Public and Private Water Supply General Guidance for Fire Hydrants: The following provides general guidance for the spacing and location c fire hydrants Remember these are the maximum permitted distances between fue hydrants a The maximum distance between fire hydrants in commercial/industrial protects is 300-feet No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant For cut-de-sacs the distance shall not exceed 100-feet b The maximum distance between fire hydrants in multi-family residential is 400-feet No portion of the exterior wall shall be located more than 200-feet from an approved fve hydrant For cut-de-sacs the distance shall not exceed 150-feet c The maximum distance between fire hydrants in single-family residential protects is 500-feet No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant For cut-de-sacs the distance shall not exceed 200 ft d For single-family residential protects in the designated Hazardous Fire Area the maximum distance between fire hydrants is 400-feet No portion of the exterior wall facing the addressed street shall be more than 200-feet from an approved fire hydrant For cut-de-sacs the distance shall not exceed 150 ft e Fire hydrants are to be located 1 At the entrance(s) to a protect from the existing public roadways This includes subdivisions and industrial parks 2 At intersections 3 On the right side of the street, whenever practical and possible 4 As requred by the Fire Safety Division to meet operational needs 5 The location of fire hydrants is based upon the operational needs of the Fire District to control a fire 6 Fire hydrants shall be located a minimum of 40' from any bwiding Minimum Fire Flow with Automatic Fire Sprmklers• The required minimum fire flow for this protect is 40t~ gallons per minute at a minimum residual pressure of 20 pounds per square inch This flow reflects a 5 percent reduction for the installation of an approved automatic fire sprinkler system with central station monitoring This requirement is made in accordance with Fire Code Appendix III-A, as amended, and Fire District Ordinances and Standards r U~ Page 1 of 7 3 Hydrants Used to Supply Fire Flow Public fire hydrants located within a 500-foot radius of the proposed protect maybe used to provide the requred fire flow subtect to Fire District review and approval Private fire hydrants on adtacent property shall not be used to provide required fire flow FSC-2 Private (On-Site) Water and/or Fire Spnnkler Underground Plans for Fire Protection 1 Exceeds Allowable Distance. When any portion of a facility or bulding is located more than 150-feet from a fire hydrant located on a public street, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains capable of supplying the regwred fire flow shall be provided The distance is measured as vehicular path of travel on access roadways, not line of sight 2 Number of Fire Hydrants Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof, subtect to standard spacing and distribution regwrements 3 Fire Sprinkler Underground• Prior to the issuance of a fire sprinkler system permit, the applicant shall submit construction plans, specifications, and calculations for the fire sprinkler system underground to the Fire Safety Division for approval FSC-3 Automatic Fire Spnnkler Systems- Technical Comments 1 Required Installations: Rancho Cucamonga Fire District Ordinance 15 or other adopted code or standard, requires an approved automatic fire sprinkler system to be installed in any of the following a Commercial or industrial structures greater than 7,500 square feet b All structures that do not meet Fire District access regwrements (See Fire Access) c When required fire flow cannot be provided due to inadequate flow or pressure 2 Access Mitigation• Any structure or bulding that does not meet minimum Fire District access regwrements shall be protected by an approved automatic fire sprinkler system FSC-4 Fire Distract Site Access-Technical Comments 1 Access Roadways Defined• Fire District access roadways include public roads, streets, and highways, as well as private roads, streets, drive aisles and designated fire lanes 2 Location of Access: All portions of the structure or facility or any portion of the exterior wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the bwldmg Landscaped areas, unpaved changes in elevation, gates, and fences are an obstruction 3 Private Roadways and Fire Lanes. The minimum specifications for private fire district access roadways are a The minimum unobstructed width is 26-feet b The inside turn radws shall not be larger than 24-feet c The outside turn radius shall be not less than 50-feet d The minimum radius for cul-de-sacs is 45-feet e The minimum vertical clearance is 14 feet, 6 inches f At any private entry median, the minimum width of traffic lanes shall be 20-feet g The angle of departure and approach shall not exceed 9 degrees or 20 percent h The maximum grade of the driving surface shall not exceed 12% ~~ Page 2 of 7 i Support a minimum load of 70,000 pounds gross vehicle weight (GVW) 4 Access Doorways In addition to any exterior opening regwred by the Bwlding or Fire Code, approved doorways, accessible without the use of a ladder, shall be provided as follows a In bwidings without high-piled storage, one or more approved access doors shall be provided in150 lineal feet or motor fraction thereof along the exterior wall that faces regwred access roadways or walkwa s 5 Access Walkways. Approved access walkways shall be provided from the fue apparatus access road to all required bulding exterior openings 6 Gates Standards: All gates shall be installed in accordance with Fire District Standards The following general design requirements apply a The gate shall be motorized and slide open horizontally or swing inward b All gates must fully open with one second for each one foot of regwred width, e g , 20-ft /20 sec c When fully open the minimum width shall be 20-feet d Gates on access roads designated "Emergency Services Use Only" may be manually opening e Gates on Commercial/Industrial faalities may be manually operated f After protect approval the applicant shall contact the Fire Safety Division for complete standard 7 Vegetation: Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14-feet, 6- inches from the ground up, so as not to impede fire vehicles Contact the Fire Construction Services (909) 477-2713 8 Fire Lane Identrficatron• All required fire lanes shall be identified by red curbing and signage A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved Contact the Rancho Cucamonga Fire Protection District at (909) 477-2770 for a copy of the FD Fire Lanes standard FSC-8 Fire Alarm System 1 Required Installation An automatic fue alarm (and detection) system is required by RCFPD Ordinance 15, based on use or floor area, or by another adopted code or standard Refer to Ordinance 15 and/or the California Fue Code for specific requirements FSC-10 Hazard Control Permits- Technical Comments The below indicated permit requirements are based on those permits commonly associated with the protects operations or building construction As noted below Special Permits may be required, dependent upon approved use(s) the applicant must contact the Fue Safety Division for specific information Note: Carefully review the items below. There may be significant impact on the proposed protect. Italicized text mdreates a Rancho Cucamonga Fire Distract amendment. 1 General Use Permit shall be required for any activity or operation not specifically described below, which in the tudgment of the Fue Chief is likely to produce conditions that may be hazardous to life or property 2 Operate a place of public assembly 3 Operate a repair garage (Motor Vehicle H-4) 4 Flammable finishes 5 Spraying or dipping operations, spray booths, dip tanks, electrostatic apparatus, automobile undercoating, powder coating, and organic peroxides and dual component coatings (per booth fee) Ci ( f- Page 3 of / • 6 Operate a mechanical refrigeration system (over 200-pounds of refrigerant) 7 Operate dust-producing processes and operations 8 Flammable and combustible liquid (storage, handling, and/or use) Storage of flammable and combustible liquids in outside aboveground storage tanks is prohibited by Rancho Cucamonga Fire Code 9 High piled combustible storage 10 Liquefied petroleum gas (storage, handling, use or transport, exceeding 100 gallons aggregate capacdy) On a scaled site plan show the occupancy or use of all butldings within a 'rz mile radius Storage exceeding 100 gallons aggregate capacity is not permuted within rz mile of residental areas 11 Hot work operations (welding and cutting operations in any occupancy) 12 Compressed natural gas Bulk storage is not permitted wdhin a 'rz mtle radius of any residential area Bulk storage in non-residential areas shall not exceed 183,000 aggregate capacity Contact Fire Safety Droision for additional information 13 Battery system - To install or operate lead-acid batteries over 100-gallon capacity 14 Cryogenics Flammable cryogenics are not permitted to be stored, dispensed, or used Contact the Fire Safety Division for additional information 15 Dry cleaning plant 16 Motor vehicle fuel-dispensing operation 17 Tire storage -Open area used to store more than 1,000 cubic feet of tires 18 Wood products -Store more than 200 cubic feet of chips, lumber, plywood, or hogged material FSC-11 Hazardous Materials -Compliance with Disclosure and Reporting Regulations The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-8412 for forms and assistance The County Fve Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the Cary of Rancho Cucamonga 1 Certificate of Occupancy Restrictions• If the faality is a NEW business, a Certificate of Occupancy issued by Building and Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan California Government Code, Section 65850 2 prohibits the City from isswng a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous material disclosure requirements A Risk Management Program (RMP) may also be requred if regulated substances are to be used or stored at the new faality Contact County Fire, Hazardous Materials Dwision at (909) 386-8412 for forms and assistance 2 Rental or Lease Properties: Any business that operates on rented or leased property, and is required to submit a Plan, is regwred to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates, and has complied with the provision, and must provide a copy of the Plan to the property owner within 5 working days after receiving a request from the owner FSC-12 Plan Submittal Regwred Notice Regwred plans shall be submitted and approved prior to construction in accordance with 2000/2001 Building, Fire, Mechanical, and Plumbing Codes, 1999 Electrical Code, Health and Safety Code, Public Resources Code, and RCFPD Ordinances FD15 and FD39, Gwdelines and Standards ~'~~ Page 4 of 7 FSC-14 Alternate Materials and Methods The Fire Safety Division will review requests for alternate materials and methods within the scope of our authority The request must be submitted on the Fue District "Application for Alternate Method" form along with supporting documents PRIOR TO (PARCEL) MAP RECORDATION- For Each Development Phase 1 Prior to the recordation of the applicable subdivision map, the Fire District in consultation with the City Engineer shall approve the locations of Traffic Signal Preemption Devices The subdivider shall enter into an agreement with the City for the installation of traffic signal preemption egwpment for the surrounding controlled intersections 2 Reciprocal Access Agreement: The plans as subm~ted indicate that a requred point of Fire District access a Requires passage on property not under the control of the applicant, or b Does not access a public way, or c Crosses a property line Please provide a permanent access agreement granting irrevocable use of the adtacent property for use by the Fire District to gain access to the subtect property The agreement shall include a statement that no obstruction, gate, fence, building, or other structure shall be placed within the dedicated access The recorded agreement shall include a copy of the site plan required below The agreement shall be recorded with the County of San Bernardino, Recorders Office The agreement shall be approved by the Fire Safety Division prior to recordation To assist the Fire Safety Division in reviewing the agreement the following shall be included in the submittal a Title Report. A current title report, policy of title insurance, or other equivalent documentation proving ownership of all property included in the agreement b Legal Description. A legal description of all property subtect to the agreement c Assessor's Parcel Numbers. The assessor's parcel numbers of each parcel subtect to the agreement d Site Plan: The access roadway shall comply with the requirements of Pnvate Roadways and Fire Lanes listed above A scaled site plan showing the path of the Fire District access, the width, turn radn, load-bearing capacity of roadway surface, etc shall be provided 3 Recrprocal Water Covenant and Agreement. The plans as submitted indicate that a required prroate fire mains or appurtenances thereto a Pass through or are located on property not under the control of the applicant, or b Crosses a property line Please provide a permanent maintenance and service agreement between the owner's granting a non- exclusive easement for the purpose of accessing and maintaining the private water mains, fve hydrants, and built-in fire protection systems The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District, Fire Safety Division The agreement shall be recorded with the County of San Bernardino, Recorders Office The agreement shall be approved by the Fire Safety Division prior to recordation PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1 Pnvate/On-site Frre Hydrants Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District Plans and installation shall comply with Fire District standards Contac the Fire Safety Division for a copy of "Fire District Notes for Underground and Water Plans " 2 Pnvate Fire Hydrants/On-site Instalfatron: All private on-site fire hydrants shall be installed, flushed, and o erable nor to delroenn an combustible buddm materials on-s de (i a ,lumber, roofin materials, etc ~, ~/~ Page 5 of 7 A representative of Fire Construction Services shall inspect the installation and witness hydrant flushing The builder/developer shall submit final test and inspection report to the Fire Safety Division 3 Public Fire Hydrants Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants far the review and approval by the Fire District and the W ater District On the plan show all existing fire hydrants within a 600-foot radws of the protect 4 Public Instalfat~on• All regwred public fue hydrants shall be installed, flushed, and operable prior to dehvenng any combustible budding materials on-site (i a ,lumber, roofing materials, etc) Water Distract personnel shall inspect the installation and witness hydrant flushing The builder/developer shall submit a copy of the Water District inspection report to the Fire Safety Diwsion Contact Water District to schedule testing 5 Bwldmg Use Letter- Required Letter Prior to the issuance of any bwlding permits, the applicant shall submit a detailed letter of intended use for each bulding on-sde to the Fue District for review and approval A form that may be used to meet this regwrement is attached at the end of the Fire District comments Provide a separate letter for each bwiding or structure with storage use areas 6 Combustible Construction Letter- Regwed Letter Prior to the issuance of a bwlding permit for combustible construction, the bwlder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-sde The roadway shall be maintained at all times PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1 Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On private property these markers are to be maintained ~n good condition by the property owner 2 Private Fire Hydrants- Final Acceptance• For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be conducted by the bwlder/developer in the presence of the Water District or Fire Construction Services, as appropriate The bwlder/developer shall submit the final test report to the Fire Construction Services 3 Fire Sprinkler System- Plans and Permit: Plans for the regwred automatic fire sprinkler system shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire Construction Services permit 4 Fire Sprinkler System- Final Inspection: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services 5 Sprinkler Monitoring The fire sprinkler system monitoring system shall be installed, tested, and operational immediately following the completion of the fire sprinkler system Monitoring is regwred with 20 sprinklers in Group I Occupancies, or 100 or more sprinklers in all other Occupancies 6 Fire Suppression System: Plans and specrfications for the fire suppression system for the protection of commeraal-type cooking egwpment or other special hazard shall be submitted to Fire Construction Services for revew and approval No work is allowed without a Fire Construction Services permit 7 Fire Alarm System Plans for the fire alarm system shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire District permit 8 Knox Rapid Entry System: A Knox rapid entry key vault shall be installed prior to final inspection Proof of purchase shall be submitted prior to final bulding plan approval Contact the Fire Safety Division for specific details and ordering information 9 Construction Access: Fire District access, a minimum 26-feet in width and 14-feet, 6-inches minimum clear height shall be provided These minimum clearances shall be maintained free and clear of any obstructions at all times, in accordance with Fire District Standards Contact the Fire Construction Services (909) 477-2713 10 Site Directory A bwlding or site directory shall be provided, as noted below a Lighted directory within 20-feet of each primary entrance to the site The site directory shall be constructed, located, and installed in accordance with Fire Safety Division Standards / ~~~ Page 6 of 7 b Standard Directory in building lobby 11 Pare Lanes Prior to the issuance of any Certificate of Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan The CC&R's or other approved documents shall contain an approved fire lane map and provisions that prohibit parking in the fire lanes The method of enforcement shall be documented The CC&R's shall also identify who is responsible for not less than annual inspection and maintenance of all regwred fire lanes Contact Building and Safety/Fire Construction Services (909) 477- 2713 12 Address- Other Than Smgle-family New buldings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness When the bwlding setback exceeds 200 feet from the public street an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance 13 Mutti-unit Complexes. In multiunit complexes approved address numbers, and/or bulding identification letters shall be provided on the front and back of all units, suites, or buildings The Fire District shall review and approve the numbering plan in coordination with the City of Rancho Cucamonga 14 Fire Suppression Systems- Final Inspection and Testing: Prior to the issuance of a Certificate of Occupancy, the fire suppression system(s) shall be tested and accepted by Fire Service Construction Services 15 Fire Alarm System- Final Inspection and Testing: Prior to the issuance of a Certrficate of Occupancy, the fire alarm (and detection) system(s) shall be tested and accepted by Fire Construction Services 16 High-pile Combustible Storage-permit: The applicant is regwred to obtain a Fire District Permit for Storage of High-pile Combustible material 17 High-pile Combustible Storage- plans: The applicant shall submit plans for the storage arrangement to Fire Construction Services The applicant shall submit detailed plans and a Commodity Analysis report to Fire Construction Services for approval If the oxupancy classification for the bwlding is designated as Group S, Division 2, commodities stored shall be limited to light hazard classification only 18 Hazardous or Flammable Liquid Storage Tanks- County Review. The plans for flammable or hazardous liquid storage tanks shall be reviewed and approved by the San Bernardino County Fire Department, Hazardous Materials Division/Tank Program Contact County Fire Dept at (909) 386-8407 19 Hazardous or Flammable Liquid Storage Tanks- Fire District Review: The plans for hazardous or flammable liquid storage tanks shall also be reviewed and approved by the Rancho Cucamonga Fire District, Fire Safety Dvision Contact RC Fire Dept at (909) 477-2770 20 Business Emergency/Contingency Plan: The applicant shall submit a Business Emergency/Contingency Plan for emergency release or threatened release of hazardous materials and wastes or provide a letter of exemption Contact the County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division at (909) 386-8412 21 Submittal to the Fire District. Prior to issuance of a Certificate of Occupancy a copy of the County Fire Department approved Business Emergency/Contingency Plan -New Business (Hazardous Materials Release Response Plans and Inventory) shall be submitted to the Fire District In some cases additional information that is not in the Business Emergency/Contingency Plan may be regwred in order to support local fire prevention and emergency response programs 22 Required County Permits: The applicant shall be required to apply for one or more of the following Hazardous Materials Handler Permit, a Hazardous Waste Generator Permit, an Aboveground Storage Tank Permit, and/or an Underground Storage Tank Permit Contact the County Fire Department, Hazardous Materials Division/Field Services Section at (909) 384-8407 23 Fire District Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" Form and submit to the Fire Safety Division This form provides contact information for Fire District use in the event of an emergency at the subject building or property ~,~~ Page 7 of 7 1 • T H E I T Y O F ANCtI O Cl1CAM ONGA Staff Report DATE May 12, 2004 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Debra Meier, AICP, Associate Planner SUBJECT ENVIRONMENTAL IMPACT REPORT AND ANNEXATION DRC2002-00865 - RICHLAND PINEHURST INC - A proposed Annexation of 160 0 acres of land mto the City of Rancho Cucamonga, located within the Etiwanda North Specific Plan on the north side of Wilson Avenue between Etiwanda Avenue and East Avenue -APN 0225-083-01, 12, 13, 14, 15, 16 and 20 Related Files Tentative Tract Map SUBTT16072, Tree Removal Permit DRC2003-00461, and Development Agreement DRC2002-00156 ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT MAP SUBTT16072 - RICHLAND PINEHURST INC - The proposed residential subdivision of 150 79 acres mto 359 lots in the Low (2-4 dwelling urnts per acre) and Very-Low (1-2 dwelling units per acre) Residential Distncts, with an average density of 2 3 dwelling units per acre for the entire protect, in the Upper Etiwanda Neighborhood of the Etiwanda North Speafic Plan, located at northwest corner of Wilson Avenue and East Avenue -APN 0225-083-01,12,13,15,16 and 20 Related Files Development Agreement DRC2001-00156, Annexation DRC2002-00865, and Tree Removal Permit DRC2003-00461 ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2002-00156 - RICHLAND PINEHURST INC - A proposed Development Agreement to address specific conditions of development and annexation for 150 8 acres of land located at northwest corner of Wilson Avenue and East Avenue -APN 0225-083-01, 12, 13, 15, 16 and 20 Related Files Tentative Tract Map SUBTT16072, Annexation DRC2002-00865, and Tree Removal Permit DRC2002-00461 PROJECT AND SITE DESCRIPTION A Project Density The combined net density of the project is 2 93 dwelling units per acre and the overall gross density of the project is 2 38 dwelling units per acre Items G, H, & M PLANNING COMMISSION STAFF REPORT DRC2003-00865, SUBTT16072, 'AND DRC2003-00156 - RICHLAND PINEHURST INC . May 12, 2004 Page 2 B Surrounding Land Use and Zoning - Etiwanda North Specific Pian unless othervvise noted Project Site -Very Low and Low Residential, the land use distracts are divided by the Etiwanda Avenue Scarp of the Red Hill Fault Zone North - Power line corridor and vacant land/Utility Corrdor and Very Low Residential ( 1-2 dwelling units per acre), currently the site of the proposed Tentative Tract 14749 (Tracy Development Company) that includes a North Etiwanda Specific Plan Amendment from Very Low to Low Residential South - Cucamonga Valley Water Distract (CVWD) Water Treatment faality and vacant land/Very Low Residential (1-2 dwelling units per acre) of the Etiwanda Speafic Plan East - Vacant Land/Very Low Residential (1-2 dwelling units per acre), currently the site of a proposed Etiwanda North Speafic Plan Amendment from Very Low Residential to Low Residential West - Single-family residential development/Low Residential (2-4 dwelling units per acre) C General Plan Designations Protect Site -Low Residential (2 to 4 dwelling units per acre) and Very Low Residential . ( 1-2 dwelling units per acre), the land use designation is split along the fault North - Utility Corridor and Very Low Residential (1-2 dwelling units per acre), currently the site of proposed Tentative Tract 14749 (Tracy Development Company) that includes a General Plan Amendment from Very Low to Low Residential South - Very Low Residential (1-2 dwelling units per acre) East - Low Residential (2-4 dwelling units per acre), currently the site of a proposed General Plan Amendment from Very Low Residential to Low Residential West - Very Low Residential (1-2 dwelling units per acre) D Site Charactenstics The site generally slopes from north to south at approximately 6 percent gradient and currently contains the remains of a foundation from a residential structure, remnants of low stonewalls, and irngation flumes The site was completely burned during the October 2003 "Grand Pnx" fire, with no significant trees or shrubs remaining at the present time The site was surveyed for biological resources prior to the fire in preparation of the EIR The site was found to contain California Buckwheat-White Sage (44 1 acres), White Sage (82 5 acres) Scalebroom Scrub (11 2 acres), and other non-native and disturbed areas that total 12 2 acres Overall, the site was found to contain 147 7 acres of various forms of Riversidean Alluvial Fan Sage scrub for which the protect will be regwred to obtain off-site mitigation lands Although focused surveys were preformed for Sensitive Wildlife Speaes, including the San Bernardino Kangaroo Rat and the Coastal California Gnatcatcher, the results of all such surveys were negative ANALYSIS . A The Tentative Tract Map The proposed protect is located within the Upper Etiwanda Neighborhood of the Etiwanda North Speafic Plan The Etiwanda Avenue Scarp of the Red Hill Fault divides the 150 78 acre site, with the area north of fault designated Very Low Residential and the area south of the fault designated Low Residential The ~' N m ~ PLANNING COMMISSION STAFF REPORT DRC2003-00865, SUBTT16072, 'AND DRC2003-00156 - RICHLAND PINEHURST INC May 12, 2004 Page 3 density of the protect is 2 93 dwelling units per acre, and the overall gross density of the project is 2 38 dwelling units per acre The minimum lot area within the protect is 8,400 square feet with an average lot size of approximately 11,400 square feet The Speafic Plan identifies a Community Trail along the Fault Zone, connecting the Etiwanda Avenue Community Trail and the Regional Trial within the Southern California Edison (SCE) corridor north of the site The internal street pattern has been designed following the naturally trending terrain, which slopes at approximately 6 percent northwest to southeast Access to the protect is provided by two street intersections on Etiwanda Avenue, and one each on East Avenue and Wilson Avenue All perimeter streets wdl require some level of improvement with development of the protect, including the south side of Wilson Avenue, which includes a Community Trail within the Metropolitan (MWD)stnct right-of-way The protect wdl require flood protection improvements, including the 25th Street Diversion Channel along the north boundary of the protect, as well as two on-site interim Detention Basins The proposed storm drain improvements are individual components of the Etiwanda/San Sevarne Area 3 Master Plan of Storm Drain faalities The proposed improvements would protect the site from upstream flows and would result in a modification of the current Federal Emergency Managements Agency (FEMA) and Flood Insurance Rate Map (FIRM) designation of Zone D ("area of undetermined flood hazard") to "no significant flood hazard " A Fuel Modification Plan has also been prepared to assist in developing site-specific precautions for fire protection The purpose of the Fuel Modification Plan includes a wildland fire hazards assessment, along-term perimeter vegetative fuel modification and maintenance plan, and along-term '~rewise landscaping" and fuel modification plan for the landscaped area immediately around all structures B Design Review Committee The Design Review Committee (McNeil, Stewart, Coleman) reviewed the protect on January 15, 2003 The Committee discussed the preferred alternative Master Plan arrangement of the 10-acre Not-a-Part segment located at the lower southeast corner of the protect and the desire to establish a finanaal mechanism for future construction of the Upper Etiwanda neighborhood entry monumentation The preferred alternative lotting and master plan, which provides access to the adtacent parcel, has been incorporated into the Tentative Tract Map, and the requirement for a funding mechanism for the neighborhood monumentation is included in the Planning Division Conditions in the Resolution recommending approval of the Tentative Tract Map C Technical Review and Gradino Review Committees The Technical Review and Grading Review Committees were conducted on January 14, 2003 The applicant received a tentative list of all City standard codes and regwrements that will be applicable to the protect, including the street improvements required to accommodate the future traffic generated by the development All such City Standards and regwrements are attached to the Resolution as Standard Conditions of Approval The Grading Committee reviewed such items as access to rear yard slopes for landscaping and maintenance purposes, minimum landscape spacing between walls/fences and the back of the sidewalk, and the relationship of proposed pad grades to the street elevation as it relates to future driveway C~, N, I'1 .5 PLANNING COMMISSION STAFF REPORT DRC2003-00865, SUBTT16072, AND DRC2003-00156 - RICHLAND PINEHURST INC May 12, 2004 Page 4 grades All appropnate issues have been revised in the Tentative Tract Map and/or added to the Resolution recommending approval of the Tentative Tract Map D Trails Advisory Committee The Trails Advisory Committee (TAC) reviewed the Tentative Tract Map on January S, 2003 The TAC paid particular attention to the development of the Community Trail through the protect within the Fault Zone to ensure appropnate connections to other Community Trails in the immediate area, including the existing Community Trail along Etiwanda Avenue and the Regional Trail located within the SCE corridor along the north of the protect boundary E Tree Removal Permit The protect site contained several trees that all burned in October 2003 during the Grand Pnx Fire All trees will be removed and landscaping within the on-site open space zones will include trees in accordance with species identified in the Etiwanda North Specific Plan design guidelines for the Upper Etiwanda Neighborhood theme The assoaated Tree Removal Permit will be approved in assoaation with the approval of the Tentative Tract Map through adoption of the attached Resolution F The Development Agreement The Development Agreement has been prepared in order to address protect-speafic improvements, fees, and other development standards and expectations for the benefit of the Property Owner and the City The Development Agreement allows the applicant to identify all improvements and fees that will be required by the City upon Annexation The Development Agreement has been reviewed by the City Attorney as to form and content The basic points of the Development Agreement are summarized below Term of the Agreement 10 years Minor deviations from the Engineering Division standards a) cul-de-sac design, and b) a reduction in the standard centerline radws for a speafic internal local street segment Minor deviations to the Etiwanda North Speafic Plan Phasing and Implementation Program The property owner will construct East Avenue southerly between Wilson Avenue and Banyan Street, in lieu of extending Wilson Avenue easterly to connect to Wardman-Bullock Road Minor deviations from the Etiwanda/San Sevaine Drainage Policy With the construction of an interim detention basin to attenuate the developed storm flows from the protect Fees a) The property owner shall pay a sum totaling $358,000 (based upon $1,000 per unit) for equestrian mitigation purposes, b) The property owner shall pay a sum totaling $2,362,800 ($6,600 per unit) for park purposes (the applicant may request park credit for improvements to the Community Trail that traverses the site within the Fault Zone, in accordance with General Policy), and, c) In exchange for the construction of the landscaping improvements on the south side of Wilson Avenue within the MWD right-of-way, the property owners shall not be regwred to pay City Beautification Fee of $0 20 per square foot for residential construction C,, ~~~ lvl 2-{ PLANNING COMMISSION STAFF REPORT DRC2003-00865, SUBTT16072, 'AND DRC2003-00156 - RICHLAND PINEHURST INC May 12, 2004 Page 5 6 The protect shall be designed in accordance with the Etiwanda North Specific Plan Development standards 7 Clarification of the actual boundaries of the Red Hill Fault Zone as determined by the Geotechnical Analysis The Red Hill Fault Zone is depicted as a Land Use District in the Etiwanda North Speafic Plan The fault location and boundary has been refined through further trenching and on-site investigation that was conducted through the preparation of the Geotechnical Evaluation The Fault Setback Zone, which precludes the development of habitable structures, does allow a portion of the lot area to intersect with the Setback Zone In each case, a substantial buildable area remains available within the lot Open Space Transfer Plan The Open Space Transfer Plan establishes a requirement that the property owner transfer approximately 150 acres of land to the County of San Bernardino Specal Distracts OS-1 for permanent open space and habitat preservation, along with funding (in an amount to be determined by County of San Bernardino Special Districts), to provide for long-term maintenance of said land This is accomplished prior to recording of the Final Tract Map 9 The Development Agreement establishes timeframes for completion of key infrastructure and community amenities, including the following a) the perimeter landscaping and the Upper Etiwanda Neighborhood Monumentation, as well as the Community Trail Improvements within the Fault Zone, will be completed prior to release of occupancy of the 150th dwelling (a small segment of the Etiwanda Avenue frontage north of the Fault Zone must be complete prior to release of occupancy of the 250th dwelling), b) all perimeter street improvements shall be completed prior to release of occupancy of the first dwelling within the protect, including Wilson Avenue, Etiwanda Avenue, and East Avenue, and, c) all master plan storm drain improvements will also be completed prior to the release of occupancy for the first dwelling in the protect G The Annexation The proposed Annexation will include the entire 160 acres, which constitutes the southwest quadrant of Section 21, located north of Wilson Avenue between Etiwanda Avenue and East Avenue The 10 acres at the corner of Wilson Avenue and East Avenue will require the review and approval of a separate Tentative Tract Map at a future time after the annexation process has been completed City staff will forward the annexation application and all associated documentation to the Local Agency Formation Commission following City Counal Certification of the EIR and approval of the protect H The Environmental Impact Report An Environmental Impact Report (EIR) has been prepared to address all actions that are antiapated for the review and approval of the protect, including the actions by the Planning Commission and City Counal and the Local Agency Formation Commission as well as actions that may be required by the San Bernardino County Flood Control District, Federal Emergency Management Agency, Army Corp of Engineers, Regional Water Quality Control Board, and California Department of Fish and Game, as applicable Based on the findings and conclusions of the Initial Study that was prepared for the protect, the following potentially significant environmental impacts were analyzed within the EIR Geology/Soils (including Seismic ground-shaking and fault induced ground ~,~~~~ PLANNING COMMISSION STAFF REPORT DRC2003-00865, SUBTT16072, AND DRC2003-00156 - RICHLAND PINEHURST INC May 12, 2004 Page 6 rupture, and other earthquake-induced hazards), Biological Resources, Traffic and Circulation, Air Quality, Aesthetics (including the impacts to views and viewsheds), Cultural Resources, Public Services/Utilities, and Hydrology/Water Quality A summary of all of the pro/ect-related impacts and the recommended mitigation measures is provided m Table 2-1 of the EIR The EIR concludes that upon implementation of the protect design features and all recommended mitigation measures, the following impacts assoaated with the proposed protect would remain significant Geology/Sods (seismic ground shaking), Air Quality (short term and long term air emissions), and Aesthetics (cumulative changes to the viewshed) Therefore, the City is regwred to adopt a Statement of Overndmg Considerations m accordance with CEQA Section 21081 The Statement is attached to the Resolution CORRESPONDENCE This item was advertised as a public hearing m the Inland Valley Daily Bulletin newspaper, the property was posted, notices were marled to all property owners within a 300-foot radws of the protect site, and notices were sent to all individuals and organizations that have commented on the EIR dunng the public comment perod In addition, all individuals that provided comments dunng the comment period have received copies of the "Response to Comments" at least 10 days prior to this heanng as regwred by the California Environmental Quality Act RECOMMENDATION Staff recommends that the Planning Commission take the following actions in the order presented A Certify the EIR for the purposes of tentative tract map approval and recommend that the City Council certify the Final EIR for all other applications, and B Approve Tentative Tract Map SUBTT16072, and C Recommend that the City Councl enter into Development Agreement DRC2002-00156 associated with the proposed protect Respectfully submitted, ~~ Brad Buller Cdy Planner BB LH\ma Attachments Exhibit "A" -Location Map Exhibit "B" -Site Plan Exhibit "C" -Final Environmental Impact Report (previously provided under separate cover) Draft Resolution Approving Tentative Tract SUBTT16072 Draft Resolution Recommending Development Agreement DRC2002-00156 w z w e 0 z 3 F 4 w a z w F W ~~~0: Mi~hocl UrenM 02 aoo zoo o aoo ~_=T Site Plan R,4NCH0 CUCAMONGA TENTATIVE TRACT MAP NUMBER '16072 _. _n a _ _____--l ~-- _-_ t FINAL IMPACT REPORT PREVIOUSLY DISTRIBUTED UNDER SEPARATE COVER EXHIBIT "C" ~~,li~t RESOLUTION NO 04-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE TRACT MAP SUBTT16072, ADOPTING A MITIGATION MONITORING PROGRAM, AND APPROVING TENTATIVE TRACT MAP SUBTT16072, A RESIDENTIAL SUBDIVISION OF 358 LOTS ON APPROXIMATELY 150 8 ACRES OF LAND IN THE LOW (2-4 DWELLING UNITS PER ACRE) AND VERY LOW (1-2 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF-APN 0225-083-01, 12, 13, 15, 16 AND 20 A Recitals 1 Richland Pmehurst, Inc filed an application for the approval of Tentative Tract Map No 16072, as descnbed m the title of this Resolution Hereinafter m this Resolution, the subtect Tentative Tract Map request is referred to as "the application " 2 On the 12th day of May 2004, the Planning Commission of the Gry of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal preregwsites pnor 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 Cary of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth m the Rentals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng on May 12, 2004, including wntten and oral staff reports, together with public testimony, this Commission hereby spenfically finds as follows a The application applies to approximately 150 8 acres of property located along the north side of Wilson Avenue between Etiwanda and East Avenues, and is presently unimproved property, and, b The property along the north boundary of the site is a Southern California Edison (SCE) power line comdor approximately 330 feet in width, and to the north of the power Ime comdor is also undeveloped property currently m the Very Low Residential land use distnct of the Etiwanda North Spenfic Plan, the property to the south consists of the Cucamonga Valley Water Distnct (CVWD) Water Treatment faaliry as well as unimproved property within the Very Low Residential Distnct of the Etiwanda Spenfic Pian, the property to the east is existing single-family residential • development within the Low Residential Distnct of the Etiwanda North Spenfic Plan, and the property to the west is unimproved property currently within the Very Low Residential Distnct of the Etiwanda North Spenfic Pian, and ~~ hI, M iC~ PLANNING COMMISSION RESOLUTION NO OS-56 SUBTT16072 - RICHLAND PINEHURST, INC • May 12, 2004 Page 2 c The Tentative Tract Map includes 358 lots for single-family residential development The northem portion of SUBTT16072 includes 167 lots on 56 61 acres with a density of 2 95 dwelling units per acre The southem portion of the protect includes 191 lots on 65 71 acres at a density of 2 92 dwelling units per acre The combined net density of the protect is 2 93 dwelling units per acre The gross density of the protect is 2 38 dwelling units per acre, and d The protect is consistent with the density provisions of the General Plan Land Use Designations of Low Residential (2-4 dwelling units per acre) and Very Low Residential (1-2 dwelling units per acre) as averaged across the protect site (as descnbed m subsection c above), and, e The protect includes a Tree Removal Permit, the protect site contained several trees that all burned in October 2003, dunng the Grand Pnx Fire All remaining trees vvtll be removed and landscaping within the on-site open space zones will include trees in accordance with species identified in the Etiwanda North Specific Plan design guidelines for the Upper Etiwanda Neighborhood theme f The protect includes the development of a Community Trail which follows the alignment of the Red Hill Fault Zone, and, g Development of the protect site will result m the loss of 147 7 acres of Riversidean Alluvial Fan Sage Scrub (RAFSS) The protect proponent is required through the certification of the • EIR and the adoption of the Mitigation Monitonng Program to acgwre a similar amount of off-site property for habitat preservation and provide an endowment for long-term maintenance, and h The protect is traversed by the Etiwanda Avenue Scarp of the Red Hill Fault Zone, thereby dividing the protect into a northem portion and a southem portion The Fault Zone Boundanes and Restncted Development Areas are identified on the Tentative Tract Map, and the environmental impacts of the fault zone have been evaluated in the EIR for which mitigation measures have been included in the Mitigation Monitonng Plan, and, i The protect will generate approximately 3,436 dailytnps that can be accommodated through street improvement upgrades as conditioned herein and as required through certification of the EIR and adoption of the Mitigation Monitonng Program, and, t The proposed protect, togetherwith all conditions of approval and the provisions of the Development Agreement, will not be detnmental to the public health and safety, or welfare or matenally intunous to properties or improvements in the vanity 3 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That the Tentative Tract Map is consistent with the General Plan, Development Code, and any applicable speafic plans, and b The design or improvements of the Tentative Tract Map is consistent with the General Plan, Development Code, and any applicable speafic plans, and The site is physically swtable for the type of development proposed, and G N , i`1 i 1 PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 3 d The design of the subdivision is not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat, and e The Tentatve Tract Map is not likely to cause senous public health problems, and f The design of the Tentative Tract Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision 4 Based upon the facts and information contained in the record of this project, the Planning Commission makes the following findings and statements, and takes the following actions, pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq ) a The Protect that has been evaluated under CEQA involves a senes of actions related to the annexation of land from unincorporated San Bernardino County into the City of Rancho Cucamonga, and the approval and development of Tentative Tract Map No 16072 ("TTM 16072") and associated Development Agreement The proposed protect includes 358 detached single-family housing units on approximately 150 6 acres The density of the project is 2 93 dwelling units per acre The gross density of the project including open space, flood control and streets is 2 38 dwelling units per acre The portion of the Project that requires approval by the Rancho Cucamonga • Planning Commission is TTM 16072 b The Crty of Rancho Cucamonga, acting as the lead agency, prepared the Draft Environmental Impact Report ("Draft EIR") for the Protect (State Cleannghouse No 2002091053) The Draft EIR was circulated fora 45-day public review and comment penod from December 2, 2003, through January 21, 2004 Comments were received dunng that penod and wntten responses were prepared and sent to all commentors Those comments and the responses thereto have been included in the Final EIR, as have the appendices to the Draft EIR Those documents together compose the Final EIR c The Planning Commission finds that the Final EIR was completed pursuant to the CEQA, and the State Gwdelines for Implementation of CEQA, 14 California Code of Regulations, Section 15000, et seq ('Yhe Guidelines") The Planning Commission also finds that the Final EIR represents the independent~udgment of the Planning Commission of the City of Rancho Cucamonga and adequately addresses the impacts of the Project and imposes appropnate mitigation measures for the Protect The Planning Commission has also reviewed and considered the contents of the Final EIR and has reached its own conclusions with respect to the Protect and as to whether and how to approve Tentative Tract Map SUBTT16072 d The Planning Commission hereby certifies the Final EIR as being the environmental document for the Protect and for the Planning Commission action in approving Tentative Tract Map No 16072 The Planning Commission finds that the additional information provided in the staff report, in attachments to the staff report, in the comments to the EIR, and presented at the public heanng does not represent significant new information so as to require re-circulation of the EIR pursuant to Public Resources Code Section 21092 1 . e The documents and other matenals that constitute the record of the proceedings which include, but are not limited to, the staff report for the Protect, as well as all of the matenals that compose and support the Final EIR and support the staff reports concerning the Protect, are located in the office of the City Planner of the City of Rancho Cucamonga, 10500 Gwc Center Dnve, Rancho ~;., f-~, i~1 1~ PLANNING COMMISSION RESOLUTION NO OS-56 SUBTT16072 - RICHLAND PINEHURST, INC • May 12, 2004 Page 4 Cucamonga, California 91729 The custodian of these documents is the City Planner of the City of Rancho Cucamonga f The Planning Commission finds, based upon the Initial Study, the Final EIR, public comments, public agency comments, and the entire record before it, that the Project may create significant impacts in the areas of Aesthetics, Air Quality, Biological Resources, Noise, Public Services, Transportation and Traffic, Cultural Resources, Geology and Sods, and Utilities and Service Systems With respect to the impacts to all of these resources and services, the EIR identifies mitigation measures for each of those impacts that will substantially lessen the impacts g In response to each significant impact identified in the EIR, and listed in paragraph f of this Section of this Resolution, changes or alterations are hereby required in, or incorporated into the Protect, which avoid or substantially lessen the impacts identified The specific changes and alterations required, and a bnef explanation of the rationale for the findings with regard to each impact, are contained in the "Findings of Fact in Support of Findings for Significant Environmental Effects of the Rancho Cucamonga Tentative Tract Map Number 16072 protect and statement of ovemding considerations" (Exhibit "A" of the Resolution) and are incorporated herein by reference h Implementation of mitigation measures identified in the Final EIR and imposed as a condition of the approval of SUBTT16072 will substantially mitigate many of the environmental impacts descnbed in paragraph f of this Section, to the extent feasible, as descnbed in the attached Exhibit A The Final EIR also identifies significant adverse impacts that cannot be fully mitigated or avoided, including impacts from seismic ground shaking, short-term impacts on air quality from construction-related emissions, long-term impacts on air quality from project emissions, and cumulative aesthetic impacts of the visual landscape of the San Gabnel Mountains i The Final EIR descnbes a range of altematives to the Protect that might fulfill basic obtectives of the Project These altematives include the required "No Pro~ecUNo Development" alternative, the "Retention of Riversidian Alluvial Fan Sage Scrub Alternative," and the "Less Intense Development° Alternative. As set forth below, the altematives identified in the EIR are not feasible because they would not achieve the basic obtectives of the Protect or would do so only to a much smaller degree and, therefore, leave unaddressed the significant economic, infrastructure, and General Plan goals that the Protect is intended to accomplish, and are thus infeasible due to social and economic considerations, and/or they are infeasible because they would not eliminate the adverse environmental impacts of the proposed Protect Accordingly, each of the altematives is infeasible In making this finding, the Planning Commission determines as follows The objectives of the Protect are to a) To provide single-family housing units consistent with the intent of the Cites General Plan and the Etiwanda North Specific Plan b) To annex the proposed tentative tract into the City of Rancho Cucamonga c) To create a protect that is generally consistent and compatible with other • existing and proposed uses in the vicinity of the project and the community of Etnvanda in general d) To provide protect infrastructure including streets, water and sewer mains, and flood control consistent with City and regional plans related to these services G f-41 l~ l 5 PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 5 e) To phase the development of the proposed protect to ensure adequate utilities are provided f) To design and landscape the proposed protect to create an aesthetically pleasing living environment u) The "No ProtecUNo Development" Alternative assumes that no new land uses would be constructed on the protect site and that the site would remain vacant and undeveloped Although this alternative is environmentally supenor to the proposed protect, it would not meet any of the protect obtectives As the subtect property is under pnvate ownership, the elimination of future development within a previously approved Specific Plan is not legally or financially feasible Therefore this alternative is retested iii) The "Retention of Riversidian Alluvial Fan Sage Scrub" Alternative assumes that all vegetation classified as RAFFS are not affected by development As the protect site already contains approximately 10 6 acres of disturbed or ornamental woodland, this alternative would only involve the development of approximately 10 6 acres Based on the same residential density as the proposed protect (i e 2 4 units per acre), 25 single-family housing units would be constructed Although this level of development could eliminate the potential significant unavoidable effects associated with the loss of RAFFS, this alternative would not meet the obtects of the protect, including, but not limited to not being consistent with the Etrvvanda North Specific Plan In addition, the Planning Commission finds, based on substantial evidence, that it is not economically feasible for the applicant to construct the required infrastructure as contemplated by the Etrvvanda North Specafic Plan while constructing only 25 housing units on the entire property The Commission specifically finds the regwred improvements to roadways, pipelines, water supplies, and other infrastructure would not be economically feasible with a return on investment of only 25 housing units iv) The "Less Intense Development" Alternative is an alternative that attempts to avoid all significant, unavoidable, adverse long-term air emission impacts To accomplish this resuR, approximately 104 housing units would need to be eliminated This would result in approximately 255 residential units on the site with an average dwelling unit per acre density of approximately 1 7 units per acre compared with the proposed 2 4 units per acre This protect density is not consistent with the Etiwanda North Specific Plan and would not meet many of the obtectives of the proposed protect ~ Mitigation measures descnbed in the Mitigation Monitonng Program, will avoid or substantially lessen the potentially significant environmental effects of the Protect Further, the environmental, physical, social, economic and other benefits of the Protect, as set forth in this Section and in Exhibit A, which is incorporated herein by this reference, outweigh any unavoidable, significant, adverse impacts that may occur as a result of the Protect, including impacts on seismic ground shaking, short-term impacts on air quality from construction-related emissions, long-term impacts on air quality from protect emissions, and cumulative aesthetic impacts of the visual landscape of the San Gabnel Mountains Therefore, due to ovemding benefits of the Protect and because the alternatives identified in the EIR are not feasible, as discussed in paragraph i above, the Planning Commission hereby finds that any unavoidable impacts of the Protect, including the mitigated but unavoidable impacts from seismic ground shaking, short-term impacts on air quality from construction-related emissions, long-term impacts on air quality from protect emissions, and cumulative aesthetic impacts of the visual landscape of the San Gabnel Mountains, are acceptable based on the findings contained herein and in Exhibit "A," which is incorporated herein by this reference This determination shall constitute a statement of ovemding considerations within the PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 6 meaning of CEQA and is based on any one of the following environmental and other benefits of the Project identified in the Final EIR and the record of the Planning Commission's proceedings i) The project v~nll provide single-family housing unds consistentHnth the intent of the City's General Plan and the Etiwanda North Speafic Plan n) The protect will allow the proposed tentative tract to be annexed into the City of Rancho Cucamonga so as to allow for development consistent with City standards and long-range planning for infrastructure and public services m) The project will be generally consistent and compatiblewtth otherewsting and proposed uses in the vicinity of the protect and the community of Etnvanda in general rv) The project v~nll provide needed infrastructure including streets, water and sewer mains, and flood control consistent with City and regional plans related to these services not only for the proposed development but for other protects, residents and property owners in the area v) The protect will include a design and landscaping that will create ar aesthetically pleasing living environment for the betterment of existing and new residents of the City k The Mitigation Measures in the Final EIR that correspond to the environmental impacts which may result from the Protect are hereby adopted and made a condition of approval of, or incorporated into, the Richland Pinehurst Project The Planning Commission also hereby adopts the "Mitigation Monitonng Plan" attached hereto as Exhibit "B "The Mitigation Mondonng Plan wall be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of Project approval asset forth in this Section of this Resolution and in Exhibit "B" I Pursuant to provisions of the California Public Resources Code Section 21089 (b), this application shall not be operative, vested or final until the Notice of Determination (NOD) is filed and posted with the Clerk of the Board of Supervisors of the County of San Bernardino and all regwred filing fees assessed pursuant to California Fish and Game Code Section 711 4, together with any requved handling charges, are paid to the County Clerk of the County of San Bernardino In the event this application is detennined exempt from such filing fees pursuant to the prows~ons of the California Fish and Game Code, or the gwdelines promulgated thereunder, condition shall be deemed null and void 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Division 1) All future applications for Development Review shall be reviewed for consistency with the approved Tentative Tract Map and provisions of the associated Development Agreement, along with the design guidelines of the Etiwanda North Specific Plan, including standards for parkways and streetscape design, slope planting, and neighborhood monumentation and wall designs C>, t-1 i`1 lG PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 7 2) The terrace drain splash walls and the edges of all down drains within the landscaped slopes shall be lined with nver rock cobble to maintain a native appearance 3) The applicant shall prowde landscaping and imgation along the detention basin on the south side of "F" Street 4) A minimum 3 feet of landscaping is required between the back of sidewalk and any retaining wall, and a minimum of 5 feet of landscape setback is requred between the back of the sidewalk and any wall/fence 5) The applicant shall establish a financial mecharnsm that would provide money for the future construction of the Upper Etiwanda Neighborhood monumentation at both the northeast and northwest comers of Wilson Avenue and East Avenue, in accordance Huth the Neighborhood design theme of the Etrvvanda North Specific Plan 6) Any lot that is designed with a retaining wall at the toe of the rear yard slope shall be provided with steps so that the homeowner has appropnate access to the slope area for landscaping and maintenance 7) Tree Removal Permit DRC2003-00461 is approved in contunction v~nth Tentative Tract Map SUBTT16072, including all environmental mitigation pertaining to biological resources as identified herein Engineenng Division 1) A Homeowners Association (HOA) shall be created for the maintenance of the proposed landscape/slope areas on either side of the Community Trail within the Fault Zone and any lettered lots in the intenor and extenor to the tract, except for the Community Trail fencing and surfaces Development shall also loin Landscape Maintenance Distnct (LMD) No 7, pnor to final map recordation a) Altematnrely, the Gty will consider creating a new LMD for the above-mentioned areas if the developer can prowde a design that can be cost-effectively maintained to the satisfaction of the City Engineer b) Gated entrances shall conform to City design guidelines 2) The Etiwanda Avenue frontage shall be improved as a Secondary Artenal including curb and gutter, 9500E HPSV streetlights, a parkway Community Trail with HOA or LMD landscaping, and traffic stnping and signage, including R26(s) as required 3) East Avenue shall be improved as follows a) Install Collector Street improvements in the west half of the project, from Wilson Avenue to the north tract boundary, plus 18 G, H ~ I~l I ~ PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 8 feet of pavement east of the centerline, for a total of 40 feet along with a 2-foot wide graded shoulder This would include curb and gutter, sidewalk or parkway Community Trail with HOA or LMD landscaping, 5800E HPSV streetlights, and traffic stnping and signage, including R26(s) as regwred Additionally, construct 44 feet of pavement width for the first 200 feet north of Wilson Avenue, transitioning back to 40 feet Install an AC berm along the entire east side length of East Avenue The developer may request a reimbursement agreement to recover the cost for improvements east of the centerline and south of the south trail boundary, from future development as it occurs on adtacent properties v~nthin the City limits b) South of Wilson Avenue, East Avenue should be constructed 36 feet wide to Banyan Street The developer shall receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee for these backbone improvements, in conformance v~nth City policy c) If the developer fads to submit for said reimbursement agreements within six months of the public improvements being accepted by the City, all nghts of the developer to reimbursement shall terminate 4) Wilson Avenue shall be improved as follows a) Install full width Divided Secondary Artenal improvements, from Etiwanda Avenue to East Avenue This would include curb and gutter, asphalt pavement, a landscaped median, HOA or LMD landscaping, curvilinear sidewalk, 9500E HPSV streetlights, and traffic stnping and signage, including R26(s) as regwred b) The developer shall receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee for the median curbs and 14 feet of pavement on both sides, in conformance v~nth City policy The developer may also request a reimbursement agreement to recover the cost for improvements other than the "backbone," including median landscaping, south of the centerline and along the Not-A-Part parcel from future development on adjacent properties If the developer fails to submit for said reimbursement agreements within six months of the public improvements being accepted by the City, all nghts of the developer to reimbursement shall terminate c) The nght-of-way will need to be obtained from Metropoldan Water Distnct (MWD), as well as a permit for improvements to the south side of Wilson Avenue C~, N~ M 17 PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 9 5) Construct parkway Community Trails, per Standard Dravnng 1002-A, on the east side of Etiwanda Avenue north of Street "U" and on the west side of East Avenue north of Street "N " Provide a drainage fatality along the toe of any landscaped 3 1 (if HOA, 2 1 allowable) slopes adjacent to the trail surface, so that no surface flows drain overthe trail 6) Construct an intenor Community Trail, per Standard Drawing 1004, within Lots J and I over the Fault Zone The trail shall cross Street "A" at an intersection and be publicly maintained 7) All publicly maintained landscape/slope areas should incorporate attractive, low maintenance designs to City public works landscape standards, including 40 percent hardstaape Slope widths should be minimized through the use of 30-rnch maximum height freestanding retaining walls and retaining beneath penmeter walls subject to City Planner approval a) LMD landscaping within the Fault Zone (Lots I and J) and the 65-foot parkway on the south side of Wilson Avenue shall be designed for minimal maintenance (Xenstaape) 8) Pnvate homeowners (or a HOA) shall maintain intenor comer side yards If new a LMD is formed, eliminate Lots C, D, E, F, and N, and the 5-foot stnps that wrap around the comers from Lots L and K Side yard slope areas can be reduced through the use of retaining walls, 2 1 slopes, and allowing comer lots to drain toward the side street, with curbside drain outlets if necessary Side yard slopes and fentang shall not infnnge on the lines-of-sight for local street intersections 9) Lot G along the Not-A-Part parcel is not acceptable for public (LMD) maintenance The owner of said parcel should be approached regarding off-site grading permission, so that the property line can be located at the top of slope 10) Construct Etrvvanda/San Sevaine Area 3 Master Plan Storm Drain faalities along the north property line from Etiwanda Avenue to the Etiwanda Spreading Grounds, including culverts for both Etiwanda and East Avenues to cross the facility Standard drainage fees for the site shall be credited to the cost of permanent master plan facilities, in accordance with City policy The developer may request a reimbursement agreement to recover oversizing costs, in excess of fees, from future development If the developer fads to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all nghts of the developer to reimbursement shall terminate a) If regwred by the San Bernardino County Flood Control Distnct to provide an intenm detention basin for this facility, Condition #15 shall also apply to this faality ~~, ~ ~~ I PLANNING COMMISSION RESOLUTION NO OS-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 10 b) Flood protection fatalities shall be completed pnor to occupancy release 11) Obtain off-site easements, for grading in the SCE easement north of the proposed channel, pnor to grading permit issuance 12) Install local storm drams to convey development drainage to the existing Master Plan Stomt Drain in Wilson Avenue Extend the local stomt drain system as far on-site as needed to contain Qzs within tops of curbs and Quo v~nthin nghts-of-way and provide a 10-foot dry lane in Q,o The cost of local storm drains shall be borne by this development with no fee credit 13) Where sump catch basins are used, provide two and intercept Q,oo in both sump catch basins and their laterals 14) Intenm basins shall have secondary overflow routes to streets without impacting adjacent lots 15) Construct intenm detention basin(s) forthe Wilson Avenue storm drain, as follows, justified by a final drainage report approved by the City . Engineer a) Provide a temporary easement to the City for the lots containing the basin b) An assessment distnct shall be formed for maintenance of the detention basin or a maintenance agreement shall be executed to the satisfaction of the City Engineer and the Gty Attorney guaranteeing pnvate maintenance of the fatality, but providing the City month the nght of access to maintain the facility if pnvate maintenance is insuffitaent and allowing the City to assess those costs to the developer The said agreement shall include a cash deposit as secunty for any maintenance costs the City may incur The said agreement shall be recorded to run with the property c) Pnor to final map recordation, pay an m lieu fee for removal of intenm basin improvements within LMD areas and their replacement with landscaping d) Basin shall be designed to mitigate developed flows for the entire area bounded by Wilson, East, and Etiwanda Avenues and the SCE easement to the north e) The developer may request a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related faalities (outlet, etc) from future development using the basin If the developer fads to submit said reimbursement agreement vwthin six months of the public improvements being accepted by the City, all nghts of the developer to reimbursement shall terminate PLANNING COMMISSION RESOLUTION NO OS-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 11 16) Provide vehicular access to all manholes 17) If any of the above-mentioned facilities (street, storm drain, etc) are constructed by others, the developerwdl be responsible forreimbursing their fair share 18) Provide a Water Quality Management Plan (WQMP) to the satisfaction of the City Engineer Identify applicable Best Management Practices (BMPs) on the Grading Plan 19) Maintenance of BMPs identified in the WQMP shall be addressed in the project CC&Rs f 20) The project applicant shall demonstrate they have received written S approval from Metropolitan Water District for any proposed activities within Metropolitan's fee property pnor to proceeding ~_ ,,) with the proposed improvements to Wilson Avenue or proceeding Yom" with any other activity that may infnnge upon or impact rights-of- way. Coordination with Metropolitan and submittal of design plans should be in accordance with the "Gwdelines for Developments in the Area of Facilities, Fee Properties, and/or easements of the Metropolitan Water District of Southern California." Environmental MiUpation Aesthetics AES-7: The applicant shall install landscaping and penmeter walls prior to occupancy for the following phases and locations as shown on the Protect Phasing Plan (Exhibit 3-8) • Phase 1-Along Wilson and Etrvvanda Avenues • Phase 2-Along Wilson Avenue • Phase 3-Along Etiwanda Avenue • Phase 4 Along East Avenue AES-2: Pnor to approval of a landscape plan, the protect applicant shall provide transitions between the developed and natural (unbwlt) environment through landscaping techrnques AES-3: Pnor to approval of a landscape plan, the project applicant shall ensure that streetscape design along the roadways adjacent to the protect site create a strong landscaped edge, provides a coherent high-quality appearance along a paKicular route, and enhances the image of adjacent development AES-4 The protect applicant shall provide for the undergrounding of utility lines and faalities, wherever feasible, to minimize the unsightly appearance of overhead utility lines and utility enclosures G, N, ~ ~ o PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 11 16) Provide vehicular access to all manholes 17) If any of the above-mentioned facilities (street, storm dram, etc) are constructed by others, the developerwdl be responsible forreimbursing their fair share 18) Provde a Water Qualdy Management Plan (WOMP) to the satisfaction of the Gty Engineer Identify applicable Best Management Practices (BMPs) on the Grading Plan 19) Maintenance of BMPs identified in the WQMP shall be addressed in the project CC&Rs Environmental Mitruation Aesthetics AES-1: The applicant shall install landscaping and penmeter walls pnor to occupancy for the following phases and locations as shown on the Protect Phasing Plan (Exhibit 3-8) • Phase 1-Along Wilson and Etrvvanda Avenues Phase 2-Along Wilson Avenue Phase 3-Along Etiwanda Avenue Phase 4 Along East Avenue AES-2: Pnor to approval of a landscape plan, the probed applicant shall provide transitions between the developed and natural (unbudt) environment through landscaping techniques AES-3: Pnor to approval of a landscape plan, the protect applicant shall ensure that streetscape design along the roadways adjacent to the protect site create a strong landscaped edge, provides a coherent high-quality appearance along a particular route, and enhances the image of adjacent development AES-4 The protect applicant shall provde for the undergrounding of utility lines and facilities, wherever feasible, to minimize the unsightly appearance of overhead utility Imes and utility enclosures AESar Pnor to approval of a landscape plan, trees and structures shall be used to frame and onent such views at key locations, and obstruction of views should be kept to a minimum along Etiwanda Avenue and East Avenue Air Quatrty AQ-1: The site shall be treated with water or other sod-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 G~ ~~ ~~ ~U PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC • May 12, 2004 Page 12 AQ-2: Dunng construction, all haul routes shall be swept according to a schedule established by the City to reduce PM,o emissions associated month vehicle tracking of sod off-site Timing may vary depending upon time of year of construction AQ-3: Suspend grading operations when wind speeds exceeding 25 mph to minimize PM10 emissions from the site dunng such episodes. AQ-4: Chemical sod stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions 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 speafications AQ-6: The construction contractor shall utilize electnc or dean alternative fuel powered equipment where feasible AQ-7 The construction contractor shall ensure that construction-grading plans include a statemeni that work crews will shut off equipmentwhen not in use AQ-8 The construction contractor shall use low VOC architectural coating dunng the construction phase of the protect AQ-9: Dunng construction of the proposed improvements, temporary traffic control (e g ,flag person) will be provided dunng sod transport actmties Contractor will be adwsed not to idle trucks on site for more than ten minutes AQ-10 Dunng construction of the proposed improvements, only low volatility paints and coatings as defined m SCAQMD Rule 1113 shall be used All paints shall be applied using either high volume low pressure (HVLP) spray equipment or by hand application AQ-11 The proposed protect 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 Gty 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 AQ-12 All appliances within the residential units of the protect shall be energy-efficient as defined by SCAQMD PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 13 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 Biolog~ca/ Resources B-1: Prior to recording of the first final map oject, the property owner shall transfer to the County of San Bernardino Special Districts /7~ ~'"f OS-1 or other qualified conservation entity approved by the City, in fee, /~ at a ratio of 1:1 (or 147.7 acres) of off-site land for permanent open space and habitat preservation; along with funding in an amount to be mutually agreed upon by the property owner and the conservation entity, to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the City Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat f _ Assessments and concurrence of the City Planner If the proponent is unable to acgwre all or a portion of the offsite mitigation land, the proponent will deposit the egwvalent mitigation cost of $10,000 per developable acre with City-approved agency, which acquires and maintains open space These funds wdl be used to purchase and manage mtigation lands B-2: To reduce impacts on adjacent offsite habitat during site preparation, grading and clearing limits shall be staked prior to issuance of the grading permits The limits of grading and clearing shall be staked at 50-foot intervals with swtable indicators such as white PVC (polywnylchlonde) pipe with steel bases Construction egwpment shall not be operated beyond the grading and clearing limits, and a restoration program shall be incorporated to restore any disturbed offsite areas B-3 Landscaping adjacent to natural areas offsite shall use native and drought-tolerant plant species Such speces shall be reflected on Project landscape plans The use of speces known to be weedy invasives, such as German ivy (Senecio mdkaniodes), periwinkle (Vinca major), or iceplant (Carpobrotus spp ), shall be prohibited PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 13 AQ-13 The protect proponent shall contact local transit agencies to determine bus routing in the protect area that can accommodate bus stops at the protect access points and determine locations and feasibility of bus stop shelters provided at protect proponent's expense Biological Resoun;es B-1: The protect proponent will acqure and convey to the County of San Bernardino at a ratio of 1 1 (or 147 7 acres) of land vnthin or near the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) that supports similar Rrversidian Alluvial Fan Sage Scrub (RAFSS) habitat This measure will mitigate the loss of habitat that may support sensitive plants and animals as well as raptor foraging habitat The quality of offsite mitigation land may affect the total acres needing to be acquired If the offsite mitigation area contains a higher quality habitat, less land may need to be acgwred, likewise, if a lower quality habitat is acquired, more land may need to be set aside as mitigation If the proponent is unable to acquire all or a portion of the offsite mitigation land, the proponent will deposit the equivalent mitigation cost of $10,000 per developable acre with City-approved agency, which acquires and maintains • open space These funds will be used to purchase and manage mitigation lands B-2: To reduce impacts on adtacent offsite habitat dunng site preparation, grading and cleanng limits shall be staked pnor to issuance of the grading permits The limits of grading and cleanng shall be staked at 50-foot intervals with swtable indicators such as white PVC (polyvinylchlonde) pipe with steel bases Construction egwpment shall not be operated beyond the grading and cleanng limits, and a restoration program shall be incorporated to restore any disturbed offsite areas B-3 Landscaping adtacent to natural areas offsite shall use native and drought-tolerant plant species Such species shall be reflected on Protect landscape plans The use of speces known to be weedy invasives, such as German roy (Senecio milkamodes), penwmkle (Vinca mator), or iceplant (Carpobrotus spp ), shall be prohibited B-4 In areas where night lighting may have adverse impacts on sensitive wildlife habitat, one or more of the following altematrves shall be utilized, recogrnzing the constraints of roadway lighting requirements (1)low-intensity street lamps, (2) low-elevation light poles, or (3) shielding of internal silvenng of the globes or external opaque reflectors B5 Provide residents of the future development literature pertaining to sensitive wildlife in the area and provide ways the residents can reduce • effects on the wildlife, including effects pets have on native wildlife A list of invasive plants that are commonly planted in landscaping will be included rn this literature and it will be recommended that certain plants be avoided, such as giant reed (Arundo donax) castor bean (Rianus communes) and Pampas G, ~ J 1" i /+ PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 14 grass (Cortadena selloana) This literature shall be approved by the City of Rancho Cucamonga and included within the conditions, covenants, and restnctwns (CC&Rs) B~~ All 213 "hentage trees" shall be removed and replaced with natroe trees within the proposed development Replacements have been proposed at a 1 1 ratio B-7 Pnor to issuance of a grading permit, focused surveys for Plummer's manposa lily shall be conducted by a qualified biologist Surveys shall be conducted dunng flowenng penod (May to July) in all portions of the protect site containing swtable habitat If present, the number and location(s) volt be documented and the resource agencies will be notified for consultation and possible collection and relocation B-8 A follow-up focus survey for the San Bernardino kangaroo rat shall be conducted pnor to the issuance of grading permits If this speces is determined to be present onsite, consultation with United States Forestry Wildlife Service (USFWS) under the Endangered Species Act shall occurand USFWS-approved mitigation measures shall be implemented B-9: A follow-up focused survey shall be conducted to confirm the absence of • the coastal California gnatcatcher Special focus will be placed in the northwest comer of the protect site, which was not previously surveyed If this species is determined to be present onsite, consultation with USFWS under the Endangered Species Act shall occur and USFWS-approved mitigation measures shall be implemented B-10 The protect proponent will have a qualified biological monitor present dunng initial brush cleanng to reduce mortality to sensitive species, specifically sensitive rodent species, as well as incidental species B-11 If grading activities are to occur dunng active nesting season (generally February 15 -August 31), a field survey shall be conducted by a qualified biologist to determine if active nests covered by the Migratory Bvd Treaty Act and/or the California Department of Fish and Game (CDFG) Code are present If active nests are present, the area will be flagged, along with a 100-foot buffer (300-feet for raptors) and will be avoided until the nesting cycle is complete B-12 The protect proponent shall obtain a Section 404 of the Clean Water Act permit from the U S Army Corps of Engineers and a 1603 Streambed Alteration Permit from California Department of Fish and Game pnor to grading or any other groundbreaking activities, and shall comply with the permit's mitigation regwrements Cultural Resources • CR-1: Pnor to the issuance of a grading permit, the protect applicant shall retain aCity-approved archaeologist to develop an archaeological mitigation PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC . May 12, 2004 Page 15 plan and a discovery clauseltreatment plan Both of these plans shall be reviewed and approved by the City The archaeological mitigation plan shall include monitonng 50 percent of the excavation actrnties on the protect site by aCity-approved archaeologist and/or their representative The discovery clause/treatment plan shall include recovery and subsequent treatment of any archaeological or histoncal remains and associated data uncovered by brushing, grubbing, or excavation The treatment plan shall provide procedures for the curation of any detected cultural speamens Any recovered cultural resources shall be identified, sites recorded, mapped and artifacts catalogued as regwred by standard professional archaeological practices Examination by an archaeological specialist shall be included where necessary, dependent upon the artifacts, features, or sites that are encountered Specialists Hell identify, date and/or determine significance potential CR-2• If the archaeological monitor discovers cultural deposits, earthmoving shall be diverted temporanly around the deposits until the deposits have been evaluated, recorded, excavated, and/or recovered, as necessary, and in accordance with aCity-approved recovery plan Earthmoving shall be allowed to proceed through the area after the archaeologist determines the artifacts are recovered and/or site mitigated to the extent necessary . CR-3 If a previously unknown cultural site is encountered dunng monitonng and it is determined by the archaeologist that a sigmficance determination is required, the site shall be evaluated and recorded in accordance with requirements of the State Office of Histonc Preservation (i e , DPR 523 form) In this case, if the site is not determined to be significant, no measures subsequent to recording the site on appropnate forms are required If any of the sites are deterrined to be sigrnficant, an adequate amount of artifacts at the specific archaeological site shall be collected by the City-approved archaeologist The archaeologist shall determine the amount of artifacts needed to be collected CRS If human remains are encountered dunng excavations associated Huth this pro/ect, all work shall halt and the County Coroner shall be notified (Section 5097 98 of the Public Resources Code) The CoronerHnll detemm~e whether the remains are of forensic interest If the coroner, with the aid of the Gty-approved archaeologist, determines that the remains are prehistonc, he/she will contact the Native Amencan Hentage Commission (NAHC) The NAHC will be responsible for designating the most likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as regwred by Section 7050 5 of the California Health and Safety Code The MLD will make his/her recommendations within 24 hours of their notification by the NAHC This recommendation may inGude scientific removal and nondestructive analysis of human remains and items associated with Native Amencan bunals (Section 7050 5 of the Health and Safety Code) • CR-5 Any recovered archaeological resources shall be identified, sites recorded, mapped and artifacts catalogued as required by standard archaeological practices Examination by an archaeological specialist should PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 16 be included where necessary, dependent upon the artifacts, features or sites that are encountered Specialists will identify, date and/or determine significance potential CR-6: A final report of findings will be prepared by the City-approved archaeologist for submission to the City, prolect applicant, and the Archaeological Information Center of the San Bernardino County Museum The report will descnbe the history of the prolect area, summanze field and laboratory methods used, if applicable, and include any testing or speGal analysis information conducted to support the resultant findings CR-7 Pnor to the issuance of a grading permit, the prolect applicant shall retain aCity-approved paleontologist The City-approved paleontologist shall monitor all excavation activities in areas of the prolect underlain by previously undisturbed sediments Earthmoving in areas of the site where previously undisturbed sediments will be buned but not disturbed will not be monitored Monitonng shall begin once earthmoving reaches five (5) feet below the onginal ground surface CR-S Monitonng shall be conducted on a full-time basis in areas of the prolect underlain by sensitive rock units associated with older alluvium being encountered by earthmoving CR-9: Should fossils be found within an area being Geared or graded, desert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find If too few fossil remains are found after 50 percent of earthmoving has been completed, monitonng can be reduced or discontinued in those areas at the prolect paleontologist's direction CR-10 If paleontological resources are detected Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropnate depository (i a ,San Bernardino County Museum) CR-11 A final report of findings will be prepared by the City-approved paleontologist for submission to the City prolect applicant, and the San Bernardino County Museum All collected speamens and the final report shall be provided to the San Bernardino County Museum Geology And Sods GS-1 Pnor to issuance of a bwlding permit for structures adjacent to the Etiwanda Avenue Scarp thrust fault on the prolect site, all structures north of this fault shall be set back 100 feet from the faulted zone and all structures • south of this fault shall be set back 50 feet from the fault zone GS-2 Pnor to the issuance of a bwlding permit, structures will be designed and constructed in accordance with the Uniform Bwlding Code and general G, ~ ~ ~`~ PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 17 engmeenng standards for seismic safety for development within Seismic Zone 4 GS-3 Pnor to the issuance of a grading permit, engineered slopes of the protect site shall be designed in accordance with the Uniform Building Code to resist seismically induced failures Slope design shall be based on pseudo-static stability analyses using sotl-engmeenng parameters established for the site GSA Pnor to the issuance of a grading permit, the grading plans shall state that the loose, cohesionless soils located on the surface of the site shall be removed and recompacted dunng grading operations GSa~ Pnor to the issuance of a grading permit, the grading plans shall state that the native surfiaal and artificial fills on the protect site that are of low density, shall be removed and recompacted or exported offsite GS-6 Pnor to the issuance of a final grading approval, potentially unstable graded slopes that exceed approximately 15 feet in height will regwre additional stabilization measures such as buttressing cut slopes Hnth compacted fill, adding geognd reinforcement to fill slopes, using a higher compaction standard, and/or using retaining walls GS-7 Pnor to the issuance of a grading permit, the grading plans shall state that potentially compressible sods that are located on the project site shall be removed and recompacted in accordance with standard grading procedures GS-8 Pnor to the issuance of a grading perrrnt, the protect's soil engineer shall identify the method(s) of eliminating the potential for collapsible soils on the grading plan Potential methods include excavation and recompaction and presaturation and pre-loading of the susceptible soils in-place to induce collapse pnor to construction After construction, infiltration of water into the subsurface sods shall be minimized by proper surface drainage which directs excess runoff from the proposed slopes and structures GS-9: Pnor to the issuance of a grading permit, the grading plans shall state that dunng grading operations, the soil engineer shall be consulted to relocate oversize rocks on the protect site to reduce the potential deficiency of fill matenals that could result from the removal of oversize rocks on the project site Noise N-1 Dunng all protect site excavation and grading, the protect contractors shall egwp all construction equipment, fixed or mobile, Huth properly operating and maintained mufflers consistent with manufacturers standards N-2 When construction operations occur in close proximity to occupied residential areas, appropnate additional noise reduction measures shall be implemented, including changing the location of stationary construction PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 18 equipment to maximize the distance between stationary equipment and occupied residential areas, installing muffling dewces on equpment, shutting off idling egwpment, notifying adjacent residences rn advance of constructon, and installing temporary acoustic bamers around stationary construction noise sources N-3 The construction contractor shall locate equipment staging in areas that vvlll create the greatest distance between construction related noise and the noise-sensitive receptors nearest the prolect site dunng all prolect construction Nil Dunng all prolect site construction, the construction contract shall limil all construction related activities that would result in high noise levels to between the hours of 6 30 a m and 8 00 p m Monday through Saturday No construction shall be allowed on Sundays and public holidays N~+` The prolect applicant shall construct sound bamers adjacent to the prolect lots as shown in Exhibit 55-2 The heights of the sound bamers shall be between 3 and 6 5 feet and placed at the top of the proposed slope and at the edge of pads on the residential lots that border Etiwanda Avenue, Wilson Avenue, and East Avenue The sound bamers may be constructed of earthen berms, masonry, wood, or other similar matenals, or combination of these matenals to attain the total height regwred These sound bamers shall be solid, with no openings from the ground to the indicated height N-6 Pnor to the issuance of a bwlding permit, residential structures proposed on all lots adjacent to Etiwanda Avenue, Wilson Avenue, and East Avenue will require mechanical ventilation so that windows can remain closed Furthermore, these residential lots will require upgraded windows such as double-pane windows, if these lots have second story structures To ensure the specific type of mechanical ventilation and paned windows are included in the budding plans, a final acoustical study shall be prepared for City approval pnor to approval of Development Review applications for product development The final acoustical study shall identify the speafic requirements to reduce future intenor noise levels to 45 dB CNEL or less Public Services And Utd~t~es F-1 Pnor to the issuance budding permits, the prolect applicant shall obtain approval from Rancho Cucamonga Fire Department (RCFD) of the designs for the fire flow and proposed fire resistant structural matenals W-1 Pnor to the issuance of bwlding permits, the prolect applicant will be regwred to submit a water services development fee to ensure that adequate water supplies and faalities are available to meet the prolect demand W-2: Pnor to the issuance of a bwlding permit for each phase, the prolect applicant shall submit a landscaping and imgation plan for common areas to the City for approval Landscaping and imgation within common areas shall ~, ~ , ~~; a,~T PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 19 be designed to conserve water through the pnnciples of Xenscape as defined in Chapter 19 16 of the Rancho Cucamonga Murncipal Code WW-1 Pnorto the issuance of occupancy permits, the applicantshall provide funding to the Cucamonga County Water Agency for sewer service S-1: Pnorto the issuance of bulding permits, the prolect applicant shall pay developer impact fees to the Etiwanda School Distnct and Chaffey Joint Union High School Distnct in accordance with Section 65995 of the Government Code for the proposed residences Tiansportation/Traffic TT-1 The protect applicant shall contnbute its fair share toward local off-site traffic improvements On-site improvements will be required in conjunction with the phasing of the proposed development to ensure adequate Grculation within the protect itself The fair share contnbution of all off-site improvements and timing of all onsite traffic improvements shall be subject to an agreement with the City of Rancho Cucamonga This agreement shall be in place pnor to tract map approval TT-2 The protect applicant shall update construction cost estimates and prepare a current cost of the project's fair share contnbution toward traffic improvements TT-3 The protect applicant shall construct Wilson Avenue from Etiwanda Avenue to East Avenue as a Speaal Divided Secondary Artenal (165 ft Right-of-way) m conjunction with development of the proposed project or as determined by the Development Agreement v~nth the City TT-4 The protect applicant shall construct the extension of East Avenue from the south protect boundary with a minimum 36-foottwo-way paved access to the project in contunction with development of the proposed protect or as determined by the Development Agreement with the City TT~5: The project applicant shall construct East Avenue from the north project boundary to Wilson Avenue to provide 44-foot two-way paved access and the full shoulder (curb, gutter, street lights, and side walks) on west side of the street in contunction with development of the proposed project or as determined by the Development Agreement with the City TT-6 The project applicant shall construct Etiwanda Avenue from the north project boundary to Golden Praine Drive at its ultimate half-section v~ndth as a Secondary Artenal (96 ft Right-of-way) in conjunction with development of the proposed protect or as determined by the Development Agreement with the City TT-7 Pnorto issuance of building permits, the applicant shall prowde funds in accordance with the City's Transportation Development Fee Collection of ~, ~, DUI v,~ PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 20 these fees shall represent the protect's "fair-share" toward the following transportation improvements requred for opening year (Year 2004) Installation of a traffic signal at Etiwanda Avenue at Banyan Street Installation of a traffic signal at East Avenue at Banyan Street Construction of a southbound nght tum lane at the intersection of Etnnianda Avenue at Highland Avenue TT-8 Pnor to the issuance of budding permits, the applicant shall provde funds in accordance with the City's Transportation Development Fee Collection of these fees shall represent the project's "fair share" toward the following transportation improvements required for Bwidout Year 2020 Construction of one additional northbound lane to provide a shared left and through lane, and a shared nght and through northbound lane, and one additional southbound lane to provide a shared left and through and a shared nght and through southbound lane on East Avenue at Banyan Street Construction of a westbound through lane on Highland Avenue at Etiwanda Avenue Installation of a traffic signal at the intersection of Etnvanda Avenue (North) at Wilson Avenue Installation of a traffic signal at the intersection of Etiwanda Avenue (South) at Wilson Avenue Installation of a traffic signal at the intersection of East Avenue at Wilson Avenue 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich MaGas, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 2004, by the following vote-to-wit G~ ~ ~~, ~~ PLANNING COMMISSION RESOLUTION NO 05-56 SUBTT16072 - RICHLAND PINEHURST, INC May 12, 2004 Page 21 AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS i ~, ~; M ?~0 FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT . ENVIItONMENTAL EFFECTS OF THE RANCHO CUCAMONGA TENTATIVE TRACT MAP NUMBER 16072 PROJECT AND STATEMENT OF OVERRIDING CONSIDERATIONS May 12, 2004 INTRODUCTION The California Environmental Quality Act (CEQA) Public Resowces Code Section 21081, and the CEQA Gwdelmes Section 15091 provide that "No public agency shall approve or carry out a protect for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occw if the protect is approved or carved out unless the public agency makes one or more of the following findings a Changes or alterations have been required m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment b. Those changes or alterations are within the responsibility and lunsdicrion of another public agency and have been, or can and should be, adopted by that other agency c Specific economic, social, or other considerations make infeasible the mitigarion measwes or protect alternatives identified m the final environmental impact report " • Because the Rancho Cucamonga Tentarive Tract Map Number 16072 protect Environmental Impact Report (EIR) idenrified significant effects that may occur as a result of the project, and m accordance with the provisions of CEQA and CEQA Gmdelmes, the City of Rancho Cucamonga hereby adopts these fmdmgs as part of the approval of the Rancho Cucamonga Tentative Tract Map Number 16072 protect and related applications The City of Rancho Cucamonga has prepared an EIR for the protect m accordance with CEQA and CEQA Gmdehne requirements The EIR was subject to review and approval by the Rancho Cucamonga Planning Commission At a public hearing held on May 12, 2004, the EIR was certified as adequate m accordance with CEQA procedwes Afrer adopting this Statement of Fmdmgs of Fact, the Rancho Cucamonga City Council can approve the Tentative Tract Map Number 16072 protect Al] subsequent, grading permits, mitigation implementation, and regulatory agreements and permits will be reviewed based on the documentation m the EIR MITIGATED ADVERSE IMPACTS The potential significant adverse impacts that would be mitigated are listed m the following sections The Rancho Cucamonga City Council finds that these potential adverse impacts would be mitigated to a level that is considered less than significant afrer implementation of the protect design featwes and recommended mitigation measwes • EXHIBIT "A" Tentative Tract SUBTT16072/Wchland Pmel 1l \~ ~~ ~ , 1 " I `~ l Findings GEOLOGY AND SOILS • Seismic Hazards Fault-Induced Ground Rupture Significant Impact Development of the proposed protect will result m the potential for fault-Induced ground rupture at the protect site Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a ]evel that is less than significant by virtue of protect design features and the following mitigation measures as identified in the final EIR and incorporated into the protect • Pnor to issuance of a bulldtng permit for structures adjacent to the Etiwanda Avenue Scarp thrust fault on the project site, all structwes north of this fault shall be set back 100 feet from the faulted zone and all structwes south of this fault shall be set back 50 feet from the fault . zone Seismically-Induced Slone Instabr[ity Significant Impact Development of the proposed project including the mtenm detention basins will include graded slopes of up to 40 feet in height and gradients of 3 1 or less Strong ground motions could induce slope tnstabihty Finding Changes or alterations have been required m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been ehmmated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measwes as identified m the final EIR and incorporated into the project • Pnor to the issuance of a grading permit, engineered slopes of the project site shall be designed m accordance with the Umfonn Building Code to resist seismically induced fallwes Slope design shall be based on pseudo-static stability analyses using soil-engmeenng . parameters established for the site Tentative Tract SUBTTI6072/Rmhland P ~ , I-l I }~~ 7~ Findings Ground Lurching Significant Impact Colluvial soils and loose cohesionless soils are present at the surface of the protect site Ground lurching due to seismic shalang could result m impacts to structures Finding Changes or alterations have been required in, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified m the final EIR and incorporated into the project • Pnor to the issuance of a grading permit, the grading plans shall state that the loose, cohesionless soils located on the surface of the site shall be removed and recompacted diiring grading operations Seismically-Induced Settlement Significant Impact Strong ground shaking can cause settlement by allowing greater compaction of the soil particles Finding Changes or alterations have been required m, or incorporated into, the project which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identtfied m the final EIR and incorporated into the project • Pnor to the issuance of a grading permit, the grading plans shall state that the native surficial and artificial fills on the project site that are of ]ow density, shall be removed and recompacted or exported offsite Slope Stability Signifcant Impact Implementation of the proposed protect would result in slopes at 40 feet in height Finding Changes or alterations have been required m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment ,~ ~ _ ~_ J l~; ~~ ~i f Findings Tentative Tract SUBTT16072/Richland Pmehm Facts in Support of Finding The s~gmficant effect has been el~mmated or substantially lessened to a level that is less than s~gmficant by virtue of protect design features and the following mitigation measures as identified m the final EIR and incorporated into the protect Pnor to the issuance of a final grading approval, potentially unstable gaded slopes that exceed approximately 15 feet m height will requue additional stabilization measures such as buttressing cut slopes with compacted fill, adding geognd reinforcement to fill slopes, using a higher compaction standard, and/or using retaining walls Foundation Stability Compres_ sable S°-i[s Significant Impact The upper few feet of the native snit onsite is potentially compressible Uncontrolled fills that exist on the protect site due to old road fills and baci~lls from exploratory trenches are also compressible These matenals are of low density and would settle under the weight of the proposed fills and structures Finding Changes or alterations have been requued m, or incorporated into, the project which rnitigate or avmd the significant effects on the environment Facts in Support of Finding The significant effect has been ehrmnated or substantially lessened to a level that ~s less than significant by vu-tue of protect design features and the following rmtigation measures as identified in the final EIR and incorporated into the protect Pnor to the issuance of a grading penmt, the grading plans shall state that potentially compressible soils that aze located on the protect site shall be removed and recompacted rn accordance with standard grading procedures Col~sible Soils Significant Impact Due to the potential for vanation m gram size wrth~n the alluvial fan deposits located on the protect site, localized areas could result m potential collapse of soil matenal Finding Changes or alterations have been required m, or incorporated into, the protect which mrtigate or avoid the significant effects on the environment Facts in Support of Finding The s~gmficant effect has been el~mmated or substantially lessened to a level that is less than significant by virtue of protect design features and the following mitigation measures as identified m the final EIR and incorporated into the project ~~~ ~~ ~ Findings Tentative Trac[ SIJBrr16072/ILchland Pu 7/ -- Pnor to the issuance of a grading permit, the project's soil engineer shall idenrify the method(s) of eliminating the potential for collapsible soils on the grading plan Potential methods include excavation and recompaction and presaturation and pre-loading of the susceptible soils m-place to induce collapse pnor to construction After construction, infiltration of water into the subsurface smis shall be minimized by proper surface drainage which directs excess runoff from the proposed slopes and structures Rinnability and Oversize Rock Significant Impact Because there is no bedrock at or within hundreds of feet from the surface, nppabihty of the onsrte soils is less than significant However, due to the presence of large cobbles and boulders m the onsrte alluvium, special handling of oversize rocks will be requred The removal of boulders from the site could result in deficiencies of fill matenal in the proposed balanced cut and fill grading design Therefore, the presence of oversize rock could result in a potential significant impact Finding Changes or alterations have been required m, or incorporated into, the project which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design featwes and the following mitigation measures as identified m the final EIR and incorporated into the project Pnor to the issuance of a gadmg permit, the grading plans shall state that doting grading operations, the soil engineer shall be consulted to relocate oversize rocks on the project site to reduce the potential deficiency of fill matenals that could result from the removal of oversize rocks on the project site BIOLOGICAL RESOURCES Natural Communities Significant Impact The proposed project will result m the loss of 147 7 acres of RAFSS 12AFSS is considered sensitive by the Cahfomia Department of Fish and Game and loss of this plant community is considered significant Finding Changes or alterations have been required m, or incorporated into, the project which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified m the final EIR and incorporated into the project L7 ~ ~'~ ~ ~~ `' `% Findings Tentative Tract SUBTT16072/Rchland Pu • The protect proponent will acquire and convey to the County of San Bemardmo at a ratio of 1 1 (or 147 7 acres) of land w~thm or near the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) that supports similar 12AFSS habitat This measure will mitigate the loss of habitat that may support sensrtrve plants and animals as well as raptor foraging habitat The quality of offsrte mrt~gahon land may affect the total acres needing to be acquired If the offsrte m~hgation area contains a higher quality habitat, less land may need to be acquired, likewise, ~f a lower quality habitat ~s acquired, more land may need to be set aside as mitigation If the proponent is unable to acquire all or a portion of the offsrte mitigation land, the proponent will deposit the equivalent rmtigation cost of $10,000 per developable acre with City-approved agency, which acgwres and maintains open space These funds wrll be used to purchase and manage mitigation lands • To reduce impacts on adjacent offsrte habitat doting site preparation, grading and cleanng hmrts shall be staked pnor to issuance of the grading penmts The hmrts of grading and cleanng shall be staked at 50-foot intervals wrth suitable rnd~cators such as white PVC (polyvmylchlonde) prpe with steel bases Construction equipment shall not be operated beyond the grading and cleanng hmrts, and a restoration program shall be incorporated to restore any disturbed offsrte areas • Landscaping adjacent to natural areas offsrte shall use native and drought-tolerant plant species Such species shall be reflected on Protect landscape plans The use of species known to be weedy mvasrves, such as German ivy (Senec~o milkamodes), penwmkle (Vinca major), or ~ceplant (Carpobrotus spp ), shall be pro}ubrted • Tn areas where night lighting may have adverse impacts on sensrtrve wnldhfe habitat, one or more of the following alternatives shall be utilized, recognizing the constraints of roadway hghtmg requirements (1) low-mtens~ty street lamps, (2) low-elevation fight poles, or (3) sh~eldmg of mtemal silvenng of the globes or external opaque reflectors • Provide residents of the future development literature pertaining to sensrtrve wildlife m the area and provide ways the residents can reduce effects on the w~ldhfe, mclud~ng effects pets have on native wildlife A list of invasive plants that aze commonly planted m landscaping wrll be included m thrs literature and rt will be recommended that certain plants be avoided, such as giant reed (Arundo donax) castor bean (R~cmus cormnums) and Pampas grass (Cortadena selloana) This literature shall be approved by the City of Rancho Cucamonga and included vnthm the conditions, covenants, and restnctions (CC&Rs) Common Plant Species Significant Impact The Crty of Rancho Cucamonga has a local tree preservation ordinance that requires a Crty pennrt to remove any tree over 15 feet high and 15 niches m circumference A total of 213 trees meet the City's "hentage tree" cntena Approximately 175 eucalyptus trees, 11 ornamental trees, 14 pepper trees, 9 southern Cahforn~a black walnut trees, and 4 western sycamore trees occur on-site All trees within the protect boundary were assessed as being of fair to poor condition physiologically, structurally, and aesthetically ~~ ~ i ~~ 51~ Frndrngs Tw~a6ve Tract SUB'IT16072/Rmhland Pm / Fording Changes or alterations have been required m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been ehmmated or substantially lessened to a level that is less than significant by virtue of protect design features and the following mitigation measures as identified m the final EIR and incorporated into the protect • All 213 "heritage trees" shall be removed and replaced with native trees within the proposed development Replacements have been proposed at a 1 1 ratio Sensitive Plant Species Significant Impact Fifteen sensitive plant species have been identified as occumng within the general vicinity of the protect site Thirteen of these plants are listed as sensitive (List 1B) by the CNPS and are considered sensitive by CDFG However, only Plummer's mariposa lilies were observed during field inventories Finding Changes or alterations have been required m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been ehmmated or substantially lessened to a level that is less than significant by virtue of protect design features and the following mitigation measures as identified m the final E1R and incorporated into the protect • Prior to issuance of a grading permit, focused surveys for Plurruner's mariposa lily shall be conducted by a qualified biologist Surveys shall be conducted during flowering period (May to July) m all portions of the project site containing sortable habitat If present, the number and location(s) will be documented and the resource agencies will be notified for consultation and possible collection and relocation Sensitive Wildlife Species Coastal California Gnatcarcher Potentially Significant Impact The protect site is within the lmown range and within designated Critical Habitat of the federally listed threatened coastal California gnatcatcher Although the protocol surveys conducted m both 2001and 2002 were negative, 6 recent sightings have been documented within the immediate vicinity Because the protect site supports suitable habitat for this species, and the recent sighting on adjacent ]ands the potential for this species to use the project site is still considered high Therefore, the loss or fragmentation of potential coastal California gnatcatcher habitat is considered significant ,~ 'i I~ ~ i J Tentanve Tract SUBiT16072/Wchiand Pmeh Fzndengs Finding • Changes or alterations have been regmred in, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of protect design features and the following mitigation measures as identified m the final EIR and incorporated into the protect A follow-up focused survey shall be conducted to confirm the absence of the coastal Caltfomia gnatcatcher Special focus will be placed in the northwest comer of the project site, which was not previously surveyed If this species is detenntned to be present onstte, consultation with USFWS under the Endangered Species Act shall occur and USFWS- approved mitigation measures shall be implemented Other Rodents Significant Impact Three species of rodents that were detected on the property aze considered Species of Concern by CDFG The three species present within the RAFSS habitat, tnclude the Northwestern San Diego pocket mouse, San Diego desert woodrat, and the Los Angeles little pocket mouse Because these three species are present onstte, the impacts to the habitat is considered significant Finding Changes or alterattons have been requued in, or incorporated into, the protect which mtttgate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been ehmmated or substantially lessened to a level that is less than significant by virtue of project design features and the following mttigation measures as identified to the final EIR and incorporated into the protect The project proponent will have a qualified biological monitor present doting initial brush cleating to reduce mortality to sensrtrve species, specifically sensitive rodent species, as well as mcidentalspecies Jurisdictional Areas Significant Impact A )unsdtctional delineation was conducted by PCR on the project site on September 8, 2001 (Appendix C of the Draft EIR) Subsequent field surveys were also conducted by PCR m 2002 The survey revealed that there are three drainages found on the property that are considered under the Itinsdtction of USACE and CDFG Impacts to USACE areas would result m the removal of 1 13 acres of "waters of the U S ", and no loss of wetlands Total area of ~unsdiction under the CDFG would also be approximately 1 13 acres ~~ Tentative Tract SOBTT16072/Wchland Pmeh ~~/ h J I` ~ Findings Jurisdictional determinations were also made for off-site portions of these drainages to the extent that they may be impacted by the proposed project Drainages measured adjacent to the site include approximately 4,342 linear feet and 0 98 acre of ACOE and CDFG jurisdictional streambed None of these off-site areas meet the ACOE definition of a jurisdiction wetland The proposed project would result in the loss of jurisdictional areas, both on and off site, of 2 O1 acres of "waters of the U S "and no loss of wetlands Compliance with the mitigations that are requued through the 404 process would reduce impacts to less than significant Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by vutue of project design features and the following mitigation measures as identified m the final EIR and incorporated into the project. • The project proponent shall obtain a Section 404 of the Clean Water Act perrmt from the U S Army Corps of Engineers and a 1603 Streambed Alteration Permit from California Deparhnent of Fish and Game prior to grading or any other groundbrealang activities, and shall comply with the permit's mitigation requirements TRAFFIC AND CIRCULATION Trip Generation Opening Year (Year 2004) Significant Impact The traffic generation for this project has been estimated, based upon the specific land use that has been planned for the proposed development The proposed project consists of 358 single-family dwelling units The proposed development is projected to generate approximately 3,436 daily traps The following intersections would operate at an LOS F m the AM peak hour without and with the project • Etiwanda Avenue at Banyan Street • Etiwanda Avenue at Highland Avenue • East Avenue at Banyan Street Although the project would not change the level of service, the contribution of project traffic to these three intersections during the AM peak hour represent a significant traffic impact Without project traffic, all intersections would operate at LOS D or better during the PM peak hour which represents a less than significant impact Except for the following intersection, all study area intersections operate at LOS D or better with the project during the PM peak hour ~ ! t1i ~°'~ 5'~l Tentanve Tract SUBTT16072/Wchland Pm~ Ftndzngs • Ettwanda Avenue at Banyan Avenue • The intersection of Ettwanda Avenue at Banyan Avenue will operate at LOS E with the protect which exceeds the City's standard and is considered a significant impact Finding Changes or alterations have been requtred m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substanrially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified m the final E]R and incorporated Into the project • The protect applicant shall contribute its fair share toward local off-site traffic tmprovements On-site tmprovements will be requtred in conjunction with the phasing of the proposed development to ensure adequate circulation within the project itself The fair share contribution of all off-site tmprovements and timing of all onstte traffic tmprovements shall be subject to an agreement with the Ctty of Rancho Cucamonga T'hts agreement shall be m place prior to tract map approval • The project applicant shall update construction cost estimates and prepare a current cost of the project's fair share contribution toward traffic tmprovements i • The protect applicant shall construct Wilson Avenue from Ettwanda Avenue to East Avenue as a Specta] Divided Secondary Arterial (165 ft Right-of--way) m conjimchon with development of the proposed project or as determined by the Development Agreement with the Ctty • The project appltcant shall construct the extension of East Avenue from the south project boundary with a minimum 36-foot two-way paved access to the project in conjunction with development of the proposed project or as determined by the Development Agreement with the City • The project appltcant shall construct East Avenue from the north project boundary to Wtlson Avenue to provide 44-foot two-way paved access and the full shoulder (curb, gutter, street lights, and side walks) on west side of the street m conjunction with development of the proposed project or as determined by the Development Agreement with the City • The project appltcant shall construct Ettwanda Avenue from the north project boundary to Golden Pratne Drive at its ultimate half-section width as a Secondary Arterial (96 ft Right-of- way) m conjunction with development of the proposed project or as determined by the Development Agreement with the Ctty Buildaut Year 2020 SigniScant Impact Table 5 3-6 depicts the level of service at the study area intersections at butldout year (Year 2020) without and with the project Table 5 3-6 shows the following intersections would operate at an LOS F m the AM peak hour without and with the project ~~ ~! ~V' `_7U Findings Tentative Tract SUB'IT16072/1Lchland Pine • Etiwanda Avenue at Banyan Street • Etiwanda Avenue at Highland Avenue • East Avenue at Wilson • East Avenue at Banyan Street The protect traffic contributed to these four study area intersections during the AM peak hour represent a significant traffic impact Except for the following intersections, all study area mtersechons operate at LOS D or better during the PM peak hour without the protect Etiwanda Avenue (South) at Wilson Avenue Etiwanda Avenue at Banyan Street East Avenue at Banyan Street These three mtersechons would operate at LOS F which exceeds the City's standard and is considered a significant impact Except for the following mtersechons, all study area mtersechons would operate at LOS D or better during the PM peak hour with the project • Etiwanda Avenue (South) at Wilson Avenue • Etiwantla Avenue at Banyan Street • East Avenue at Wilson Avenue • East Avenue at Banyan Street These four mtersechons would operate at LOS F which exceeds the City's standard and is considered a significant impact Finding Changes or alterations have been required m, or incorporated into, the project which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified m the final EIR and incorporated into the project • Prior to issuance of building pernuts, the applicant shall provide funds m accordance with the City's Transportation Development Fee Collection of these fees shall represent the project's "fair-share" toward the following transportation improvements required for opening year (Year 2004) • Installation of a traffic signal at Ehwanda Avenue at Banyan Street • Installation of a traffic signal at East Avenue at Banyan Street • Construction of a southbound right turn lane at the intersection of Ehwanda Avenue at Highland Avenue • Prior to the issuance of building permits, the applicant shall provide funds m accordance with the City's Transportation Development Fee Collection of these fees shall represent the project's "fair share" toward the following transportation improvements required for Buildout Year 2020 Tentative Trac[ SUBTT16072/R¢hland Pm~ Findings • Construction of one addmonal northbound lane to provide a shared left and through lane, and a shared right and through northbound lane on East Avenue at Banyon Street • Construction of one additional southbound lane to provide a shared lefr and through and a shared right and through southbound lane on East Avenue at Banyon Street • Construction of a westbound through lane on Highland Avenue at Etiwanda Avenue • Installation of a traffic signal at the intersection of Etiwanda Avenue (North) at Wilson Avenue • Add an eastbound and westbound lefr tum lane and install a traffic signal at the intersection of Etiwanda Avenue (South) at Wilson Avenue • Installation of a traffic signal at the intersection of East Avenue at Wilson Avenue NOISE Long-Term Operational Impacts Onsite Impacts Significant Impact An impact may be significant if the protect sites a land use (i e , residential) m an incompatible area due to excessive noise The Ctty has set a desirable daytime level of 60 dBA CNEL for residences Based on the future (Buildout Year 2020) traffic volumes identified in Section 5 3, noise levels were calculated along the existing and future streets adjacent to the protect site These streets include Etiwanda Avenue, Wilson Avenue, and East Avenue All of the residences proposed on the perimeter • of the protect site will be exposed to future year 2020 vehicular noise that range between 64 3 to 68 4 dBA CNEL These future noise levels would result m significant noise impacts to the residences proposed on the perimeter of the site and adjacent to Etiwanda Avenue, Wilson Avenue, and East Avenue Finding Changes or alterations have been required m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mtttgation measures as identified m the final EIR and incorporated Into the protect The protect applicant shall construct sound bamers adjacent to the project lots as shown in Exhibit 5 5-2 m the Draft EIIt The heights of the sound bamers shall be between 3 and 6 5 feet and placed at the top of the proposed slope and at the edge of pads on the residential lots that border Etiwanda Avenue, Wilson Avenue, and East Avenue The sound bamers may be constructed of earthen berms, masonry, wood, or other similar materials, or combination of these materials to attain the total height required These sound bamers shall be solid, with no openings from the ground to the indicated height • Prior to the issuance of a building permit, residential structures proposed on all lots adjacent to • Etiwanda Avenue, Wilson Avenue, and East Avenue will require mechanical ventilation so that windows can remain closed Furthermore, these residential lots will regwre upgraded vnndows such as double-pane windows, if these lots have second story structures To ensure the specific type of mechanical ventilation and paned windows are included m the building Tentative Trzct Sl1BTr16072/Wchland Pir Findings plans, a final acoustical study shall be prepared for Ctty approval pnor to approval of • Development Review applications for product development The final acoustical study shall identify the specific regmrements to reduce future mtenor noise levels to 45 dB CNEL or less AESTHETICS Significant Impact Implementation of the proposed residential community will substantially alter the existing character of the project site as well as views of the San Gabnel Mountains Finding Changes or alterations have been required m, or incorporated into, the project which mitigate or avoid the significant effects on the enviroriment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project • The applicant shall install landscaping and penmeter walls pnor to issuance of building permits for the following phases and locations as shown on the Project Phasing Plan (Exhibit 3-8 in the Draft E1R) • • Phase 1-Along Wilson and Etiwanda Avenues • Phase 2-Along Wilson Avenue • Phase 3-Along Etiwanda Avenue • Phase 4 Along East Avenue • Pnor to approval of a landscape plan, the protect applicant shall provide transitions between the developed and natural (unbudt) environment through landscaping techniques • Pnor to approval of a landscape plan, the project applicant shall ensure that streetscape design along the roadways adjacent to the project site create a strong landscaped edge, provides a coherent high-quality appearance along a particular route, and enhances the image of adjacent development • The protect applicant shall provide for the undergroundmg of utility lines and facilities, wherever feasible, to minimize the unsightly appearance of overhead uhhty tines and uhhty enclosures • Pnor to approval of a landscape plan, trees and structures shall be used to frame and orient such views at key locations, and obstruction of views should be kept to a minimum along Etiwanda Avenue and East Avenue ~, ~I, ~''i ~--I Tentative Tract SUB7T16072/ILchland Findings • CULTURAL RESOURCES Archeological/Historical Resources Potentially Significant Impact The results of the records search indicated that three archeological sites are within the protect area, including the new site located during the site visit It is also likely that prehistoric remains may still be buried Finding Changes or alterations have been requued m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of protect design features and the following mitigation measures as identified in the final EIR and incorporated into the protect • Prior to the issuance of a grading permit, the protect applicant shall retain aCity-approved archaeologist to develop an archaeological mitigation plan and a discovery clause/treatment plan Both of these plans shall be reviewed and approved by the City The archaeological mitigation plan shall include monitoring 50 percent of the excavation activities on the protect • site by a City-approved azchaeologist and/or their representative The discovery clause/treatment plan shall include recovery and subsequent treatment of any archaeological or historical remains and associated data uncovered by brushing, grubbing or excavation The treatment plan shall provide procedures for the curation of any detected cultural specimens Any recovered cultural resources shall be identified, sites recorded, mapped and artifacts catalogued as required by standard professional archaeological practices Examination by an archaeological specialist shall be included where necessary, dependent upon the artifacts, features, or sites that are encountered Specialists will identify, date and/or determine significance potential If the archaeological monitor discovers cultural deposits, earthmovmg shall be diverted temporarily around the deposits until the deposits have been evaluated, recorded, excavated and/or recovered, as necessary, and in accordance with aCity-approved recovery plan Earthmovmg shall be allowed to proceed through the area afrer the archaeologist determines the artifacts are recovered and/or site mitigated to the extent necessary If a previously unknown cultural site is encountered during monitoring and rt is determined by the azchaeologist that a significance detennmahon is reqused, the site shall be evaluated and recorded m accordance with requirements of the State Office of Historic Preservation (i e , DPR 523 form) In this case, if the site is not determined to be significant, no measures subsequent to recording the site on appropriate forms are required If any of the sites are determined to be significant, an adequate amount of artifacts at the specific archaeological site shall be collected by the City-approved archaeologist The archaeologist shall determine the amount of artifacts needed to be collected • If human remains are encountered during excavations associated with this protect, all work shall halt and the County Coroner shall be notified (Section 5097 98 of the Public Resources Code) The Coroner will determine whether the~fremains are of forensic interest If the ~= J ~ / ~~^~ ~ `r Fendings Tentative Tract SIJBTT16072/Rtchland Pmehw coroner, with the aid of the City-approved archaeologist, determines that the remains are . prehistonc, he/she will contact the Native Amencan Hentage Commission (NAHC) The NAHC will be responsible for designating the most likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as required by Section 7050 5 of the California Health and Safety Code The MLD will make his/her recommendations within 24 hours of then notification by the NAHC This recommendation may include scientific removal and nondestmchve analysis of human remains and sterns associated with Nahve Amencan bunals (Section 7050 5 of the Health and Safety Code) Any recovered archaeological resources shall be identified, sites recorded, mapped and artifacts catalogued as required by standard azchaeological practices Examination by an archaeological specialist should be included where necessary, dependent upon the artifacts, features or sites that are encountered Specialists will identify, date and/or determine significance potential • A final report of findings will be prepared by the City-approved archaeologist for submission to the City, protect applicant, and the Archaeological Information Center of the San Bemazdmo County Museum The report will descnbe the history of the protect azea, summanze field and laboratory methods used, if applicable, and include any testing or special analysis information conducted to support the resultant findings Paleontological Resources Potentially Significant Impact According to the paleontological records search, the protect area lies on swface exposures of • Pleistocene older fan deposits These deposits have high potential to contain fossil resowces throughout their extent No fossil resowces are known for the protect area and the neazest resources found m similaz deposits aze located approximately eight miles to the south However, there is the likelihood of potential buned fossilized remains Finding Changes or alterations have been required m, or incorporated into, the protect which mitigate or avmd the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of protect design features and the following mitigation measwes as identified m the final EIR and incorporated into the protect Pnor to the issuance of a grading permit, the protect applicant shall retain aCity-approved paleontologist The City-approved paleontologist shall monitor all excavation activities m areas of the protect underlain by previously undisturbed sediments Earthmoving m areas of the site where previously undistwbed sediments will be buned but not distwbed will not be monitored Monitonng shall begin once earthmoving reaches five (5) feet below the onginal Bound surface Monitonng shall be conducted on a full-rime basis m areas of the protect underlain by . sensitive rock units associated with older alluvium being encountered by earthmovmg Tentative Tract SUBiT16072/Rmhland Pmehurst, Inc 1$ .~ I r\n (Jf= • Should fossils be found wrthm an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should iirunediately divert construction and notify the monitor of the find If too few fossil remains are found afrer 50 percent of earthmoving has been completed, monitoring can be reduced or discontinued in those areas at the project paleontologist's direction • If paleontological resources are detected Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i e , San Bernardino County Museum) • A final report of findings will be prepazed by the Ctty-approved paleontologist for submission to the City, protect applicant, and the San Bernardino County Museum Al] collected specimens and the final report shall be provided to the San Bemazdmo County Museum PUBLIC SERVICES AND UTILITIES Water Service Significant Impact The proposed project will result in the demand for approximately 220,760 gallons of water per day which represents a 0 7 percent increase in water currently demanded from existing development within the City's General Plan Planning Area The project's demand for water is nominal, however, rt will contribute to the potential significant cumulative impacts on water sernces Finding Changes or alterations have been required m, or incorporated into, the project which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project • Prior to the issuance of building pemuts, the project applicant will be required to submit a water services development fee to ensure that adequate water supplies and facilities are available to meet the project demand • Pnor to the issuance of a building pennrt for each phase, the project applicant shall submit a landscaping and imgation plan for common areas to the City for approval Landscaping and imgadon within common areas shall be designed to conserve water through the principles of Xenscape as defined m Chapter 19 16 of the Rancho Cucamonga Municipal Code Wastewater Service Significant Impact Implementation of the proposed protect will result in the generation of 96,930 gallons of wastewater per day v, ~~ ~~ ~~ Tentative Tract SUBTTI6072/Rtchland Pmeh Findings Finding Changes or alterations have been requued m, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been ehmmated or substantially lessened to a level that is less than significant by virtue of protect design featwes and the following mitigation measures as identified in the final EIR and incorporated into the protect Pnor to the issuance of occupancy pemvts, the applicant shall provide funding to the Cucamonga County Water Agency for sewer service HYDROLOGY AND WATER QUALITY (NOTICE OF PREPARATION) Significant Impart The proposed residential uses have the potential to create contaminated runoff containing compounds such as landscape chemicals and automotive fluids Finding Changes or alterations have been required in, or incorporated into, the protect which mitigate or avoid the significant effects on the environment Facts in Support of Finding The significant effect has been ehmmated or substantially lessened to a level that is less than significant by virtue of protect design featwes and the following mitigation measwes as identified m the final EIR and incorporated into the protect Pnor to the issuance of a grading pennrt, the protect applicant will be required to prepaze a Storm Water Pollution Protection Plan (SWPPP) and file a Notice of Intent with the Regional Water Quality Control Board (RWQCB) As part of standazd construction practices, the City and RWQCB will require compliance with best management practices (BMPs) to enswe potentially harmful chemicals or pollutants are not dischazged from the site Such measwes may include sandbags, temporary drainage diversion and temporazy containment areas. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The potential significant adverse impacts associated with the implementation of the Tentative Tract Map Number 16072 protect are fisted below The Rancho Cucamonga City Council finds that these potential significant adverse impacts would be reduced with the implementation of the protect-related design features and recommended mitigation measwes, however, the impacts cannot be reduced to a level less than significant The Rancho Cucamonga City Council is adopting a Statement of Ovemding Consideration per Section 15093 of the CEQA Guidelines ~~ Tentative Tract SUBTT16072/Rchland Pmehurst, Inc 17 i ~ """"S' i' ~ t ~ A i l Y GEOLOGY AND SOILS Seismic Hazards Seismic Ground Shaking Significant Impact The proposed residential structures on the protect site would be exposed to potentially high accelerations of ground motion Finding Specific economic, social, or other considerations make infeasible the mitigation measures or protect alternatives identified in the final EIR Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen protect impacts, however, the impacts would remain significant While the No ProlecUNo Development Altemahve would avoid significant and unavoidable seismic impacts, this altemative would not meet any of the protect objectives The Retention of Riverstdian Alluvial Fan Sage Scmb Altemahve (RAFSS) would decrease the amount of development, but would not meet any of the project objectives The Less intense development altemative would avoid the significant and unavoidable air quality impact, but does not meet any of the project objectives . • Pnor to the issuance of a building permit, stmctures will be designed and constructed m accordance with the Uniform Building Code and general engineenng standards for seismic safety for development within Seismic Zone 4 The significant and unavoidable adverse impacts related to seismic hazards by the proposed project are considered to be acceptable m fight of the Statement of Ovemdmg Considerations provided herein as Attachment A AIR QUALITY Short-Term Construction-Related Emissions Significant Impact Short-term emissions will include fugitive dust and other particulate matter, as well as exhaust emissions, generated by earthmoving actrnhes and operation of grading eginpment dunng site prepazation (demolition and grading) Short-teen emissions will also include emissions generated dunng construction of the buildings as a result of operation of equipment, operation of personal vehicles by construction workers, electncal consumption, and coating and paint applications Projected NOx, ROC, and PM10 emtsstons aze above the SCAQMD recommended daily thresholds and NOx and ROC are above the quarterly thresholds dunng construction of the first phase of the project The pnmary sources of NOx emtsstons are trucks used for rock removal and importation of concrete The pnmary source of ROC emissions is the application of architectural coatings, and the pnmary source of PM10 is fugitive dust from earthmovtng activates Even with the reductions associated with implementation of construction related mitigation measures, the daily and quarterly emtsstons of NOx and ROC remain above the SCAQMD suggested thresholds Tentative Tract SIIBTT160R/ILchland Pu ~ i ~ I I ~ ~I ~ Firidirig5 Finding Specific economic, social, or other considerations make infeasible the mitigation measures or protect alternatives identified m the final EIIt Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen protect impacts, however, the impacts would remain significant The No Prolect/No Development Alternative would avoid significant and unavoidable short-term construction related emission impacts, this alternative would not meet any of the protect objectives The Retention of Rrversidian Alluvial Fan Sage Scrub Alternative (RAFSS) would decrease the amount of development, but would also not meet any of the protect objectives The Less Intense Development alternative would avoid the significant and unavoidable air quality impact, but does not meet any of the project objectives and is not considered feasible • The site shall be treated with water or other soil-stabilizing agents (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, m accordance with SCAQMD Rule 403 • Dunng construction, all haul roads shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle traclang of soil off-site Tirmng may vary depending upon time of year of construction • Grading operations shall be suspended when wind speeds exceed 25 mph to mmirmze PMI O emissions from the site during such episodes . • Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions • 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 and maintained m accordance with the manufacturer's specifications • The construction contractor shall utilize electnc or clean alternative fuel powered equipment, where feasible • The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use • The construction contractor shall use low VOC architectural coating dunng the construction phase of the project • Dunng construction of the proposed improvements, temporary traffic control (e g ,flag person) will be provided dunng soil transport activities Contractor will be advised not to idle trucks on site for more than ten minutes • Dunng construction of the proposed improvements, only low volatility paints and coatings as defined m SCAQMD Rule 1113 shall be used All paints shall be applied using either high volume low pressure (HVLP) spray equipment or by hand application Tentative Tract SUBTTI6072/Wchland Pt t L~ i'~tridl7tgS The significant and unavoidable adverse impacts related associated with the proposed protect are considered to be Ovemdmg Considerations provided herein as Attachment A Long-Term Emissions Significant Impact [o short-term construction emissions acceptable in light of the Statement of Long-term impacts for the proposed residential subdivision consist of mobile emissions and stationary emissions Mobile emissions estimates are denved from motor vehicle traffic Stationary emissions estimates are denved from the consumption of natural gas, electncity, the use of landscape eginpment, and the storage and use of consumer products When unmitigated emissions projections are compared with the SCAQMD suggested thresholds for significance, it is shown that long-term emissions exceed the applicable thresholds for NOx, CO and ROC The pnmary source of these emissions is mobile emissions from vehicles Even with the rruhgahon incorporated into the project NOx, CO and ROC emissions remain above the SCAQMD recommended threshold, and therefore the project may be expected to violate an ambient air quality standard Finding Specific economic, social, or other considerations make infeasible the mitigation measures or protect alternatives identified m the final EIR Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen protect impacts, however, the impacts would remain significant The No Prolect/No Development Alternative would avoid significant and unavoidable long-term emission impacts, this alternative would not meet any of the protect objectives The Retention of Riversidian Alluvial Fan Sage Scrub Alternative (RAFSS) would decrease the amount of development, but would also not meet any of the project objectives The Less Intense Development alternative would avoid the significant and unavoidable air quality impact, but does not meet any of the project objectives and is not considered feasible The proposed project will participate m 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 instal] 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 temunus of Etiwanda Avenue All appliances within the residential units of the project shall be energy-efficient as defined by SCAQMD The project proponent shall contact local transit agencies to determine bus routing m 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 The significant and imavoidable adverse impacts related to long-term air emissions associated with the proposed project are considered to be acceptable in light of the Statement of Ovemding Considerations provided herein as Attachment A ~-'~ ~~~ ~~ ~O Findings Tentative Tract SUBTT16072/Wchland Pmehur Consistency Analysts Significant Impact The proposed project complies with the City of Rancho Cucamonga Genera] Plan, which is consistent with the land use information that was the basis for the current AQMP However, rt is noted that the specific analysis indicates that both short-term and long-term emissions as a result of the project are above the SCAQMD thresholds These emissions remain above the thresholds after implementation of mitigation measures For this reason, it is appropnate to conclude that the proposed project is not in compliance with the AQMP Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified m the final EIR Falls in Support of Finding Implementation of the following mitigation measures will serve to lessen project impacts, however, the impacts would remain significant The No Project/No Development Alternative would avoid significant and unavoidable impacts, this alternative would not meet any of the project objectives The Retention of Riversidian Alluvial Fan Sage Scmb Alternative (RAFSS) would decrease the amount of development, but would also not meet any of the project objectives The Less Intense Development altematrve would avoid the significant and unavoidable air quality impact, but does not meet any of the protect objectives and is not considered feasible • All feasible mitigation measures for reduction of air quality impacts have been incorporated into the project However, short-term and long-term emissions remain above threshold levels for several pollutants after implementation The significant and unavoidable adverse impacts related to air emissions by the proposed project are considered to be acceptable m light of the Statement of Ovemdmg Considerations provided herein as Attachment A AESTHETICS Significant Impact Development of the proposed project and cumulative development m the project vicmtty will result m the permanent alteration of the visual landscape of the San Gabnel Mountains Finding Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified m the final EIR Facts in Support of Finding Implementation of the following mitigation measures will serve to lessen project impacts, however, the impacts would remain significant The No ProjectlNo Development Alternative would avoid significant and unavoidable long-term aesthetic impacts, this altemahve would not meet any of the project objectives The Retention of Rrversidian Alluvial Fan Sage Scrub Alternative (I2AFSS) would decrease the amount of development, but would also not meet any of the project objectives The Less Tentative Tract SU137T16072/Rchland Pm ) ) f'IriL~1rigS Intense Development alternative would avoid the significant and unavoidable air quality Impact, but does not meet any of the project objectives • The applicant shall install landscaping and penmeter walls pnor to Issuance of bwldmg permits for the following phases and locations as shown on the Project Phasing Plan (Exhibit 3-8) • Phase 1-Along Wilson and Etiwanda Avenues • Phase 2-Along Wilson Avenue • Phase 3-Along Etiwanda Avenue • Phase 4 Along East Avenue • Pnor to approval of a landscape plan, the project applicant shall provide transitions between the developed and natural (unbuilt) environment through landscaping techniques • Pnor to approval of a landscape plan, the project applicant shall ensure that streetscape design along the roadways adjacent to the project site create a strong landscaped edge, provides a coherent high-quality appeaance along a panc~ulaz route, and enhances the image of adjacent development • The project applicant shall provide for the undergroundmg of utility lines and facilities, wherever feasible, to minimize the unsightly appearance of overhead utility lines and utility enclosures C • Pnor to approval of a landscape plan, trees and structures shall be used to frame and onent such views at key locations, and obstruction of views should be kept to a minimum along Etiwanda Avenue and East Avenue The slgnl£cant and unavoidable adverse impacts on aesthetics and views by the proposed project are considered to be acceptable m light of the Statement of Oveindmg Considerations provided herein as Attachment A Tentative Tract SUHTi16072/Wchland Pmehurst, Inc c~ 22 ~, r~ ~a STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against rts unavoidable environmental nsks m deteiTnmmg whether to approve the protect The Ctty of Rancho Cucamonga proposes to approve the Tentative Tract Map Number 16072 project although unavotdable adverse geology and soils, air quality, and aesthetic impacts have been identified in the EIR Even though these adverse impacts are not reduced to a level considered less than significant, the Rancho Cucamonga City Council finds that those impacts are outweighed by the benefits of the Tentative Tract Map Number 16072 project Further, the alternatives which were tdenttfied m the EII2 would not provide the protect benefits, as summanzed below, to the same extent as the proposed protect 1 To provide single-family housing units consistent with the intent of the City's General Plan and the Ehwanda North Specific Plan 2 To annex the proposed 150-acre tentative tract and an adjacent 10-acre azea at the northwest comer of Wilson and East Avenue into the City of Rancho Cucamonga 3 To be consistent with, and implement, the policies and goals of the City of Rancho Cucamonga General Plan, Ehwanda North Specific Plan, City Development Code, and all other City development guidelines 4 To create a project that is generally consistent and compatible with other existing and proposed uses m the vicinity of the project and commimity of Etiwanda m general 5 To provide protect infrastmctwe including streets, water and sewer mains, and flood control consistent with City and regional plans related to these services 6 To phase the development of the proposed project to ensure adequate utilities are provided 7 Provide a system of public/community facilities, including parks, trails, open space azeas, and landscaping to support the residents of the protect and surrounding azea m an efficient and timely manner 8 To design and landscape the proposed project to create an aesthetically pleasing living environment Therefore, the Rancho Cucamonga City Council, having reviewed and considered the information contained in the E1R and the public record, adopts the Statement of Ovemdmg Considerations, which has been balanced against the unavoidable adverse impacts m reaching a decision on this project • u Tentative Trac[ SIJBTT16072/ILchland Porn N indtngs City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract Map SUBTT16072 -Richland Pinehurst This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Environmental Impact Report for the above-listed protect This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1 Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessaryto ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported • 3 The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the protect The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the protect file with the department having the original authority for processing the protect Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency . Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 EXHIBIT "B" ~, N, I~ 5~d Mitigation Monitoring Program SUBTT16072 Page 2 3 Appropriate speaalists will be retained if technical expertise beyond the City staff's is needed, as determined by the protect planner or responsible City department, to monitor speafic mitigation activities and provide appropriate written approvals to the protect planner. 4 The protect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5 All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Form 6 Unantiapated arcumstances may arise regwring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements or additions An MMP Reporting Form will be completed bythe protect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel 7 The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written . notification has been issued The protect planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The protect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented 8 Any conditions (mitigation) that regwre monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall regwre the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or payfor City staff time to monitor and report on the mitigation measure for the regwred period of time g In those instances requiring long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the protect site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitonng/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of budding permits • G H,1~1 5G MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) S V~ Project File No.: SUBTT16072 Applicant: Richland-Pinehurst EIR Prepared by: Michael Brandman Assoicates Date: March 23.2004 te -. . . S , ~ d u, y~,y.. AES-1 • The applicant shall install landscaping and penmeter CP C Pnor to A 3 walls prior to occupancy for the following phases and occupancy of locations as shown on the Protect Phasing Plan (Exhibit 3-8) each phase • Phase 1-Along Wilson and Etiwanda Avenues • Phase 2-Along Wilson Avenue • Phase 3-Along Etiwanda Avenue • Phase 4 Alon East Avenue AES-2: Prior to approval of a landscape plan, the project CP B During Landscape C 2 applicant shall provide transitions between the developed and Pian Review and natural (unbwlt) environment through landscaping techniques approval AES-3 Prior to approval of a landscape plan, the project CP B C C 2 applicant shall ensure that streetscape design along the ~ roadways adtacent to the protect site create a strong landscaped edge, provides a coherent high-quality appearance along a particular route, and enhances the image of adtacent development AES-4 The protect applicant shall provide for the CE C During C 2 undergrounding of utility lines and facilities, wherever feasible, construction Plan to minimize the unsightly appearance of overhead utility lines review and and utility enclosures approval AES-5 Prior to approval of a landscape plan, trees and CP B Dunng C 2 structures shall be used to frame and orient such views at key construction Plan locations, and obstruction of views should be kept to a review and minimum along Etiwanda Avenue and East Avenue approval ~ ~ i'~ ~^4 .u .r AO-1. The site shall be treated with water or other soil- BO/CE C Dunng A 4 stabilizing agent (approved by SCAQMD and Regional Water construction Quality Control Board [RW~CB]) daily to reduce PMio emissions, in accordance with SCAQMD Rule 403 1 of 13 S l`~I V .. .. .. ~ - -. . AO-2 Dunng construction, all haul routes shall be swept CE C Dunng A 4 according to a schedule established by the City to reduce construction PMio emissions assoaated with vehicle tracking of soil off- site Timing may vary depending upon time of year of construction AD-3• Suspend grading operations when wind speeds BO/CE C Dunng A 4 exceeding 25 mph to minimize PMio emissions from the site construction during such episodes AQ-4. Chemical sod stabd¢ers (approved by SCAOMD and BO/CE C Dunng A 4 RW OCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM construction ro emissions AD-5 The Construction contractor shall select the CP/CE C Review of plans A/C 2/4 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 m accordance wdh the manufacturers specrfications AO-6 The construction contractor shall utilize electric or CE C Rewew of plans A/C 4 clean alternative fuel powered equipment where feasible AD-7 The construction contractor shall ensure that CE C Rewew of plans A/C 2/4 construction-grading plans include a statement that work crews will shut off equipment when not m use AD-8 The construction contractor shall use low VOC CP C Rewew of plans A/C 2/4 architectural coating during the construction phase of the protect AD-9. During construction of the proposed improvements, BO/CE C As needed during A/C 4 temporary traffic control (e g ,flag person) will be provided construction during soil transport actroities Contractor will be advised not to idle trucks on site for more than ten minutes AD-10 During construction of the proposed improvements, CP/BO C Review of Notes A/C 4 only low volatility paints and coatings as defined in SCAOMD on Plans Rule 1113 shall be used All paints shall be applied using either high volume low pressure (HVLP) spray equpment or by hand application 2ofs s .~ ~~ . - B-1 Tpe-pre,est--pret3eaeNt~aa! ku}d-w+lh~a--er-ae2F-tp eed hal~tai-+s-asgwred-mere-lac~d~ay-aeed~te-be-set-aside-as n}R+gaNOn- 6-1 Prior to recording of the first final map of the protect, the property owner shall transfer to the County of San Bernardino Special Districts OS-1 or other qualified conservation entity approved by the City, m fee, at a ratio of 1 1 (or 147 7 acres) of off- site land for permanent open space and habitat preservation, along with funding in an amount to be mutually agreed upon by the property owner and the conservation entity, to provide for long-term maintenance of said land The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the City Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the City Planner If the proponent is unable to acquire all or a portion of the offsiie mitgation land, the proponent will deposit the equivalent mitigation cost of $10,000 per developable acre with City-approved agency, which acgwres and maintains open space These funds will be used to purchase and manage mitigation lands -. .. CP A Pnor to map B/D 1 recordation 4 of 14x-4 ~ -. ~ ~ . . -. . AO-11 The proposed prolect will participate In the cost of off- CE A Prior to permit C/D 2 site traffic signal installation and synchronization through Issuance 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 prolect boundary, and Etiwanda Avenue between Highland Avenue and the north terminus of Etiwanda Avenue At]-12 All appliances within the residential units of the prolect CPIBO B Plan review C 3 shall be energy-efficient as defined by SCADMD AD-13 The prolect proponent shall contact local transit CPlCE B Plan review C/D 3 agencies to determine bus routing m the prolect area that can accommodate bus stops at the prolect access points and ~ determine locations and feasibility of bus stop shelters ' provided at prolect proponent s expense B IOlogical~Resoui-ces - ~? ~ '`~' `~"' ~~-~~~.~ ~ ~'~' ' : ; ~~ ~ ~ ~'~'~7 , ~ , u z B-1. The prolect proponent will acquire and convey to the CP A Prior to map B/D 1 `J ~ County of San Bernardino at a ratio of 1 1 (or 147 7 acres) of recordation land within or near the North Etiwanda Open Space and / ~ Habitat Preservation Program (NEOSHPP) that supports / similar RAFSS habitat This measure will mitigate the loss of ~ habitat that may support sensitive plants and animals as well / as raptor foraging habdat The quality of offsite mitigation land / may affect the total acres needing to be acquired If the f offsrte mrtlgation area contains a higher quahry habitat, less land may need to be acgwred, likewise, rf a lower quality habitat Is acquired, more land may need to be set aside as mitigation If the proponent is unable to acquire all or a portion of the / offsite mitigation land, the proponent will deposit the equivalent mitigation cost of $10,000 per developable acre / wdh City-approved agency, which acgmres and maintains / / open space These funds will be used to purchase and / manage mitlgauon lands 3of13 B-2. To reduce impacts on adjacent offsrte habdat during site CP preparation, grading and clearing limits shall be staked prior to issuance of the grading permits The I~mits of grading and clearing shall be staked at 50-foot intervals with swtable indicators such as white PVC (polywnylchionde) pipe with steel bases Construction egwpment shall not be operated beyond the grading and clearing limits, and a restoration program shall be incorporated to restore any disturbed offsrte areas B-3 Landscaping adjacent to natural areas offsrte shall use CP native and drought-tolerant plant species Such species shall be reflected on Project landscape plans The use of spaces known to be weedy invasives, such as German ivy (Senecio milkaniodes), periwinkle (Vinca major), or iceplant i\ (Carpobrotus spp ), shall be prohibited fl ~~ B-4 In areas where night lighting may have adverse impacts CP on sensitive wildlife habitat, one or more of the following alternatives shall be utilized, recognizing the constraints of roadway lightingregwrements (1)low-intensity street lamps, (2) low-elevation light poles, or (3) shielding of internal silvering of the globes or eMemal opaque reflectors B I Plan rewew and I {VC construction momtonng A Plan review C A Plan rewew C 4 2/4 B-5 Provide residents of the future development literature CP D Review literature D 3 pertaining to sensitive wildlife in the area and provide ways prior to Model the residents can reduce effects on the wildlife, including Home TUP effects pets have on native wildlife A list of invasive plants approval that are commonly planted in landscaping will be included in this literature and d will be recommended that certain plants be avoided, such as giant reed (Arundo donax) castor bean (Ricinus commums) and Pampas grass (Cortadena selloana) This literature shall be approved by the City of Rancho Cucamonga and included within the conditions, covenants, and restrictions (CC&Rs) B-6 All 213 "heritage trees" shall be removed and replaced CP C Landscape Plan C 3 with native trees within the proposed development rewew Replacements have been proposed at a 1 1 ratio 4 of~ V" 6~ .. ... -. B-7 Pnor to issuance of a grading permit, focused surveys for ' CP B Verily results of B/p Q Plummer s mariposa lily shall be conducted by a qualified surveys prior to biologist Surveys shall be conducted during floweringpenod Grading Permit (May to July) m all portions of the protect site containm9 issuan swtable habitat If present, the number and location(s) will be ce documented and the resource agencies will be notified for consultation and possible collection and relocation B-8 A follow-up focus survey for the San Bernardino kangaroo rat shall be conducted prior to the issuance of CP B Verify results of g/p 2 grading permits If this speaes is determined to be present surveys prior to Grading Permit onsite, consultation with USFWS under the Endangered issuance Species Act shall occur and USFWS-approved mitigation measures shall be implemented B-9 A follow-up focused survey shall be conducted to confirm CP B Verily results of B/D 2 the absence of the coastal California gnatcatcher Special surveys prior to focus will be placed in the northwest comer of the protect site, Grading Permit which was not previously surveyed If this species Is issuance determined to be present onsde, consultation wdh USFWS under the Endangered Species Act shall occur and USFWS- approved mitigation measures shall be implemented B-10 The protect proponent will have a qualified biological CP A Venfy that the D 4 monitor present during initial brush cleanng to reduce monitor has been mortality to sensitive species, speafically sensitive rodent obtained prior to species, as well as inadental species Grading Permit issuance B-11 If grading activities are to occur during active nesting CP A Venfy that the D 4 season (generally February 15 -August 31), a field survey monitor has been shall be conducted by a qualified biologist to determine if obtainedpnorto active nests covered by the Migratory Bird Treaty Act and/or Grading Permit the CDFG Code are present If active nests are present, the issuance area will be flagged, along with a 100-foot buffer (300-feet for raptors) and will be avoided until the nesting cycle is complete B-12 The protect proponent shall obtain a Section 404 of the CP A Verify permit B 2 Clean Water Act permit from the U S Army Corps of status prior to Engineers and a 1603 Streambed Alteration Permii from issuance of California Department of Fish and Game prior to grading or Grading Permit any other groundbreaking activties, and shall complywdh the permit's mtigation requirements 5of13 .. -. • - -. .. Cultural Resource`s',:~° ; ~4~.~„r Y~F~+'~'~ ° ; ,.~ ~ ~ . ` .;~~~~~~;~e ~w; Y~~.._f - ~ , sus, x; x ~ ~ . :.r w CR-1 • Prior to the issuance of a grading permit, the protect CP A Verify that the ~ 2 applicant shall retain a City-approved archaeologist to monitor has been develop an archaeological mitigation plan and a discovery obtained prior to clause/treatment plan Both of these plans shall be reviewed Grading Permit and approved by the City The archaeological mitigation plan issuance shall include monitoring 50 percent of the excavafion actiwties on the protect site by aCity-approved archaeologist and/or their representative The discovery clause/treatment plan shall include recovery and subsequent treatment of any archaeological or historical remains and associated data uncovered bybrushmg,grubbingorexcavation The treatment plan shall provide procedures for the curation of any detected cultural specimens Any recovered cultural resources shall be (1 identified, sties recorded, mapped and artdacts catalogued as regwred by standard professional archaeological practices Examination by an archaeological speaalist shall be included Z where necessary, dependent upon the artifacts, features, or - sites that are encountered Speaalists will identrfy, date S and/or determine significance potential 4 CR-2 If the archaeological monitor discovers cultural CP C Venry results of ~ ~~, deposts, earthmowng shall be diverted temporarily around reports by the on- the deposits until the deposits have been evaluated, site monitor recorded, excavated and/or recovered, as necessary, and in accordance with aCity-approved recovery plan Earthmoving shall be allowed to proceed through the area after the archaeologist determines the artifacts are recovered and/or sde mitigated to the extent necessary CR-3 If a prewousiy unknown cultural site is encountered CP C Verify results of ~ 4 during monitoring and it is determined by the archaeologist reports by the on- that asignificance determination is regwred, the site shall be sde monitor evaluated and recorded in accordance with requirements of the State Office of Historic Preservation (i e , DPR 523 form) In this case, if the site is not determined to be significant, no measures subsequent to recording the site on appropriate forms are requued If any of the sites are determined to be significant, an adequate amount of artifacts at the specific archaeological site shall be collected by the City-approved archaeologist The archaeologist shall determine the amount of artdacts needed to be collected B 0~ , V S u .. , • ~. .. CR-4 If human remains are encountered dunng excavations CP C Venfy results of D 4 associated with this project, all work shall halt and the County reports by the on- Coroner shall be notified (Secton 5097 98 of the Public site mondor Resources Code) The Coroner will determine whether the remains are of forensic interest If the coroner, with the aid of the City-approved archaeologist, determines that the remains are prehtslonc, he/she wdl contact the Native Amercan I HentageCommisswn(NAHC) TheNAHCwillberesponsible for designating the most likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as regwred by Section 7050 5 of the Califomta Health and Safety Code The MLD will make his/her recommendations vnthin 24 hours of their notificafion by the NAHC This recommendation may include scientific removal and nondestructive analysis of human remains and items assocated with Native American burials (Seaton 7050 5 of the Health and Safety Code) , CR-5 Any recovered archaeological resources shall be CP C Venfy results of D 4 identified, sites recorded, mapped and artifacts catalogued as reports by the on- regwred by standard archaeological practices Examination siie monitor by an archaeological specialist should be included where necessary, dependent uponthe artitacts,featuresorsitesthat are encountered Specialists will tdenttfy, date and/or determine significance potential CR-6 A final report of findings will be prepared by the City CF C Verify results of D 4 approved archaeologist for submission to the City, protect reports by the on- applicant, and the Archaeological Information Center of the stte monitor San Bernardino County Museum The reportwill describe the history of the protect area, summarize field and laboratory methods used, if applicable, and include any testing or special analysis information conducted to support the resultant findings CR-7 Pnor to the issuance of a grading permit, the protect CP A Venfy that the D 2 applicant shall retain aCity-approved paleontologist The City- mondor has been approved paleontologist shall monitor all excavation actmties obtained poor to to areas of the project underlain by prevtously undisturbed Grading Permit sediments Earthmovtng in areas of the site where prevtously issuance undisturbed sediments will be buried but not dtsiurbed will not be monitored Monitoring shall begin once earthmowng reaches five (5) feet below the original ground surface ~ 7 of 13 Z ~~. .. ., • .. CR-8 Monitoring shall be conducted on a full-time basis to CP C Venty results of D 4 areas of the protect underlain by sensitive rock units reports by the on- associated with older alluvium being encountered by site monitor earthmoving CR-9. Should fossils be found within an area being cleared or CP C Venty results of D 4 graded, divert earth-disturbing activities elsewhere until the reports by the on- monitor has completed salvage If construction personnel site monitor make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find If too few fossil remains are found after 50 percent of earthmoving has been completed, monitoring can be reduced or discontinued in those areas at the protect paleontologist's direction CR-10 If paleontological resources are detected Prepare, CP C Venty results of D 4 identify, and curate all recovered fossils for documentation in reports by the on- thesummary report and transfer to an appropriate depository site monitor (i a ,San Bernardino County Museum) CR-11 A final report of findings will be prepared by the City- CP C Venty results of D 4 approved paleontologist for submission to the City, protect reports by the on- applicant, and the San Bernardino County Museum Ail site monitor collected speamens and the final report shall be provided to the San Bernardino County Museum ~ "Geolo9Y;anii;Solls" ~ ,,, ,~` ~ . ' '~',~~~`i~ <'s?a~'e~',~~,'~ ~~T~;<'~'r ,~ ~~ ~9;~y ,w,~°,~,-, ~.,- ft GS-1 Prior [o issuance of a bwlding permit for structures CP/BO A Report and Plan D 2 adjacent to the Etiwanda Avenue Scarp thrust fault on the review protect site, all structures north of this fault shall be set back 100 feet from the faulted zone and all structures south of this fault shall be set back 50 feet from the fault zone GS-2 Prior to the issuance of a bwlding permit, structures volt BO A Plan review C 2 be designed and constructed in accordance vnth the Uniform Bwiding Code and general engineenng standards forseismic safety for development within Seismic Zone 4 GS-3 Prior to the issuance of a grading permit, engineered BO A Plan review C 2 slopes of the protect site shall be designed in accordance with the Uniform Bwlding Code to resist seismically induced failures Slope design shall be based on pseudo-static stability analyses using soil-engineering parameters established for the site 8 of, . U n • .. -• .. GS-0 Prior to the issuance of a grading permit, the grading BO A Plan review and C 2 plans shall state that the loose, cohesionless soils located on notations the surface of the site shall be removed and recompacted . dunng grading operations GS-5 Prior to the issuance of a grading permit, the grading BO A Plan review and C 2 plans shall state that the native surticial and artificial fills on notation the protect site that are of low density, shall be removed and recompacted or exported offsrte GS-6 Prior to the issuance of a Final grading approval BO A , potentially unstable graded slopes that exceed approximately Plan review C 2 15 feet in height wdl require addmonal stabihzahon measures such as buttressing cut slopes with compacted fill, adding geognd reinforcement to fdl slopes, using a highercompaction standard, and/or using retaining walls GS-7 Prior to the issuance of a grading permit, the grading g0 A C 2 plans shall state that potentially compressible soils that are Plan review. located on the protect site shall be removed and recompacted in accordance with standard grading procedures GS-8 Prior to the issuance of a grading permit, the protect's CE/BO A Plan revew and C 2 soil engineer shall identify the method(s) of eliminating the potential for collapsible soils on the grading plan Potential notations methods include excavation and recompaction and presaturation and pre-loading of the susceptible soils in•place to induce collapse prior to construction After construction, infiltration of water into the subsurface soils shall be minimized by proper surface drainage which directs excess runoff from the proposed slopes and structures GS-g• Prior to the issuance of a grading permit, the grading BO/CE A Review of Plans C 2 plans shall state that dunng grading operations, the soil and notations engineer shall be consulted io relocate oversize rocks on the protect site to reduce the potential deficiency of fill materials that could result from the removal of oversize rocks on the protect sde NOIS@ ~ ~ +3~^(~ X - n ~ c~+i, ~t~T~.~. +`5 Yf~yt': ~~ ' NS '"~ 11 ~'[ ''L-.y~~*€ _4~ v U~ f5'`~' Ott J ~ ~ ~ ~k'S~~igy!~1a pF 'd~tt i~~~j,~ y..w-tr C-RA, y ~ ~ 4 ' _ . . ~ A. k N-1 During all protect site excavation and grading, the protect CP C Review notations A/C 2/4 contractors shall equip all construction equipment, fixed or on the Grading mobile, with properly operating and maintained mufflers Plen consistent with manufacturers standards 9 of 13 -. N-2 When construction operations occur m close proximity to CP C Review notations A/C 2/4 occupied residential areas, appropriate adddional noise on the Grading reduction measures shall be implemented, including Plan, and monitor changing the location of stationary construction equpment to during maximize the distance between stationary equipment and construction occupied residential areas, installing muffling devices on equpment, shutting off idling egwpment, notifying adlacent residences in advance of construction, and installing temporary acoustic barriers around stationary construction noise sources N-3 The construction contractor shall locate equipment CP C Review notations A/C 2/4 staging in areas that will create the greatest distance between on the Grading construction related noise and the noise-sensitive receptors nearest the ro ect site dur ll Plan, and monitor p t ing a protect construction during construction L N-4 During all protect site construction, the construction BO C Review notations A 4 contract shall limit all construction related activities that would on the Grading result in high noise levels to between the hours of 6 30 a m Plan, and monitor S and 8 00 p m Monday through Saturday No construction during shall be allowed on Sundays and public holidays construction \ N-5 The protect applicant shall construct sound barriers CP A Review of plans A/C 2/4 j } adlacent to the protect lots as shown m Exhibit 5 5-2 The heights of the sound barriers shall be between 3 and 6 5 feet and placed at the top of the proposed slope and at the edge of pads on the residential lots that border Etiwanda Avenue, Wilson Avenue, and East Avenue The sound barriers may be constructed of earthen berms, masonry, woad, or other similar materials, or combination of these materials to attain the total height required These sound barriers shall be solid, wdh no openings from the ground to the indicated height N-6 Prior to the issuance of a bwlding permit, residential CPBO A Plan review A/C yq structures proposed on all lots adlacent to Ehwanda Avenue, Wilson Avenue, and East Avenue will regwre mechanical ventilation so that windows can remain closed Furthermore, these residential lots will regwre upgraded windows such as double-pane windows, if these lots have second story structures To ensure the specific type of mechanical ventilation and paned windows are included in the bwlding plans, a final acoustical study shall be prepared for City approval prior to approval of Development Review applications for product development The final acoustical study shall identify the specific regwrements to reduce future interior nois~els to 45 d6 CNEL or less 10 0~ . • .. ~ -• . .. .. ~ Publlc Services anti UHliti+3s _ ~ , . *~~a°:~~~. ; ~ F-1 Pnor to the issuance budding permits, the proect FC A Plan review B!C 2 applicant shall obtain approval from RCFD of the designs for the fire flow and proposed fire resistant structural matenals W-1 Prior to the issuance of building permits, ilia protect li Cucamonga A Plan review B/C p app cant wdl be required to subma a water services development fee to ensure that adequate water supplies and Valley Water facilities are available to meet the protect demand Distract W-2 Pnor to the issuance of a bwiding permit for each phase, Cucamonga A Plan review B/C 2 the protect applicant shall submit a landscaping and irrigation Valley Water plan for common areas to the City for approval Landscaping Dlstrlct and vngahon within common areas shall be designed to ~> conserve water through the principles of Xenscape as defined in Cha t 19 16 f h ~ p er o t e Rancho Cucamonga Municipal Code WW-1 Prior to the issuance of occupancy permits, the Cucamonga A Plan review B/C 2 applicant shall provide funding to the Cucamonga County Valley Water _ Water Agency for sewer service Dlstrlct S S-1. Pnor to the issuance of bulding permits, the protect Etlwanda A Provide 8 2 applicant shall pay developer impact fees to the Etlwanda School Distract and Chaff J t U H h S h School Dlstrlct, vertflcation pnor ey oin nion ig c ool Distract m Chaffey School to permit S' accordance with Section 65995 of the Government Code for Dlstrlct s the proposed residences is uance Transportahonlfrafflc ~ - `~,'~'"`i°"~~"~ .'i ~~`~ i .r~ ";~~~~ %~ 1 dA "" ,r ..._. ~k z ,." _ w ~ , i 3 „ ~ ~'~n ':its ~ w a ~">r,~, ~`v`~ ~,'a~:. S;rfd`*'r}n i~ ~f' ~~ TT-1 The protect applicant shall contribute its fair share CE A Review C/D 2/3 toward local off-site traffic improvements On-site appropriate plans improvements wdl be required in contunction with the phasing or reports prior to of the proposed development to ensure adequate circulation permit issuance within the protect itself The fav share contnbution of all off- site improvements and timing of all onsite traffic improvements shall be subtect to an agreement with the City of Rancho Cucamonga This agreement shall be m place prior to tract map approval TT-2 The protect applicant shall update construction cost CE A Review C/D y3 estimates and prepare a current cost of the protect's fair appropriate plans share contnbuUon toward traffic improvements or reports pnor to permit issuance 11 of 13 • ... -. TT3 The protect appltcant shall construct Wilson Avenue CE A Review C/D 2/3 from Eliwanda Avenue to East Avenue as a Special Divided appropriate plans Secondary Artertal (165 tt Right-of-way) to contunction with or reports prior to development of the proposed protect or as determined by the permtt tssuance Development Agreement with the Ctty TT-4 The protect applicant shall construct the extension of CE A Review C/D 2/3 East Avenue from the south protect boundaryvnth a minimum appropriate plans 36-foot two-way paved access to the protect to contunction or reports prior to with development of the proposed protect or as determined by permit Issuance the Development Agreement with the Ctty TT-5 The protect applicant shall construct East Avenue from CE A Review C/D 2/3 the north protect boundary to Wilson Avenue to provide 44- appropriate plans foot two-way paved access and the full shoulder (curb, gutter, or reports prior to street lights, and side walks) on west side of the street in permit tssuance contunction with development of the proposed protect or as - determined by the Development Agreement with the Cary TT-6 The protect applicant shall construct Etiwanda Avenue CE A Review C/D 2/3 from the north protect boundary to Golden Pratne Dnve at its appropnate plans ultimate half-section width as a Secondary Arterial (96 ft or reports pdor to Right-of-way) m contunction with development of the permd issuance proposed protect or as determined by the Development Agreement with the City TT-7 Prior to issuance of building permits, the appltcant shall CE A Pnor to permtt D 2 provide funds in accordance with the City's Transportation issuance Development Fee Collection of these fees shall represent the prolect's 'Yatr-share" toward the following transportation improvements required for opening year (Year 2004) • Installation of a traffic signal at Etiwanda Avenue at Banyan Street • Installation of a traffic signal at East Avenue at Banyan Street Construction of a southbound right tum lane at the intersection of Etiwanda Avenue at Highland Avenue S '\ ~\I V ~ ,2 D~ i i ! n `t- S ... ... ... .... -. . .. : . . TT-8 Prior to the issuance of building permits, the applicant CE A Prior to permit D 2 shall provide funds in accordance with the City's Issuance Transportation Development Fee Collection of these fees shall represent the profect's'Yair share" toward the tollovnng transportation Improvements required for Buildout Year 2020 • Construction of one additional northbound lane to provide a shared left and through lane, and a shared right and through northbound lane, and one additional southbound lane to provide a shared left and through and a shared right and through southbound lane on East Avenue at Banyan Street • Construction of a westbound through lane on Highland Avenue at Etiwanda Avenue • InstallatOn of a traffic signal at the intersection of Etiwanda Avenue (North) at Wilson Avenue • Installation of a traffic signal at the intersection of Etiwanda Avenue (South) at Wilson Avenue Installation of a traffic signal at the Intersection of East Avenue at Wilson Avenue Key to Checklist Abbreviations Responsible Person `~~ ~'~~ ~(Moottp~ing~F~ecjuencjr`";~~ ~N~,ettiol,~o~EVerl I ~„'~a ;~Senctlons;_ - CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP - Ciry Planner or designee B - Pnor To Construction B - Olher Agency Permil /Approval 2 -Withhold Grading or Building Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Certificate of Occupancy BO -Building Official or designee D - On Completion D -Separate Submittal (Reports/Studies/ Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Deposit or Bonds FC -Fire Chief or designee 6 -Revoke CUP 7 - Cdauon 13 of 13 COMMUNITY DEVELOPMENT ~ ~ DEPARTMENT STANDARD CONDITIONS PROJECT#: SUBTT16072 SUBJECT: RESIDENTIAL SUBDIVISION APPLICANT: RICHLAND PINEHURST, INC LOCATION: NORTH OF WILSON AVENUE, BETWEEN ETIWANDA AND EAST AVENUES ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees maybe required by a court to pay as a result of such action The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition Approval of Tentative Tract Map SUBTT16072 is granted subtect to the approval of Annexation DRC2002-00865 Copies of the signed Planning Commission Resolution of Approval No 04-56, Standard Conditions, 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 constructionlgrading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations and, the Etiwanda North Specific Plan Completion Date / / / I I / / / / / G, N. ~vl ~~ Project No SUBTT76072 Completion Date 2 Prior to any use of the protect site or business activity being commenced thereon, all Conditions _/_/~ of Approval shall be completed to the satisfaction of the City Planner 3 Occupancy of the facilities shall not commence until such time as all Uniform Bwiding Code and _/_/_ State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance The buildings shall be inspected for compliance prior to occupancy 4 Revised site plans and building elevations incorporating all Conditions of Approval shall be _J_/- submitted for City Planner review and approval pnor to the issuance of building permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for ~~- consistency prior to issuance of any permits (such as grading, tree removal, encroachment, bulding, etc.) or pnor to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all ~~_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of budding permit issuance 7. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with ~~_ all receptacles shielded from public view. 8 All ground-mounted utility appurtenances such as transformers, AC condensers, etc ,shall be J_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Cdy Planner For smgle- famdy residential developments, transformers shall be placed in underground vaults 9 Street names shall be submtted for Cdy Planner review and approval in accordance wdh the ~~_ adopted Street Naming Policy prior to approval of the final map. 10 A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed _/_/~ control, in accordance with Cdy Master Trail drawings, shall be submitted for Cdy Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans Developer shall upgrade and construct all trails, including fencing and drainage devices, in confunction with street improvements a Local Feeder Trails (i e., prroate equestrian easements) shall, at a minimum, be fenced ~~_ with two-rail, 4-inch lodgepole "peeler" logs to define both sides of the easement, however, developer may upgrade to an alternate fence material b Local Feeder Trail entrances shall also provide access for service vehicles, such as _/~_ veterinarians or hay deliveries, including a 12-foot minimum drive approach Entrance shall be gated provided that equestrian access is maintained through step-throughs c Local Feeder Trail grades shall not exceed 0 5% at the downstream end of a trail fora _/_/_ distance of 25 feet behind the public right-of-way line to prohibit trail debris from reaching the street Drainage devices may be regwred by the Building Official d Provide a 24-foot by 24-foot corral area in the rear yard Grade access from corral to trail ~~_ with a maximum slope of 5 1 and a mwmum width of 10 feet e For single family residential development within the Equestrian/Rural Overlay District, at ~~_ least one model home shall be provided with a constructed 24-foot by 24-foot corral with appropriate Penang 11 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/_ Homeowners' Assoaation are subject to the approval of the Planning and Engineering Dmsions and the City Attorney They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first A recorded copy shall be provided to the City Engineer The Homeowners' Assoaation shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes ., , ~~ f -`1 70 Project No SUBTT76072 Completion Date 12 All parkways, open areas, and landscaping shall be permanently maintained by the property homeowners' association, or other means acceptable to the City Proof of this landscape owner , maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of bwldmg permits 13 The developer shall submit a construction access plan and schedule for the development of ali lots for City Planner and City Engineer approval, including, but not limited to, public notice requirements, special street posting, phone listing for communityconcems, hours of construction activity, dust control measures, and security fencing 14 Six-foot decorative block walls shall be constructed along the protect perimeter If a double wall condition would result, the developer shall make a good faith effort to work with the adfoining property owners to provide a single wall Developer shall notify, by mad, all contiguous property ' s owner at least 30 days prior to the removal of any existing walls/ fences along the project perimeter 15 For residential development, return walls and corner side walls shall be decorative masonry 16 For single family residential development, a 2-inch galvanized pipe shall be attached to each support post for all wood fences, with a minimum of two yz-inch lag bolts, to withstand high winds Both post and pipe shall be installed in an 18-inch deep concrete footing Pipe shall extend at least 4 feet, 6 inches above grade 17 Wood fencing shall be treated with stain, paint, or water sealant. 18 Slope fencing along side property Imes may be wrought von or black plastic coated chain link to maintain an open feeling and enhance views 19 On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk The 5-foot walVfence setback and the parkway shall have landscape and irrigation in addition to the required street trees Detailed landscape and irrigation plans shall be submitted for Cdy Planner review and approval prior to issuance of building permits The parkway landscaping including shrubs, ground covers and irrigation shall be maintained by the property owner The trees , developer shall provide each prospective buyer written notice of the parkway maintenance requvement, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property 20 Where rock cobble is used, it shall be real river rock Other stone veneers may be manufactured products D. Building Design For all residential development, provide condwt from each unit/lot and a pull box to connect to the street Provide interior structured caving for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the budding, FTTB) Plans shall be submitted for City Planner and Building Official review and approval prior to issuance of bwldmg permits E. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of bwldmg permits or prior final map approval in the case of a custom lot subdivision 2 All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting requved by this section shall include a permanent irrigation system to be installed by the developer pnor to occupancy / / _/-/. _/~_ _/~- ~-/- ~~. ~-/- ~-/_ ~~- -% /- _/~_ _/-/. 6, N, lei <i Protect No SUBTT16072 Completion Date F G. 3 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater _/_/~ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq ft of slope area 1-gallon or larger size shrub per each 100 sq ft of slope area, and appropriate ground cover In addition, slope banks in excess of 8 feet in vertical height and 2 1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq ft of slope area Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane Slope planting regwred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 4 For single-family residential development, all slope planting and irrigation shall be continuously _/~_ maintained in a healthy and thriving condition by the developer until each indroidual unit is sold and occupied by the buyer Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition 5 Front yard and corner side yard landscaping and vrigation shall be regwred This requvement ~_/_ shall be in addition to the regwred street trees and slope planting 6 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in ~_/_ the required landscape plans and shall be subject to Ctty Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be regwred by the Engineering Diwsion 7 Landscaping and vngation systems regwred to be installed within the publw right-of-way on the ~_/_ perimeter of this project area shall be continuously maintained by the developer g All walls shall be provided with decorative treatment If located in public maintenance areas, the ~_/_ design shall be coordinated with the Engineering Division 9 Landscaping and irrigation shall be designed to conserve water through the principles of ~~_ Xeriscape as defined in Chapter 19 16 of the Rancho Cucamonga Muniapal Code En vironmental 1 The developer shall provide each prospective buyer written notice of the Fourth Street Rock ~~- Crusher project in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property 2 The developer shall provide each prospective buyer written notice of the City Adopted Special _/~_ Studies Zone for the Red Hill Fault, in a standard format as determined bythe City Planner, prior to accepting a cash deposit on any property 3 The developer shall provide each prospective buyer written notice of the 210 and I-15 Freeways _/~- in astandard format as determined by the City Planner, prior to accepting a cash deposit on any property 4 Mitigation measures are required for the project The applicant is responsible for the cost of _/_/_ implementing said measures, including monitoring and reporting Applicant shall be regwred to r other forms of guarantee acceptable to the City Planner in the d t f cre i , o post cash, letter o amount of $719 00 prior to the issuance of building permits, guaranteeing satisfactory pertormance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions regwred by the approved environmental documents shall be considered grounds for forteit Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location _/~_ of mailboxes Multi-family residential developments shall prowde a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits Pro)eci No SUBTT16072 Completion Date . APPLICANT SHALL CONTACTTHE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE• ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements 1 Submit five complete sets of plans including the following a Site/Plot Plan, b Foundation Plan, c Floor Plan, d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and av conditioning, and g Planning Division Protect Number (i e , SUBTT #, SUBTPM#, DRC #) clearly identified on the outside of all plans 2 Submtt two sets of structural calculations, energy conservation calculations, and a soils report • Architect's/Engineer's stamp and "wet" signature are regwred prior to plan check submittal 3 Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance 4 Separate permits are requved for fencing and/or walls 5 Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Bulding and Safety Dmsion staff for information and submittal requirements I. Site Development 1 Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the protect file number (i e , DRC2001-00001) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Division for availabiliiyof the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of bulding permits for a new residential protect or mator addition, the applicant shall pay development fees at the established rate Such fees may include, but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Bwlding and Safety Division prior to permit issuance 3 Street addresses shall be provided by the Building and Safety Official after tracUparcel map recordation and prior to issuance of building permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday through Saturday, with no construction on Sunday or holidays -/-/- ~~- -/-/- ~~. -/-/- _/_/_ ~~- -/-/. ~_/- G , ~, M 73 Protect No SU6TT76072 Completion Date J. K. New Structures • 1 Roofing material shall be installed per the manufacturer's "high wind" instructions -/~- 2 Roofing materials shall be Class "A ° -/--~- Grading 1 Grading of the subtect property shall be in accordance with California Bulding Code, Cdy Grading ~-/- Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to -/~- pertorm such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the -/-/- time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, -/_J- submitted, and approved by the Bulding and Safety Official prior to the issuance of budding permits 5 As a custom-lot subdivision, the following requirements shall be met -/~- a Surety shall be posted and an agreement executed guaranteeing completion of all on-site ~~- drainage faalities necessary for dewatering all parcels to the satisfaction of the Building and Satety Offical prior to final map approval and prior to the issuance of grading permits b Appropriate easements for safe disposal of drainage water that are conducted onto prover -/-/~ adtacent parcels, are to be delineated and recorded to the satisfaction of the Bulding and Safety Offical prior to the issuance of grading and building permits c On-site drainage improvements, necessary for dewatering and protecting the subdroided ~~_ properties, are to be installed prior to issuance of bulding permits for construction upon any parcel that may be subtect to drainage flows entering, leaving, or within a parcel relative to which a bulding permit is requested d Final grading plans for each parcel are to be submitted to the Bulding and Safety Droision J_/_ for approval prior to the issuance of grading and building permits (this may be on an incremental or composite basis) e All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or -/_J- planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the Building and Safety Official In addition, a permanent vrigation system shall be provided This requirement does not release the applicant/developer from compliance with the slope planting requirements of Section 17 08 040 of the Development Code A separate grading plan check submittal is required for all new construction protects and for -/-/- existing bwldings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Ciwl Engineer v, t~ , i~ i `~I Protect No SU6TT16072 Completion Date APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1 Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and publtc drainage facilities as shown on the plans and/or tentative map Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc) shall be reserved as shown on the plans and/or tentative map 2 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline) 44 total feet on Wilson Avenue 33 total feet on East Avenue (42 feet north of Street °N") 52 total feet on Ettwanda Avenue 3 Corner property line cutoffs shall be dedicated per City Standards 4 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map 5 All existing easements lying within future rights-of-way shall be quitclaimed or delineated on the final map 6 Easements for publtc sidewalks and/or street trees placed outside the publtc right-of-way shall be • dedicated to the Ctty 7 The developer shall make a good faith effort to acqure the required off-site property interests necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462 5 at such time as the City decides to acqure the property interests required for the improvements Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acquire the off-site property interests regwred in connection with the subdivision Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost The appraiser shall have been approved by the City prior to commencement of the appraisal This condition applies in particular, but not limited to Wilson Ettwanda, and East Avenue M. Street Improvements 1 All publtc improvements (interior streets, drainage faalities, communitytrails, 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 2 Pursuant to City Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is regwred 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 bulding or unit, the development may have energy connections made to a percentage of • those buldings, or units proportionate to the completion of improvements as regwred by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy pnor to completion and acceptance of all improvements regwred by these conditions of approval of development -/-/- ~_/- ~-/- ~~_ _/~_ ~-/_ ~-/- ~-/- ~-/ ~-/. -I-/- _/~ 7 ~, H, i~ 75 Protect No SUBTT76072 Completion Date Construct the following perimeter street Improvements Including, but not limited to Street Name Curb & Gutter AC Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other W Ilson Avenue X X (c) X X (a) (h) Etlwanda Avenue X X X X X (h) East Avenue X (e) X X X (g) (f) (h) Notes (a) Median Island Includes landscaping and Irrigation on meter (b) Pavement reconstruction and overlays will be determined during plan check (c) If so marked, sidewalk shall be curvilinear per Standard 114 (d) If so marked, an In-lieu of constructlon fee shall be provided for this Item (e) Plus 14 feet east of the centerline (f) Between W Ilson Avenue and 25th Street provide 34-foot paved roadway for two-way traffic and north/south bike lanes (g) North of Street "N " (h) Traffic striping/signage (R26) 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 Clty Engineer and the Clty 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 constructlon permit shall be obtained from the Clty Engineer's Office In addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and Interconnect conduit shall be Installed to the satisfaction of the Clty Engineer d Signal conduit with pull boxes shall be Installed with any new construction or reconstruction protect along mafor 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 Clty 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 galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of Intersections per City Standards or as directed by the Clty Engineer f Existing Clty roads requiring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permits are required A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots h Street names shall be approved by the City Planner prior to submittal for first plan check Street improvement plans per City Standards for all private streets shall be provided for review and approval by the Clty Engineer Prior to any work being performed on the private streets, fees shall be paid and construction permits shall be obtained from the Clty Engineer's Office In addition to any other permits required -/-1~ ~~- ~~- ~-/~ ~~- -/-/- ~-/- ~-/- ~-/_ _/_/~ ~~ I-I, f~i 7~ Protect No SUBTT16072 Comoleoon Date L J Street trees, a minimum of 15-gallon size or larger, shall be Installed per City Standards In accordance with the City's street tree program Install street trees per City street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line Item within the construction legend stating "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1) " Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans The Ciry Engineer reserves the right to adtust tree species based upon field conditions and other variables For additional information, contact the Protect Engineer ~~ i N. Min Grow Street Name Botanical Name Common Name Space Spacing Size Gly. East Avenue pious cananensis Canary Island Plne 8 ft 25ft oc 15 gal FIII 60% (Background) Cercis occldentalls W estem Redbud 3 ft 20 R o c 15 gal In 30% (Foreground) Sophora taponica Japanese Pagoda Tree 5 ft 30 ft o c 15 gal 10% (Accent) Wilson Avenue Cercis occldentalls Westem Redbud aft 20ft oc 15 gal FIII 60% (Background) pious cananensis Canary Island Pme 8 ft 25 ft o c 15 gal In 30% (Foreground) Pyrus calleryana Bradford Pear 3 ft 20 ft o c 15 gal 10% (Accent) "Bradford' Etiwanda Avenue pious cananensis Canary Island Pine 8 ft 25 ft o c 15 gal FIII 60% (Background) Cercis occldentalls Western Redbud 3 ft 20 ft o c 15 gal In 30% (Foreground) Sophora taponica Japanese Pagoda Tree 5 ft 30 ft o c 15 gal 10% (Accent) All other streets, Select a street from the handout, following the guidelines for each street provide street names Construction Notes for Street Trees 1) Ail street trees are to be planted in accordance with Clty standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the Clty Inspector Any unusual toxicities or nutrient deficiencies may require backflll soli amendments, as determined by the City Inspector 3) All street trees are subtect to Inspection and acceptance by the Engineering Division 4) Street trees are to be planted per public Improvement plans only Intersection Ilne of sight designs shall be reviewed by the City Engineer for conformance with adopted policy On collector or larger streets, lines of sight shall be plotted for all protect Intersections, including driveways Local residential street Intersections and commercial or Industrial driveways may have Imes of sight plotted as required Public Maintenance Areas A separate set of landscape and Irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval poor to final map approval or issuance of building permits, whichever occurs first The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District Wilson Avenue Etiwanda Avenue slopes along the trail south of Etiwanda Avenue Public landscape areas are required to incorporate substantial areas ( % of mortared cobble or other acceptable non-Irrigated surtaces _~-~- ___J-~_ ~-~- -~-~- _~~. ~~ f-1 M 7 7 Protect No SUBTTt6072 Completion Date O. P 3 A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting _/_/ Distracts shall be filed with the City Engineer prior to final map approval or issuance of building ~ permits whichever occurs first Formation costs shall be borne by the developer 4 All required public landscaping and irrigation systems shall be continuously maintained by the _/_/_ developer until accepted by the City 5 Parkway landscaping on the following street(s) shall conform to the results of the respective _/_/_ Beautification Master Plan Etiwanda North Special Plan for W ilson, Etiwanda, and East Avenues Drainage and Flood Control 1 It shall be the developer's responsibility to have the current FIRM Zone designation ~~_ removed from the protect area The developer shall provide drainage and/or flood protection facilittes sufficient to obtain an unshaded °X° designation The developer's engineer shall prepare all necessary reports, plans, and hydrologtc/hydraulic calculations A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of bwldmg permds, whichever occurs first A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first 2 A final drainage study shall be submitted to and approved by the City Engineer pnor to final map _/~_ approval or the issuance of bwldmg permits, whichever occurs fvst All drainage facilities shall be installed as regwred by the City Engineer 3 Adequate provisions shall be made far acceptance and disposal of surface drainage entering the _/_/_ property from adjacent areas 4 A permit from the San Bernardino County Flood Control District is required for work within its _/ / right-of-way. ~ 5 Trees are prohibited within 5 feet of the outside diameter of any public storm dram pipe measured ~~_ from the outer edge of a mature tree trunk 6 Public storm drain easements shall be graded to convey overflows in the event of a blockage in a _/J_ sump catch basin on the public street, and provisions made to pass through walls Utilities 1 Provide separate utility services to each parcel including sanitary sewerage system, water, gas, ~_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards Easements shall be provided as regwred 2 The developer shall be responsible for the relocation of existing utilities as necessary ~ /_ 3 Water and sewer plans shall be designed and constructed to meet the regwrements of the _/_/_ Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CCW D is required prior to final map approval or issuance of permits, whichever occurs fvst Such letter must have been issued by the water district within 90 days pnor to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential protects u G~ ~+ t i~ 7% Project No SUBTT16072 Completion Date 4 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 Q. General Requirements and Approvals 1 Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved 2 Permits shall be obtained from the following agencies for work within their right of-way San Bernardino County, MW D, SCE and SBCFCD 3 A signed consent and waiver form to loin and/or form the Law Enforcement Community Faaldies District shall be filed with the City Engineer prior to final map approval or the issuance of bulding permits, whichever occurs first Formation costs shall be borne by the Developer 4 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved 5 Prior to finalization of any development phase, sufficient improvement plans shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer Phase boundaries shall correspond to lot lines shown on the approved tentative map 6 Prior to the issuance of building permits, a Diversion Deposit and related administratnre fees shall be paid for the Construction and Demolition Diversion Program The deposd is fulty refundable rf at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Division when the first building permit application is submitted to Bwlding and Safety Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition protect APPLICANT SHALL CONTACTTHE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED _J-/- / / ~-~- -~-~- ~-~. ~-/- ~~ C~ , 1-I , i'1 7 FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION Standard Conditions PROJECT #: PROJECT NAME: DATE: PLAN Tl'PE• APPLICANT NAME: OCCUPANCY FIRE PROTECTION SYSTEM REQUIRED LOCATION: FD REVIEW BY: SUBTT16072 Richland Plnehurst, Inc Mav 6, 2004 ER and Tentative Tract Map Review MDS Consulting Stan Morse R-3 Fuel Modification approved and East Moises Eskenazl, Sr Plans Examiner FSC-1 General Requirements for Public and Pnvate Water Supply General Guidance for Fire Hydrants. The following provides general guidance for the spacing and location of fire hydrants Remember these are the maximum permitted distances between fire hydrants a For single-family residential protects in the designated Hazardous Fire Area the maximum distance between fire hydrants is 400-feet No portion of the exterior wall facing the addressed street shall be more than 200-feet from an approved fire hydrant For cul-de-sacs the distance shall not exceed 150 ft b Fire hydrants are to be located 1 At the entrance(s) to a protect from the existing public roadways This includes subdivisions and industrial parks 2 At intersections 3 On the right side of the street, whenever practical and possible 4 As required by the Fire Safety Division to meet operational needs 5 The location of fire hydrants is based upon the operational needs of the Fire District to control a fire 6 Fire hydrants shall be located a minimum of 40 feet from any building 2 Minimum Fire Flow The required fire flow for this protect is 1750 gallons per minute at a minimu residual pressure of 20 pounds per square inch This requirement is made in accordance with Fire C Appendix III-A, as amended Please see "Water Availability" attachment for required verification of flow availability for the proposed protect G, H~ P"1 ~ U 3 Single-family Dwellings The minimum fire flow for one and two-family dwellings with a fire area (floor area measured in square feet) of 3600 square feet or less shall be 1000 gallons per minute The fire flow for dwellings having a fire area in excess of 3600 square feet shall be determined in accordance with Fire Code Appendix, Table A-III-A-1 4 Hazardous Fire Area The required minimum fire flow for structures located in the designated hazardous fire area shall be not less than 1750 gpm at 20 p s i residual For structures in excess of 3600 square feet use Table A-III-A-1 This flow may be reduced when the structure is protected by an approved automatic fire sprinkler system 5 Hydrants Used to Supply Fire Flow Public fire hydrants located within a 500-foot radius of the proposed protect may be used to provide the regwred fire flow subject to Fire District review and approval Private fire hydrants on adjacent property shall not be used to provide requred fire Flow 6 Show Existing Fire Hydrants and Mams• Existing fire hydrants and mains within 600-feet of the project shall be shown on the water plan submitted for review and approval Include main size FSC-5 Hazardous Fire Area 1 Designated Hazardous Fire Area This project is located within the "State ResponsrbtlrtyArea" (SRA), the "Very High Fire Hazard Seventy Zone" (VHFHSZ), City of Rancho Cucamonga "Htllsrde District," or within the area identified on the Rancho Cucamonga General Plan, Exhibit V-7 as High Probabrlrty-Hrah Consequence for Fire Risk These locations have been determined to be within the "Hazardous Fue Area" as defined by the Fire District This determination is based on maps produced by the California Department of Forestry and Fire Protection and the City of Rancho Cucamonga 2 Hazardous Fire Area Development Hazardous Fire Area Development. Place a note on the plans statin -Prior to the issuance of a bwlding permit, the applicant shall meet all regwrements for development and construction within the designated "Hazardous Fire Area " The minimum standard adopted by the Fire District and the City of Rancho Cucamonga is contained in the County Fire Safety Overlay District Standards This standard includes provisions for the following a Class A roof assemblies, b Fuel modificationlhazard reduction plans, c Approved Fire District access roadways, d One-hour fire-resistive construction with protected openings may be required, e Fire sprinkler system may be required, f The required fire flow of minimum duration shall be provided from an on-site water supply g Visit www co son-bernardino ca us/landuseservices/DevCode/805-Overlav%20Districts odf, for an Adobe copy The regulations are contained in Chapter 2- Hazard Protection, Article 2- Frre Safety (FR) Overlav D~stnct 3 Construction Standards Summary of construction regwrements for the Hazardous Fire Area a The roof shall be aClass Afire-resistive assembly approved by Bwlding and Safety Fire- retardant Class A wood shakes and shingles shall have completed a 10-year "natural" weathering test Class A roof assemblies shall be installed in accordance with their listing and manufacturer's instructions b The space between rafts at exterior walls shall be solidly filled with tight-fitting wood blocks at one and one-half (1-112) inches thick May be "boxed " ~, ~ i~ ~ ~ c The exposed surface of exterior wall must be listed as one-hour fire-resistive construction d All exterior doors must be solid core or wood portions shall be solid core wood e All windows, sliding glass doors or glass insets in does shall be constructed of approved dual- pane glass f Cantilevered or standard type desks shall be constructed of 1) A minimum of at least one and one-half (1-1/2) inch wood deck, and/or 2) Protected on the underside by materials approved for one (one) hour fire-resistive construction, and/or 3) Be of non-combustible materials, as defined in the Building Code g Patio covers attached or within 10-feet of a residential structure shall be constructed of materials not less than one-half (1l2) inch Plastic, bamboo, straw, fiberglass, or wood-lattice less than one-half (1/2) inch are not permitted h All required fences adtacent to fuel modification areas or wildland areas as conditions of approval for a protect shall be of non-combustible materials as defined in the Budding Code Any fence within 10-feet of the fuel modification area or wddland area shall be non-combustible Beyond 10- feet the may be constructed of any approved material All other fences, including those on the interior of the protect are not subtect to this requirement i Visit www co san Bernardino ca us/landuseserviceslDevCode/805-Overlay%20Districts pdf, for an Adobe copy The regulations are contained in Chapter 2- Hazard Protection, Article 2- Fire Safety (FR) Overlay Distract Review the County Fire Safety Overlay Distract standard for complete regwrements Contact the Fire Safety Division (909) 477-2770 4 Penmeter Roadway Requred A roadway shall be provided along the protect perimeter exposed to a fire hazard or fuel modified area The roadway is to allow fire district vehicle access Such roadway shall be a minimum twenty (20) feet in width, with a grade not to exceed fourteen percent (14%), and capable of supporting fire fighting vehicles Contact the Fire Safety Division at (909) 477-2770, Extension 3009, for specific regwrements 5 Power-operated Equipment Use in a Hazardous Fire Area Submit a "Fire Prevention and Control Plan" to the Rancho Cucamonga Fire Protection District, Fire Safety Division for review and approval The plan shall include tob location, specific fire tools to be maintained on-site, person(s) responsible for supervising the pro)ect (on-site), method of reporting a fire (cell phone, etc ), City or County Permit Number, contractors license number, address, tele hone number, etc 6 Fire Distract Approval Required for Equipment Use No power-operated equipment, including mobile, stationa , or ortable, shall be used without Fire Safet Division wntten a royal 7 Combustible Vegetation During the declared "fire season" or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, contact the Fire Protection District during normal business hours to determine if "special fire protection measures' are required to operate power equipment Call (909) 477-2770, Monday through Thursday, between 7 00 AM and 5 00 PM The ur ose of the call is to determine if extreme fire weather conditions are resent or ex ected to occur 8 Special Fire Protection Required "Special fire protection measures" include, but are not limited to, a A stand-by water tender with operating pump, tested and maintained fire hose and nozzles b Pre-wetting of the site to avoid the production of sparks, i e ,contact between blades or tracks an~ rocks, etc c The Fire District requires the contractor to maintain a firewatch for a minimum of one-hour following cessation of o erations each da ,, n d For welding, cutting or grinding clear away all flammable material from the area around such operation for a minimum distance of 10-feet A "hot-work" permit will be required e Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one five (5) gallon backpack water pump-type fire extingwsher fully equipped and ready for use at the immediate area during the operation FSC-6 Fuel ModificationlHazard Reduction Plan (Required Notes for All Maps and Plans) A 1 a 1 Hazardous Fire Area. This protect is located in the "Hazardous Fire Area" based on proximity to or exposure urban-wildland interface Mitigation measures are required The bwlding(s) shall be constructed in accordance with the standards contained in the San Bernardino County Fire Safety Overlay District- Area FR-1 or Area FR-2 A 1 a 2 Required Landscaping Plans Landscaping plans shall be submitted to the Fire Safety Division for review of proposed vegetation All groundcover, shrubs, plants, and trees are required to be fire-resistive in accordance with three (3) published references Refer to the following web site http //www ucfpl ucop edu/1-Zone/XIV/vegetate htm for additional information The plant palette shall include the common name for all vegetation The landscaping plan shall identify all native species proposed for retention A 1 a 3 Preliminary Fuel Modification Plan Prior to the issuance of a preliminary grading the applicant shall obtain the Fire District approval of a preliminary fuel modification/hazard reduction plan and program The plan(s) shall be prepared by an individual or firm qualified and experienced in wildfire hazard mitigation planning a Show all property lines, contour lines, locations of proposed bwldings or structures, b Show the 30-foot minimum defensible space for slopes less than 15% and 100-feet for slope 15% or more (Zone 1-Setback Zone) around the perimeter of each building or structure c Show each fuel modification zone (setback, irrigated, thinning, and interface thinning) d Show existing vegetation impacted by the regwred fuel modification and, if available, proposed vegetation to be planted in the fuel modification area The preliminary plans should be sensitive to rare, threatened, or endangered species and the applicant must be prepared to address their disposition in the final plans e Include photographs of the area that show the type of vegetation currently existing, include height and density, and relationship to grade f Describe the fuel modification methods to be used for vegetation removal, if appropriate, i e , mechanical or manual g Describe on the plan what exists up to not less than 600-feet beyond the site or development property line in all directions, i e ,built-up area, natural vegetation, roads, parks, green space, etc State on the plan who will have ultimate responsibility for maintenance of fuel modification zones A 1 a 4 Fnal Fuel ModrficaUon Plan Pnor to the issuance of any budding permit, the applicant shall obtain Fire District approval of a final fuel modification/hazard reduction plan and program The plan shall indicate the proposed means of achieving an acceptable level of risk to the structures by vegetation a Show each fuel modification zone (setback, irri ated, thinning, and interface thinning) Indicate ~~ , M 4 2 n locations of permanent zone identification markers b Include irrigation plans and specifications c Attach a landscape plan The landscape plan must identify the location and type of supplemental plantings The plans and specifications shall include both the common and botanical names of new and existing plants within the fuel modification area Clearly indicate on the plans the disposition of impacted existing vegetation d The landscape plan shall include any special or specific maintenance intended for the site such as pruning, "lambing" up, mowing, etc e Describe the fuel modification methods to be used for vegetation removal, if appropriate, i e , mechanical or manual f Describe on the plan what exists up to not less than 600-feet beyond the site or development property line in all directions, i e ,built-up area, natural vegetation, roads, parks, green space, etc g State on the plan who will ultimate responsibility for maintenance of fuel modification zones h Include on the title sheet any tract/protect conditions of approval, CC&R's, and/or deed restrictions related to the site or final fuel modification area Include a copy of the approved preliminary fuel modification plans with this submittal i Provide an appropriate recorded document filed with the County Recorder showing continued maintenance responsibility in the event of property transfer, change in membership of directors, change m CC&R's / Maintenance responsibility requirements and appropriate recorded document filed with the County Recorder A 1 a 5 Initial Inspection Prior to the issuance of a bwlding permit, the developer shall have completed, in cooperation with the Fire District, that portion of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire District, before the introduction of any combustible materials into the protect area Approval is subtect to final on-site inspection g Final Inspection and Documentation Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modification/hazard reduction plan shall be installed The Fire District shall inspect and approve the completed fuel modification areas Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire District The CC&R's shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation subtect to (annual) triennial inspections 7 Phased or Temporary Plans Phased protects or temporary fuel modification plans must meet the requirements for permanent plans and be approved by the Fire District g Single-family In-fill Pro/acts For asingle-family dwelling protect located in the Hazardous Fire Area, a simplified landscaping/fuel modification plan may be acceptable The plan shall detail the defensible space Provide a minimum 30-foot space for slopes less than 15% and a minimum one hundred (100) feet space for slopes of 15% or more Show proposed and/or existing vegetation Refer to the following web site for further information- http //www ucfpl ucoo edu/I-Zone/XIV/veoetati htm The Fue District can provide a single page sheet of standardized notes for inclusion on the construction plans r • FSC-7 Single-family Residential Sales Models 1 Minimum Access and Water Residential sales model homes require approved Fire District vehicle access and water supply from a public or private water main system FSC-12 Plan Submittal Required Notice Reqwred plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes, 1999 Electrical Code, Health and Safety Code, Public Resources Code, and RCFPD Ordinances FD15 and FD32, Guidelines and Standards NOTE In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans FSC-14 Alternate Matenals and Methods The Fire Safety Division will review requests for alternate materials and methods within the scope of our authority The request must be submitted on the Fire District "Application for Alternate Method' form along with supporting documents PRIOR TO ISSUANCE OF GRADING PERMIT- For Each Development Phase 1 Preliminary Fuel Modification Plan Prior to the issuance of a preliminary grading permit, the applicant shall obtain the Fire District approval of a preliminary fuel modification/hazard reduction plan and program The plan(s) shall be prepared by an individual or firm qualified and experienced in wOdfire hazard mitigation planning a Show all property lines, contour lines, locations of proposed buildings or structures, b Show the 30-foot minimum defensible space for slopes less than 15% and 100-feet for slope 15% or more (Zone 1-Setback Zone) around the perimeter of each building or structure c Show existing vegetation impacted by the required fuel modification and, if available, proposed vegetation to be planted in the fuel modification area The preliminary plans should be sensitive to rare, threatened, or endangered species and the applicant must be prepared to address their disposition in the final plans d Include photographs of the area that show the type of vegetation currently existing, include height and density, and relationship to grade e Describe the fuel modification methods to be used for vegetation removal, if appropriate, i e , mechanical or manual f Describe on the plan what exists up to not less than 600-feet beyond the site or development property line in all directions, i e ,built-up area, natural vegetation, roads, parks, green space, etc g State on the plan who will have ultimate responsibility for maintenance of fuel modification zones 2 Model Homes -Required Plans Prior to issuance of any grading permit please identify the lots selected for construction of residential sales models on a scaled site plan Include the location of required fire hydrants and fire district access roadways The site plan shall be submitted to the Fire Safety Division for approval PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1 Public Fire Hydrants Prior to issuance of any building permit, the applicant shall submit a plan showin the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District On the plan show all existing fire hydrants within a 600-foot radius of the protect 2 Public Installation All requred public fue hydrants shall be installed, flushed, and operable prior to delivering any combustible bulding materials on-site (i e ,lumber, roofing materials, etc) Water District personnel shall inspect the installation and witness hydrant Flushing The builder/developer shall submit a copy of the Water District inspection report to the Fire Safety Division Contact Water District to schedule testing 3 Hazardous Fire Area Construction The building or protect is located within the designated Hazardous Fire Area All buildings and structures shall be constructed in accordance with the provisions of County Fire Safety Review Area standards In the Hazardous Fire Area the applicant shall provide a modified one-hour fire-resistive wall for the following exterior wall(s) based on exposure to unmodified native vegetation or potential exposure to embers or debris from awind- driven fire For this proposed map lot 212 through lot 250 inclusive the following sides shall be constructed of one-hour modified fire-resistive construction a North Side- b East Side- c West Side- No vent openings are permuted on or in building components or surfaces that are parallel to any wall required to be constructed of modified one-hour fire-resistive construction 4 Hazardous Fire Area Development. Hazardous Fire Area Development Place a note on the plans statin -Prior to the issuance of a bwlding permit, the applicant shall meet all regwrements for development and construction within the designated "Hazardous Fire Area " The minimum standard adopted by the Fire District and the City of Rancho Cucamonga is contained in the County Fire Safety Overlay District Standards This standard includes provisions for the following a Class A roof assemblies, b Fuel modification hazard reduction plans, c Approved Fire District access roadways, d One-hour fire-resistive construction for exterior walls may be required, e The required fire flow of minimum duration shall be provided from the public water system or an on-site water supply 5 Architectural Plans- Single-family Residential Hazardous Fire Area Prior to the issuance of a building permit the applicant shall submit architectural plans for the review and approval of the Fire Safety Division The Fire Safety Division review is intended to ensure that conditions established during the development review have been included in the design of the protect Contact the Fire Safety Division (909)477-2770 6 Fuel Modification Plan- Initial Inspection Prior to the issuance of a building permit, the developer shall have completed, in cooperation with the Fire District, that portion of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire District before the introduction of any combustible materials into the protect area Approval is subfect to final on-site inspection 7 Budding Use Letter- Required Letter Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for each building on-site to the Fire District for review and approval A form that may be used to meet this requirement is attached at the end of the Fire District comments Provide a separate letter for each building or structure with storage use areas 8 Combustible Construction Letter- Required Letter Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadwa that meets Fire District Standards shall be in place and operational before an combustible ~,N~M ~~ u L~ material is placed on-site The roadway shall be maintained at all times PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1 Hydrant Markers All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On private property these markers are to be maintained in good condition by the property owner 1 Address Single-family New single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background The numbers shall be internally or externally illuminated during periods of darkness The numbers shall be visible from the street When bwlding setback from the public roadway exceeds 100 feet, additional 4-inch numbers shall be displayed at the property entry 2 Required Landscaping Plans Landscaping plans shall be submitted to the Fire Safety Division for review of proposed vegetation All groundcover, shrubs, plants, and trees are regwred to be fire-resistive in accordance with at least three (3) published references Refer to the following web site for additional information- http /Iwww ucfpl ucoo edu/l-ZonelXiV/veaetati htm The plant palette shall include the common name for all vegetation The landscaping plan shall identify all native species proposed for retention 3 Fuel Modification Plan- Final Inspection and Documentation. Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modrfication/hazard reduction plan shall be installed The Fire District shall inspect and approve the completed fuel modification areas Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire DisVict The CC&R's shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation subject to (annual) triennial inspections Items or Issues Not Identified Elsewhere 1 Provide a revised copy of approved vegetation management and fuel modification plans Include details for a minimum of 600-feet beyond subdivision boundaries G ~+~ iii 4,~ • RESOLUTION NO 04-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY OF RANCHO CUCAMONGA ENTER INTO DEVELOPMENT AGREEMENT DRC2002-00156, ASSOCIATED WITH TENTATIVE TRACT SUBTT16072, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR APPROXIMATELY 150 8 ACRES OF LAND, AND MAKING FINDINGS IN SUPPORT THEREOF, APN 0225-083-01,12,13,15,16 AND 20 A Recitals FD 1 Richland Pinehurst, Inc filed an application for Development Agreement DRC2002-00156, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subtect Development Agreement is referred to as "the application " 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 The subject property of the Development Agreement is legally descnbed herein 4 A true and correct copy of the proposed Development Agreement is attached as Exhibit . "A" to this Resolution 5 The Planning Commission has reviewed and considered the associated Envvonmental Impact Report prepared for said protect 6 All legal preregwsites pnor to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planrnng Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth in the Rentals, Para A, of this Resolution are true and correct 2 This Commission hereby speafically finds that the Development Agreement and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga 3 This Commission hereby finds that an Environmental Impact Report has been completed in compliance with the California Environmental Quality Act of 1970, as amended, and the Gwdelines promulgated thereunder, and further, that this Commission has reviewed and considered the information contained in said Environmental Impact Report 4 This Commission hereby recommends approval of the Development Agreementnttached hereto as Exhibit "A " 5 The Secretary to this Commission shall certify to the adoption of this Resolution PLANNING COMMISSION RESOLUTION NO 04-57 DRC2002-00156 - RICHLAND PINEHURST, INC . May 12, 2004 Page 2 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Maaas, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 2004, by the following vote-to-Hnt AYES COMMISSIONERS . NOES COMMISSIONERS ABSENT COMMISSIONERS. ~, ~J M K~~ DRAFT (as amended 04/12/2004) DEVELOPMENT AGREEMENT DRC2002-00156 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND RICHLAND COMMUNITIES, INC. CONCERNING PROPOSED TENTATIVE TRACT 16072 This Agreement (the "Development Agreement") is made and entered into this _ day of 2004, by and between the applicant Hdl Country S A Ltd . a Texas limited partnership and Richland Tracy Ltd a Florida Limited aartnersh~p, and the City of Rancho Cucamonga, a muniapal corporation (the "CITY") pursuant to the authority of Section 65864 through 65869 5 of the California Government Code Htll Country S A Lfd and Richland Tracy Ltd ,and their successors and assigns, if any, are referred to collectively hereinafter as the "Property Owners" The CITY and Property Owners are collectively referred to herein as the "Parties" RECITALS A To provide more certainty in the approval of development protects, to encourage prwate partiapation in comprehensive planning, and to reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or egwtable interests in real property, in order to establish development rights with respect thereto B Section 65865(b) of the California Government Code authorizes the CITY to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within the CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the period of time for annexation as speafied in the Development Agreement C Property Owners owns fee title to approximately 150 79 acres of real property located entirely within the County of San Bernardino (the "County") and more particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Protect Site") D On March 5, 2002, the CITY received an application for Tentative Tract Map (SUBTT16072), Development Agreement (DRC2002-00156), and a request for Annexation of the Proposed Protect An Environmental Impact Report has been prepared to address the potential environment impacts of the proposed protect and ali discretionary actions anticipated by the CITY and the Local Agency Formation Commission E As set forth in Ordinance No _ adopted by the City Council on (the "Enacting Ordinance"), the execution of this Development Agreement and performance of and compliance with the terms and conditions set forth herein by the Parties hereto (i) is in the best interest of the CITY, (u) will promote the public convenience, general welfare, and good land use practices in the CITY, (ui) wdl promote EXHIBIT "A" G~ N, I~ ~1U Development Agreement 1 Richland Communities, Inc preservation of land values, (iv) will encourage the development of the Protect by providing a level of certainty to the Property Owners, and (v) will provide for orderly growth and development of the CITY consistent with the CITY's General Plan AGREEMENT NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which us hereby acknowledged, the Parties agree as follows Section 1. GENERAL PROVISIONS A. Effectiveness of Development Agreement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shall only become operative and the rights and obligations of the Parties shall only arise, upon the date that the last of the following have occurred 1 The project site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not subject to judicial challenge, and 2 The Project and the Final EIR have been approved by the CITY and all entitlements have been issued for completion by Property Owners B. Term The term of this Development Agreement shall commence on the Effective Date of the enacting Ordinance and shall extend for a period of 10 years thereafter, unless this Development Agreement is terminated, modified or extended by arcumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extensions attributable to "force mateure" circumstances described in Section 2D5 hereof or by mutual written consent of the Parties Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect, provided, however, that such termination shall not affect any right or duty arising from the protect entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses C. Assignment Subtect to the terms of this Development Agreement, Property Owners shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, 'Transfer") the Protect Site, in whole or in part, to any person, partnership, toint venture, firm or corporation or other entity at any time during the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owners are in default, as defined in Section 3 C hereof, of any of the terms of this Development Agreement when the Transfer occurs Development Agreement 2 Richland Communities, Inc If all or a portion of the Protect Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Protect Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any portion of the Protect Site and not themselves in breach under this Development Agreement Any alleged breach shall be governed by the provisions of Section 3 C hereof In no event shall the reservation or dedication of a portion of the Protect Site to a public agency cause a transfer of duties and obligations under this agreement unless speafically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency Concurrently, with any such sale, transfer or assignment, or within ten business days thereafter, the Property Owners shall notify the CITY, in venting, of such sale, transfer or assignment and shall provide the CITY with an executed agreement, in a form reasonably acceptable to the CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of the Property Owners under this agreement D. Amendment of Agreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868 Notwithstanding anything stated to the contrary in this Development Agreement, the parties may enter into one or more implementing agreements, as set forth below, to clarfy the intended application or interpretation of this Development Agreement, without amending this Development Agreement Property Owners and the CITY acknowledge that the provisions of this Development Agreement require a close degree of cooperabon between Property Owners and the CITY and that, in the course of the development of the Protect Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, the Parties may do so through one or more implementing agreements (the "Implementing Agreement"), which shall be executed by the City Planner and by an authorized representative of the Property Owners After execution, each Implementing Agreement shall be attached as an addendum and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary Such Implementing Agreement shall not require the approval of the City Counal of the CITY and shall only be executed by the City Planner (on Behalf of the CITY), if the City Planner has made a reasonable determination that such implementing agreements are not materially inconsistent with this Development Agreement, and applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution of this Development Agreement Any chan~~glIes jt~o~this Development Agreement which would ~1 f~~ I I ~~ Development Agreement 3 Richland Communities, Inc impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purport to change land use designations applicable to the Project Site under the applicable Protect Entitlements, shall be considered "material" and shall require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868 Section 2. PLANNED DEVELOPMENT OF THE PROJECT A. Land Use and Protect Entitlements The Project Entitlements are depicted on the Tentative Tract Map and Conceptual Grading Plan attached hereto as Exhibits 1 - 17 Protect Entitlements refers to the following material related to the approval of the Development Agreement (DRC2002-00156) and the Tentative Tract Map (SUBTT16072) all plans that constitute the approved protect, all Planning Commission and City Counal Resolutions of Approval including the associated conditions of approval, and all mitigation measures included in the Mitigation Monitoring and Reporting Plan and the Environmental Impact Report The Parties acknowledge that, without being obligated to do so, Property Owners plans to develop the Protect Site in substantial conformity with the Protect Entitlements as approved by this Development Agreement During the Term of this agreement, the permitted uses for the Protect, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed bwldings, bwlding and yard setback regwrements, provisions for the reservation or dedication of land, design and performance standards and other terms and conditions of development of the Protect constitute the Entitlements as approved by this Development Agreement The specific terms of this Development Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Protect Entitlements The Parties acknowledge and agree that the total number of lots in the approved tract totals 358 lots and that lots may be modified, without increasing the overall number of lots, as long as the proposed modification is found to be in substantial conformity with the Protect Entitlements as approved by this Development Agreement The City Planner shall exerese his reasonable discretion in the review of any proposed modifications to lots, and make the detennination of substantial compliance Other certain specfic modifications of the Protect Entitlements to which the Parties agree are set forth below All Exhibits attached hereto constitute material provisions of the Development Agreement, and are incorporated herein B. Rules and Regulations Pursuant to California Government Code Section 65856 and except as otherwise explicitly provided in this Development Agreement, (1) the ordinance, rules and regulations and offiaal polices governing permitted uses of the Protect Site, the density and intensity of such uses, and the design, improvement, and construction standards and specfications applicable to development of the Protect and in effect as of the date of this Development Agreement, and (2) and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and offical polices in effect as of the date of this Development Agreement, but only to the extent that they are consistent with the Protect Entitlements, as modified and/or amended by this Development Agreement (collectively the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and the Americans with Disabilities Act ("ADA") G, ~-, M ~ 3 Development Agreement 4 Richland Communities, Inc standards shall be followed, and the landscape standards applicable shall be those speafied in this Development Agreement or if none are so speafied, the CITY's Standards In the event of any conflict between the Existing Laws and the other CITY ordinances, rules, regulations and offieal pollees, then the Existing Laws shall control The CITY shall not be prevented in subsequent actions applicable to the Protect, from applying new ordinances, rules regulations, and policies in effect ("Future Pollees") to the extent that they do not conflict with the Existing Laws Such conflict shall be deemed to occur if, without limitation, such Future Pollees 1 modify the permitted types of land uses, the density or intensity of use, the maximum height or size of proposed bwldings on the property, building and yard setback regwrements, or impose requirements for the construction or provisions of on- site or offsite improvements or the reservation or dedication of land for public use, or the payment of fees or the imposition of extractions, other than as are in each case speefically provided for in this Development Agreement, 2 prevent the Property Owners from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such circumstances as the Property Owners would otherwise be entitled under this Development Agreement, 3 render any conforming use of the Protect Site anon-conforming use or any structure on the Protect Site anon-conforming structure C. Design and Infrastructure Issues 1 Street Sections The CITY desires that the design of Wilson Avenue, Etiwanda Avenue and East Avenue be designed as depicted in the Etiwanda North Speefic Plan Exhibit 13(B)/Section A-1, Exhibit 13(D)/with community trail, and Exhibit 13(E), respectively The following deviations from the standard CITY Engineering Division street standards or policies are acceptable as depicted on the approved plans included as part of the Protect Entitlements Street 'C' is acceptable as anon-standard cut-de-sac design, the centerline radius of Street 'A' is acceptable with a radus of 650-feet, and street sections on straight interior streets may be greater than 800-feet 2 Drv Utilities The Protect Entitlements do not regwre that Burd vaults be installed and the CITY and Property Owners agree that no Burd vaults will be regwred throughout the Protect Site The aboveground transformers/switchgear are acceptable subtect to selective placement subject to approval of the City Planner and SCE 3 Gated Community This Protect shall be a prroate gated community, including formation of a • Homeowners Assoeation, which shall own and be responsible for maintenance of common area streets and related purposes, including streetlights and sidewalks, drainage facilities, interim detention basins, utility easements, landscape/slope areas on either side of the Community Trail within the Fault Zone, any lettered lots interior and Development Agreement 5 Richland Communities, Inc exterior to the tract and wall within this Protect's boundaries Property Owner agrees to • loin Landscape Maintenance District No 7 a All gated entrances shall conform to the City's design gwdelines b City will support the creation of a new Landscape Maintenance District for the above-mentioned areas if Protect Owner can provide a design that can be cost-effectively maintained to the satisfaction of the City Engineer 4 View Fencing Open fencing may be utilized in rear-yard conditions only where view opportunities are present, subtect to mitigation measures that may otherwise be required for sound attenuation and/or fire protection 5 Gradm The Grading Plan, included in the Protect Entitlements, shall conform to the Design Guidelines of the Etiwanda North Speafic Plan However, with an average slope across the site of less than 8%, the Protect is exempt from the CITY Hillside Development Regulations of the Development Code 6 Community Trad The Property Owners shall design and construct improvements to the CITY Community Trail network along Etiwanda Avenue north of 'U' Street to the north tract boundary, and along East Avenue north of the Fault Zone Trail to the northerly tract boundary, in accordance with CITY standard Drawing 1002-A In addition, a Community Trail shall be developed through the Fault Zone, between Etiwanda Avenue and East Avenue, in accordance with CITY Standard Drawing 1004 Improvements to the Regional Trail within the Edison Corridor are not required as a condition of this development 7 Circulation Issues and Fees a Revisions to the Etiwanda north Speafic Plan/Phasing Plan The Property Owners shall construct East Avenue southerly between Wilson Avenue and Banyan Street, in lieu of extending Wilson Avenue easterly to connect to Wardman-Bullock Road b Transportation Fee/Traffic Impact Analysis The Property Owners shall construct arculation improvements necessary to serve the area in and around the Protect Site as generally depicted on Exhibit 18 - 20, and Property Owners shall construct additional regional transportation improvements depicted on Exhibit 22 In addition, the Property Owners shall comply with Transportation Development Fees In accordance with CITY ordinance Upon formation • of a Community Faalities District (CFD") Property Owners may include the cost of the improvement speafied in this Section 2 C 7 c as part of the CFD finanang The Property Owners shall receive credit against, or reimbursement of costs, in excess of the G, N, I~ ~5 Development Agreement 6 Richland Communities, Inc . Transportation Development Fee for the "backbone" improvements as described herein, in conformance with CITY Policy c Circulation Improvements/Reimbursement Requests The Property Owners shall design, construct, and complete the following improvements (Q Etiwanda Avenue Improve as a Secondary Arterial along the property frontage, as depicted in Exhibit 20 These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer (u) East Avenue North of Wilson Avenue to the northerly Tract boundary -Construct Collector Street improvements west of centerline and 18-feet of pavement east of centerline, for a total of 40-feet pavement width along with a 2-foot graded shoulder, as depicted in Exhibit 19 In addition, construct 44-feet of pavement for a distance of 200-feet north of Wilson Avenue, transitiomng back to 40-feet north of that point These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer The Property Owner may request a reimbursement agreement whereby the Property shall recover the cost for improvements east of the centerline from future development as it occurs on adtacent properties in the CITY limits If the Property Owners fad to submit for said reimbursement agreement within 6-months of the public improvements being accepted . by the CITY, all rights of the Property Owners to reimbursement shall terminate South of Wilson Avenue to Banyan Street -Construct 36-feet pavement width, as depicted in Exhibit 19 These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer The Property Owners shall receive credit against the Transportation Development Fee for backbone improvements, in conformance with CITY Policy The Property Owner may request a reimbursement agreement whereby the Property shall recover the cost for improvements south of the southerly Tract boundary from future development as it occurs on adiacent properties in the CITY limits If the Property Owners fad to submit for said reimbursement agreement within 6-months of the public improvements being accepted by the CITY, all rights of the Property Owners to reimbursement shall terminate (uQ Wilson Avenue Between Etiwanda Avenue to East Avenue -Install full-width Diwded Secondary Arterial improvements as depicted in Exhibit 20 These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer The Property Owners (or future developer) shall acgwre right-of-way from Metropolitan Water District (MWD), along with a permit for the improvements, on the south side of W ilson Avenue The Property Owners shall receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee for the median curbs and 14-feet of pavement on both sides, in conformance with CITY Policy The Property Owner may request a reimbursement agreement whereby the Property . Owners shall recover the cost for improvements, other than the 'backbone', including median landscaping south of the centerline and along the Not-A-Part parcel, from future development on adiacent properties If the Property Owners fad to request said ~J N~ (~ 6b Development Agreement 7 Richland Communities, Inc reimbursement agreement within 6-months of the public improvements being accepted • by the CITY, all nghts of the Property Owners to reimbursement shall terminate Storm Drams Deviation from the Etiwanda/San Sevame Dramaoe Policv The Protect shall comply with the Etiwanda/San Sevame Drainage Policy with the construction of the 25~' Street Interceptor Channel along the Protects' north boundary line The Protect will deviate from the Etiwanda/San Sevame Drainage Policy with the construction of an mtenm detention basin to attenuate only developed stone flows to Wilson Avenue stone dram not currently attenuated by existing basins m Tracts 13527 and 14139 Etiwanda/San Sevame Area 3 Master Plan Storm Drain The Property Owners shall construct Etiwanda/San Sevame Area 3 Master Plan Storm Drain faalities along the north property boundary from Etiwanda Avenue to the Etiwanda Spreading Grounds, including culverts for both Etiwanda Avenue and East Avenue to cross the faality These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer Standard drainage fees for the protect shall be credited to the cost of permanent master plan faalities, m accordance with CITY Policy The Property Owner may request a • reimbursement agreement whereby the Property Owners shall recover the cost for such improvements from future development on adtacent properties If the Property Owners fail to request said reimbursement agreement within 6 months of public improvements being accepted by the CITY, or all rights of the development to reimbursement shall terminate If San Bernardino County Flood Control Distract regwres an interim basin for this faality, the same easement, maintenance and reimbursement issues will apply as for the Wilson storm drain basin(s) Wilson Avenue Storm Drain The Property Owners shall design, construct and install, an "Interim Detention Basin" for the Wilson Avenue Storm Drain, located as shown conceptually on Exhibit 22, tustified by a Final Drainage Report, which shall be approved by the City Engineer The Property Owners shall (i) Design the basin to mitigate developed flows from area bounded by Wilson, East and Etiwanda Avenues, and Southern California Edison, (u) Provide a temporary easement to the CITY over the lots which contain the basin, (ui) Provide for maintence of the Interim Detention Basin through annexation to an existing Assessment Distract, the formation of a new Assessment Distract, or the execution of a maintenance agreement satisfactory to the . City Engineer and the City Attorney that guarantees the private maintenance of the facility The Property Owners shall be responsible for the costs relating to the annexation to an existing Assessment Distract, the formation of a new District, or the preparation of a maintenance agreement T``h^^e CIT-Y7shall be provided with nghts of Development Agreement 8 Richland Communities, Inc • access to maintain the facility if private maintenance is insufficient The CITY shall have the right to assess those maintenance costs incurred by the CITY to the Property Owners Said agreement shall include a cash deposit as security for any maintenance costs the CITY may incur Said agreement shall be recorded to run with the property (iv) Pay an in-lieu fee for the removal of any interim basin improvements within the LMD areas (if applicable) and their replacement with the LMD Landscaping, pnor to final map recordation (v) Request that the CITY execute a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related faalities (outlet, etc) from future development using the basin If the Property Owners fad to request said reimbursement agreement within 6-months of the public improvements being accepted by the CITY, all rights of the Property Owners to such reimbursement shall terminate (w) Install local storm drams to convey development drainage to the existing Master Plan Storm Drain in Wilson Avenue, and extend the local storm drain system as far on-site as needed to contain 025 within the tops of curbs, 0100 within rights-of-way and prowde a 10-foot dry lane m 010 The cost of local storm drains shall be borne by the Property Owners with no fee credit 9 Park Fee/Equestnan Fee/Beautification Fee Property Owners shall pay the following development fees a The Property Owners shall pay CITY a sum totaling $358,000 (based upon $1,000 per urnt) for equestrian purposes The sum may be paid from CFD formation and funding However, the prorated share of the fee for each indroidual tract map must be paid prior to recording of said tract map The CITY shall reserve said funds for the intended purpose, or the Property Owners may directly participate in the construction of the CITY-approved North Etiwanda Equestnan Arena b. The Property Owners shall pay the CITY a sum totaling $2,362,800 ($6,600 per unit) for park purposes The sum may be paid from CFD formation and funding However, the prorated share of the fee for each individual tract map must be paid pnor to recording of said tract map In addition, the applicant shall receive park credit for improvements to the Commurnty Trail that traverses the site within the Fault Zone, in accordance with General Plan Policy The Trail Credit Graph (Exhibit III-12) of the General Plan establishes the basis upon which park credit is determined for Community or Regional Trail improvements Based on the analysis using the Trail Credit Graph, the Property Owners will receive credit for 1 5 acres, which is 35 percent of the total trail area The 1 5-acre credit equates to a dollar value of $600,000, which will be applied to the total value of the Park Fee as regwred in the paragraph above c The Property Owner shall not pay the CITY Beautification Fee of . $0 20 per square foot for residential construction if improvements to Wilson south parkway are made 1~, 1~~1 ' Development Agreement Richland Communities, Inc 10 Development Standards • The project shall be developed in accordance the CITY's Low-Density Residential District of the Etiwanda North Speafic Plan Number of Housing Units The project entitlements include 358 housing units 11 Design Review Process The Protect, and all subsequent applications for residential development, shall be subtect to the CITY DevelopmenUDesign Review process 12 Architectural Guidelines The Protect, and all subsequent applications for residential development, shall be subtect to the Architectural Gwdelines of the Etiwanda North Speafic Plan 13 Etiwanda Avenue Scarp Fault Zone The Etiwanda Avenue Scarp is located within an Algwst-Pnolo Fault Zone as depicted in the CITY General Plan Exhibit V-1, and is identified as a Fault Zone land • use distract as depicted in the CITY Etiwanda North Specific Plan Exhibit 10 The Property Owners have conducted a Geotechmcal Investigation (GeoSoils, Inc November 11, 1998) in order to define and identify the actual zone of faulting of the Etiwanda Avenue Scarp where it traverses the protect site A Fault Setback Zone, as recommended by the Investigation, is depicted on the Tentative Tract Map and the Conceptual Grading Plan included in the Protect Entitlements Habitable structures shall not be developed within the Fault Setback Zone, however, portions of the lot area may encroach in the Fault Setback Zone as depicted on the Tentative Tract Map and Conceptual Grading Plan included in the Protect Entitlements All improvements within the Fault Zone, as described in this paragraph and depicted in the Protect Entitlements, shall be completed prior to the issuance of bwlding permit of the 150' dwelling within the protect 14 Open Space Transfer Plan The Property Owners shall transfer to the County of San Bernardino Speaal Distracts OS-1, other qualified conservation entity approved by the City in fee, a minimum of 150-acres of off-site land for permanent open space and habitat preservation, along with funding in an amount to be determined by County of San Bernardino Speaal Distracts (or other conservation entity), to provide for long-term maintenance of said land The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the City Planner The transfer and funding shall occur prior to recording of the first final map of the Protect D. Timing of Development and Fees Development Agreement 10 Richland Communities, Inc • 1 Development of the Perimeter Landscaping and the Etiwanda_ North Specific Plan Neighborhood Monumentation All perimeter landscaping, including the Upper Etiwanda Neighborhood Monumentation as depicted in the Etiwanda North Speafic Plan Exhibit 25A-C, shall be completed according the following schedule (1) the East Avenue Perimeter, the Wilson Avenue perimeter, and the western Project perimeter south of the Fault Zone shall be completed prior to the release of occupancy of the 150"' dwelling within the protect, and (2) the Etiwanda Avenue perimeter, north of the Fault Zone shall be completed prior to the release of the 250'" dwelling umt within the protect Development of the Remainder of the Site Neither the Property Owners nor CITY can presently predict when or the rate at which phases of the protect shall be developed, since such deasions depend on numerous factors which are not within the control of the Property Owners including, without limitation, market orientation and demand, interest rates, absorption, competition and other factors The parties acknowledge and agree that Property Owners, subtect to the restrictions and conditions of this Development Agreement, retains flexibility under this Development Agreement to develop the Protect in such order and at such rate and times . as are appropriate within the exerase of the Property Owners' business tudgment The CITY further acknowledges that Property Owners may desire to market, sell, or otherwise arrange for disposition of some or all of the Protect Site, prior to development, and that the rate at which the Protect develops will likely depend upon the business tudgment of subsequent owners of the Protect Site 3 CITY's Cooperation CITY shall use good faith, diligent efforts to promptly process and take final action on any applications for permits or approvals filed by Property Owners with respect to the Protect Such cooperation shall include, without limitation, (a) using good faith, diligent efforts to process subsequent DevelopmenUDesign Review in accordance with state regulations, and (b) promptly processing all ministerial permits in accordance with Section 21 below Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Protect Site or the extent thereof, shall be deemed to conflict with Property Owners' vested rights to develop the Protect under this Development Agreement and shall, to that extent, not apply to the development of the Protect Processing and review of development proposals shall be subtect to established procedures in effect in the entire CITY, including Development and Design Review, as specified in the Existing Laws However, the criteria used in the evaluation of each development proposal shall be based on the obtectives, policies and speafic • development standards speafied herein 4 Force Maieure '.~~ ~ t ~U I ~~~~ Development Agreement Richland Communities, Inc Notwithstanding anything to the contrary contained in the Development • Agreement, Property Owners and CITY shall be excused from performance of their obligations under this Development Agreement during any period of delay caused by acts of God or avil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the Property Owners, as applicable The time of performance of such obligations as well as the term of this Development agreement shall automatically be extended by the period of such delay hereunder. E. Future Entitlements With respect to any entitlements that Property Owners may require in the future, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and DevelopmenUDesign Review, the CITY shall retain its discretionary review authority and the CITY's applicable ordinances, rules, regulations and official polices However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement and the CITY may only impose conditions upon such discretionary entitlements which are consistent with the Project Entitlements as approved by this Development Agreement, except as othervuise specfically regwred by state or federal law F. Environmental Review . Other than the mitigation measures and conditions of approval set forth in the EIR and the Protect Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Project, as presently approved and as evaluated in the EIR, shall be regwred In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2 F above), which is subject to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without regwnng new or supplemental environmental documentation In the event CEQA requires any additional environmental revew, the CITY may impose additional measures (or conditions) to mitigate, as permitted by CEQA, the adverse environmental impacts of such future entitlements, which were not considered at the time of approval of the Project G. CITY Fees and Mandates by State and Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Project and Property Owners (collectively "fees") fall within one of three categories (a) fees for processing land use and construction permit applications which are not otherwise governed by the provisions of Section 66000 of the Govemment Code (but which are subtect to the limitations set forth in Sections 66013, 66014, and 66016-66018 5 of the Government Code) (collectively, the "Processing Fees"), (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which purport to defray all or a portion of the cost of impacts to certain public faalities, improvements and other amenities from the development protects, including any fees described in Government Code Sections 66000 et seq (collectively, the G, H~ h'1 ~ O I Development Agreement 12 Richland Communities, Inc "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories), and (c) fees or other monetary exactions which may be imposed in the future by the CITY for purposes of defraying all or a portion of the cost of public faalities, improvements, or amenities related to development protects, but excluding the Existing Fee Categories ("other Fees") The Property Owners' obligation to pay Fees shall be speafically governed by the following provisions 1 Processing Fees The CITY may charge Planning and Engineering Plan Check and Permit Fees and Bwlding Permit Fees which are in force and effect on a CITY-wide basis at the time of Property Owners' application for a land use entitlement or a construction permit The amount of any Processing Fees shall be determined by the CITY in accordance with all applicable laws, including, without limitation, Government Code Sections 66013, 66014, and 66017-66018 5 (or any successor laws, as applicable) Unless otherwise agreed by Property Owners and the CITY, the Processing Fees assessed Property Owners shall be the same as those imposed upon other development protects throughout the tunsdictional limits of the CITY 2 Other Fees In consideration of the Property Owners' Agreement to modify the Protect Entitlements as speafically set forth in this Development Agreement and implement the timing of development in accordance with the terrns set forth above, no Other Fees shall be imposed upon the Property Owners or the Protect during the Term of this Development Agreement, except as may be specifically regwred to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate environmental impacts of the protect in accordance with 2 G above 3 Fiscal Impact Analysis CITY does not regwre Property Owners or the Protect to complete a fiscal impact analysis for application or issuance of any approvals or permits that CITY might issue under this Development Agreement H. Non-discretionary Permits The Parties acknowledge that in the course of implementing the Protect, Property Owners will, from time to time, apply to the CITY for various ministerial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, construction permits, certificates of occupancy and permits regwred to connect the Protect to utility systems under the CITY's turisdiction (collectively the "Non-Discretionary Permits") Property Owners shall have the right to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Policies under Section 2 B, above) The CITY shall issue to Property Owners, upon such applications, all regwred Non-Discretionary Permits, subtect only to compliance with the terms of this Development Agreement, the CITY's usual and customary fees and charges for such applications and Non- Discretionary Permits (subtect to the provisions of Section H above) and the terms and conditions of the applicable permit applications The CITY further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of . Property Owners in contunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals and consents regwred from the CITY to implement the Protect which are consistent with and further implement such Approved G, i~, M i Ud Development Agreement 13 Richland Communities, Inc Plans, shall be expeditiously processed and approved by the CITY in accordance with this Development Agreement Cooaeration 1 Cooperation with Other Public Agencies The CITY acknowledges that the Property Owners may apply from time to time for permits and approvals as may be regwred by other governmental orquasi-governmental agenaes having turisdiction over the Protect, in conjunction with the development of or provision of services to the Protect, including, without limitation, approvals in connection with developing and implementing a tertiary water system, potential transportation improvements and other on-site and off- site infrastructure The CITY shall cooperate with Property Owners in its efforts to obtain such permits and approvals from such agenaes (including without limitation, the Cucamonga Valley Water District, and the Inland Empire Utilities Agency) 2 Construction of Off-Site Improvements To the extent that Property Owners are regwred to construct off-site street improvements as a condition of developing the Protect, the Property Owners shall make good faith efforts to acquire the off-site property interests required to construct such public improvements If Property Owners fail to do so, Property Owners shall, at least 120 days prior to submittal of the first final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Sections 66462 and 66462 5 at such time as the CITY decides to acquire the property interests required for the public improvements Such agreement shall provide for payment by Property Owners of all costs incurred by the CITY if the CITY decdes to acqure the off-site property interests regwred in connection with the subdivision Security for a portion of those costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the CITY at Property Owners' cost The appraiser shall have been approved by the CITY prior to commencement of the appraisal To the extent that such off-site improvements, or the construction of any substantial infrastructure on-site, substantially benefit other property owners or other portions of the tunsdiction of limits of the CITY, the CITY agrees to assist Property Owners to the fullest extent possible in obtaining reimbursement or other fair share contribution by such other benefited property owners Such assistance may include, without limitation, conditioning the approval of development protects proposed by such benefited property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction cost of such improvements Without limiting the generality of the foregoing, the CITY agrees with respect to the infrastructure improvements which are adtacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to regwre fair share reimbursement to Property Owners for construction and related costs incurred in providing such improvements to the extent legally permissible 3 Public Finanang The Parties hereby acknowledge that substantial public improvements must be funded in order to contribute to the Park Fee, Equestrian Fee and School Fees and the remainder of the Protect Site and that public finanang of a substantial portion of these improvements will be critical to the economic viability of the Protect Subtect to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements, the CITY agrees to cooperate with and assist Property Owners to the fullest extent possible in developing ~JN,M I~3 Development Agreement 14 Richland Communities, Inc and implementing a public financing plan for the construction of the public infrastructure improvements The implementation of such plan may include, without limitation, the formation of one or more assessment distracts, or Mello-Roos community faalities districts, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan All formation costs shall be borne by Property Owners subject to reimbursement by the Community Facilities District J TheatClTYtagrees tospromptly formetheUnecessary~~LandscapeJMaintenance District (LMD) pursuant to California Streets and Highways Code Sections 22500 et seq (the "Landscape and Lighting Act of 1972") for the Protect development to encompass the Project Site as well as the area being annexed by the CITY However, the Property Owners shall annex to the existing Street Lighting Distract The Property Owners shall pay for the formation of the LMD The Parties agree that the LMD must be established no later than recordation of the first final tract map and that the CITY may create an LMD, which allow annexation of other areas In addition, if outside agencies, upon their review and approval of various components of the protect, impose any non-standard improvements that regwre extraordinary maintenance responsibilities of the CITY, the CITY may impose the creation additional maintenance distracts upon the proposed development Upon formation of the LMD, the CITY (through the LMD) shall assume full responsibility for the maintenance, repair and replacement of the improvements to be maintained by the LMD pursuant to the LMDs governing documents The Parties also acknowledge that assessments for the LMDs are collected annually in June, and to the extent that assessments are collected through the LMD for the period ending June 200X, the CITY may request, and the Property Owners agree to provide, a reasonable cash deposit to fund the LMD The CITY shall promptly upon receipt of assessments the following June, reimburse Property Owners for any such cash advances to fund the LMDs Section 3. ANNUAL REVIEW A. Good Faith Compliance Pursuant to California Government Code Section 65866.1, the CITY shall once every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Property Owners with the terms of this Development Agreement, provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual property owner who may own a parcel comprising the Protect Site In connection with such annual review, Property Owners shall provide such information as may reasonably be requested by the CITY in order to determine whether any provisions of this Agreement have been breached by Property Owners If at any time prior to the review period there is an issue concerning a Property Owners' compliance with the terms of this Development Agreement, the provisions of this Section 3 shall apply B, Certificate of Compliance If Property Owners are found to be in compliance with this Development Agreement after annual review, the City Planner shall, upon written request by Property Owners, issue a certificate of compliance ("Certificate of Compliance") to Property Owners stating that, based upon information known to the CITY, the Development v, N-,1~1 l u ~1 Development Agreement 15 Richland Communities, Inc Agreement remains in effect and Property Owners are not in default The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive record of notice of compliance Property Owners may record the Certificate of Compliance in the Official Records of the County of San Bernardino C. Finding of Default If, upon completion of the annual review, the City Planner intends to find that Property Owners have not complied in good faith with the material terms of this Agreement (a "Default"), he shall first give written notice of such effect to the Property Owners, pursuant to Section 3, Annual Review, subsection M -Notices, of this Agreement The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concerning Property Owners' compliance with the terms of this Development Agreement as the CITY may possess and which is relevant to determining Property Owners' performance under this Development Agreement The notice shall speaty in detail the grounds and all facts allegedly demonstrating such noncompliance, so Property Owners may address the issues raised on a point-by-point basis Property Owners shall have twenty (20) days after its receipt of such notice to file a written response with the City Planner Within 10 days after the expiration of such 20-day response period, the City Planner shall notify Property Owners whether he has determined that Property Owners are in Default under this Development Agreement ("Notice of Default") Such Notice of Default shall speaty the instances in which the Property Owners have allegedly faded to comply with this Development Agreement and the terms under which compliance can be obtained The Notice of Default shall also specfy a reasonable time for Property Owners to meet the terms of compliance, which time shall not be less than thirty (30) days from the date the Notice of Default was served on the Property Owners, and which shall be reasonably related to the time necessary to bring Property Owners' performance into good faith compliance D. Riaht to Aaaeal Upon receipt of the Notice of Default, the Property Owners may appeal the City Planner's decision dvectly to the City Councl Such appeal shall be initiated by filing a written notice of appeal with the City Clerk within the (10) calendar days following the Property Owners' receipt of the Notice of Default The hearing on such appeal shall be scheduled in accordance with Section 17 02 080 of the CITY Development Code At the hearing, Property Owners shall be entitled to submit evidence and to address all the issues raised by the Notice of Default If, after considering all the evidence presented at the hearing, the City Councl finds and determines on the basis of substantial evidence the Property Owners are in Default, then the City Councl shall specify in writing to Property Owners the instances in which the Property Owners has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for Property Owners to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and which shall be reasonably related to the time necessary to bring Property Owners' performance into good faith compliance In the event of a Notice of Default, the timeframe for compliance in Section 3 -Annual Review, subsection C -Finding of Default, of this Agreement cannot be enforced during this appeal process E. Property Owners' Cure Rights If Property Owners are in Default under this Development Agreement, it shall have a reasonable period of time to cure such Default before action is taken by the CITY to terminate this Development Agreement or to otherwise amend or limit Property C7 H, 1~1 ~ G5 Development Agreement ~ ~ 16 Richland Communities, Inc • Owners' rights under this Development Agreement In no event shall such cure period be less than the time set forth in the finding of Default made under Sections 3C or 3D above (as applicable) or less than the time reasonably necessary to cure such Default Any such cure period shall be extended by force ma~eure circumstances described in Section 2D5 above Section 4. ENFORGEMEN I A. Enforcement by Either Party Subtect to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the parties to this Agreement B. Cumulative Remedies In addition to any other rights or remedies, any of the Parties may institute legal action to cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to entoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamus All of the remedies described above shall be cumulative and not exclusive of one another, and the exerase of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy The provisions of this Section 4B are not intended to • modify other provisions of the Development Agreement and are not intended to provide additional remedies not otherwise permitted by law C. Attorney's Fees In any legal proceedings brought by either party to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection with such action Any such attorneys' fees and other expenses incurred by either of the Parties in enforang a tudgment in its favor under this Development Agreement, shall be recoverable separately from and in addition to any other amount included in this judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such tudgment Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subtect to the provisions of Section 1 C above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the' Parties, and their successors and assigns Insofar as this Development Agreement refers to Property Owners, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owners" shall refer to any such successor or assign B. Protect as a Private Undertaking It is specifically understood and agreed by and between the Parties that the Protect is a private development, that neither party is acting as the agent of the other in ~, N , M l o~ Development Agreement 17 Richland Communities, Inc any respect under this Development Agreement, and that each of the Parties is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement No partnership, toint venture or other association of any kind is formed by this Development Agreement The only relationship between the CITY and Property Owners is that of a government entity regulating the development of pnvate property and the owner of such pnvate property C. Captions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement D. Mortgaoe Protection 1 Discretion to Encumber This Development Agreement shall not prevent or limit Property Owners, in any manner, at Property Owners' sole discretion, from encumbering the Protect or any portion of the Protect or any improvements on the Protect, by any mortgage, deed of trust or other security dewce securing finanang with respect to all or any part of the Protect or any improvements thereon (a "Mortgage") 2 Effect of Default This Development Agreement shall be superior and senior to any mortgage subsequently placed upon the property, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust Despite • the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith for value 3 Mortgagee Not Obligated Notwithstanding anything in this Development Agreement to the contrary, (a) any holder of the benefiaal interest under a Mortgage ("Mortgagee') may acquire to or possession of all or any portion of the Protect or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by tudicial or non-~udiaal foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owners hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Protect as aforesaid, assign or othewwse transfer the Protect or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to the CITY and the assumption by the assignee or transferee of the obligations of the Property Owners with respect to the Property Owners or portion thereof so acquired which arse or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Protect or portion thereof so assigned or transferred, and (b) the consent of CITY shall not be regwred for the acquisition of all or any portion of the Protect by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Protect or such portion thereof, be deemed to have assumed all obligations of Property Owners with respect to the Protect or portion thereof so acqured which arise or accrue subsequent to the purchase date, but such purchaser shall not be responsible for any prior defaults of Property Owners, provided, however, that in either of the instances referred to in clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property Owners is a ~, t-E, I"I 107 Development Agreement 18 Richland Communities, Inc . condition to granting of a specific benefit or to the performance of a speafic covenant by CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder 4 Notice of Default to Mortgagee Right of Mortgagee to Cure If a Mortgagee files with the City Clerk, a wntten notice requesting a copy of any Notice of Default given Property Owners under this Development Agreement and specifying the address for delivery thereof, the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owners, any notice given to Property Owners with respect to any claim of the CITY that Property Owners have not complied with the terms of this Development Agreement or is otherwise in Default under this Development Agreement Each such Mortgagee shall have the right (but not the obligation) for a penod of thirty (30) days after the expiration of any cure period given to Property Owners with respect to such Default, to cure such default, provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thirty (30) day penod, and thereafter diligently pursues and completes such remedy or cure Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default ~f such Mortgagee shall, within such thirty (30) day penod, commences efforts to obtain possession and carry the same forward with diligence and continwty through implementation of foreclosure, appointment of a receiver or otherwise, • and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure penod specified in Section 3E above 5 Bankruotcv Notwithstanding the provisions of Section 5D4 above, if a Mortgagee is prohibited from commenting or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Protect Site by any process or injunction issued by any court or by any reason of any action by any court having ~unsdiction of any bankruptcy or insolvency proceeding involving Property Owners, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continwty to obtain possession of the Property dunng the period of such prohibition if Mortgagee is proceeding diligently to terminate such prohibition g Amendment to Development Agreement The CITY and Property Owners agree not to modify this Development Agreement or to allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the pnor written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed Notwithstanding anything stated above to the contrary, the CITY and Property Owners shall cooperate in including in this Development Agreement, by swtable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement The CITY and Property Owners each agree to execute and deliver (acknowledge, if necessary for recording purposes) any implementing agreement necessary to effect such request, provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under C,, H, i ~ i U~~ Development Agreement 19 Richland Communities, Inc this Development Agreement or be materially inconsistent with the substantive provisions of this Development Agreement, the Project Entitlements and the Existing Laws E. Consent Where the consent or approval of any of the Parties is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld F. Entire Agreement This Development Agreement and the documents attached to and referred to in this Development Agreement constitute the entire agreement between Parties with respect to the subtect matter of this Development Agreement G. Further Actions and Entitlements Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement H. Governing Law This Development Agreement including, without limitation, its existence, validity, construction and operation, and the nghts of each of the Parties shall be determined in accordance with the laws of the State of California I. Recording The City Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bernardino no later than ten (10) days following the effective date of this Development Agreement Once any lot or parcel in the Protect has been improved with a structure pursuant to this Development Agreement for which the CITY has issued a Certificate of Occupancy, this Development Agreement shall be deemed terminated with respect to such lot or parcel Whde Parties intend for such termination to be effective without further documentation, the CITY agrees to execute such documentation as a Title Company shall reasonably regwre to evidence such termination t the public record J. Time Time is of the essence in this Development Agreement and of each and every term and condition of this Development Agreement K. Waiver The failure of any of the Parties at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the strict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have onginally constituted a breach of or default under this Development Agreement from having all the force and effect of an original breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement No provision of this Development Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by any of the Parties ~,NI~~~~ Development Agreement 20 Richland Communities, Inc . L. Partiallnvalidity If any term, covenant, condition or provision of this Development Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall m no way be affected, impaired or invalidated thereby M. Notices All notices between the CITY and Property Owners and any transferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mail or facsimile Notice by personal delivery or facsimile shall be deemed effective upon delivery of such notice to the parry for which it is intended at the address set forth below (or, in the case of a transferee in a written notice to the CITY) Notice by mail shall be deemed effective upon receipt or refection of the addressee The Parties' current address are as follows To CITY Mr Jack Lam, AICP City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga CA 91730 With Copies to Mr James Markman City Attorney Richards, Watson, & Gershon One Civic Center Circle Brea CA 92821 To Property Owners Mr John Schafer Hill Country S A Ltd /Richland Tracy, Ltd 4100 Newport Place, Swte 800 Newport Beach CA 92660-1403 With Copies to Either Parties may change its mailing address or the person to whom notices are to be sent at any time by giving written notice of such change to the other Parties in the manner provided above N. Indemnification Property Owners hereby agree to indemnify, defend, and hold harmless the CITY and its Council members, representatives, agents, officers, attorneys, and employees (the "Indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement, the Land Use Entitlements, or both • IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year first above written ~, t•I, i"~ L I U Development Agreement 21 Richland Communities, Inc CITY OF RANCHO CUCAMONGA By Mayor Date ATTESTED TO. City Clerk Date RICHLAND TRACY, Ltd a Florda limited partnership By Richland Ventures Inc , a Florida Corporation, its general partner By Date Name/Title HILL COUNTRY, S A Ltd , a Texas limited partnership By Richland Stone Oak, Inc a Texas Corporation, its general partner By Name (Punt) Title Date APPROVED AS TO FORM City Attorney Date Attorney's for Hdl Country S A , Ltd Attorneys for Richland Tracy, Ltd Development Agreement ~~~}~~~I ~~~ 22 Richland Communities, Inc EXHIBIT "A" DEVELOPMENT AGREEMENT DRC2002-00156 LEGAL DESCRIPTION REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS PARCEL NO 1 (225-083-01) THE SOUTHWEST'/, OF THE SOUTHWEST 1/4 ,AND THE WEST''/z OF THE SOUTHEAST'/. OF THE SOUTHWEST 'h, ALL IN SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF EXCEPTING THEREFROM THE SOUTH 30 FEET THEREOF PARCEL NO 2 (225-083-13) THE NORTHEAST'/. OF THE SOUTHEAST'/, OF THE SOUTHWEST'/. OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF . PARCEL NO 3 (225-083-12) THE NORTHEAST '/. OF THE SOUTHWEST '/, OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LANDS EXCEPTING THEREFROM ALL MINERALS, MINERAL INTEREST, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, WITHOUT THE RIGHT TO ENTER UPON, PROCESS OR USE ANY PORTION OF THE SURFACE OF SAID LAND ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED TO RODERICK STEVENSON, ET AL, BY DEED RECORDED SEPTEMBER 11, 1981, INSTRUMENT NO 81-202051, OFFICIAL RECORDS PARCEL NO 4 (225-083-15) THAT PORTION OF THE SOUTH''/z OF THE NORTHWEST Y. OF THE SOUTHWEST Y. OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, LYING WEST OF A LINE DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH % OF NORTHWEST Y, OF THE SOUTHWEST '/,, SAID POINT BEING NORTH 89°10'42" EAST, 35699 FEET, FROM THE NORTHWEST CORNER OF SAID SOUTH % OF THE NORTHWEST'/. OF THE SOUTHWEST'/. AND SAID CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE, THENCE SOUTH 15°37'04" EAST, 476 71 FEET, THENCE BY A 1000 FOOT RADIUS CURVE TO THE LEFT, A DISTANCE OF . 213 30 FEET, TO A POINT ON THE SOUTH LINE OF SAID SOUTH '/~ OF THE NORTHWEST '/. OF THE SOUTHWEST Y. AND POINT BEING NORTH 89°10'35" EAST, 56340 FEET, FROM THE SOUTHWEST CORNER OF SAID SOUTH %z OF THE NORTHWEST Y. OF THE SOUTHWEST Y., SAID [;ORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE C~ H,l`~ il~ PARCEL NO 5 (225-083-161 THAT PORTION OF THE SOUTH % OF THE NORTHWEST'/. OF THE SOUTHWEST'/. OF SECTION COUNTY OF SAN BEORNARDNO, STATEEOF CALIFORN A ACCORDING TODTHEEOFDFI CIAL PLAT, LYING EAST OF A LINE DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH'/: OF THE NORTHWEST'/. OF THE SOUTHWEST '/., SAID POINT BEING NORTH 89°10'42" EAST, 356 99 FEET FROM THE NORTHWEST CORNER OF SAID SOUTH % OF THE NORTHWEST'/. OF THE SOUTHWEST'/., AND SAID CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE, THENCE SOUTH 15°37'04" EAST, 476 41 FEET, THENCE BY A 1000-FOOT RADIUS CURVE TO THE LEFT, A DISTANCE OF 213 30 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTH Yz OF THE NORTHWEST '/. OF THE SOUTHWEST Y., SAID POINT BEING NORTH 89°10'35" EAST, 56340 FEET FROM THE SOUTHWEST CORNER OF SAID '/~ OF THE NORTHWEST '/. OF THE SOUTHWEST Y., SAID CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE EXCEPTING THEREFROM AN UNDIVIDED '/x INTEREST IN AND TO ALL OIL, GAS, MINERALS 5 ODFEETOBELOW THEOSURFACE THEREOF, BUT W TDHOUTDANY RIIGHTS TO ENTER UPON TORE SURFACE OF SAID LAND OR TO THE TOP 500 FEET OF THE SUBSURFACE THEREOF PARCEL NO 6 THE SOUTHERLY 30 FEET OF THE SOUTH % OF THE NORTHWEST '/. OF SECTION 21, OF SAN BIERNARDMO~STATE OF CALI ORNIA ACCORD NG TO THE OFFRICIAL PLAT THEROEOFTM EXCEPTING THEREFROM THE EAST 20 FEET FLOOD CONTROL DHSTRICTOBYTDEED RECORDEDNMARCH 8O1 SESNNBOOK 273DONPAGE 4 5 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY PARC_ EL NO 7 THE NORTH '/, OF THE NORTHWEST Y. OF THE SOUTHWEST Y. OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE AOND OIN FLE IIN OTHE O D ICE OF THE BUREAU OF LAND MANAGEMENT~L, NOVEMBER 13, 1881, • C~, N, l'~ i 13 lr 11 u APN 0225-083-01-0-000 AND 0225-083-12-0-000 AND 0225-083-13-0-000 AND 0225-083-15-0-000 AND 0225-083-20-0-000 AND 0225-083-16-0-000 AND 0225-083-24-0-000 PREPARED UNDER MY SUPERVISION 4/1 /04 S LEY C O SE, P L S 3640 DATE LICENSE EXPIRES 6-30-2004 G WOSN00.EGALS7ANNEX DOC SAND U ~ ~ N PlJ1 C m z * Exp 6/30/2004 No 3040 P \~fAr_ dlC~\~ BOUNDARY MAP: P n h ~~ ~d ~ N ~~ r ~o vn ~~ ~o ~l®{ / / NW1/4 SBCFCD ~~ PARCEL 6 PARCEL 7 APN 225oe3za aPN z2s-oa3-zo Q NOT A PART p Q PARCEL 5 PARCEL 3 w NE11/SW 1k i APN 225-08312 s e PARCEL 5 APN 7[5-08316 6 %IMA IACATgN g1GMONC.A 1 YWA 057RICf P~HB7E' '' PARCEL 1 PARCEL 2 APH 225-083-0t NE11a SE 1N SW 114 ' 13 APN 71508. SW714 W1R SE714 SWip SE1M SEtl4 SW114 APN 225-08314 (NOT A PART) J~ WATER TREATMENT PLANT EASEMENT NOTES 1O' WATER P~EIYlE EASpIEMPet 3132i10R (NOWIOTFI) O WATER P~HINE EA$p„E7HT8MNNTENAIICE IN(YiESS EASEHENf pER9DYJ710R ~ rw2wRRUE~+cowAmoFOSama~N ,mvnoEEASELm+rwRR000P~2+m,~o~R~ SHtVATION OF SAN BEP11NiDN0 5O OP2WATELt P~EEIPE FASBBIT PERK ® ZvP~RaaoErsEA1ENTPEr+emmeoR O 30 PUBLIC ROAD DEED pER210311{70A ® 301NGRESSIEGRESS E1BEAffNf PER 42/6Y77 ® 2J FBGLM'AYROMBPUBUC UTH1fYEASBB7T PER 18090;17 p'pUBUC ROAD EASEMB1T PHt 90/m10R (' E)09T81G FASB,ffNiS TO BE OUR CLAM®) EXHIBIT "B" ~ N ~~~ ll`~ •m..m rac 92ieh[nnd `.PinrRuRet 9nc. ~. mnmMa fu mo~«« r.v~.m.n DEVELOP N' AGREEMENT EX 1' TRACT NO. 1 w.. ~- PROJEC' SIT ,.,,...a..a~. Sheet 1 of ma~oo smme~~rse .rr~~ ~!WMM r r ~c~a g~~ ~~ O __ ~c_vo y ~"__ ~-~ ~~ r+. 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CONCEPTUA GRADING PLAT a,~~~ sneer 7 or rY :" ®_ rs xw O r ~• ~ : me "" • '" ® -~ ~ ® ~~ ~~~ t 8 G m ,m m ®,~i~ ' ~i Ir ~ ~ iw ® ~~ .... ..r o.~:.mm...o ~-- ~,PSM .r ~--' -~- ~..a. ~•~~ ~ e~w~ ~~ ~ ~....® .® a~.z w~ ~r..~+~ t/ ei a .mv~. ~ II.IY ~q~~av<pmras a~.~w~o~aM W= am ~~~e~u TiO WN®w~AW~aM •~yq~a~~YlOVI r.~m~~~p~eom/~4T 1M 1M t ® .~. 8 o~" °""° _ _ ,r ~T a H I ~ •~ ~S.LL ` ` m ® ~ .~~ vewrt ~ ` ~ •w~ ~ ~~ wl ~~ ri .~ T Ad IBP/IQM1 ~C. ~\ P ® ~ _ ~~ ~ \ ® 1 _ ° ` * .... ~ ` ac - p i i PY"'-i ~ ~ __ "~ 1 _y - i O ...~ ~ • + i ~ ' aaa ,~ ~ ® ,. 1 I Y/i MY / ~n rn Im - m ® ,w,s 1>a L ® 'C C m ® ~A 11S m n. ® - EXHIBIT NO. 8 ~~ ~, ~~ ~~~ I ruc r-am .e~.m.ae ~ilsP~tNJC .~/iG Im woe M'IC (IN11i(Ii fAi ONllo-(IY ~.BNIm M DEVELOP AGREEMENT EX 1' TRACT NO. 1 7 ,n,., CONCEPTUA GRADING PLA ~~~>r Sheet 8 of ~.,~..m..._.._e._.a .__..~. ~' ~ ~~ {~~ ~~ 4~(~/~ 1CWyi .YX e m C~ uaom ~_ ~ma,.rp e,...sr .ea~wa.....o~~- ~s s~.~ ,o®s.~ -~ .eas~.ra _ ,omw..~ ~e®ia~. 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SFE SMET 5 ll.Bl. w~PO oup0i womw~~e ~ e~~ ~ gyms yMil~m ~~ vlruns ~ com~mnYrn ~ ~ w~~~es ~ ..lY wpesipim®6~i n FO~iI> a~~epOrMY M~ ~^ ~~ssw ns'~.m •~r.ve~~amr i •~11~~~1~111~m~ ~F0/1L• ./M~ ~(/lPRfNG~ ~IIG f wxw ew~ruoc ~~VC ON1~~ a '.9N1m 1Y DEVELOP AGREEMENT EX1~1' TRACT NO. 1607; ..~,, G N I~ ~~~ GRAD NG PLAI EXHIBIT NO. 10 ~ ~ ~,~~n ~a~~Sheet'IO~of 7 ~~W s~s~e • • L~ w m uoum ~~4 ~~~ w.~oma+n .omw+u ~~m w rP® ~~~ ~ '~°m~s~wwwn~rn :_~ .y .o~.s ~asvs~vem~~ a `i~~~~sOMS Y m ~pMVrmN~a ~e~u ~ ~~~N~pO~N1~N `~N~n~iv~uaN ~W~~~ EXHIBIT NO. 11 i 4 YI4L f~3DJ l.O.Rm 10! ~idlland `.Piitehtcret.'Jn~ ~.ses~wawa °w~i ~iq ~n ru nu~~~~ ~wpN®.'fl DEVELOPMEN AGREEMENT EXHIBI TRACT NO. 7 607 ~~~, G~ H~ M ~~~ GRAD NG PLa Shcet 11 of mv.m~m......_.ev.~ 00 O N {~={j ~3a1~{~~~~,~{~~8~~88~{~!!!!I ~~~~~ ~~~ ~~ ~ ~¢~:~~~~~R~i~~i9~~ i ~ a c~ -~ m ~ ~~~~~ ~ ~ ip k • _ d -~~' ; ~z oZm "~~{ ~s z~ mo':{{~, I~~~~ ~ io~~C -~-z ~~ C~ ~~ i-n=: _~_ .__ Il', i,l, Cl l Y i C~ ~~! .. ~-_.~ - - ~r ~~~ --- _.a~ - ,~~.~ _ ~w~ _. ~~a g ~e~~.r® ~~a, ~ .~e~.nw~.e~ .010 p~i~peNOS~.tO ~li~Ytl.YeoW7 y.~ysln ~a~aw ~nW_w71u Mv~~PW9M /~~NA•rw~Nef~~OVI da EXHIBIT NO. 13 ~, -~, + I ~a~ ~- gn[ f~1N ~.pI111m ~.IC ;Rj~{( ~indjuxet 9RG ~reerwvwce wi~~rav,uam rrun pwrw~a fAC ON)TM1w r.9A.m Al DEVELOPMEN AGREEMENT EXHIBI TRACT NO. 1607 ~, CONCEPTU~ GRADING PLA Sheet 13of ', ...~~~. cx s~~ a J u.ao ~_ ...® meee.r •' - _ ~~ I _ ~ uunur~ r-_~ ~~ f SEGf10. 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Sheet 14 of 2 ~.. ~..~..m{~.tl... .~..~._ ~ ~ :~~~ w..~~ ~...~~ rAd coon ~ws feoo nro teas SECTION'A-A' aroo aero ~eaa - nro ~eaa SECTION 'B•B' aros eras Caro nro zero "Y- 3 W O EXHIBIT NO. 15 SECTION 'C-C' xoro trop gem earo ,~ anon Caro gem nro iero pncv~rao voa ~7c/iland 5'L.eH<.weE inc. e rwnva onawex.oe waw•wv, u mrn puv~uo er. aoro iero iem tiro ~eao DEVELOPMENT AGREEMENT EXHIBIT TRACT NO. 16072 nesioerariK Cora ~ see GRADING SECTIONS CMP..e~.e II.N an ]NI Sheel 15 of X 8ECTION INDEX MAP ,m~ ,em „m ,~ xooo 19N IEW 1]Im ~~ Z W SECTION 4D' SECTION'S-E' PnEP~neo ran. `.R1cAfand 9'ineHeuret 3nc- mo am em eelrEnw rRwLwnL eun Im e.xleuwu mmr irM ~ 1~1 'IOaY1M PREPBREO BY EXHI~f NO. 16 DEVELOPMENT AGREEMENT EXHIBIT TRACT NO. 16072 RE9IDEMIN. LOTS 1-06! GRADING ~~~. >.~~ IONS S 16 of X17 IB]0 ,~ „~ ,~ SECTION INDEX MAP SECTION'P•F l~:' SECTKMi'H'-H' ~~9fi~~ SECTION'N'•TC _ ~• .e. "a SECTON'O'•'O' ~ se_°e a ~o..ea 3 e i TAM SECTON'M'•'M' ~~ ..~ ~~ ~• a- e,~ SECTON'N•R' SECTON'p'-'O' ~i~tepuxet .71IC r.sw«rwiwrt om m n'~i au»o+~rn rNC (rulnwl« •.~1.m .Yr G~ ~-, "I EXHIBIT NO. 17 DEVELOPMENT AGREEMENT EXHIBIT TRACT NO. 1607 ~.,~. GRADING SECTION ~~~nm ~. Shut 17~of 2: SECTNkI'O~G' BECTON T•T SECTON'J=J SECTION i'-i' v..~ur BECTON R'-R' o.~..~°TON m•.®. :JMIBR 9 EAST AVENUE lON XISTING lOVEMENTS I NO 20 FOR WILSON AVENUE K SECTION » ~~ rm..m.o~u ~ic!lfand `.P:nali..+et 9nc. ,..Q.~aw..a ....l,o bN1AMN4QRI rlpE. (ll~IlA~iQ fAl pU)1W)M rmuen m DEVELOPM 1 AGREEMENT EX'1 TRACT NO. 1 : rug ~o*s ~a EXHIBIT NO. 18 ~, ~+, t~ i~3 CIRCULATIO! IMPROVEMENT: yns..v r.aa x Sheet 18 Of 2 ..e m..s...~so..aw C I WLY ~ RAN fifi' ~ 4T (PROPOSED IMPROVEMENTS) - --- ;'- ~ 0 33' ~~ U~ m 1' OS 105 14' 3~rti - - - 7 q~ 4, `_ ~F3 SLOPE gpUNDA~RY~ 1N`1' ~ ,~ TEMPORARY GRADED SLOPES EAST AVENUE (NORTH OF WILSOP NTS 'FAST AVENUE DEDICATION EAST AVENUE (SOUTH OF WILSON AVENUE TO SUMMIT AVENUE NTS (IMPROVEMENB BASED ON'CONDRIONS OF APPROVAL' FOR T T 76113) ~inel4cret 9nc ~..v....~a.ouos ~,. a.xr.nw uvm r ~P~~m ~rn r.eum w. EXHIBIT NO. 19 ~~ ~> i~ 13`'~ ~~ ~_ __- _ ~~ - - - AVENUE~ DEVELOPMENT AGREEMENT EXHIBIT TRACT NO. 1607: „~„E,,,,w,,,.,~ TYPICAL STREET SECTION: a.~~a Sheet 19 of 2 ~.,.,~m.~.a....m.~e I _ ow BS' ~ ,~~~~~ ~~ R~ ~,. ,,,~ ,. +~• ,z eT sa 2sean s vnwES- r iz ~~ Z a 78 E%ISTINGRM' Ex1eTWORIW £ axe' ;= wow ~~~ ~a• oasrTR~cr zx g aR~ PERCrtrsro eour~nv tx ~ ~ ~ Imo ~ s x a wow ane $'Y+ r Pcc Roca ia~o WILSON AVENUE (24TH STREET) Kmeor,currae RTS xcsroEwwu •xnsan~w+uEOEmunoR -zxmrsioPE ~xEP~Tn E Etv 96 R/w sr __ _ __ _ _ __ _ _ _ _ 17 g 6 77 Z T _ _ _ _ _ __._ _ _. _ _ _ _ . _ PROPOSED IMPROVEwEN~S , _ _ CUR~8Olf1T6i "+ `, (~) _ ~ ~, ETIWANDA AVENUE NTS • ETI WN1Oh ~4FNUE OFDIGMp ~RB~.® M! ~( ~Il~/td ~t/tPR//+COC /f1C_ ~r.anrwo~wi' s a~r~iwu mor wo~_ Pv~~o+>W /IG (iM~l11M~M ~11011.m M DEVELOPM 1 - AGREEMENT EXH~7 TRACT NO. 16 7Z EXHIBIT N O. 2O G~ ~~ I~ ~ 2j Cj TYP~C SECTIRON9 a.o....=,.a,n m g ~ ~v~ Sheet 20 of 2: TABLE 6.2 • PROJECT FAIR SHARE INTERSECTION TRAFFIC CONTRIBUTION ~ ~ 2020 PROJECT ' VJITN TOTAL °% OF PROJECT TOTAL EXISTING PRGJECT PROJECT NEW NEW COST TRAFFIC TRAFFIC SHARE iNTERSECT~ON!SEG61E\T COST TRAFFIC TRAFFIC TRAFFIC Eliwanca Ave - Vest (NS) at 1 402 142 13 1°/, $15 734 1 083 • YJdson Ave EVV $120 OCO 319 El~wenca Ave - cas: (NS) at 000 $120 ' 291 I 1,450 160 $16.566 1,159 13 8°0 • VJdsor Ava (EW) , ' ~ 000 $120 928 1 X83 112 1,055 10 6% $12.739 ~ ~) • Summi' Ave ( , ' $309 000 1 214 I 2,20E 109 995 11 0°.'° $33,8`,0 • Hi hland.4ve [N. East Ave (NS)at ' $120000 D 1,305 1fi5 1,305 126°k $15,172 vJ) • Vvi~so~ Ave (E $736 000 510 1.656 106 1 146 9 29'° $08.262 • Summit Ave EYv I 5162 324 TOTAL $1,527 000 • nm.m rae ~1rRland `.PineAunet 9nc ..,... •4rtI.MMGQAI ••~1L A,•1 ~•.M Q ~rA.m.h •• DEVELOPMENT AGREEMENT EXHIBi~ . TRACT NO. 1607; „~..,,w,p,s,. GJ ~I M f REG IONALTRANSPORTATIOI XHIBIT Z1 NO COST ESTIMATE E . ~~~n Sheet 21 of 9 EXHIBIT 7-A CIRCULATION RECOMMENDATIONS CCNSTR'r'CT EAS'A`.E =ROLI T'fE NORTy PROJECT 8Q1N1A4Y'0 W1L501. AVE AT RS U_TII'FTC 4/~+SECTION'•AOTN AS A NAIOR?RTERIAI HNY NCOAJLNCTIOh L.IiH OEVELO~IAEM 1 2 3 ~ W 1 1 1 I Ft LL 5T CONSTRUC'ETIV.ANDA AVE FR01A 71E \CFTH ~T PROJECT NOVNOAFY TC TFE SCl''! PFD-ECT 60UNDAAV AT R9 U_TLNATE HALFSECTCN ~"IDTII AS AM4.011 AF~EflWLN4Y :\ \ I CClVNC13N V:RY De'VE_CPkEIr 1 CONSTRLCT N0.5CN AVE FROIA E~IYIANDA nVE TO FAS'AVE AT'(S LiTIMATE 1W.FdECT10N MDTH AS n sEtovDAr+rlnw NtaarAncTlon I I ~ I ~ 1 \ 1 l `1 1 1 \ 1 ' 1 II I \ I 1 V y ~l ~,,~~ 111 it ~I ' ~ t~ SITE '' .' 11 ~, 1, 1 1 ____ T~ ~_________ nILSQ\ I.VE I~ ~~ CONST(TJOI TFE E%TEh510A OF EAST AVE FfhV M1E SOUTi PROTECT 30UNOAR+NTTtin MNIIAI`A 36 FOD-PAVEL•~NL SECT qN'C PROVCE aRE rCCEi LEGEND .'TiaFFIC SI3N.4 T =SLOP 9131. ~ ='LLL ACCESS M1 ~; : yA engineering [-~wa.a~PRYg~ ES RNIeon~ Ap+C<GSSnm1Y Vwr.4 group) IrIC. i-7 ~,~I~~ EXHIBIT NO. 22 C C~ P11BJN1® IOIE ~iA!![and 9'ineAuxet 9nc >Y.ear r~m~we T~~'MN4WR1 IA'fA ~U1L~l~ ~)tl P.fO~.fm Nt ~ •~ ~ •.u.w u.~om uo.r.u DEVELOPM 7 AGREEMENT EXH~~ ~ 57 TRACT NO. 16 i RQy,ENT,AL LOT. ,J! REGIONAL TRANSPORTATION IMPROVEMENT P~w~.n..e~am Sheet 22of 2: ~.P~m.e.~,....~a.~ l._J r~ L_J ' BASIN I suc rbm ~ ~~ ~:cRLa~yuadiwet 9nc >..o.,..~..~.~ urt ~v wn~w.u~ !/S nM)~~V p r.s~.m m DEVELOPMENT AGREEMENT EXHIBIT TRACT NO. 7607; ,~,~ ~ 5Q INTERIM DETENTIOI ~>~ BASIN orRSa r~wa: Sheef 23 of ~ ar..mdem re ~~,~ Richland Wilson -Modification for Planning Commission Consideration May 12, 2004 CONDITIONS OF APPROVAL PC Agenda page G,H,M 16 Add the following Planning Division, Page 7, Item 1 8) The effective date of the approval of Tentative Map No 16072 shall be the last to occur of both of the following events (Q the date that Development Agreement No DRC2002-00156 has taken effect, and (u) the date that the annexation of the property into the City has occurred PC Agenda page G,H,M 16 Engineering Division, Page 7, Item 1b Revise (1 b) as follows "If entrances are gated, they shall conform to City design standards " DEVELOPMENT AGREEMENT PC Agenda page G, H, M 94-95 Page 5, Section 2, C, 3, Gated Community - See above Revise C 3 as follows Pnvate Landscape Maintenance This project shall form a Homeowners Association, which shall own and be responsible for maintenance of all lettered lots interior and exterior to the tract Maintenance responsibility shall include all perimeter walls and interim detention basins, as well as slopes and landscape areas adtacent to Community Trails within the Fault Zone and along perimeter streets In addition, the Property Owner agrees to loin Landscape Maintenance District No 7 a City will support the creation of a new Landscape Maintenance District for the above-mentioned areas if the Property Owner can provide a design that can be cost-effectively maintained to the satisfaction of the City Engineer This would replace the requirement for an HOA and Coining LMD 7 b If entrances are gated, they shall conform to City design standards and all interior improvements will become private In that case, the Homeowners Assocation will also assume responsibility for streets, streetlights, sidewalks, utility easements and storm drams/drainage facilities PC Agenda Page G, H, M 97 Page 8, Section 2, C, 8, c, Wilson Avenue Storm Drain Revise as c Intenm Detention Basin G - ~~, M MRY-13-2004 02:32 AM SFlGE. COUNCIL~SE+~OFF ICE 910 947 3091 P. 02 r T <a Not P svt ~~ ~ ~-:~ s~ eta,-,. ~9a ~~ r Rropc~e~ b-3 ~-r~r~`.-I~.e$ag~ Caa,rrcn~ ,bps au-~ Altevina~+~v~ -mat Increa~s ~ Fa,,,~1t Znr,a Sep ~~/M it i ~ Grcc,n BGIt /Park/ OP~n ace MRY-13-2004 04:10 AM SAGE. GOUNGI L~SE+~OFFICE 910 947 3091 P. 01 r ~ REVISEb ~ lT~ 'P~-A~•1 I~ }ZILN'4I'rr~D - pl Nfs-hUK.bT PRoo-EC.T' ~ 5 t'r'E M tTt~71AT1o1J MAB1TIrT R~SERV~ 8Z-acres . . Nor A ? avh Sd1.1D WALE, ~ MIN F16Y (o~~ NA7DR/t46Ti0-i& ~S II vN~rs ~ I$O RC61D6NTIAL Db'tt.~-IN(r5 5 PI R lT o ~ T1y~ SA csE ~a~tJCU:S L ALTBK.rvr~T-vE - ENVIRb'RI~-'l~ry~-M.. SupF~~Z ...I G-6d,M Douglas Doepke, Ph.D. Secretary, The Habitat Trust for Wildlife, Inc. 30 North Raymond Avenue, Suite 303 Pasadena, CA 91103 May l2, 2004 City of Rancho Cucamonga Planning Commission c/o Larry Henderson 10500 Cwic Center Dnve Rancho Cucamonga, CA 91730 Re Comments for Mav 12, 2004 PlannmQ Comm~ss~on Meetme / HeannQ Items G, H, I, J, J, K, L, M N, P & Q Richland Pmehurst (Items G, H, M), and Amendments to City's General and Eriwanda North Specific Plan (Items P, Q) To the Chair and Members of the City of Rancho Cucamonga Planning Commission: The Habitat Trust for Wildlife is a 501 c3 tax exempt nonprofit land tract dedicated to "Grvmg Nature Sanctuary "The Habitat Trust for Wildlife (The Habitat Trust or THTI currently holds m fee title three parcels of over 300-acres to the immediate north and northeast of the North Ehwanda Habitat Preserve Our organization has previously made and continues to make comments to the City and this Commission on the above matters, and has previously made comments on the Richland-Pmehurst protect through our legal counsel and representative, Craig Sherman, who spoke at a previous hearing Please consider our comments and concerns below m association to any action on the May 12, 2004 agenda About THE HABITAT TRUST FOR WILDLIFE, INC. The Habitat Trust was created by an out of court settlement with Spint of the Sage Council (Sage Council) over hUgat~on of the Rancho Ehwanda and Rancho Etrwanda Estates development protects and the City of Rancho Cucamonga (City) The three Nature Sanctuary parcels that we hold and manage are mrt~gation lands from the two projects The Habitat Trust is a California nonprofit corporation and a federa1501c3 nonprofit We are also a member of the Land Trust Alliance www I.TA or>? G- N, M The Habitat Trust ~s interested and willing to accept the mmgation lands of the Henderson Creek, Richland Pmehurst development protects, and others, m fee title for habitat conservation purposes with adequate funding for management It is our understanding that the County's Open Space Dismct has also offered to accept the mitigation lands and requires habitat management funds greater than what The Habitat Trust has assessed Management funding is extremely important to The Habitat Trust We are a small land trust that keeps our overhead costs to a minimum m the administration of our Nature Sanctuanes Our greatest costs aze that of consultants; independent contractors and legal representation Through our membership and dues with the Land Trust Alliance, we receive property insurance In addition, we are billed by the County Assessor for associated taxes Multiply these costs by years of future conservation, one can see that management funding and endowments are needed The Habitat Trust is currently requiring that management funds and/or endowments be granted commensurate and relation to the number of residential amts to be built rather than acres to be developed inconsideration of unauthorized human related impacts on the Nature Sanctuaries We believe that The Habitat Trust is the best entity to select that is truly dedicated to the conservation of imperiled habitats and wildlife Comments Pertaining to Matters on the May 12, 2004 Aeenda of the Plannin¢ Commission 1 he Habitat Trust appreciates the proactive steps that the developer for Kichland- Pmehurst Properties and its representatives, mcludmg John Schafer, have taken to our address some of our concerns and those made by the other involved non-profit organization, Spmt of the Sage Council While we believe that many of the impacts and mitigation measures are serving to make this protect a better and less-impacting one, we standby those pnor comments and continue to generally oppose development which • Is utilizing, swapping, trading and/or developing County Flood Control District lands These lands were deemed mmgation and open space azeas during pnor County and Army Corps flood control protects • Do not mmgate raze and diminishing sage scrub habitats to a level of less than significant, mcludmg Riversidean/Alluvial Fan Sage Scrub Habitats at mitigation ratios greater than a 2 1 ratio, and closer to 5 1 replacement ratios for AFSS/RAFFS and RUSS • Does not adequately buffer home and other structures from known and active earthquake faults, flood plains and wildfire hazazds • Promotes and encourages equestrian uses and trail development into areas neaz and adjacent to the North Etiwanda Habitat Preserve and THT Nature Sanctuanes • Lead to greater extraction of water resources from local watersheds and habitats for residential development and human consumption ~~athout being adequately mitigated • Changes, reduces or amends the environmental protection and open space standards set forth m the 1992 Etiwanda North Specific Plan through reduced lot size and increased density without mmgatmg the impacts on the environment -water, air, traffic, habitat loss and unpacts by human disturbances and equestnans The Habitat Trust, by approval of this Protect and Plan Amendments, is faced with greater management problems of our current and future Nature Sanctuanes m the North Etiwanda area More residential amts equal more people Without City and County Ordinances m place to place legal penalties on trespassers, shooters, off-road vehicles, equestnans off trails, pets off leash and feral animals, The Habitat Trust and conservation of habitat Sanctuanes are threatened by this development More people also consume more water, effecting our Nature Sanctuanes m Etnvanda and Henderson Canyons The City must revised the ENSP EIR and place conditions on Protect approvals to address these negative impacts We appreciate the continued efforts made this between these and other developers, this Commission and the City overall to continue to address these issues and concerns Please direct all communications to ether the Law Office of Crag Sherman (619) 702- 7892 or Leeona Khppstein (910) 947-5091 and (626) 676-4116 Thank you Sincerely, Douglas Doepke, Ph D Secretary, The Habitat Trust for Wrldhfe, Inc 30 North Raymond Avenue, Suite 303 Pasadena, CA 91103 cc John Schafer, Richland-Pmehurst T H E C I T Y O F RANCt1O UCAMONGA Staff Report DATE: May 12, 2004 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, Clty Planner BY• Larry Henderson, AICP, Pnncipal Planner SUBJECT' ENVIRONMENTAL IIIIMPACT REPORT AND ANNEXATION DRC2003-00753 - HENDERSON CREEK PROPERTIES, LLC. - A proposed Annexation of approximately 100 acres of land Into the Clty of Rancho Cucamonga, located within the Etlwanda North Specfc Plan at the northerly end of Wardman Bullock Road - APN• 0225-084-04, 0226-081-09 and 10, and 0226-082-28 and 29. • ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT DRC2003-00749 - HENDERSON CREEK PROPERTIES, LLC. - A proposed General Plan Land Use Amendment from Very-Low Residential (1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land, located at the northerly end of Wardman Bullock Road -APN• 0225-084-04, 0226-081-09 and 10, and 0226-082-29. ENVIRONMENTAL IMPACT REPORT AND ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00750 - HENDERSON CREEK PROPERTIES, LLC - A proposed Etlwanda North Specific Plan Amendment from Very Low Residential (.1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 63.5 acres of land and the proposed modification of the circulation system in the Etlwanda Highlands Neighborhood of the Specific Plan -APN. 0225-084-04, 0226-081-09 and 10, and 0226-082-29. ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC -The proposed subdivision of 63 5 acres into 123 lots for single-family development, within the Very-Low Residential Distnct ( 1-2 dwelling units per acre) of the Etlwanda North Specific Plan, located at the northerly end of Wardman Bullock Road -APN: 0225-084-04, 0226-081-09 and 10, and 0226-082-29 ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003-00751 - HENDERSON CREEK PROPERTIES, LLC - A proposed Development Agreement to address specific conditions of development and annexation for 63 5 acres of land, located at the northerly end of Wardman Bullock Road within the Etlwanda North Specific Plan -APN 0225-084-04, 0226-081-09 and 10, and 0226-082-29 ITEMS I,J,K,L,N PLANNING COMMISSION STAFF REPORT DRC2003-00753, DRC2003-00749, DRC2003-00750, SUBTT16324 - HENDERSON CREEK May12, 2004 Page 2 PROJECT AND SITE DESCRIPTION A Project Density Combined net density of the protect is 1 9 dwelling units per acre, overall gross density of the protect is 1 3 dwelling urnts per acre. B Surrounding Land Use and Zomng - fEtiwanda North Soecrfic Plan unless othervvise noted . Protect Site: - Very Low Residential (.1-2 dwelling units per acre) -The project site is vacant with the exception of the Henderson Creek Channel, which transverses through the northeast comer of the site North - Flood Control/Utility Corridor and Hillside Residential District -Overhead power transmission lines and assoaated easements belonging to Los Angeles Department of Water and Power, and Southern California Edison (SCE), and vacant land are located north of the site North of the easements are a few scattered single-family residences near the foothills of the San Gabriel Mountains. South - Flood Control/Utility Corridor, Conservation, and Very Low Residential (.1-2 dwelling units per acre) -The land area south of the site ~s presently vacant and is primarily within San Bernardino County Flood Control District (SBCFCD) and SCE easements or ownership Immediately southwest of the site is the SBCFCD Preservation Area East - Very Low Residential (1-2 dwelling units per acre) -The City's corporate boundary and Sheridan Estates (Tract 13564) are located east of the site. The Henderson Creek Channel transverses through the northeast comer of the protect site Land uses east of the site include Henderson Creek, Wardman Bullock Road, and Single-Family Residential West - Conservation and Flood Control/Utility Corridor -Land uses include Etiwanda Creek and SBCFCD conservation lands. C. General Plan Designations: Project Site - Very Low Residential (1-2 dwelling urnts per acre) North - Flood Control/Utility Corridor and Hillside Residential South - Very Low Residential (1-2 dwelling units per acre), currently the site of a proposed 300 acre annexation with a General Plan Amendment from Very Low Residential to Low Residential for approximately 80 acres of land, and from Very Low Residential to Flood Control/Resource Conservation for approximately 45 acres of land East - Low Residential (2-4 dwelling urnts per acre), currently the site of the existing Sheridan Estates (Tract 13564) West - Very Low Residential (1-2 dwelling urnts per acre), currently the site of proposed Tentative Tract Map SUBTT14749 -Tracy Development Company that includes a General Plan Amendment from Very Low to Low Residential. u • D Site Characteristics• The Henderson Creek Channel, trending northwest to southeast, transects the northeast comer of the protect site The Henderson Creek Channel is an . improved open, concrete-lined channel south of Colonbero Road, however, north of Colonbero Road, the channel is protected by improved levees, which direct the natural stream flow from the hillside into the improved channel through a concrete headwall at z-~, N 2 PLANNING COMMISSION STAFF REPORT DRC2003-00753, DRC2003-00749, DRC2003-00750, SUBTT16324 - HENDERSON CREEK • May12, 2004 Page 3 Colonbero Road. The complete facility is designed to accommodate a 100-year storm event. The project site is located on the Etiwanda Fan, and until the recent Grand Prix fire, which occurred October 24 and 25, 2003, supported four plant communities that included Upland sage scrub, flat-top buckwheat scrub, disturbed annual grasslands dominated by deenveed, and disturbed annual grassland. The protect site is vacant and is surrounded by undeveloped land, with the exception of the area to the immediate east, which includes the improved Henderson Creek Channel and single-family residential development. The southern and western boundaries of the site are adjacent to SBCFCD Preservation Areas SBCFCD established these areas as mitigation as a result of improvements to Etiwanda and San Sevaine Creeks. Prior to recent fire events, Upland sage scrub was the dominant vegetation type on-site Annual grasslands could be found on level terrain in portions along the eastern property boundary. Focused protocol surveys for the federally listed endangered San Bernardino Kangaroo Rat and the federally listed threatened California gnatcatcher were conducted on the protect site ANALYSIS. • A. Tentative Tract Mao The proposed protect is located at the northerly end of Wardman Bullock Road at the intersection with Colonbero Road Henderson Creek Properties is proposing the subdivision of 65.3 acres into 125 lots, including 123 single-family lots and two open space lots The remaining 25 1 acres are broken down as follows: Flood Control (9 9 acres), Utility Corridor (10 0 acres), and Open Space (5 2 acres) The current designations on the 19 9 acre portion is Flood Control and Utility Corridor and no changes are proposed as part of the protect. The 5 2 acre area located between Henderson Creek and the Utility Comdor is currently designated as Very Low Residential (1-2 dwelling units per acre), and would carry an Open Space designation upon approval of the proposed protect The protect would be developed at a density of 1 9 dwelling units per acre. The proposed 123 residential lots would range in size from 14,025 square feet to 45,755 square feet, with two lettered lots totaling 28,103 square feet for landscaped open space. The interior streets have been designed as public streets, with a 36-foot paved width (curb to curb) Sidewalks would be provided along all of the interior streets Property owners north of the site would continue to have access to their properties through two locations, one at the northeast comer of the site, which would connect to the existing access road leading north, and the second at the northwest corner of the site, which would connect to an existing dirt road All utilities are available at Wardman Bullock Road and Colonbero Road and can be extended into the protect site The on-site drainage would be directed southerly to the entry road and proceed to catch basins located on both the north and south sides of "A" Street Additional catch basins would also be provided near the southwest corner of both • the east and west sides of "D" Street. The 36-inch to 48-inch storm dram would be connected to an existing 66-inch storm drain located at the intersection of Wardman Bullock Road and San Segundo Road ~-L, N 3 PLANNING COMMISSION STAFF REPORT DRC2003-00753, DRC2003-00749, DRC2003-00750, SUBTT16324 - HENDERSON CREEK May12, 2004 . Page 4 Public improvements assoaated with the protect include provision of curb, gutter and sidewalk along the protect's interior streets The developer must complete the westerly portion of Wardman Bullock Road using "Collector Street" standards from Wilson Avenue to the south protect boundary The Site Plan was designed to terminate Wardman Bullock Road at the intersection of Coloribero Road to allow protect development. Access to properties north of the protect site would be provided by a paved roadway at the northeast comer of the site (between Lots 26 and 119), which would connect to the existing dirt road A Fuel Modification Plan has also been prepared to assist in developing site-specific precautions for fire protection. The purpose of the Fuel Modification Plan is to provde a wddland fire hazards assessment, along-term perimeter vegetative fuel modification and maintenance plan, and along-term "firewise landscaping" and fuel mod cation plan for the landscaped area immediately around all structures. B Desion Review Committee. The Design Review Committee (McPhail, Fletcher, Fong) reviewed the protect on Jan ary 20, 2004 The Committee discussed access for private property owners north of the site. Upon review of the protect, access was shown along both the east and west sides of the site, and was coordinated with the property owners north of the site, as well as with County Planning and Engineering Land Development staff. Additional discussion of the proposed subdivision included incorporating a row of equestnan-sized lots along the northern boundary of the protect site Access to the rear of • the lots is served by the standard 15-foot private equestnan easement that extends from Colonbero Road along the north boundary to the proposed public street near the west boundary. The four lots along "I" Street are also proposed as equestnan-sized lots The Committee recommended the Trails Advisory Committee review the project and provide any further comments for consideration in the completion of the protect review. C Technical Review and Gradino Committees The Technical Review and Grading Committees reviewed the proposed protect on January 20, 2004. The applicant received a tentative last of aA City standard codes and regwrements that vwll be applicable to the protect, +nclud+ng the street improvements regwred to accommodate the future traffic generated by the development All such City Standards and requirements are attached to the Resolution as Standard Conditions of Approval During revew of the protect, the Grading Committee recommended the tentative tract map be revised to: 1) Show details of the extension of "E" Street, 2) Include a new section (Section E-E) along the north protect boundary at the Henderson Creek improvements, 3) Revise Section B-B to show all improvements in the equestnan trail including drainage, Swale, and walls/fences, and 4) show location of horse corrals on north lots and include a 70-foot radws buffer area for lots with corrals The Grading Committee also recommended coordinating with the San Bernardino County Flood Control Distract (SBCFCD) to allow slopes along the south protect boundary to occur on SBCFCD property. The Technical Review Committee recommended an alternative Master Plan exhibit be provided that depicts access to the south and include a Master Plan of the adtacent property The Committee also recommended revision of the tentative tract map to show locations (including ownership) of all existing utility lines, and easements that traverse the property on any proposed relocation A Title Report was also requested to identify the disposition of all easements across the property All appropriate issues have been revised ~-~.,Ny PLANNING COMMISSION STAFF REPORT DRC2003-00753, DRC2003-00749, DRC2003-00750, SUBTT16324 - HENDERSON CREEK . May12, 2004 Page 5 in the tentative tract map and/or added to the Resolution of Approval recommending approval of the tentative tract map D. Trails Adwsorv Committee: The Trails Advisory Committee reviewed the project on January 14, 2004 The Committee paid particular attention to the development of the equestrian-sized lots and recommended the lots be graded in a manner that would allow a horse corral to be located at the same level as the proposed local equestrian trail. The Committee recommended that access be from the local equestrian trails to the nearby Regional trails located within the power corridor north of the site, and/or along the levee adtacent to Henderson Creek, and that appropriate drainage be provided along the trails to minimize erosion. Further recommendations included 1) The trail width be increased to 20 feet for the first 18 feet from the street side property line; 2) All comer turns receive a comer-cutoff to allow through traffic, and 3) Provide drive approaches at local street entries and include gates and step-thru posts E Development Agreement The Development Agreement has been prepared in order to address protect-speck improvements, fees, and other development standards and expectations for the benefit of the property owner and the City. The Development Agreement allows the applicant to identify all improvements and fees that will be regwred by the City upon annexation The Development Agreement has been reviewed by the City Attorney as to form and content. The basic points of the Development Agreement are summarized below: 1. Term of the Agreement. 10 years 2 The property owner shall design Wardman Bullock Road and Colonbero Road in accordance with Etiwanda North Speafic Plan "Collector Street" standards and "Local Street" standards, respectroely 3. The property owner shall construct Wardman Bullock Road at its ultimate half section width of 66 feet, and install curb and gutter, A.C pavement and 5800 Lumens HPSV streetlights along the west side of the street from Wilson Avenue to the south property boundary 4. Improvements to the Henderson Creek levee shall be completed under the direction of the San Bernardino County Flood Control District, prior to occupancy of homes in the affected areas. 5. Fees. The Property Owner shall pay a sum totaling $95,000 00 (based upon $1,000 00 per unit) for equestrian mitigation purposes, The Property Owner shall pay a sum totaling $811,800 00 ($6,600.00 per urnt) for park purposes, and In exchange for the construction of the landscaping improvements on the east side of Wardman Bullock Road, adjacent to the Henderson Creek Channel =-L, N S PLANNING COMMISSION STAFF REPORT DRC2003-00753, DRC2003-00749, DRC2003-00750, SUBTT16324 - HENDERSON CREEK May12, 2004 Page 6 improvements, the property owner is not required to pay City Beautification Fee of $0.20 per square foot for residential construction 6. The project shall be designed m accordance with the Etiwanda North Speafic Plan Development standards. 7. Open Space Transfer Plan: The Open Space Transfer Plan establishes a regwrement that the property owner transfer approximately 54 acres of land to the County of San Bernardino Speaal Districts OS-1, for permanent open space and habitat preservation, along with funding (m an amount to be determined by County of San Bemardino Speaal Districts), to provide for long-term maintenance of said land This shall be accomplished pnor to recording of the Final Tract Map. The property owner may, subtect to City Planner review and approval, select another appropriate non-profit entity to transfer said pemtanent open space. 8. The Development Ak reement establishes timeframes for completion of key infrastructure and community amenities, including the following: a) All perimeter landscaping shall be completed pnor to release of occupancy of the 75th dwelling, and b) All Master Plan storm dram improvements shall be completed pnor to the release of occupancy for the first dwelling m the project. F. Annexation: The proposed annexation would include a 90.4 acre site and an adtacent 10 0 acre site for a total of 100 4 acres, located at the northerly end of Wardman Bullock Road at the intersection with Colonbero Road. The 10.0 acre site is located north of the protect site and is currently used for utility easement and flood control purposes, and is not part of the tentative tract map, and currently has no development proposed City staff will forward the annexation application and all associated documentation to the Local Agency Formation Commission following City Counal certification of the Environmental Impact Report (EIR) and approval of the protect G Environmental Impact Reoort• An Environmental Impact Report (EIR) was prepared to address all actions that are anticipated for the review and approval of the protect, including the actions by the Planning Commission and City Counal and the Local Agency Formation Commission as well as actions that may be required by San Bernardino County Flood Control District, the Federal Emergency Management Agency, Army Corp of Engineers, Regional Water Quality Control Board, and California Department of Fish and Game, as applicable. Based on the findings and conclusions of the Initial Study that were prepared for the protect, the following potentially significant environmental impacts were analyzed within the EIR Land Use, Traffic and Circulation, Air Quality, Noise, Geology and Soils, Hydrology and Water Quality, Public Health and Safety, and Biological Resources A summary of all of the protect-related impacts and the recommended mitigation measures are provided m Table 2-1 of the EIR The EIR concluded that upon implementation of protect design features and all recommended mitigation measures, short-term impacts to air quality would remain significant Cumulative impacts of the proposed protect in conjunction with existing and proposed development within the community and surrounding area would be significant for T-~-~ N ~ PLANNING COMMISSION STAFF REPORT DRC2003-00753, DRC2003-00749, DRC2003-00750, SUBTT16324 - HENDERSON CREEK May12, 2004 Page 7 the following issues. Air Quality (short-term and long-term air emissions), Noise (short- term impacts related to construction and long-tenn impacts related to traffic), and Public Services (school impacts) Based on these findings, the City is regwred to adopt a Statement of Ovemdmg Considerations m accordance with California Enwronmental Quality Act (CEQA) Section 21081. The statement is attached to the Resolution of Approval CORRESPONDENCE. This item was advertised as a public hearng m the Inland Vallev Dady Bulletin newspaper, the properly was posted, and notices were marled to all property owners within a 300-foot radws of the protect site, and notices were sent to all individuals and organizations that have commented on the EIR dunng the public comment period. In addition, all mdiwduals that provided comments during the comment penod have received copies of the "Response to Comi ents" at least ten days pnor to this hearing, as regwred by CEQA. RECOMMENDATION. Staff regommends that the Planning Commission take the following actions in the order presented A Recommend that the City Council approve the General Plan and Etiwanda North Specific Plan Amendments B Certrfy the EIR for the purposes of tentative tract map approval and recommend that the City Council certify the Final EIR for all other applications, and C. Approve Tentative Tract Map SUBTT16324, and D Recommend that the City Council enter into Development Agreement DRC2003-00751 associated wdh the proposed protect Respectfully submitted, ~~ ~ Br u City Planner BB LH/tin Attachments Exhibit "A" - Vianity Map Exhibit "B" - Site Plan Exhibit "C" -Final Environmental Impact Report (under separate cover) Draft Resolution Recommending Approval of General Plan Amendment DRC2003-00749 Draft Resolution Recommending Approval of Etiwanda North Speafic Plan Amendment DRC2003-00750 Draft Resolution of Approval for Tentative Tract Map SUBTT16324 Draft Resolution Recommending Approval of Development Agreement DRC2003-00751 s-~, N ~ PO P~ Proied Site HENDERSON CREEK Q/ • RANCHO CUCAMONGA, CALIFORNIA HOGLE-IRF..I.<~ND LTC VICINITY MAP n ~... r ts.W.v Uia.rkyw.•i r.,,..,,n,.Fra. Z-~. ~ ~ Qj EXHIBIT "A" TTM 16324 -SITE PLAN 1SC ENdNEERING JULY, YOOJ UTILITY COORIDOR -VACANT ~ ~_ S.B COUNTY - RS-20M 'S - - - w w ~---~ +' w • - - ,\ - • ~ ~ • `\~ - I ~ `\ w ~ • w ~ ~~ • • • \~ • '-- ~ - - ~_ i _ FLOOD CONTROL -VACANT 1 w w ~ w w w ~ w • w • w t • - ~ _~j~ x - . ~ ., ... H ~ ~~ S.B. COUNTY - RS-20M/RL-10 -~ ~~ -~~~'~- C • RESOLUTION NO. 0458 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN LAND USE AMENDMENT DRC2003-00749, FROM VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE), FOR 63 5 ACRES OF LAND, LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD AT THE~INTERSECTION OF COLONBERO ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-08404, 0226-081-09 AND 10, AND 0226-082-29 A. Recitals 1 Henderson Creek Properties, LLC filed an application for General Plan Amendment DRC2003-00749, as described in the title of this Resolution. Hereinafter in this Resolution, the subtect General Plan Amendment i~ referred to as "the application." 2. On the 12th day of I~Aay 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said hearing on that date I 3. All legal prerequisites pnor to the adoption of this Resolution have occurred • 4. The Planning Commission has reviewed and considered the associated Environmental Impact Report prepared for said project 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 Rectals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission during the above-referenced public heanng on May 12, 2004, inGuding wntten and oral staff reports, together with public testimony, this Commission hereby speGfically finds as follows a The application applies to approximately 63 5 acres of land, basically a rectangular configuration, located at the northerly end of Wardman Bullock Road at the intersection of Colonbero Road, and is presently vacant, undeveloped, land. Said property is currently designated as Very Low Residential (1-2 dwelling units per acre), and b The property to the north of the subject site is designated Flood ControUUtility Comdor and Hillside Residential and is compnsed of vacant land, utility comdors, and scattered single-family residences The property to the west is designated Conservation and Flood Control/Utility Comdor and includes Etiwanda Creek Flood Control basins and conservation area The property to the east is designated Very Low Residential (.1-2 dwelling units per acre) and • includes single-family residential (Shendan Estates Tract 135114). The property to the south is designated Flood ControUUtility Comdor, Conservation, and Very Low Residential and is vacant land, utility comdors, and one single-family dwelling ~-~., N ~~ PLANNING COMMISSION RESOLUTION NO 04-58 GPA DRC2003-00749 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 • Page 2 c This amendment does not conflict with the Land Use Polices of the General Plan, and anll provide for development within the distnct in a manner consistent with the General Plan and with related development, and d. This amendment promotes the goals and obtectives of the land use element; and e. This amendment would not be materially intunous or detrimental to the adjacent properties and would not have a significant impact on the environment nor the surrounding properties 3. Based upon the substantial evidence presented to this Commission during the above-referenced public heanng and upon the speGfic findmgs of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The subtect property is suitable for the uses permitted in the proposed distnct in terms of access, size, and compatibility with existing land use in the surrounding area; and b The proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c The proposed amendment is in conformance with the General Plan. 4 The Planning Commission has reviewed and considered the assocated Environmental • Impact Report prepared for said project This Commission hereby recommends that the City Counal make the following findmgs a. The facts and findings set forth in the Statement of Facts and Findings are supported by substantial evidence in the administrative record and the Final EIR b. The Final EIR has identified all significant physical environmental impacts of the project and there are no known potentially significant physically environmental impacts not addressed in the Final EIR c The significant physical impacts identified in the Final EIR, as a result of the project have been mitigated, avoided, or reduced to an acceptable level by the imposition of mitigation measures on the project These mitigation measures are attached hereto as part of the Mitigation Monitonng Program and are incorporated herein by this reference d. The EIR identified one unavoidable project related impact as described in the Statement of Facts of Findings and the Final EIR, mitigation measures are incorporated into the project to reduce all other impacts to less than significant levels The cumulative impacts of the protect in relation to other projects in the area have been considered The EIR identified three unavoidable cumulative impacts as descnbed in the Statement of Facts of Findings and the Final EIR 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment DRC2003-00749 6 The Secretary to this Commission shall certify to the adoption of this Resolution z-L, N 12 PLANNING COMMISSION RESOLUTION NO 0458 GPA DRC2003-00749 - HENDERSON CREEK PROPERTIES, LLC. • May 12, 2004 Page 3 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich MaGas, Chairman ATTEST' Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the Gty 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 12th day May 2004, by the following vote-to-wnt: AYES: COMMISSIONERS: NOES: COMMISSIONERS' ABSENT: COMMISSIONERS u Z -~ ~ `~ \~ . RESOLUTION NO 0459 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING, APPROVAL OF ETIWANDA NORTH SPECIFIC PLAN AMENDMENT DRC2003-00750, A REQUEST TO CHANGE THE DISTRICT DESIGNATION FOR 63 5 ACRES OF LAND FROM VERY LOW RESIDENTIAL (1-2 DWELLING UNITS PER ACRE) TO LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE), FOR LAND GENERALLY LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD AT THE INTERSECTION OF COLONBERO ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN. 0225-08404, 0226-081-09 AND 10, 0226-082-29 A Rectals. 1 Henderson Creek Properties, LLC filed an application to amend the zornng designation of the Etiwanda North SpeGfic Plan, as descnbed in the title of this Resolution. Hereinafter in this Resolution, the subject Amendment is referred to as "the application " 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal prerequisites pnor to the adoption of this Resolution have occurred. • B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planrnng Commission of the Gty 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 an: true and coned 2. Based upon the substantial evidence presented to this Commission dunng the above-referenced public heanng on May 12, 2004, including wntten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property currently located vnthin the City of Rancho Cucamonga's Sphere of Influence The application applies to approximately 63 5 acres of land, basically a rectangular configuration, located at the northerly end of Wardman Bullock Road at the intersection of Colonbero Road, and is presently vacant, undeveloped, land Said property ~s currently designated as Very Low Residential (1-2 dwelling urnts per acre), and b The property to the north of the subtect site is designated Flood ControUUtility Comdor and Hillside Residential and is compnsed of vacant land, utility comdors, and scattered single-family residences The property to the west is designated Conservation and Flood ControUUtility Comdor and includes Etrvvanda Creek Flood Control basins and conservation area The property to the east is designated Very Low Residential (1-2 dwelling units per acre) and includes single-family residential (Shendan Estates Tract 13564) The property to the south is . designated Flood Control/Utility Comdor, Conservation, and Very Low Residential and is vacant land, utility comdors, and one single-family dwelling; and PLANNING COMMISSION RESOLUTION NO 0459 ENSPA DRC2003-00750 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 2 c This amendment does not conflict with the Land Use Polices of the General Plan, and will provide for development within the district in a manner consistent with the General Plan and with related development, and d. This amendment does promote the goals and objectives of the Land Use Element; and e This amendment would not be materially intunous or detrimental to the adtacent properties and would not have a significant impact on the environment nor the surrounding properties 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specfic findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby fit ds and concludes as follows a. The subtect property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area, as evidenced by its frontage on a public street and its size exceeding minimum size requirements for the land use designation, and I b The proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. The proposed amendment is in conformance with the General Plan and the Etrvvanda North Specific Plan. ' 4. The Planning Commission has reviewed and considered the assocated Environmental Impact Report prepared for said protect. This Commission hereby recommends thatthe City Councl make the following findings a. The facts and findings set forth in the Statement of Facts and Findings are supported by substantial evidence in the administrative record and the Final EIR b The Final EIR has identified all significant physical environmental impacts of the protect and there are no known potentially significant physically environmental impacts not addressed in the Final EIR. c. The significant physical impacts identified in the Final EIR, as a result of the protect have been mitigated, avoided, or reduced to an acceptable level by the imposition of mitigation measures on the protect. These mitigation measures are attached hereto as part of the Mitigation Monitoring Program and are incorporated herein by this reference d The EIR identified one unavoidable protect related impact as described in the Statement of Facts of Fmdmgs and the Final EIR; mitigation measures are incorporated into the protect to reduce all other impacts to less than significant levels The cumulative impacts of the protect in relation to other protects in the area have been considered. The EIR identified three unavoidable cumulative impacts as described in the Statement of Facts of Findings and the Final • EIR. PLANNING COMMISSION RESOLUTION NO 0459 ENSPA DRC2003-00750 - HENDERSON CREEK PROPERTIES, LLC. May 12, 2004 Page 3 5. Based upon the findings and conclusions set forth m paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Etiwanda North Specific Plan Amendment DRC2003-00750 to establish a Low Residential District at the site described in this Resolution. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Rich Mauas, Chainna I ATTEST• Brad Buller, Secretary' I, Brad Buller, Secretary of the Plannng 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 12th day of May 2004, by the following vote-to-wit AYES. COMMISSIONERS NOES COMMISSIONERS NOES COMMISSIONERS T- L, N \lo RESOLUTION NO 04-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR HENDERSON CREEK RESIDENTIAL PROJECT, ADOPTING A MITIGATION MONITORING PROGRAM, AND APPROVING TENTATIVE TRACT MAP SUBTT16324, A RESIDENTIAL SUBDIVISION OF 63 5 ACRES INTO 123 LOTS FOR SINGLE-FAMILY DEVELOPMENT, WITHIN THE VERY LOW RESIDENTIAL DISTRICT (.1-2 DWELLING UNITS PER ACRE) OF THE ETIWANDA NORTH SPECIFIC PLAN, LOCATED AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN• 0225-084-04, 0226-081-09 AND 10, AND 0226-082-29. A Recitals. 1. Henderson Creek Properties, LLC filed an application for the approval of Tentative Tract Map SUBTT16324, as descnbed in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application " 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date. 3. All legal prerequisites pnor 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 dunng the above-referenced public heanng on May 12, 2004, including wntten and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a The application applies to 65 3 acres of property, located at the northerly end of Wardman Bullock Road at the intersection with Colonbero Road, and rs presently unimproved property, and b. The property along the north boundary of the site inGudes overhead power transmission lines (belonging to the LA Department of Water and Power [LADWP] and Southern California Edison [SCE]), associated easements, vacant land, and a few scattered single-family residences near the foothills of the San Gabnel Mountains, and is within the Flood Control/Utility Conidor and Hillside Residential Distnct of the Etiwanda North Specific Plan The property to the south of the site is presently vacant and is pnmanly within San Bernardino County Flood Control Distnct (SBCFCD) and SCE ownership, and is within the Flood Control/Utility Cortidor, Conservation, Very Low Residential Distnct of the Etrvvanda Specific Plan. The property to the east contains existing single-family residential development within the Very Low Residential District of the Etrvvanda North Specific Plan The property to the west is unimproved property pnmanly within SBCFCD `s-L~~ ~~ PLANNING COMMISSION RESOLUTION NO 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 2 ownership and is designated Conservation and Flood Control/Utility Comdor within the Etrvvanda North Sper~c Plan, and c. The tentative tract map includes the subdivision of 65.3 acres into 125 lots, including 123 single-family lots and two open space lots The remaining 25 1 acres are as follows: Flood Control (9 9 acres), Utility Comdor (10 acres), and Open Space (5 2 acres) The 19 9 acres are currently designated as Flood Control and Utility Comdor, no changes are proposed as part of the project The 5 2 acre area located between Henderson Creek and the Utility Corridor is currently designated as Very Low Residential and would tarty an Open Space designation upon approval of the proposed project. The project would be developed at a density of 1.9 dwelling units per acre The proposed 123 residential lots would range in size from 14,025 square feet to 45,755 square feet, with two leriered lots totaling 28,103 square feet for landscaped open space; and d. The protect is cons stent month the density provisions of the General Plan Land Use Designations oftawResiderrtial(2~ dweftmg units per acre) as averaged across the protect silo (as described in subsection c above), nil e The project inGutles the development of 15-foot wide equestnan trails to be constructed along the north property boundary and south side of Henderson Creek Channel; and f. Development of the project site will result in the loss of 53.5 acres of Upland sage scrub. The pro/ect proponent is required through the certification of the EIR and the adoption of the Mitigation Monitonng Program to acquire 58 acres of land within or near the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) area for habitat preservation and provide an endowment for long-term maintenance; and g. The protect proponent shall submit and obtain approval of a landscape Plan that demonstrates compliance with the City's neighborhood Theme Plan as contained in the Etiwanda North Specific Plan, and h. The project proponent will pay an in-lieu fee to the City for the development of an equestnan center as specified in the development agreement, and r. Tire project vwN generate approximately 1,200 daily tops that can be accommodated through street improvement~upgrades as conditioned herein, and as required through certification of the EIR and adoption of the Mitigation Monitoring Program; and ~. The proposed project, together with all conditions of approval and the provisions of the Development Agreement, vinll not be detnmental to the public health and safety, or welfare or matenally in~unous to properties or improvements in the vicinity 3 Based upon the substantial evidence presented to this Commission dunng the above-referenced public heanng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a That the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans, and Y~~t V\ PLANNING COMMISSION RESOLUTION NO 040 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC • May 12, 2004 Page 3 c The site is physically suitable for the type of development proposed, and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause senous public heaRh problems; and f The design of the tentative tract v~nll not conflict with any easement acquired by the public at large, now of record, for access through or use of the property mnthin the proposed subdivision. 4 Based upon the facts and informabon contained in the record of this protect, the Planning Commission makes the follovnng findings and statements, and takes the follovnng actions, pursuant to the Califomia Environmental Quality Act (CEQA) (Public Resources Code Sectwn 21000 et seq ): a. The Protect that has been evaluated under CEQA involves a senes of actions related to the annexation of land from unincorporated San Bernardino County into the Cdy of Rancho Cucamonga, the approval of a General Plan Amendment, Etiwanda North Specfic Plan Amendment, Development Agreement and Tentative Tract Map SUBTT16324, and associated Development Agreement. The proposed protect includes 123 single-family housing units on approwmately 65 3 acres and designations of flood control, utility comdor, and open space on approwmately 25 1 acres • of land Another 10 acres is also proposed for annexation as part of this protect and is currently used for a utility easement and for flood control purposes. The total area to be annexed by this protect is approximately 100.4 acres The density of the protect is approwmately 1 9 dwelling units per gross acre. The portion of the protect that requires approval by the Rancho Cucamonga Planning Commission is Tentative Tract Map SUBTT16324. b. The City of Rancho Cucamonga, acting as the lead agency, prepared the Draft Environmental Impact Report (EIR) for the Protect (State Cleannghouse No. 200311105 The Draft EIR was circulated fora 45-day public review and comment penod from February 20, 2004, through Apnl 5, 2004. Comments were received dunng that penod and wntten responseswere prepared and sent to all commentors Those comments and the responses thereto have been included in the Final EIR, as have the appendices to the Draft EIR Those documents together compnse the Final EIR. c. The Planning Commission finds that the Final EIR was completed pursuant to the CEQA, and the State Gwdelines for Implementation of CEQA, 14 Califomia Code of Regulations, Section 15000, et seq (the Guidelines) The Planning Commission also finds that the Final EIR represents the independent tudgment of the Planning Commission of the CRyof Rancho Cucamonga and adequately addresses the impacts of the protect and imposes appropnate mitigation measures for the project. The Planning Commission has also reviewed and considered the contents of the Final EIR, and has reached its own conclusions ~nnth respect to the protect and as to whether and how to approve Tentative Trail Map SUBTT16324. d. The Planning Commission hereby certifies the Final EIR as being the environmental document for the protect and for the Planning Commission action in approving Tentative Tract Map SUBTT16324 The Planning Commission finds that the additional infomtation provided in the staff report, in attachments to the staff report, in the comments to the EIR, and presented at the public heanng, does not represent significant new information so as to regwre re-Groulation of the EIR pursuant to Public Resources Code Section 21092 1 =-L, N ~°~ PLANNING COMMISSION RESOLUTION NO. 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 4 e. The documents and other matenals that constitute the record of the proceedings which include, but are not limited to, the staff report for the probed, as well as all of the matenals that comprise and support the Final EIR and support the staff reports concerning the proied, are located in the office of the City Planner of the City of Rancho Cucamonga, at 10500 Civic Center Drive, Rancho Cucamonga, California 91730 The custodian of these documents is the City Plannerof the City of Rancho Cucamonga f. The Planning Commission finds, based upon the Initial Study, the Final EIR, public comments, public agency comments, and the entire record before it, that the project may create significant impacts in the areas of Air Quality, Land Use Planning, Traffic and Circulation, Noise, Geology and Sods, Hydrology and Water Quality, Public Heakh and Safety, and Biological Resources With respect to the impacts to all of these resources and services, the EIR identifies mitigation measures for each of tholse impacts that moll substantially lessen the impacts. g in response to eachh signfcant impact identified m the EIR, and listed m paragreph f of this section of this Resolution, changes or alterations are hereby required in, or incorporated into the proied, which avoid or substantially lessen the impacts identified The speGfic changes and alterations required, and a brief explanation of the rationale for the findings ninth regard to each impact, are contained in the "CEQA Findings" (Exhibit "A" of this Resolution) and are incorporated herein by reference. fLJ h Implementation of mitigation measures identified in the Final EIR and imposed as a condition of the approval of Tentative Tract Map SUBTT16324 will substantially mitigate many of the environmental impacts described in paragraph f of this section, to the extent feasible, as described in the attached Exhibit "A." The Final EIR also identifies significant adverse impacts that cannot be fully mitigated or avoided, including impacts from short-term impacts on air qualityfrom construdion- related emissions, cumulative long-term impacts on air quality from probed emissions, cumulative short and long-term noise impacts, and cumulative impacts to schools i The Final EIR describes a range of altematives to the Project that might fulfill basic ob~edives of the Probed These altematives include the required "No Proied-No Development" altemative, and the "No Proied- Build-out under the Existing Land Use Designation Alternative ° Other altematives that were considered and rejected included the altemative location akemative and the altemative Land use altemative. As set forth below, the altematives identified in the EIR are not feasible because they would not achieve the basic ob~edives of the probed or would do so only to a much smaller degree and, therefore, leave unaddressed the significant economic, infrastructure, and General Plan goals that the probed is intended to accomplish, and are thus infeasible due to social and economic considerations, and/or they are infeasible because they would not eliminate the adverse environmental impacts of the proposed probed Accordingly, each of the altematives is infeasible In making this finding, the Planning Commission determines as follows The ob~edives of the Proied are to. a) Be consistent with, and implement, the established polices and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code, and all other City development guidelines, b) Annex the 90 4 acre protect site and adtacent 10 acre utility easement . into the City of Rancho Cucamonga; ~.~ 1\ ~~ PLANNING COMMISSION RESOLUTION NO 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC • May 12, 2004 Page 5 c) Integrate the protect Huth the character of the surrounding neighborhoods and establish a development that results in logical, coordinated growth; d) Establish aproject-"ride taroulation system that meets regional and local transportation needs and accommodates both vehicles and pedestrians, e) Provide a system of publicJcommuniry fatalities, incuding trails, open space areas, and landscaping to support the residents of the protect and surrounding area in an efficient and limey manner, f) Provide backbone public infrastructure (i e., roads, utilities) to serve protect residents and the surrounding community, g) Mmimi a impacts to, and generate revenues in excess of costs for various public sernce agentaes, al~d ,,, h) Provic~~e quality housing opportunities compatible with existing and planned development that responds to market demands. u) The "No Protect-No Development" Altemative assumes that no new land uses would be constructed on the protect site and that the site would remain vacant and undeveloped Although this altemative is environmentally superior to the proposed protect, it would not meet the protect obtectives Specifically, it would not meet the protest's obtective to prowde quality housing that would be compatible with existing and planned development for the area, would not provide a system of public/communiry facilities, including trails, open space areas, and would not prowde landscaping for protect residents and surrounding area residents. Furthermore, as the subject property is under private ownership, the elimination of future development Hnthm an area previously approved for residential development would not be legally or financially feasible. Therefore this altematrve is retested iu) The "Development Under the Existing Land Use Designation Altemative" assumes that the protect site would be developed under the current City of Rancho Cucamonga General Plan designations, Under this designation and assuming the same area disturbed by grading, the minimum lot sizes would be 20,000 square feet and the number of lots that could be developed would be approximately 90 rather than the 123 as currenty proposed This reduction in development by approximately 33 dwelling units would reduce traffic, noise, light and glare, but would not reduce to less than significance the short-term impacts on air quality from construction- related emissions, cumulative long-term impacts on air quality from protect emissions, cumulative short and long-tens noise impacts, and cumulative impacts to schools ~ Mitigation measures described in the Mitigation Monitoring Program Hall avoid or substantially lessen the potentially significant environmental effects of the protect. Further, the environmental, physical, sotaal, economic and other benefits of the Protect, as set forth in this section and ~n Exhibd "A,"which is incorporated herein by this reference, outweigh any unavoidable, significant, adverse impacts that may occur as a result of the protect, inGuding short-term impacts on air quality from construction-related emissions, cumulative long-term impacts on air quality from • protect emissions, cumulative short and long-term noise impacts, and cumulative impacts to schools Therefore, due to ovemdmg benefits of the Protect and because the altematwes identified in the EIR are not feasible, as discussed in paragraph i above, the Planning Commission hereby finds that any unavoidable impacts of the Protect, rncludmg the mitigated but unavoidable impacts from short-term impacts on air quality from construction-related emissions, cumulative long-term impacts on air ~-L, N 2\ PLANNING COMMISSION RESOLUTION NO. 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 6 quality from protect emissions, cumulative shoA and long-term noise impacts, and cumulative impacts to schools, are acceptable based on the findings contained herein and in Exhibit "A,"which is incorporated herein by this reference This determination shall constitute a statement of ovemding considerations within the meaning of CEQA and is based on any one of the following environmental and other benefits of the Protect identified in the Final EIR and the record of the Planning Commission's proceedings i) Providing forthe use of land consistent wrath the established polices and goals of the City of Rancho Cucamonga General Plan, Etn~vanda North SpeGfic Plan, City Development Code, and all other City Development gwdelines, ii) Annewng the 90.4-acre protect site and adtacent 10.0-acre utility easement into the City of Rancho Cucamonga, m) integrating the protect with the character of the surrounding neighborhoods and establish a development that results in logical, coordinated growth, iv) Establishing aprotect-wide Grculat~on system that meets regional and local transportation needs and accommodates both vehiGes and pedestnans; v) Providing a system of publiGcommunity faalities, including trails, open space areas, and landscaping to support the residents of the protect and surrounding area in an efficient and timely manner, • vi) Providing backbone public infrastructure (i a ,roads, utilities) to serve protect residents and the surrounding community, vii) Minimizing impacts to, and generate revenues in excess of costs for, venous public service agenGes, and wu) Providing quality housing opportunities compatible with existing and planned development that responds to market demands k The mitigation measures in the Final EIR that correspond to the environmental impacts, which may result from the protect are hereby adopted and made a condition of approval of, or incorporated into, the protect. The Planning Commission also hereby adopts the "Mitigation Monitonng Plan° attached hereto as Exhibit "B " The Mitigation Monitoring Plan will be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of protect approval as set forth in this Section of this Resolution and Exhibit "B " I Pursuant to provisions of the California Public Resources Code Section 21089 (b), this application shall not be operative, vested or final until the Notice of Determination (NOD) is filed and posted wrath the Clerk of the Board of Supervisors of the County of San Bemardmo and all regwred filing fees assessed pursuant to Califom~a Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Cleric of the County of San Bemardmo In the event this application is determined exempt from such filing fees pursuant to the provisions of the California Fish and Game Code, or the gwdelines promulgated thereunder, condition shall be deemed null and void • T-L~ I~- ZZ PLANNING COMMISSION RESOLUTION NO 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 7 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Division 1) All future applications for development review shall be reviewed for consistency with the approved tentative tract map and provisions of the associated development agreement, along with the design gwdelines of the Etiwanda North Speafic Plan, including standards for parkways and streetscape design, slope planting, and neighborhood monumentation and wall designs 2) The construction of the community trail through the protect shall incorporate all standard trail improvements in accordance v~nth City Standard Drawings, including gates, access, signage, and fencing as applicable 3) Construction of the community trail shall include dnve approaches at the entry from the local streets, along with gates and step-through posts in accordance with City standards 4) All comer turns shall receive acomer-cutoff as necessary to allow through traffic 5) Grading along the trail easement shall be modified to allow construction of a 24-foot by 24-foot or 12-foot by 48-foot corral at the same elevation as the trail 6) Coordinate with San Bernardino County Flood Control Distnct (SBCFCD) to allow the slopes on the south protect boundary to occur on flood control property If SBCFCD allows permission to grade, the slopes shall be vegetated with native speGes to be compatible with the native vegetation 7) Since the actions between Centex Homes and SBCFCD are not finalized, provide an alternative Master Plan exhibit that depicts access to the south along vnth a Master Plan of the adiacent property 8) Indicate location, purpose and nghts for all easements that traverse the site In addition, show the location of existing utility lines, if any, that cross the property and indicate who they are serving, and if relocation is proposed Provide a copy of the Title Report that identifies the disposition of all easements across the property 9) The effective date of the approval of Tentative Tract Map SUBTT163234 shall be the last to occur of all of the following events: (i) the date that the General Plan Amendment DRC2003- 00749 takes effect, (ii) the date that Etiwanda North Specific Plan Amendment DRC2003-00750 takes effect, (iii) the date that Development Agreement DRC2003-00751 takes effect, and (iv) the date that the annexation of the property into the City has occurred L L, // -~~ PLANNING COMMISSION RESOLUTION NO 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC. . May 12, 2004 Page 7 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Division 1) All future applications for development review shall be reviewed for consistency with the approved tentative tract map and provisions ofthe associated development agreement, along with the design guidelines of the Etiwanda North Specific Plan, inGuding standards for parkways and streetscape design, slope planting, and neighborhood monumentation and wall designs 2) The construction of the community trail through the project shall incorporate all standard trail improvements in accordance with City Standard Drawings, inGuding gates, access, signage, and fencing as applicable. 3) Construction of the community trail shall inGude drive approaches at the entry from the local streets, along with gates and step-through posts in accordance with City standards • 4) All comer turns shall receive acomer-cutoff as necessary to allow through traffic 5) Grading along the trail easement shall be modified to allow construction of a 24-foot by 24-foot or 12-foot by 48-foot corral at the same elevation as the trail 6) Coordinate with San Bernardino County Flood Control Distract (SBCFCD) to allow the slopes on the south project boundary to occur on flood control property If SBCFCD allows permission to grade, the slopes shall be vegetated with native species to be compatible with the native vegetation. ~ Since the actions between Centex Homes and SBCFCD are not finalized, provide an alternative Master Plan exhibit that depicts access to the south along with a Master Plan of the adjacent property 8) Indicate location, purpose and nghts for all easements that traverse the sde. In addition, show the location of existing utility hues, if any, that cross the property and indicate who they are serving, and if relocation is proposed Provide a copy of the Title Report that identifies the disposition of all easements across the property / Engineenng Division . 1) Wardman Bullock Road improvements shall be in accordance with City "Collector Street" standards, inGuding curbs and gutters, a c. pavement, 5800 Lumens HPSV streetlights, sidewalk, street trees, traffic signs, and striping z-~,1~ 23 PLANNING COMMISSION RESOLUTION NO. 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 8 . 2) Colonbero Road improvements shall be m accordance month Gty "Local Street" standards, including curbs and gutters, a.c pavement, 5800 Lumens HPSV streetlights, sidewalk, access ramps, street trees, traffic signs, and stnpmg 3) Internal street improvements shall be in accordance month City "Local Street" standards, mGuding curbs and gutters, a c pavement, 5800 Lumens HPSV streetlights, sidewalk, dnve approaches, access ramps, street trees, traffic signs, and stnping a) All cul-de-sacs shall conform to Gty standards b) Street "D"shall be extended to the southerly boundary and wdl be a stub street In the event San Bemardmo County Flood Distnct (SBCFCD) Qbtams the parcel south of this development, the proposed knuckle at Streets "D" and "A" vmll be acceptable. .,. 4) Complete the I steriy portion of Wardman Bullock Road using "Collector Street standards from Wilson Avenue to the south project boundary. Improvements shall include curb and gutter, AC pavement, and 5800 Lumens HPSV streetlights The developer may request a reimbursement agreement to recover the cost of permanent offsite improvements from future development of the adjacent property. If the • developer fads to submit for said reimbursement agreement wtthm sut months of the public improvements being accepted by the City, all nghts of the developer to reimbursement shall terrnnate a) Obtain the ultimate nght-of--way dedication from adjacent property owners west of Wardman Bullock Road from the south property boundary to Wilson Avenue. 5) The site is located vwthin Area 13 of the attached Etiwanda/San Sevaine Area Drainage Policy. The applicable fees and construction regwrements are contained therein 6) Lots "A" and "B" shall be dedicated to the City for landscape purposes. A separate set of Landscape and Imgation Plans per Engmeenng Pubfic Works Standards shall be submitted to the Gty Engineer for review and approval pnor to final map approval or issuance of budding permits, whichever occurs first ~ Provide a Water Quality Management Plan (WOMP), to the satisfaction of the City Engineer, and identify applicable Best Management Practices (BMPs) on the Grading Plan. 8) The drainage fatalities along the north tract boundary shall be designed to O~oo-year storm frequency v~nth 100 percent bulwng The drainage fatalities shall be hard Imed channels to Gty standards Provide 15-foot • Hnde access road, 3-mch AC / 4-inch AB, along the southerly side of the drainage fatalities with a turn around area at the end The offsite -~- ~ N 2~ PLANNING COMMISSION RESOLUTION NO. 0460 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC • May 12, 2004 Page 9 discharge of all drainage facilities is subject to approval of underlying fee owner and/or San Bernardino County Flood Control Distnct 9) The trail shown on the tentative tract map shall be a pnvate local feeder trail Environmental MiUaation LAND USE AND PLANNING LU-1 Pnorto the issuance of grading pertrnts, the protect proponent shall submit and obtain approval of a Landscape Plan that demonstrates compliance with the City's neighborhood Theme Pfan as contained in the Etrvvand~ North Specific Plan. LU-2 The pro/ect proponent must pay an in-lieu fee to the City of Rancho Cucamonga for the development of an equestnan center as speGfied in the development agreement TRANSPORTATION/CIRCULATION TC-1: The developer shall participate in the phased construcbon of off-sde traffic signals through payment of established fees TC-2: On-site traffic sigmng/stnping shall be implemented incon/unction with detailed construction plans for the protect. TC-3: The developer shall construct Wardman Bullock Road along the pro/ect frontage at its ultimate half-section width as a Collector roadway (66-foot fnght-of-way) m conjunction with development; and complete the westerly portion of Wardman Bullock Road from the south project boundary to Wilson Avenue Improvements shall include curb/gutter, traffic signs, stnping, etc TC~I: Modify stop sign placement to control easUwestbound traffic at the intersection of Wardman Bullock Road (NS) and Wilson Avenue (EW) TC.S: Install a Traffic Signal at the Etiwanda Avenue (NS) and Banyan Street intersection The protect should contnbute towards the cost of necessary study are improvements on a fair share or "pro-rate" basis AIR QUALITY AQ-1: • Dust Control Limit the simultaneous disturbance area to as small an area as practical PLANNING COMMISSION RESOLUTION NO 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 10 • Terminate soil disturbance and accelerate dust control procedures when vends exceed 25 miles per hour • Stabilize previously disturbed areas if subsequent construction is delayed Emissions • Regwre 90-day low-NoX tune-ups for off-road egwpment • Limit allowable idling to 10 minutes for trucks and heavy equipment. Off-Site Imaacts • Encourage car-pooling for construction workers. • Limit lane Gosures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site • Wash or sweep access points daily. • Encourage receipt of construction matenals dunng non-peak traffic hours. NOISE N-1 Construction contractors shall adhere to the City Development Code for hours of construction activity - 6 30 am to 8 00 pm, Monday through Saturday No construction activity shall take place on Sundays or holidays N-2: The developer shall install av conditioning units as a standard to allow for window Gosure for future residences in the development that front on Wardman Bullock Road. BIOLOGICAL RESOURCES BIO-1: Pnor to issuance of grading permits the applicant shall acgwre and convey to County Special Distracts, 58 acres of land within or near the North Etrvvanda Open Space and Habitat Preservation Program (NEOSHPP) area that supports alluvial fan sage scrub andlor upland sage scrub This measure is proposed to mitigate the potential loss of habitat for sensitive plant and animal speGes, and the loss of raptor foraging land. This off-site mitigation land (OWIL) shall be equal or greater habitat value than that of the protect site. The identification and transfer of the OML will be to the satisfaction of the City Planning Department, in accordance/wrath the NEOSHPP This measure shall be implemented to the satisfaction of the City Planner GEOLOGY AND SOILS GS-1: Pnor to issuance of grading permits, the developer shall submit grading plans that incorporate the general earthwork and grading speufications for rough grading as set forth in the geotechmcal a „~ • ~ -~., N 2~ PLANNING COMMISSION RESOLUTION NO 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 10 Terminate soil disturbance and accelerate dust control procedures when winds exceed 25 miles per hour Stabilize previously disturbed areas if subsequent construction is delayed Emissions • Reqwre 90-day low-No. tune-ups for off-road equipment • Limit allowable idling to 10 minutes for trucks and heavy equipment Off-Site Impacts • Encourage car-pooling for construction workers • Limit lane closures to off-peak travel penods • Park construction vehicles off traveled roadways • Wet down or cover dirt hauled off-site • Wash or sweep access points daily • Encourage receipt of construction matenals dunng non-peak traffic hours NOISE N-1 Construction contractors shall adhere to the City Development Code for hours of construction activity - 6 30 am to 6 00 pm, Monday through Saturday No construction activity shall take place on Sundays or holidays N-2: The developer shall install air conditioning urnts as a standard to allow for window closure for future residences in the development that front on Wardman Bullock Road BIOLOGICAL RESOURCES BIO-1: Prior to recording of the first final map of the protect, the property owner shall transfer to the County of San Bemardmo Special Distncts OS-1 or other qualified conservation entity approved by the City, m fee, a minimum of 54acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be mutually agreed upon by the property owner and the conservation entity, to provide forlong- term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve m the City Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the City Planner. PLANNING COMMISSION RESOLUTION NO 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 11 report for the protect (Appends E) These inGude such measures as Geanng and grubbing to remove all vegetation and any preexisting above ground and underground structures, over excavating and recompacting sod; placement or disposal of oversized matenal, construction of cut or fill slopes, preliminary foundation recommendation; and grading regwrements for seismic considerations Final recommendations shall be noted on all grading plans to be tamed out by grading contractors, and morntored by Budding and Safety staff GS-2: Pnor to issuance of budding permits, inGuding permits for utilities, the developer shall submit development plans that rncorporete the recommendations of the geotechmcal report (Appendor E) for preliminary fotndation work, utility trenching, and concrete slabs. These include speGfications for concrete slabs, footings temporary excavation forlutdities preliminary pavement design, and protedron of foundations from surface drainage GS-3: All structures shall be bunt to Undorm Building Code and/or Structural Engineers Assoaation of California standards for seismic safety Budding officials shall review all plans at the time of submittal PUBLIC HEALTH AND SAFETY HS-1: The developer/bwlder shall utilize the optimum bwldmg matenals and construction techniques to minimize wind damage to property asset forth in Dwis~on III, Chapter 16 of the Umforn Budding Code HS-2: The home budder/sales agent shall disGose to potential buyers, that the project is in a High Wind Area This disclosure shall also be included in escrow papers or other documentation for future buyers. HST: See Mitigation Measure Aq-1a for control of PM10 emissions dunng grading and construction. HSat: Pnor to issuance of budding permits, the applicant shall submd a landscape plaNfuet modification plan that shall contain the folloHnng details. Zone 1 Landscaping and Fuel Treatment Zone 1 areas may be imgated and/or temporanly irrigated ornamental fire-wise landscaping. Single well-spaced trees and shrubs are allowed. These trees and shrubs will be planted and maintained so that at matunty, their branches are at least 10 feet from any structure. The purpose of Zone 1 landscaping is to increase anon-combustible plant zone for a minimum of thirty feet around each structure Z'~~ IV ~ l PLANNING COMMISSION RESOLUTION NO 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 12 Zone 2 Landscaping and Fuel Treatment Areas Zone 2 areas may be imgated or non-imgated firewise omamental landscaping andlor native vegetation treated and maintained to Zone 2 Cntena The purpose of Zone 2 Fuel Treatment is to reduce the amount of combustible fuels to a level where wildland fire intensity is substantially reduced and to prowde a safe zone for firefighters (defensible space) dunng their wildland fire protection efforts Common Areas• These areas shall be maintained as directed by the Landscaping Plan, and will be imgated. The grass, ground cover, and omamental trees will add to the decor of this project and v~nll decrease the fire hazard for property owners. HYDROLOGYAND WATER QUALITY HWQ-1: Pnor to issuance of grading permits, the applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Stomt Water Pertmt from the State Water Resources Control Board. Evidence that this has been obtained (i e , a copy of the Waste Dischargers Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Pertrnt. HWQ-2: Pnor to issuance of building permits, the applicant shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP) including a protect descnption and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants from entenng the storm drain system to the mawmum extent practicable The WQMP shall identify the structural and non- structural measures consistent wrath the Gwdelines for New Development and Redevelopment adopted by the Gty of Rancho Cucamonga, June 2000 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Rich Maaas, Chairman ATTEST Brad Buller, Secretary PLANNING COMMISSION RESOLUTION NO. 04-60 SUBTT16324 - HENDERSON CREEK PROPERTIES, LLC May 12, 2004 Page 13 I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of May 2004, by the following vote-to-wit AYES. COMMISSIONERS' NOES COMMISSIONERS' ABSENT. COMMISSIONERS: ~, ~ 2~ CEQA FINDINGS CITY COUNCIL CITY OF RAN i HO CUCAMONGA, CALIFORNIA Findings Related to the Henderson Creek Residential Development General Plan Amendment/Etiwanda North Specific Plan Amendment/ Development Agreement/T'entative Tract Map/Annexation Final Environmental Impact Report in Compliance with the California Environmental Quality Act (CEQA) Prepared By LILBURN CORPORATION 1905 Business Center Dnve San Bernardino, CA 92408 April 27, 2004 • TABLE OF CONTENTS A. INTRODUCTION .................................................................................................................1 B. PROJECT SUMMARY ...............:........................................................................................1 B.1 Protect Objectives .......................................... ................ ..........................2 B 2 Protect Description ........................................................................................2 B 3 Site Location and Surroundmg Land Uses ............................................................. 3 C. ENVIRONMENTAL REVIEW & PUBLIC PARTICIPATION .....................................4 C.1 Custodian and Location) C.2 Independent Judgment . of the Record ..............................................................5 .............................................................................. 5 ,, D. ENVIRONMENTAL IMP~CTS .........................................................................................5 I D 1 Fmdmgs Regarding Impacts Analyzed m the EIR and Determined to be Mitigated to Less Than Significant ......................................................................... ...... 6 1. Land Use and Aesthetics .......................................................................... ........7 . 2. Traffic and Circulahon ................................................................ ...... 8 3 Noise ................................................................... ......... ....10 4. Geology and Soils ............................................................... .. ....12 5. Hydrology and Water Quahty ............................................................... ......13 6. Public Health and Safety ................................................................. ......16 7. Biological Resources ............................................................. .....20 D.2 Impacts Analyzed m the Draft EIR and Detennmed to be Sigmficant and Unavoidable ....................................................................................... ......22 1. Air Quality .................................................................................. ....22 D 3 Cumulative Impacts Analyzed in the Draft EIR ........................................... .....24 E. PROJECT BENEFITS .......................................................................................................26 F. ALTERNATIVES TO THE PROJECT ...........................................................................27 F.1 Alternatives Considered and Rejected As Infeasible .......... ..................28 F.2 Selection of Alternatives to be Considered in Detail in the EIR .........................29 F.2 Fmdmgs Regarding Alternatives Considered in Detail in the EIR ... ............. 29 1. No Project Alternative - No Development ......... .................... ..... 29 2 Development Under the Existing Land Use Designation Alternative... .... 30 G. STATEMENT OF OVERRIDING CONSIDERATIONS ..............................................32 • TABLE OF CONTENTS =-L,N3~ 696/Final EIR/CEQA Fmdmgs 1 4292004 H. DEFINITION OF ABBREVIATIONS AND ACRONYMS ...........................................34 LIST OF TABLES Table B-1 Existing Land Use and General Plan/Zomng Deslgnattons ...............................4 Table D.2-1 Site Grading Emisslons and Significance ...................................................23 Table D.2-2 Construction Alr Pollution Emissions and Significance .................................23 Table D 3-1 Cumulative Pro~ects .............................................................................. 25 • Z - L ,1~ 32 696/Final E[R/CEQA FndmBs 11 an9nooa • FACTS, FINDINGS, AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL EFFECTS OF THE HENDERSON CREEK DEVELOPMENT GENERAL PLAN AMENDMENT/ ETIWANDA NORTH SPECIFIC PLAN AMENDMENT/ DEVELOPMENT AGREEMENT/ TENTATIVE TRACT MAP/ ANNEXATION CITY OF RANCHO CUCAMONGA (SCH # 200311105'f7 A. INTRODUCTION The City Council of the City of Rancho Cucamonga (this "Council's in certifying the Environmental Impact Report (EIR) to authorize the Henderson Creek Development project, • makes the findings described below and adopts the statement of overriding considerations presented at the end of the findings. These findings are based on the entire record before this Council, including the EIR. The EIR was prepazed by the City acting under the Cahfonua Environmental Quality Act (CEQA). Hereafter, the following documents (Nonce of Prepazation, Draft EII2, Techmcal Appendices, Mitigation Momtonng Program, and the Final EIR containing the Responses to Comments) constitute the EIR for this project These documents wtll be referred to collectively as the EIIt. B. PROJECT SUMMARY Henderson Creek Properties is proposing the subdivision of 65.3 acres of a 90.4-acre site into 125 lots including 123 single-family lots and two open space lots The remaining 25.1 acres aze broken down as follows: Flood Control (9 9 acres); Utility Comdor (10 acres); Open Space (5.2 acres) 19.9 acres are currently designated as Flood Control and Utility Comdor, the project proponent has not proposed any change to these existing designations. The 5 2-acre azea located between Henderson Creek and the Utility Comdor is currently designated as Very Low Residential and would carry an Open Space designation upon approval of the proposed project The proposed project consists of a General Plan Amendment, Etiwanda North Specific Plan (ENSP) Amendment, Annexation, Development Agreement, and Tentative Tract Map for a single-family residential subdivision The project is located at the northerly end of Wazdman- Bullock Road at the intersection with Colonbero Road in an unincorporated area of San Bernardino County within the Sphere of Influence of the City of Rancho Cucamonga The protect also includes annexation of the 90.4-acre site and an adjacent 10.0-acre site for a total • 100.4 acres to be annexed into the Crty _- ~ , N 33 696/Final EIR/CEQA Findings 1 429/2004 B.1 Project Objectives CEQA Gu~delnnes Section 15125(b) requ>res that the project description include a statement of objectives m proposing the project. The intent is to azd the lead agency and decision makers in evaluating the project altematnves and in making findings or statements of ovemding consideration, if necessary. Project ob~echves aze • Be consistent with, and implement, the established policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code, and all other City development gu~delmes; • Annex the 90 4-acre project site and adjacent 10 0-acre utility easement into the City of Rancho Cucamonga; • Integrate the project with a character of the surrounding neighborhoods and establish a development that results in~ogical, coordinated growth; i • Establish a project-wide circulation system that meets regional and local transportation needs and accommodates both vehicles and pedestrians; • Provide a system of public/commumty facilities, including trails, open space azeas, and landscaping to support the residents of the project and surrounding area in an efficient and lonely manner; • • Provide backbone pubhc~nnfrastructure (~ e. roads, utilities) to serve pm~ect residents and the surrounding community; • Mminnze impacts to, and generate revenues m excess of costs for vanous public service agencies, and • Provide quality housing opportunities compatible with ex~shng and planned development that responds to mazket demands B.2 Project Description Henderson Creek Properties is proposing the subdnvns~on of 65.3 acres of the 90.4-acre site into 125 lots to include 123 residential lots and two open space lots (the remazmng 25 1 acres of the 90.4-acre site will be used for flood control improvements along Henderson Creek and wall have a General Plan designation of Flood Control, Utnlity Comdor, and Open Space) The proposed project consnsts of a General Plan Amendment, Specific Plan Amendment, Annexation, Development Agreement, and Tentative Tract Map fora 125-lot residential subdnvnsnon (123 residential lots and two open space lots) located at the northerly end of Wazdman-Bullock Road at the intersection with Colonbero Road m an unincorporated area of San Bernazdmo County in the Sphere of Influence of the City of Rancho Cucamonga ~'-L, N ~ 696/Final EIR/CEQA Flndmgs 2 429/2004 The proposed annexation would mclude the 90.4-acre site and an adjacent 10.0-acre site for a total 100 4 acres to be annexed from San Bemazdmo County mto the City of Rancho Cucamonga. The 10.0-acre site is located north of the project site and is currently used for utility easement and flood control purposes and is not part of the tentative tract map, and no development is proposed. The proposed General Plan Amendment would change the cun•ent des>gnation of Very Low Residential (0.1-2 dwellmg amts per acre) to Low Res>dental (2-4 dwellmg units per acre) for 65.3 acres of the 90.4-acre pazcel; the remammg 25.1 acres of the site is reserved for a combination of "Flood Control" improvements for Henderson Creek, and "LTrihty Comdor" for an SCE power Ime The gross project density of approximately 1.3 dwellmg amts per acre is within the parameters of the current land use des>gnation of Very Low Residential; however, due to the flood control and utility comdor easements, the 65.3-acre developable azea has been designed to provide residential lots that will range from 14,025 squaze feet to 45,755, with an average lot azea of over 18,000 squaze feet, or 1 9 dwellmg amts per acre. The proposed lot saes therefore necessitate the proposed land use designation amendments. The proposed amendment to the ENSP includes a zone change from Very Low Residential (0.1-2 dwelling units per acre) to Low Residential (2-4 dwelling amts per acre) for the 65.3 acres, and a modification to the circulation system in the Eriwanda Highlands Neighborhood to elurunate the proposed street connecrion between East Avenue and Wazdman-Bullock Road. The • Development Agreement between the Henderson Creek Propemes and the City would address specific conditions of development and/or conservation of the 90 4 acres of land. B.3 Site Location and Surrounding Land Uses The City's corporate boundary and Shendan Estates (Tract 13564) are located east of the site. Overhead power transmission fines owned by LA Department of Water and Power (LADWP) and Southern California Edson (SCE), associated easements, scattered single-farmly residences and vacant land are located north of the site The land azea south and west of the site is presently vacant, and is primarily wtthm SCE and San Bemazdmo County Flood Control D>strict (SBCFCD) easements or ownership. Surroundmg land uses, General Plan Land Use Des>gnarions and Zonmg Distncts aze shown m Table B-1 i z-L, N ~S 696/Final EIR/CEQA Fmdmgs 3 4/29/200M1 Table B-1 . >ca~t;.... r .,..a rT~o ~..d !_nnnrol Plant7.nnina 1lesiunafinns Direction Existing Land Use General Plan Designation Zoning Designation Project Vacant land, flood control and Very Low Residential (0 1-2 Very I.ow Residential Site utility comdor easements dwellmg units per acre), Flood (0.1-2 DU/AC), Flood ' Control and Uhhty Comdor Control and Utility Comdor North Vacant land, utility comdors Flood ControWhlity Comdor Uhhty Comdor and and scattered single-family and Hillside Residential Hillside Residential residences Estate (<1 DU per net buildable acre) South Vacant land, utility comdors Flood ControWhhty Comdor, Utility Comdor and and one single-faznily dwellmg Conservation and Very Low Very Low Residential Residential (0 1-2 DU/AC) (0.1 to 2 dwellmg amts per acre) East Henderson Creek, Wazdman- Very Low Residential 0 1-2 Very Low Residential Bullock Road, and Smgl~- dwellmg units per acre) (0.1-2 DU/AC) Family Residential (Sheridan Estates -Tact 13564) West Ehwanda Creek Flood Control Conservation and Flood Flood Control basins and conservation area ControWhhty Comdor C. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The Ctty conducted an extensive environmental review for this project that included a Draft EIR, Final EIR, appendices and attachments, along with public review and comment periods The implementatton of the EIR scoping and review process is described in Chapter 1 0, Page 1-6 of the Draft EIR The following is a summary of the District's environmental review for this project. • A Notice of Preparut:on (NOP) was distributed to state agencies, local organuatzons, and individuals on November 10, 2003 fora 30-day comment period, zt :s included zn Appendix A of the Draft EIR Seven (7) letters of comment were received • A publzc scopzng meeting was held on December 10, 2003 :n order to obtain input from local residents on the proposed Henderson Creek Properties residential development Attendees d:d not race any issues not previously identified zn the Initial Study. • The Draft EIR was distributed fora 45-day publzc review and comment period on February 20, 2004 • The Final EIR was distributed fora 10-day notzf:cat:on period for the City beginning • ~'~ - `~ ~~ ~- L, ~ 3~e 696/Final EfR/CEQA Findings 4 an9nooa • • The Plannzng Commission held a public hearing to consider the protect on May 12, 2004 At that hearing the Plannzng Commission recommended that the protect be approved. • Thts Council held one ubhc heann to consider the ro ect pt ~iY~" :~_ p g p I .. Following publzc testimony, this Council certified the Final EIR and adopted these findings C.1 Custodian and Location of the Record , Findings: The documents and other materials, which constitute the record of proceedings for the City s approval of this protect, are located at the Czty of Rancho Cucamonga Plannzng Department, 10500 Czvzc Center Drive, Rancho Cucamonga, California 91729 C.2 Independent Judgment I ,, The City sohcrted proposals from) independent consultants to prepaze the EIR for the Henderson Creek Properties residential development project. A decision was made to retain Lilburn Corporation of San Bemazdmo, ~ Califorma to prepaze the documents The EIR was prepaed under the supervision and direction of the Crty of Rancho Cucamonga Plannzng Department staff and reflects the independent judgment of the Czty staff' and accordingly, the Czty Coiincil. • Findings: , The EIR reflects the City's independent judgment exercised zn accordance with CEQA Section 2I082.1(a)(c) by reviewing, analyzing and revising materital prepared by the consultant, circulating the Draft EIR as a Czty document and certifying that the EIR reflects the zndependent,/udgement of the lead agency D. ENVIRONMENTAL IMPACTS The City's staff report, the EIR, written and oral testimony at publzc heanngs, and these facts, findings and statement of overriding considerations and other information in the admznistradve record serve as the basis for the City's environmental determination. The Final EIR includes revisions to the Draft EIR, public comments and the City's responses, and the Notice of Deterininatzon. The detailed analyses of potential environmental impacts and proposed mitigation measures for the Henderson Creek Properties residential development aze presented in Chapter 4 0 of the EIR. Written comments and the District's responses aze provided m Chapter 10.0 of the Final EIR Presented below aze the environmental findings made by this Council after its review of the documents referenced above, as well as the written and oral comments on the Henderson Creek Properties residential development project presented at the Planning Comrmssion and City Coiincil public heanngs Factual discussion in this document summarizes the information 696/Final EIR/CEQA Findings 5 4/292004 contained in the EIR and the admuustrative record upon which this Council bases its decision to • certify the EIR and approve the project. The EIR prepared for the Henderson Creek Properties residential development evaluated eleven major environmental categones for potential sigmficant adverse unpacts. Both project specific and cumulative impacts were evaluated. Of these eleven mayor environmental categones, the Council concurs with the conclusions in the EIR that the issues and sub-issues discussed below can be mitigated below a sigmficant impact threshold For those issues that cannot be mitigated below a level that is less than sigmficant, ovemding considerations exist which make impacts acceptable. The following are the remaining sections of Uus document: Section E: Project Benefits Section F: Alternatives to the Project Section G: Statement of Overriding Considerations Section H: Abbreviations and Acronyms D.1 FINDINGS REGARDING IMPACTS ANALYZED IN THE EIR AND DETERMINED TO BE MITIGATED TO LESS THAN SIGNIFICANT This section includes findings for project impacts which aze potentially significant, but can be mitigated to a less than significant level with the imposition of mitigation measures. This . Council finds that all potentially significant impacts of this project listed below can and will be mitigated, reduced or avoided by imposition of mitigation measures. Specific findings of this Council for each category of such impacts are set forth below in this section. CEQA Section 21081 states that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects unless the public agency makes one or more of the following findings: a Changes or alterations have been required :n, or incorporated into the project, which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report b Such changes or alterations are within the responsibility and ~ur:sd:ct:on of another public agency and such changes have been adopted by such agency or can and should be adopted by such other agency. c Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report This Council hereby finds, pursuant to CEQA Section 21081, that the following potential environmental impacts can and will be mitigated to below a level of significance, based upon the implementation of the mitigation measures recommended m the EIR. • ~ -L, N ~ 696/Final EIR/CEQA Findings 6 anvrzooa Each proposed mitigatron measure discussed in this section of the findings is assigned a code letter correlating it with the environmental category used m the Mitigation Monitoring and Reporting Program included in Chapter 9.0 of the EIR. 1. Land Use and Planning la. Potential Significant Impact: The proposed project would be inconsistent with the Et:wanda North Specific Plan. Facts: The proposed project is asingle-family commumty developed at a density of 1.9 dwelling units per acre. The proposed 123 lots range in size from 14,025 squaze feet to 45,755 squaze feet with an average size of over 18,000 square feet, with two lettered lots for landscaped open space on 65.3 acres of a 90.4-acre site Under the ENSP, a minimum lot size of 20,000 squaze feet is required in the Very Low Residential zone. The project as proposed is inconsistent with the Very Low designation because proposed site plans include a minimum lot size of 14,025 squaze feet and an average lot size of over 18,000 squaze feet. However, the overall density of 1.9 amts per acre is within the range of the Very Low designation. A proposed amendment to the ENSP would include a land use district change from Very Low Residential (0 1-2 dwelling amts per acre) to Low Residential (2- 4 dwelling amts per acre) for the 65 3 acres to allow the project to be developed with resdentral lots of less than 20,000 square feet. As required in the ENSP, development of lots less than 20,000 square feet are required to provide an in-lieu fee of $1,000 per lot for development of an off-site Equestrian Center. The proposed project would be subject to this requirement for each lot that is not designed for equestrian use. The proposed project generally meets the ENSP goal and objectives with regazds to creating a commumty design unage that represents Old Etiwanda by providing lazge lots, including equestrian lots, access to trails, provision of views of the mountains, and complying with ENSP standards for landscape treatments and walls, fencing, lighting and community entry. Mitigation Measure LU-1 Prior to the issuance of grading permits, the project proponent shall submit and obtain approval of a landscape plan that demonstrates compliance with the City s neighborhood Theme Plan as contained in the Etiwanda North Specif c Plan Mitigation Measure LU-2 The project proponent must pay an zn-lieu fee to the City of Rancho Cucamonga for the development of an equestrian center as specified :n`th`e development agreement -~~ N 696/Final EIR/CEQA Findings '~ 4l29Y2(NW Findings: i Based on the whole record, thzs Counczl finds that payment of in-Izeu fees for contrzbutzon to an Equestrian Center well ensure that the proposed project is conszstent with the ENSP, makzng thzs zmpact less than stgnzfzcant 2. Traffic and Circulation 2a. Potential Significant Impact: The proposed project would zncrease vehtcle trips, and impact the level of servzce along arterial streets and zntersectzons. Facts: ~~, The project trip distribution patt~ms were developed based on a review of existing traffic volumes, freeway ramp locations,lland uses proposed, and the circulation system pm~ected to be ~~~ m place by 2004. Openzng Year (2004) Without Project Conditions The intersection operations analysis for 2004 without project traffic conditions showed the following intersections are projected to experience LOS E to F operations and aze, therefore, deficient• • Wazdman-Bullock Road (NS) at: Wilson Avenue (EW) • Etiwanda Avenue (NS) at: Banyan Street (EW) Opening Year Wzth Project Condztzons The intersection operations analyses for 2004 with project traffic conditions indicated that the following intersections aze projected to experience LOS "E" to "F" operations and aze, therefore, deficient: • Wazdman-Bullock Road (NS) at: Wilson Avenue (EW) • Ehwanda Avenue (NS) at: Banyan Street (EW) Proposed improvements include both funded improvements and any additional improvements needed to achieve LOS D or better during the peak hours. The study azea intersections aze projected to operate at LOS D or better during peak hours, with unprovements. S-`'1 I V `O 696/Final EIR/CEQA Findings 8 429/2004 The project's fazr shaze contnbuhon has been calculated based on the pmlect's traffic volumes at the unpacted intersections The project contnbution percentage ranges from 11.5 percent to 73.9 percent. The associated cost of the improvements has been multiplied by these percentages to determine the project's contribution. The total fair shaze cost is estimated to be $25,676 On-Site Mitigation Measure TC-I The developer shall participate :n the phased construction of ofrsite trafJFc signals through payment of established fees Mitigation Measure TC-2 On-site traffic signing/stn ping shall be implemented to conlunctton with detailed construction plans for the pr~ject. , Off-Site I Mitigation Measure TC-3 The developer shall construct Wardman-Bullock Road along the protect frontage at its ultimate half section width as a Collector roadway (ti6 foot nghi-of--way) in conlunctton with development, and complete the westerly portion of Wardman-Bullock Road from the south pro/ect boundary to Wilson Avenue. Improvements shall include curb/gutter, irafj'ic signs, striptng, etc. Mitigation Measure TC-4 Modify stop sign placement to control east/westbound traffic at the intersection of Wardman-Bullock (NS) and Wilson Avenue (EW). Mitigation Measure TC-5 Install a Traffic Signal at the Etiwanda Avenue (NS) and Banyan Street intersection The protect should contribute towards the cost of necessary study area improvements on a fair share or "pro-rata "basis Findings: Based on the whole record, this Council finds that with implementation of proposed improvements, the study area intersections would operate at a level of service of D or better which is considered less than sign:fcant. z-~, N y~ 696/Final EIR/CEQA Findings g anvrzaoa 3. Noise 3a. Potential Significant Impact: Construction none represents ashort-term Impact on ambient nozse levels. The primary source of construction nozse zs heavy equzpment Noise generated by construction equzpment, including trucks, graders, bulldozers, concrete mixers, cranes and portable generators can reach high levels Grading wall generate the highest levels of nozse dunng construction Facts: Temporary construction noise impacts will vary markedly because the nozse strength of construction equzpment ranges widely as a function of equipment used and its activity level. Short-term construction nozse impacts tend to occur m discrete phases dominated initially by large earthmoving sources, then by foundation construction, and finally for finish constzuction. The earthmoving sources are the noisiest with equipment noise typically ranging from 75 to 90 dB(A) at 50 feet from the source. Point sources of noise emissions are attenuated by a factor of 6 dB per doubling of distance through geometrical (spherical) spreading of sound waves. The quieter noise sources will thus drop to a 65 dB exterior/45 dB interior noise level by about 200 feet from the source while the loudest may require over 1,000 feet from the source to reduce the 90 dB(A) or greater source strength to a generally acceptable 65 dB(A) exterior exposure level. Construction noise sources are not strictly relatable to a community noise standard because they occur only during selected times and the source strength varies sharply with time. The penalty associated with noise disturbance dunng quiet hours and the nuisance factor accompanying such disturbance usually leads to time limits on construction activities imposed as a condition on construction and use permits. The City's Development Code lirnits construction activity to the hours of 6:30 am and 8 pm, Monday through Saturday. Mitigation Measure N-1 Construction contractors shall adhere to the Czty Development Code for hours of construction act:vzty - 6 30 am to 8.00 pm, Monday through Saturday. No construction activity shall take place on Sundays or holidays. Windings: Based upon the whole record, this Council finds that with zmplementat:on of the above mitigation measure, short-term Impacts would be reduced to a less than szgn:ficant level. =-t-, ~ y2 696/Final EIR/CEQA Findings 1 ~ 4/29/2004 . 3b. Potential Significant Impact: Noise levels at the building facades of homes nearest to the project exit (Wardman-Bullock frontage) would experience Horse near 60 dB CNEL due to vehicular traffzc Facts: At buildout, the proposed project would includg 123 single-family residences and two open space lots. Based on the tract map, the Noise Engineer has calculated that homes neazest the project's entry could experience noise levels of 60 dB CNEL. The Noise Analysis used the Federal Highway Administration (FHWA) Traffic Noise Model to evaluate future noise associated with traffic on the proposed project. The model calculates the LEQ noise level for a particulaz 'reference set of input conditions, then makes a series of adjustments for site specific traf~ volumes, distances, speeds or noise bamers. Because the proposed project will create traffi volume changes on a number of roadways, generic runs for one arterial roadway source were~made and noise levels on all other roadways were calculated based on a logarithmic volume r do adjustment to the reference volume noise level. A 65 dB exterior noise exposure is considered acceptable for residential and other noise-sensitive land uses. Relative to the 3 dB noise level increase as a potentially sigmficant Impact, there is only one roadway segment where future buildout with the protect noise levels would increase by 3 dB or more above existing levels. The potential noise impact location is Wazdman-Bullock Road between Wilson Avenue and the project site entrance. The noise Increase on this segment is as follows: • Future without the prol ect +0.4 dB • Future with the prod ect +3.2 dB The fixture with project condition exceeds the 3 dB potential significance criterion The 65 dB(A) CNEL contour along Wazdman-Bullock Road is currently less than 50 feet from the centerline at buildout. The proposed project would thus cause a perceptible Increase in noise along this roadway, but not at levels that would cause usable exterior space residential standards of 65 dB(A) CNEL to be exceeded. The distance from the centerline of Wazdman-Bullock Road to the 65 and 60 dB (A) CNEL contour is as follows: • 65 dB CNEL = 28 feet • 60 dB CNEL = 62 feet The first two residences of the project may have rear yard exposure slightly exceeding 60 dB(A) CNEL, but well below the 65 dB. Away from Wardman-Bullock Road, the higher baseline levels • and the progressive dilution of protect traffic would create maximum protect related increases of less than 1 dB. Differences of less than 1 dB aze imperceptible to humans even under laboratory _'~ ~ 1~ ~3 696/Final EIILCEQA Fmd~ngs ] ] 4/29/2004 conditions, much less over an extended period of hme m the ambient environment. The off-site protect traffic noise impact is less than significant. The building fagade noise level of homes closest to the project entry would be neaz 60 dB CNEL. Structural noise reduction with closed single paned windows is 20 dB (10 dB) with windows partially open) Achieving a 45 dB(A) CNEL mtenor would require the ability to close windows facing Wazdman-Bullock Road. Mitigation Measure N-2 The developer shall znstall azr conditioning units as a standard to allow for wtndow closure for future residences :n the development that front on Wardman-Bullock Road. Findings: Based on the whole record, this Counczl fends that the :nstallatzon of air condzt:on:ng units to homes that front Wardman-Bullock Road would decrease impacts to tntenor noise levels to less than significant levels. 4. Geology and Soils 4a. Potential Significant Impact: Development of the proposed Henderson Creek housing tract would expose people and structures to nsks associated with seismic ground shakzng due to regional and local faults located :n the area. Facts: Ground shafting is the most sigmficant seismic hazard. It is the result of waves emanating from the focus of an earthquake being transinitted through the sun-oundtng azea bedrock and soils strata. The pnmary geologic hazazd that exists at the site is that of ground shaking. The strength of earthquake-induced ground shaking is commonly measured as maxunum or peak ground acceleration. Acceleration is defined as the hme rate of change of velocity of a referenced point dunng an earthquake, commonly expressed in percentage of gravity (g). Its value at a particulaz site is a function of many factors, including, but not limited to, earthquake magnitude, distance of causative earthquake, vanous seismic-source parameters, site location relative to direction of energy propagation, and geologic conditions at the site The duration of the movement is also sigmficant, but is not easily expressed or predictable Shaking is the most senous threat posed by earthquakes to the azea. When the San Andreas Fault ruptures, with an expected magnitude of 7.8 to 8 2, imhal acceleration of up to 8g is a reasonable expectation. Duration of the shaking vanes with distance from the fault and the length of the fault that ruptures m a given event. Mitigation Measure GS-1 Pnor to Issuance of grading permits, the developer shall submzt gradzng plans that Incorporate the general earthwork and gra1ding spec:fica~tt(ons for rough grading as set ~" ~ ~ ~ an9nooa 696/Final EIR/CEQA Findings 12 b00U6U6 £ 1 s9mpm3 tla3JMI3 Ieu~d/969 rah N `~-~. 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Rainfall could cant' more sediment off the disturbed areas of the site, and this increased sedinentation may adversely affect water quality downstream from the project site. Pollutants likely to be present in stonnwater dischazges in small quantities during earthwork and construction include the following. • Vehicle fluids such as oil, grease and coolants. • Asphaltic emulsions associated with asphalt-concrete paving operations • Paints and solvents. • Wood products • Metal and plated products The proposed project is subject to the National Pollution Dischazge Eliniination System (NPDES) permit requirements The State of Cahfomia is authonzed to administer vanous aspects of 1}ie 1~11'DES. Construction activities covered under the State's General Construction pemvt include removal of vegetation, grading, excavating, or any other activity that causes the disturbance of one acre or more. The General Construction permit requires recipients to reduce or eluninate non-storm water discharges into storm water systems, and to develop and unplement a Storm Water Pollution Prevention Plan (SWPPP). The purpose of a SWPPP is to: 1) identify pollutant sources that may affect the quality of dischazges of storm water associated with construction activities; and 2) identify, construct and implement storm water pollution control measures to reduce pollutants in storm water dischazges from the construction site dunng and after construction. The Regional Water Quality Control Board (RWQCB), Santa Ana Region has issued an azea- wide NPDES Storm Water Permit for the County of San Bernardino, the San Bernazdmo County Flood Control Distnct, and the incorporated cities of San Bernardino County. The City of Rancho Cucamonga then requires implementation of measures for a project to comply with the azea-wide permit requirements A SWPPP is based on the principles of Best Management Practices (BMPs) to control and abate pollutants. The SWPPP must include (BMPs) to prevent construction of the project from polluting surface waters. These would include, but are not limited to street sweeping of paved roads azound the site during construction, and the use of hay bales or sand bags to control erosion dunng the razny season. BMPs may also include: • The contractor will attempt to use enclosed storage sheds where possible. Any hazazdous matenals stored m the open will be placed on pallets to prevent contact with the ground. Matenals will be kept in their onginal containers and adequate supply of clean-up matenal will be kept on hand at all tunes in case of a spill. • The contractor will avoid applying matenals dunng penods of raznfall and protect freshly applied matenals from runoff until dry. • Any wasting of equipment or vehicles will be done in a designated place where a sump can be located so wash water can be collected for disposal • ~-L, N ~~ 696/Final EIR/CEQA Findings l4 4/29/2004 • All waste will be disposed of in accordance with local, state and federal regulations The contractor will contract with a local waste hauler or ensure that waste containers are emptied weekly Waste containers cannot be washed out on-site • All egiupment and vehicles will be serviced ofl=site. Erosion and Sediment Control During construction, azeas previously undisturbed will be excavated and graded to prepare the site for development. Contractors will employ BMPs to control erosion and minimize sediment transport off-site In addition to the BMPs identified for control of pollutants related to equipment, vehicles and construction materials, other control measures for sediment tracking, wind erosion, non-storm water management, and waste management and disposal will be required. Soil stabilization practices and sedunent control measures to protect the disturbed area of the project site before the onset of precipitation will be required Caltrans has identified a number of BIvIPs to stabilize soil during construction. Samples of these BMPs aze presented below BIv1Ps specific to the Henderson Creek development project will be identified in the '" SWPPP prepared for the project. I • Where possible, lunit clearing and grubbing azea to the limits of active construction To limit the tune of exposure to erosion, preserve existing vegetation as long as practicable to take advantage of its ability to control erosion and filter sediment. Existing vegetation • in the work azeas will not be removed until immediately prior to beginning any work in those azeas. • To prevent any increase m sediment load in storm water that leaves the project site, the contractor will place sandbag bazners to intercept runoff and force it to pond behind the sandbags. The contractor will remove the sedunent from the site in accordance with specifications of local, state and federal regulations. Mitigation Measure IT<'VQ-1 Prior to Issuance of grading permits, the applicant shall submit to the Ctty Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Eltm:nat:on System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i e, a copy of the Waste Dischargers Ident fcation Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit Findings: Based on the whole record, this Council finds that after implementation of BMPs set forth in the SWPPP, potentially significant impacts on water quality from construction activity will be reduced to a level of less than significant • -~-~., N y~.- 696/Final EIR/CEQA Findings 15 4/29/2004 6. Public Health and Safety • 6a. Potential Significant Impact: The frequency of high winds will expose structures and residents to potential damage from extreme wind conditions Facts: The Santa Ana wmds along the front of the mountains can reach hurricane force and aze capable of damaging or destroying structures, or causing damage by windblown debris. The proposed project would result in the development of 123 single-family lots and would expose people and structures to high wmds particulazly dunng Santa Ana conditions. Winds at speeds reaching 80 to 100 miles per hour have been recorded m the azea. Development would subject structures to wind-related damage to roofs, fences, windows, and landscaping. There aze a number of health and safety issues related to wind hazards. First, during grading and site prepazation vegetation would be removed and earth would be moved, exposing soils to wind erosion. Ttus creates the potential for wind blown dust and soil to migrate off-site, adversely affecting adjacent properties particularly dunng Santa Ana conditions Muumum performance standazds such as requiring an interim erosion control plan, certified by the project engineer and reviewed and approved by the Public Works Department, and grading the site to accommodate the percent of natural slope would help in controlling wind erosion When applied in conjunction • with South Coast Air Quality Management District (SCAQMD) requirements for controlling fugitive dust, wind erosion can be muiimized. The City has identified issues relative to hazards due to high wmds, pazticulazly Santa Ana wmds including 1) damage to structures and trees; and 2) public safety issues related to traffic conditons, school operations, and increased demand on fire and police services and the City's Operations Center The proposed protect would be consistent with the General Plan policies for wind hazazds by adhering to the City's standazd conditions of approval for notifying potential homebuyers of the risks associated with lvgh wind Santa Ana conditions m the azea. In addmon, dunng site grading and construcrion, the contractors would be required to comply with City provisions for preventing soil erosion and excessive generation of dust where the property is vulnerable to these conditions. The remaining policy related to wind hazards is a policy for the City to adhere to which is to keep the development community apprised of any changes in the City's development standazds for new construcrion resulting from the introduction of new building materials that could withstand impacts of high wmds. This is an ongoing effort for all cores along the front of the San Bemazdino and San Gabriel mountain ranges and the development community that is ongoing. As new building techniques or materials come available they will be introduced into new development projects ~-L, ~ ~6 696/Final EIR/CEQA Findings 16 4/29/2004 Mitigation Measure HS-1 The developer/buzlder shall utilize the optimum building materials and construction techniques to minimize wind damage to property as set forth in Division III, Chapter 16 of the Un:jorm Building Code Mitigation Measure HS-2 The home builder/sales agent shall disclose to potential buyers, that the project zs zn a High W:nd Area This disclosure shall also be included in escrow papers or other documentation for future buyers. Mitigation Measure HS-3 See Mitigation Measure AQ-1 for control of PMzo emissions dunng grading and construction Findings: Based on the whole record, this Council finds that proper construction methods will reduce the nsk from wind hazard to a less than significant level. • 6b. Potential Significant Impact: Wildfires on adjacent lands including National Forest land and undeveloped properties could threaten residential development on the pro,/ect site Facts: According to General Plan Exhibit V-7, the project site and surrounding area aze located within a "High Probability, Htgh Consequence" fire hazard azea. When occasional high words occur there is a nsk of fire spreading out of control and bunting the project residences. The site was burned dunng the Grand Pnx fire that occurred m October 2003 Irt order to mtmmize nsk to public health and safety, the project applicant has prepared a fuel modification plan, wlvch is siimmanzed here. Off-Site Ftre Hazazd and Rtsk With the exception of the residential azea to the east, lands sunounziing the project site were all burned dunng the Grand Pnx fire m October 2003 Therefore, the vegetation on surrounding lands will recover with the same species composition that existed before the fire Fires starting north to northeast of the site under Santa Ana word situations will be the most dangerous to this site. However, there will be fewer of these fires than dunng prevailing words from the southwest • to the west Statistics gathered by fire agencies tell us that as we add people to an area of wildland vegetation, the number of ignitions increases (nsk). As the brush grows back after a -~-~, N ~~ 696/Final EIR/CEQA Findings 17 4@9/2004 large fire, the intensity of a fire m the azea will also increase (hazazd). When homes and other . amemties are added to the same azea (value), the need for increased fire protection and fuel modification becomes apparent The assessment of these factors for Henderson Creek is a combination of lvgh nsk, high hazazd, and }ugh value. Northern Boundary The existing off-site native vegetative fuels along the northern boundary aze classified as Fuel Model NFFL FM 1-Grass. Under the proposed protect, the developer will construct a 15-foot wide equestnan trail north of the lots 25, 97-119 and 123 There will be a six-foot masonry wall and a riprap drainage channel, and an area of trees, shrubs, and groundcover between the wall and the residential backyards. Tlus will provide 100 feet between the chaparral vegetation and the homes. The homes will also be constructed with Class A roofs Wazdman-Bullock Road is constricted north to its intersection with Colonbero Road. This intersection is bounded by the Flood Control easement on the north. A pazkway with trees, shrubs, and groundcover will be m place between the street and the homes. There will also be a masonry wall shielding lots 120-1~3 from any fire on the north or northeast side. Western Bound The wildland fire threat from the western boundary is moderate The fuels aze fight annuals. • There will be a six-foot masonry wall and landscaping between the native vegetation and new homes. This set of circumstances will reduce the wildland fire threat to within acceptable liiriits. The homes on the west side (lots 25-36) need to landscape with firewise vegetation that will not compromise the homes to wildland fires (see mitigation measures below). The wall and ungated landscaping will provide defensible space for homes on the west side Southern Boundary The Southern Cahforma Edison transmission fines are a very short distance south of tlvs project pazaliel to lots 53-66. The transmission tine easement precludes any additional residential construction between the above referenced lots and the transmission lines. The south exposure is a low fire hazard. Landscaping The fuel modification plan designates two zones (Zone 1 and Zone 2) as standards for landscaping around structures. Each homeowner will be responsible for mamtazmng the fuel modification Zones 1 and 2 within their property. Common areas will be maintained as dtrected by the Landscaping Plan and will be imgated. The grass, groundcover, and ornamental trees will add to the decor of this project as well as decreasing fire hazazd for property owners. Fuel Modification Zone 1 includes the first 30 feet around a structure. This landscaping zone is usually imgated and consists of fire resistant and maintazned plants (lawn and ground cover) usually less than 18 inches high Zone 1 may contain occasional fire resistant trees or single, ~-~, N 5Q 696/Final EIR/CEQA Pond~ngs 18 4!29/2004 well-spaced ornamental shrubs taller than 18 tnches intermixed with lawn and/or ground cover. Trees must be planted so that when they reach matunty then branches aze at least 10 feet away from any structure Zone 1 may extend beyond 30 feet and into Zone 2 as deemed appropnate. Regular maintenance and continued imgation is very important in Zone 1. Non-flammable patios, walkways, rock, and gravel can be used to break up fuel continuity within this Zone as well. Fuel Modification Zone 2 includes the azea 30 to 100 feet away from structiires. This Zone may include natural vegetation or manufactured slopes that will be treated and maintained to assure fire-resistant conditions. Manufactured slopes may include a single shrub or small clusters of thinned and well-pruned fire resistant shrubs taller than 48 inches and well-pruned single trees limbed up 6 feet above the ground. All dead matenal must be pruned out of all shrubs annually and disposed of appropriately. Emergency Access During the eazly stages of the Grand Pnx fire in October 2003, fire officials were utilizing the project site to stage water filling operations for some of the helicopters dropping water on the fire Emergency vehicles were also using Wazdman-Bullock Road and other similaz local streets in the area to gain access to the fire azea during this emergency. This would likely continue after the project is developed because areas north of this site would continue to be undeveloped, and emergency vehicles would continue to require access for emergencies • The proposed project's road network must be developed to City street standazds in order to allow adequate emergency access. As a condition of approval, the project must include construction of the westerly portion of Wazdman-Bullock Road to "Collector Street" standards from Wilson Road to the south protect boundary. In addition, internal streets would be constructed to "Local" standazds that would provide adequate emergency vehicle ingress and egress. Mitigation Measure HS-4 Pnor to issuance of buildtng permits, the applicant shall submit a landscape plan/fuel mod f cation plan that shall contain the following details Zone I Landscaping and Fuel Treatment Zone I areas may be irrigated and/or temporarily irrigated ornamental f:rew:se landscaping. Single, well-spaced trees and shrubs are allowed. These trees and shrubs wall be planted and maintained so that at maturity, their branches are at least ]0 feet from any structure The purpose of Zone I landscaping :s to create anon-combustible plant zone for a minimum of thirty feet around each structure. Zone 2 Landscaping and Fuel Treatment Areas Zone 2 areas may be imgated or non- :rrtgated firewise ornamental landscaping and/or native vegetation treated and maintained to Zone 1 Criteria The purpose of Zone 2 Fuel Treatment :s to reduce the amount of . combustible fuels to a level where wildland fire intensity is substantially reduced and to 696/Final EIR/CEQA findings ~-~ ~ N s~ 19 an9nlaa provzde a safe zone for firefighters (defenszble space) during thezr wzldland fire protectzon efforts Common Areas These areas shall be mazntazned as directed by the Landscaping Plan, and wzll be zrr:gated. The grass, ground cover, and ornamental trees wall add to the decor of thu project and wall decrease the fire hazard for property owners Mitigation Measure IIS-5 The znstallat:on of reszdentzal fzre sprinklers as a component of the deszgn approach to protect those propertzes that may be exposed to future wzldland fires coming of the nearby foothzlls. Findings: Based on the whole record, ~hzs Counczl finds the combznatzon of landscapzng, reszdentzal f:re sprinklers and zntroduchon of paved suzfaces where none currently exist, and •'^ zmplementatzon of the Fuel ~od:fzcatzon Plan wall ejfeckvely reduce movement of potentzal fire into the proposed Henderson Creek propertzes and thereby reduce zmpacts to a level of less than szgnzfcant I Biological Resources 7a. Potential Significant Impact: The proposed project would result zn the development of 65.3 acres of Upland sage scrub, dzsturbed annual grassland and a small area offlat-top buckwheat scrub Facts: Vegetation Prior to the fire, the proposed development would have Impacted 1.5 acres of disturbed annual grassland and 4.2 acres of~disturbed annual grassland dominated by deerweed. These Impacts would not have been considered sigmficant due to the relatively small azea impacted (approximately 1/3 of the total extent of the disturbed annual grassland on-site). In addition, the project site had experienced substantial disturbance from previous impacts prior to the Grand Prix fire such as weed control measures, and the construction of power line maintenance roads and other roads that cross the property The proposed development would Impact 53.5 acres of upland sage scmb Upland sage scrub dommated by white sage is unusual, but is not considered to be sensitive habitat by the resource agencies that regulate biological resources The loss of tlvs plant community and wildlife habitat is not considered to be significant, however, remains important from a cumulative sense The proposed development would have Impacted 4 5 acres of flat-top buckwheat scrub. This Is a i common species and Is frequently an Indicator of prior disturbance. No sensitive species were ~-L 1 I V SZ 696/Final EIR/CEQA Findings 2t) 4292004 found in this plant community and therefore no impacts were expected to occur. The loss of this plant community is not considered to be significant m the absence of sensitive species. Though much of the vegetation previously found on-site would ltkely grow back if no development took place, the Biological Assessment found no substantial evidence of sensitive plant or wildlife species on the site. The project site was already disturbed prior to the fire by dut roads from power line mazntenance, previous construction activity, commercial harvesting of white sage, and flood control activities. As a ,result of the Grand Prix fire, much of the appropnate habitat was disturbed and many of the potential on-site species were displaced. Approval of the Henderson Creek Properties residential development would not have an impact on the biological resources. Habitat Conservation Areas The project site ties adjacent to tt~e SBCFCD Flood Control Conservation azea, which occurs unmediately south and west of the site. This conservation area is managed for the presence of the , , alluvial fan sage scrub habitat, (wetland resources and several sensitive species potentially occumng in the azea. The project, site has been zoned for residential use and would not directly impact the habitat conservation area. In 1992, the County of San Bemazdino formed the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) to identify existing open lands having special resource value and to encourage the preservation of these lands Resource values include cntical habitats, unique communities, npanan areas, and comdor connections. Lands with special resource value could be added to existing open space areas to provide connections between open space areas, increasing sizes and reducing fragmentation. The program encourages property owners to preserve key parcels through vanous mechanisms. The Henderson Creek Properties residential development occurs within the general boundary of the NEOSHPP and is within the County Sernce Area (CSA 70) Improvement Zone OS-1. Mitigation Measure BIO-I Prior to issuance of'gradmg permits the applicant shall acquire and convey to County Special Districts, 58 acres of land within or near the NEOSHPP area that support alluvial fan sage scrub and/or upland sage scrub. This measure :s proposed to mitigate the potential loss of habitat for sensitive plant and animal species, and the loss of raptor foraging land This off-site mitigation land (OML) shall be equal or greater habitat value than that of the proyect site The identfcat:on and transfer of the OML will be to the satisfaction of the City Planning Department, :n accordance with the NEOSHPP This measure shall be implemented to the satisfaction of the City Planner -- -- ~-~ , N ~ 696/Final EI(UCEQA Endings 21 4/29/2004 Findings: Based on the whole record, thu Council finds that conveyance of off-site mttigarion land to County Special Drsmcts CSA-70 for incorporation into the NEOSHPP would make this impact less than significant. D.2 Il10'ACTS ANALYZED IN THE DRAI~'I' EIIt AND DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE 1. Air Quality la. Significant Unavoidable Impact: Construction activities included to the Henderson Creek Development would cause the release offugitive dust and combustion emissions from equipment. Facts: Construction emissions for protects this size and lazger, typically exceed SCAQMD's thresholds due mainly to the simultaneous operations of several pieces of heary construction equipment for site prepazation The construction activities aze considered short-term (less than one year) and temporary They do not impact the long-term aIr quality of a region but can cause nuisance type air Impacts to adjacent land uses and in the local area (i.e. fugitive dust). Grading of the site would also create short-term aIr quality Impacts related to blowing dust. The soils underlying most of the site Is relatively loosely consolidated and subject to wind erosion when disturbed by new construction and when unpaved roads aze utilized. An air pollutant emissions Inventory was prepazed to evaluate construction emissions. Emissions were calculated using the Urban Emission Mode12002 (URBEMIS 2002). The criteria pollutants screened include reactive organic gases (ROG), nitrous oxides (NOx), cazbon monoxide (CO), and particulates (PMio). Two of these, ROG and NOx, aze ozone precursors Tables D 2-1 and D.2-2 s»mmanze the emission mventones. Table D.2-1 Site Gradin Emissions and Si ificance Emissions Ib/da Source ROG NOx CO PMIo Off-Road Diesel 17.23 144 19 118.01 6.72 Worker Tn s 0 19 0.37 3 93 0.02 Total 17.42 144.56 121.94 26.74 SCA MD Threshold 75 100 550 150 Si nificant No Yes No No Sou¢c URBEMIS2002 Computer MWe~, vuryut m cin nppena~a ~. -~-L, N Sy 696/Final EIR/CEQA Findings 22 4892004 Table D.2-2 Cnnstrnrtinn Air Pollution Emissions end S1gn111CanCe Emissions Ib/da Source ROG NOx CO PMto Off-Road Diesel 30 09 243.39 212.64 11.19 Butldmg Worker Tn s 0 59 0.33 7 Ol 0.10 Arch Coahn 494.50 -- -- - Arch Coatin Worker Tn s 0.59 0.33 7 Ol -- halt Off-Gas 1.43 -- -- -- A halt On-Road Dtesel 0.34 6.75 1 27 0.09 Total 527.54 250.80 227.92 31.37 SCA MD Threshold 75 100 550 150 Si nificant Yes Yes No No Source IJRt3EMiJ2uul t;ompurer Moae~, wipuc m cuc nppenmz ~ The estimated air pollutants emissions aze not expected to exceed SCAQMD thresholds for cnteria pollutants except for ROG and NOx Construction mittgation measures listed herein would reduce construction exhaust pollutants. Mitigation Measure AQ-1 Dust Control • L:mzt the simultaneous disturbance area to as small an area as practical. • Terminate soil disturbance and accelerate dust control procedures when wands exceed 25 mph • Stabilize previously disturbed areas zf subsequent construction zs delayed Emissions • Require 90-day low-NOx tune-ups for ol, j-road equipment • L:m:t allowable idling to 10 minutes for trucks and heavy equipment Off-Site Impacts • Encourage car pooling for construction workers • L:m:t lane closures to ofj-peak travel periods • Park construction vehicles off traveled roadways • Wet down or cover dirt hauled off-site . • Wash or sweep access points daily. • Encourage receipt of construction materials during non peak traffic hours. ~-~ ~ N ss 696/Final EIR/CEQA Findings 23 4292004 Findings: Based on the whole record, this Council finds implementation of the recommended measures will further reduce construction emissions, mrnimizing the project's contribution to regional emission of cnter:a pollutants. However, construction emissions (building phase) wall exceed SCAQMD's thresholds for ROG and NOz and therefore, would remain a significant impact D.3 CUMULATIVE IMPACTS ANALYZED IN THE DRAFT EIIt California Environmental Quality Act (CEQA) Guidelines Section 15355 defines a cumulative impact as one that is created as a result of a combination of the proposed project together with other projects causing related impacts. The guidelines pronde guidance concerning the format and content of a cumulative impact analysis by stating that an EIR shall discuss cumulative impacts of a project when its mcr~mental effect is cumulatively considerable. The incremental effect is defined as a significant uieversible environmental change that would be involved if the ,,, proposed project should be imple~ented (CEQA Gmdehnes sections 15130(a) and 151ti5(c)). An adequate discussion of cumulative impacts should be based on either 1) a list of relevant past, present and reasonably anticipated future projects that would produce related or cumulative impacts, or 2) a summary of projections contazned m the City of Rancho Cucamonga General Plan Due to the location of the site in the northeast portion of the City, the identification of related projects was limited to a specific geographic azea of the City (both the City of Rancho Cucamonga and Fontana) rather than the City as a whole. Related projects considered m this cumulative analysis aze identified m Table D.3-1. ~'-L, N ~ 696/Final EIR/CEQA Findings 24 4/29!1064 • • Table D.3-1 ('mm~lative Prniectc Development/Jurisdiction Location' Acres Units Population2 Rancho Ehwanda /Ctty ormerl Umverst 2 rmles southwest 251 685 2,226 Rancho Ehwanda Estates /CIty otmerl Crest Pro ect 1 mtle west 247 632 2,054 Centex /Ctty Formed Ehwanda Het tits 2 rmles southwest 325 200 650 Co ote Can ons/Fontana 1 mtle east 25 660 2,145 Mastercraft/Ct 1 mtle southwest 150 300 975 Standard Pactfic/Ct 3 mtles southwest 642 306 995 Rtchland/Wilson /Ctty ow TT 16072 ff 1 dole southwest 151 359 1,167 Trac 14749 %: mile west 169 269 874 l TTM 16113-16116 4 ma s / Ct rmles southwest 2 87 109 354 Rancho Summtt-County ow art of Ehwanda Preserve I 2 rmles west NA NA NA Los Osos Ht h SchooUCt 2 mules southwest 50 NA NA Lauren Development /Ctty Havenvtew Estates-TT 14771 5 miles west 25 40 130 TT 16147/Ct 2 mtles southwest 47 70 225 Letttrar TT 14759/Ct 2 rrules southwest 132 358 1,164 Subtotal 2 Ol 3 988 12 959 Henderson Creek/County (annex to Ct ; Pro osed Pro ect 100 125 400 Total 2 401 4113 13 59 1 Approztmate distance and dtrecuon from Proposed prolat site NA=not applicable 2 Eshrnate based on number of amts limes 3 25 person per unit TT= Trnmnve Tract TTM=Tentative Tract Map 3 Henderson Creek has 123 sin le farrul lots and 2 en S ace lots Source Planning Departittrnt, County of San Bemardmo and Ctty of Rancho Cucamonga, 2001 U ated b la Hrndcrson at Rancho and Pa[ McGucktan et Coun m March, 2002, and IRbra Matt to October 2003 Results of the cumulative analysis were that the proposed project In conjunction with other related projects would have a slgmficant adverse cumulative effect on the following: Air Quality - Construction of development projects m the vlclmty would likely have cumulative short-term Impacts to azr quality dunng construction. The proposed project would also add incremental pollutants to the South Coast Alr Basin in the form of additional vehicle emissions. This Is a slgmficant cumulative Impact to regional aIr quality. ~-~, N 5~- 696/Final EIR/CEQA Findings ZS 429/2004 Noise -Noise levels associated with the proposed protect aze related to 1) short-term • construction unpacts, and 2) vehicle trips that when combined with other related projects would increase the ambient noise levels in the vicimty Short-term construction impacts aze mitigated by limiting the rimes construction activities can occur on-site, and would cease after the construction schedule is completed. It is expected that any cumulative construction noise impacts can be nitigated at a protect level. The developer will mirigate roadway noise along planned residential azeas that aze not yet developed at the time of design. Area roadways aze expected to experience sigmfcant cumulative noise impacts due to regonal growth (+6 dB), therefore, growth will have cumulatively considerable impact on noise. bong-term noise is associated with new vehicle trips. Because these are residential trips and there are no land uses proposed in the vicinity other than residential, local noise would remain less than sigmficant. However, as residents combine with all other new residents increasing traffic levels on the roadways, cumulative noise unpacts would increase. Over time, azea roadways aze expected to experience significant noise unpacts due to city-wide growth in general. Public Services -The proposed protect is within the Etiwanda Umfied School District and Chafl'ey High School District. CEQA allows the payment of developer fees as an adequate mitigation for individual project unpacts to schools. However, these fees maybe inadequate over the long term to fully mitigate cumulative unpacts to schools, since no long-term funding mechamsms have been successfully established Based on this information, rt can be reasonably concluded that growth could have cumulatively considerable impacts on schools, and the proposed project will contribute incrementally to this unpact. Findings: The Council Ends that the pro,/ect on conyunctton wtth future development of adyacent areas for residential use would have a cumulative affect on air quality and noise generally related to increased vehicle traps In addition, public services (schools) would be cumulatively affected by the increase in the number of school age residents en the area After consideration offeastble mitigation measures, noise and air qualty impacts associated with an increase in the number of vehicle trips, and public service (school) impacts associated with the increased number ofschool aged residents would remain significant when combined with other related projects Therefore, these impacts are ovemdden by project benefits (Section E) as set forth in Section G, Statement of Ovemdzng Considerations. E. PROJECT BENEFITS The benefits from approving the Henderson Creek Properties project include: 1) provides quality housing opportunities compatible with existing and planned development that responds to mazket demands; and 2) providing a system of public/commumty facilities, including trails, open space azeas, and landscaping to support the residents of the protect and surrounding area The DistncYs objectives are as follows s-~, N ~ 696/Final EIR/CEQA Findings 26 4/29!1004 • • Be consistent with, and implement, the established policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code, and all other Czty Development guidelines, • Annex the 90 4-acre protect site and adjacent 10 0-acre utility easement into the City of Rancho Cucamonga, • Integrate the protect with the character of the surrounding neighborhoods and establish a development that results in logical, coordinated growth, • Establish a protect-wide circulation system that meets regional and local transportation needs and accommodates both vehicles and pedestrians; • Provide a system of publc%~ ommumty facilities, including trails, open space areas, and landscaping to support thelres:dents of the proyect and surrounding area in an efficient and timely manner, • Provide backbone public Infrastructure (i a roads, utilities) to serve protect residents and the surrounding community; • Mrnimzze impacts to, and generate revenues :n excess of costs for, various public service . agencies, and • Provide quality housing opportunities compatible with existing and planned development that responds to market demands Implementation of the Henderson Creek Properties residential protect would benefit the commumty by offenng quality housing that would be compatible with existing and planned development. It would also pinnde a system of public/commumty facilities, including trails, open space azeas, and landscaping for project residents and surrounding azea residents. F. ALTERNATIVES TO THE PROJECT The California Environmental Quality Act (CEQA) requires discussion of a reasonable range of project alternatives that could feasibly attain the project's objectives (Section 15126.6(a) An ETR must evaluate a reasonable range of alternatives to the project that (1) offers substantial environmental advantages over the proposed project, and (2) may be feasibly accomplished in a successful manner and within a reasonable penod of tune considenng the economic, environmental, legal, social and technological factors involved. The selection of alternatives for analysis is descnbed m Chapter 2.0 of the Draft EIR Each alternative to the proposed project was evaluated for its ability to reduce or eliminate impacts The project alternatives evaluated m detazl in Chapter 6.0 of the EIR are the following: • No-Protect-No Development Alternative • No-Project- Buildout Under the Existing Land Use Designation Alternative -~ L, N ~ 696/Final EIR/CEQA Findings 27 4a9/2004 The purpose m analyzing altemahves to a proposed protect Is to detemune if an alternative is • capable of eliminating or reducing potential significant adverse environmental effects, "even If these alternatives would Impede to some degree the attainment of the protect objectives, or would be more costly" (Section 15126.6[b]). The following discussion provides the Council's evaluation of each of the alternatives to determine whether there are feasible alternatives to the proposed action (CEQA Guidelines Section 15126 6[b]) and whether the alternative can elmunate or substantially lessen significant unpacts previously descnbed in the document for the proposed action A discussion of those alternatives eliminated from further consideration is also provided. F.1 ALTERNATIVES CONSIDERED AND REJECTED AS INFEASIBLE In determining whether an alternative scenario could meet the project goals and reduce impacts, the following alternatives were considered and rejected: a) Alternative Location- An alternative location for the proposed project was not considered because the project site is already designated m the City's General Plan as a residential site. Several properties surrounding the site east, south and west aze also designated for residential development. Those not designated residential aze designated as open space associated with flood control or utility corridors. b) Develonment Under the EX1St1nQ Land Use Desienation Alternative - An alternative for development under the County of San Bemardmo General Plan was not evaluated because: 1) the site is within the City's Sphere of Influence and has been pre-zoned by the City; and 2) under the County General Plan the developable azea of the site (653 acres) is designated Single Residential minimum 20,000 squaze-foot lots (RS-20m). This is the same density as allowed under the City's Very Low designation c) Alternative Land Use - An alternative land use was not considered as an alternative because: the City has planned for the azea to be residential and has planned for other, more intense land uses to be located along major thoroughfazes. F.2 SELECTION OF ALTERNATIVES TO BE CONSIDERED IN THE EIR The environmental analyses in Chapter 4.0 of the EIR concludes that project impacts would be less than significant or could be mitigated to less than significant with mitigation for most issues. Impacts that were found to be less than significant were related to Public Services, Utilities and Service Systems, and Cultural Resources Impacts that can be mitigated to less than significant levels are related to Land Use and Planning, Traffic and Circulation, Noise, Geology and Soils, Hydrology and Water Quality, Public Health and Safety, and Biological Resources. During construction, air quality emissions cannot be reduced to a less than significant level with mitigation. However, ur quality impacts would be short-term and would cease once construction activities are complete Alternatives to the proposed project were evaluated for their ability to • s=~, N l~ 696/Final EIR/CEQA findings 28 4/29/2004 . reduce or eliminate this sigmficant impact The following altemahves represent the range of reasonable alternatives selected for evaluation Alternative 1: No Project Alternative This altemahve assumes that no development would occur on the site. The 65.3 acres of the site proposed for residential development would remain vacant and not annexed to the City of Rancho Cucamonga The no-project altemahve would not meet the project's objectives to provide quality housing opportunities compatible with existing and planned development in response to market demands. Alternative 2• Develonment Under the EX1StinQ Land Use Decimation Alternative. Under this alternative the project would be developed as allowed under the current City of Rancho Cucamonga General Plan. For this analysis, it was assumed that development would occur within the same development envelope as that of the proposed prolect. The area disturbed by grading would be equal to that of the proposed project. Opportunities would exist to create lazger pad and lot sizes, and increased development setbacks. Development in this manner would result in mimmum lot sizes of 20,000 square feet with an average lot area of 25,000 squaze feet verses the proposed development with an average lot size of over 18,000 square feet. The site could be developed as a lot sales program with semi-custom tract homes. Fyuestrian uses could occur at this density and location. An alternative for development under the County of San Bemazdino General Plan was not evaluated, because• 1) the site is within the City's Sphere of Influence and has been pre-zoned by the City; and 2) under the County General Plan the developable area of the site (65.3 acres) is designated Single Residential minimum 20,000 squaze-foot lots (RS-20m). Similar to the proposed project, under this altemahve, annexation would need to occur. Currently the project site is designated for Very Low Residential (refer to Figure 3-2 in Chapter 3 0 for existing Land Use designations). For this analysis, it was assumed that development would occur within the same development envelope as that of the proposed project The area disturbed by grading would be equal to that of the proposed prolect Opportunities would exist to create larger pad and lot sizes, and increased development setbacks Development in this manner would result in minunum lot sizes of 20,000 squaze feet and an average lot area of 25,000 squaze feet. The site could be developed as a lot sales program with semi-custom tract homes. Equestnan uses could occur at this density and location. Under this alternative, due to the irregulaz shape of the property, the protect could be developed with approximately 90 lots; a difference of 33 lots from the proposed project Therefore, development under the City's existing pre-zoned designation would have a similaz unpact on the . physical envtronment including similar traffic, noise, and light and glare because the difference between the two projects is mm,mal. ~-~, N col 696/Final EIR/CEQA Findings 29 4892004 Findings: • Based on the whole record, this Council concurs with the conclusion in the EIR that the screening cr:tena to ident~ alternatives that would lessen or reduce significant e,~ects were appropriate F.3 FINDINGS REGARDING ALTERNATIVES CONSIDERED IN DETAIL IN THE EII2 • a. No Project - No Development Alternative Under this alternative, the project site would not be developed. The 65 3 acres of the site would remain vacant, undisturbed land. The General Plan and Zomng designations would not change and the property would not be annexed to the City of Rancho Cucamonga. This alternative is similaz to the discussion of exisring condirions for each issue addressed m Chapter 4.0 Environmental Impact Evaluarion (e.g ,land use, traffic, air quality, noise, etc.). •~• I Land Use ' I The No Project-No Development Alternative would not have an unpact on land use in the sense that no development would occur and the site would remain an undeveloped azea The site could be used by another developer as mitigation and incorporated into NEOSHPP lands. However, the . quality of the habitat on-site before the fire was mazgitial Traffic and Circulation The No Prolect-No Development Altemative would not generate any new vehicle trips. Air Quality The No Protect-No Development Altemative would not generate criteria pollutants that would cause an adverse impact on air quality. Noise The No Project-No Development Altemarive would not result m a new source of noise. Public Services The No Project-No Development Alternative would not generate a need for additional public services. Biolo~tcal Resources The No Project-No Development Altemative would not cause an increase m any adverse impacts i to sensrtrve plant or wildlife species. -~-L., N lv2 696/Final EIR/CEQA Findings 30 429/2004 FYndings: Based on the whole record, this Council concurs that the "No Project-No Development Alternative" results zn no significant impacts because no development would occur Therefore zt zs considered to be an environmental superior alternative However, the "No Project-No Development Alternative" would not meet the ob~ectzves of proving quality hozcring that would be compatible with existing and planned development for the area, and providing a system of publzc%ommunzty facilities, including trails, open space areas, and landscaping for project residents and surrounding area residents. b. Development Under the Existing Land Use Designation Alternative Under this alternative the project would be developed as allowed under the cun•ent City of Rancho Cucamonga General Plan and not the County of San Bernardino General Plan, because the site is within the City's Sphere of Influence and has been pre-zoned by the City. The proposed project annexation would need to occur. Currently the project site is designated for Very Low Residential. i For this analysis, it was assumed that development would occur within the same development envelope as that of the proposed project. The azea disturbed by grading would be equal to that of the proposed project. Opportunities would exist to create lazger pad and lot sizes, and increased development setbacks. Development in this manner would result in minimum lot sizes of 20,000 . squaze feet with an average lot azea of 25,000 squaze feet verses the proposed development with an average lot size of over 18,000 square feet. The site could be developed as a lot sales program with semi-custom tract homes. Equestnan uses could occur at this density and location. Under this alternative, due to the irregular shape of the property, the project would have approximately 90 lots, given ideal circumstances. However, development under the City's existing pre-zoned designation would have a similaz impact on the physical environment including similaz traffic, noise, air quality, land use, and biological resource impacts because the difference between the two projects is minimal. Traffic and Circulation The alternative is estimated to generate less daily tops at buildout m companson to the proposed project. An estimated 877 dazly traps would likely be generated by the project Thus, although considered mimmal the alternative would result m an increase over existing dazly tops. Air alit Impacts to air quality would be slightly less with 33 fewer homes. Noise Short-term construction noise would be similaz to the proposed development. However, long- term traffic noise under this alternative would be slightly less than the proposed development. ~'-L , N ~O3 696/Final EIR/CEQA Findings 31 429Y2004 Public Services The Development Under Existing Land Use Designation Altematzve would generate a need for additional sernces. However, the decrease from 123 to 90 lots, or 33 fewer homes would be negligible. Biolo¢ical Resources Adverse impacts (i.e. loss of potential habitat), would be similaz. Findings: Based on the whole record, thu Council concurs that the Development Under the Existing Land Use Designation Altematzve would be environmentally supenor because tra,~4c traps and related au' quality and noise would be less than the proposed project. However, the tevelopment Under the Existing Land Use Altematzve would not meet the ob~ecttves of the providing quality housing that would be compatible with existing and planned development for the area, and providing a system of publ:c%ommunzty facilities, including trails, open space areas, and landscaping for project residents and surrounding area residents. G. STATEMENT OF OVERRIDING CONSIDERATIONS This section of the findings addresses the requirements in CEQA Guidelines Section 15093. It requires the lead agency to balance the benefits of a proposed project against its unavoidable significant impacts and to determine whether the impacts aze acceptably overridden by the project benefits (outlined m Section E). As descnbed m Section D.3 above, the Henderson Creek Properties would produce project specific-unavoidable sigmficant inpacts m one environmental azea -air quality Cumulative unavoidable sigmficant impacts would occur m air quality and noise related to short-teen construction impacts, and vehicle traps that when combined with other related projects would increase vehicle emissions, and ambient noise levels in the victmty. Cumulative impacts would also result to Public Services (schools) Fees collected, as allowed by CEQA, may be inadequate over the long teen to fully mitigate cumulative impacts to schools Therefore it can be reasonably concluded that growth could have cumulatively considerable impacts to school sernces, and the proposed project would contnbute incrementally to this impact. The Council finds that the previously stated mayor benefits of the Henderson Creek Development as contazned in the proposed action and descnbed in Section E outweigh the unavoidable significant adverse environmental impacts noted above Each of the sepazate benefits of the Henderson Creek Development project as cited m Section E is hereby determined to be, in itself and independently of the other protect benefits, a basis for ovemding all unavoidable environmental impacts identified m the EIR and m these findings The Council's findzngs set forth m the preceding sections have identified all of the adverse environmental impacts and the feasible mitigation measures which can reduce impacts to msigmficant levels where feasible, or to the lowest feasible achievable levels where sigmficant impacts remain. The findzngs have also analyzed alternatives to the project (Section F) to ~-L~ N ~ 696/Final EIR/CEQA Flndmgs 32 4/29/2004 detelmme whether they aze reasonable or feasible alternatives to the proposed action or whether they might reduce or eliminate the significant Impact (air quality) of the proposed action. The EIR presents evidence that Implementing the Henderson Creek Development project will cause one significant adverse impact which cazinot be substantially mitigated to a less than significant level. This significant impact has been outlined above and the Council finds that all feasible alternatives and mitigation measures have been adopted or identified for implementation by the City or other responstble agencies. The Council finds that the project's benefits aze substantial and ovemde the following unavoidable impacts of the project a. The Henderson Creek Development project would have a significant adverse impact on air quality because constmction emissions will remain higher than pelrnttted by the SCAQIvID thresholds of significance Impacts to Air Quality would be short-term and would cease once construction activities were completed. Unavoidable Cumulative Impacts a. Constmchon of development projects in the vicinity would likely have cumulative short- tenn impacts to air quality dunng construction. The proposed project would also add incremental pollutants to the South Coast Air Basin in the form of additional vehicle emissions This is a significant cumulative impact to regional air quality. b. Noise levels associated with the proposed project are related to short-term construction impacts, and vehicle traps that when combined with other related projects would increase the ambient noise levels in the vicinity. Short-term construction impacts are mitigated by limiting the times construction activities can occur on-site, and would cease after the construction schedule Is completed. It is expected that any cumulative construction noise impacts can be mitigated at a prolect level. Long-term noise is associated with new vehicle trips. Because these aze residential traps and there aze no land uses proposed in the vicinity other than residential, local Horse would remazn less than significant However, as residents combine with all other new residents increasing traffic levels on the roadways, cumulative noise impacts would increase. Over time, area roadways aze expected to experience significant noise impacts due to ctty-wide growth m general. Area roadways are expected to expenence significant cumulative noise impacts due to regional growth (+6 dB), therefore, growth will have cumulatively considerable impact on Horse c. The proposed protect is within the Etiwanda Unified School Distract and Chaffey High School Distract CEQA allows the payment of developer fees as an adequate tningatton for individual project impacts to schools However, these fees maybe Inadequate over the long term to fully mitigate cumulative Impacts to schools, since no long-term funding mechanisms have been successfully established. Based on thus information, rt can be ~-L, N SOS 696/Final EfR/CEQA Findings 33 429/2004 reasonably concluded that growth could have cumulatively considerable unpacts on schools, and the proposed project will contnbute incrementally to this impact. As the CEQA lead agency for the proposed action, the City of Rancho Cucamonga Council has reviewed the project descnption in the EIR and Section A of this document and fully understands the Henderson Creek Development project. Further, the Council finds that all potential adverse enviromnental impacts and all feasible mitigation measures to reduce these impacts have been identified m the Draft EIIt, and the Final EIR (the EIR) and public testimony. These impacts and mttigation measures aze discussed in Section D. The Council also finds that a reasonable range of alternatives was considered in the EIIt and this document (Section F) and that no feasible alternatives that substantially lessen project impacts aze avazlable for adoption. The Council has identified benefits and objectives (Section E), which will result from implementing the proposed project. The Council has balanced these benefits against the unavoidable significant adverse effects of the proposed project. Implementation of the Henderson Creek Development project would benefit the community by offering quality housing that would be compatible with existing and planned development in the area. It would also ,,, provide a system of public/co>YUnumty facilities, including trails, open space azeas, and landscaping for project residents and surrounding azea residents. The Council finds that the benefits identified herein ovemde the unavoidable envu•onmental effects. _-~ , N (dp 696/Final EIR/CEQA Flndmgs 3q 4/292004 H. Definition of Abbreviations and Acronyms AAQS Ambient azr quality standards ADA Average dazly attendance AD'I' Average daily traffic AQMD Air Quality Management Distnct AQMP Air Quality Management Program BACT Best avazlable control technology BMP Best Management Practices CAA Clean Air Act CAAA Clean Air Act Amendments CAAQS Cahforma Ambient Air Quality Standards CARE Cahforma Air Resources Board CCR Cahforma Code of Regulations CDFG Cahforma Department of Fish and Game CESA Cahforma Endangered Species Act CEQA Cal~fomma Environmental Quality Act CFR Code of Federal Regulations CNEL Community noise equivalent level CLAPS Cahfomia Native Plant Society CO Carbon monoxide COZ Cazbon dioxide dg Decibel • dBA A-weighted decibel scale EIR Environmental Impact Report ESA Endangered Species Act EPA Environmental Protection Agency F Fahrenheit FESA Federal Endangered Species Act GPM Gallons per minute gZS Hydrogen Sulfide HCM Highway Capacity Manual ITE Institute of Transportation Engineers I,~ Egwvalent noise levels L,,,,i Maximum sound level L,~n Mimmum sound level LOS Level of service MCE Maxunum Credible Earthquake MMp Mitigation Momtoring Program 1VIpE Maximum probable [earthquake] event mph Miles per hour MSL Mean sea level Mw Moment Magmtude NAAQS National ambient azr quality standards • NDDB Natural Diversity Data Base (Cahforma Department of Fish and Game) NOz Nitrogen dioxide NOA Notice ofAvazlab~lity z-~, N ~~ 696/Final EIR/CEQA Findings 35 4292004 NOC Notice of Completion NOI Notice of Intent NOP Nottce of Preparation NOi Nitrogen oxides ' NPDES National Pollutant Discharge Elimination System 03 Ozone Pb mad PCE Passenger car equivalent-generally one truck being equal to approximately 1.5 to 2 cars ' pM23 Fine particulate matter (2.5 microns or less) pMio 10-micron or less particulate matter PP~- Parts per million ppm~ Parts per million by volume ROG Reactive organic gases RWQCB ahty Control Boazd Regional Water SANBAG ~ San Bernardino sociated Governments SCAB South Coast Air~Basin "' SCAG Southern California Association of Governments SCAQMD South Coast Airy Quality Management District SCE Southern California Edison Company SOZ Sulfur dioxide SRA State Responsibility Area SWppp Stormwater Pollution Prevention Program SWRCB State Water Resqurces Control Boazd USFWS United States Fish and Wildlife Service V/C Volume to capacity VOC Volatile organic compound VpgG Vehicles per hour of green WDR Waste dischazge requirements ~-~, N (~6 696/Final EIR/CEQA Findings 36 4/298004 • 10.0 PUBLIC COMMENTS AND LEAD AGENCY RESPONSES The public comment period for the Draft EIR began February 20, 2004 and ended, Apri15, 2004. A total of six comment letters were received. These are fisted m Table 10-1 and aze identified by a number Individual comments wrthm each letter aze identified with a umque numenc indicator. For example, the comment letter from County of San Bernazdmo Department of Public Works submitted a letter contauung four comments. The letter has been identified as Letter 2 with comments 2-1 through 2-4. Table 10-1 rnmmenr i.etters Received on the Draft Environmental Impact Report Letter Name Date 1 Southern Cahfonua Assoc~ahon of Govenunents March 4, 2004 2 Coun of San Bernazdmo D artment of Public Works A ri17, 2004 3 Mr. Lee Blattner March 25, 2004 4 Mr. Crai Sherman March 3Q 2004 5 Mr. Craz Sherman A ri14, 2004 6 Ms. Leeona Ch stein, int of the Sa a Council A n13, 2004 • -~1 ~ ~ 1 Letter 1 • Southern California Association of Governments, March 4, 2004 This letter states that SCAG staff has reviewed the EIR for the proposed Henderson Creek tentative tract map and has determined that the project is not regionally sigmficant per SCAG Intergovernmental Review Cnteria and CEQA Gmdelines (section 15206). SCAG has no comments. u LJ _-~ , N ~0 2 • Letter 2 San Bernardino County Flood Control District, Auri17.2004 Comment 2-1 This comments states that the site is located to Zone D on the most recent FEMA Flood Insurance Rate Map. Response: Page 4.6-2, first paragraph under Applicable Policies, Plans and Regulations has been revised as follows: Federal Emer¢encv Management AQencv The project site Is currently located within a "~~a~--~~° ~'-°w floodnlain identified as Zone D. flood hazards aze undetermined. accordine to the most recent Federal Emereencv Management _Aeencv (FEMAI Flood Insurance Rate Man (Mazch 18 19961 The Cotinty of San Bernazdtno Flood Control Dtstnct Is responsible for the maintenance of the Henderson Creek Channel. The Henderson Creek Channel and improvements to the levee have been designed to capture all flows entering the creek and conveying the flows and then of'fsrte These Improvements must occur pnor to development of the Henderson Creek property. Upon completion of the levee Improvements, the levee well protect the property from these flows and potential flooding. FEMA well require the applicant to process a Conditional Letter of Map Revision (CLOMR) based on the proposed improvements to the levee and a Letter of Map Revlston (COMA) following completion of the improvements Both actions must occur pnor to Implementation of the Henderson Creek project. The Cttv of Rancho Cucamonga has adopted FEMA regulattons and will enforce the most current FEMA regulations for development within a floodnlain applicable to the Henderson Creek nrolect In addition, the second pazagraph under Impact Analysis on page 4.9-4 has been revtsed as follows: The County of San Bemazdino Flood Control Drstnct Is responsible for the maintenance of the Henderson Creek Channel, which traverses the project site. The Henderson Creek Channel and Improvements to the levee have been designed to capture all flow entenng the creek and them oflsite. These Improvements aze scheduled to occur pnor to development of the Henderson Creek property Upon completion of the levee Improvements, the levee will protect the property from these flows and potential flooding The project site is cuurently located within a floodnlain identified as Zone D flood hazazds are undetermined accordine to the most recent FEMA Flood Lnsurance Rate Man (March 18. 19961. The urolect will be required to process a Conditional Letter of Map Revision (CLOMR) based on the proposed improvements to the levee and a Letter of • Map Revision (CONK) following completion of the improvements. Both actions well be processed through FEMA z ~ , N '~( 3 Completion of levee improvements and approval of the Letter of Map Revision would remove the project site from the 100-year flood zone Therefore, this impact would be less than sigmficant and no m~tigaUon is required. Comment 2-2: The project site may be subject to infrequent flood hazazds m the event of a mayor storm event and breakout flows from Henderson Creek ChanneUEhwanda Creek Channel until recommended improvement to the Channel aze made. Response: As discussed on page 4.9-4 of the Draft EIR under Impact Analysis, recommended unprovements to the Henderson Creek ChanneUEhwanda Creek Channel will be completed pnor to development of the Henderson Creek property. Comment 2-3: es that the City will establish adequate provisions for The County as s intercepting and nducting accumulated drainage azound and through the site so as not to affectldownstream properties. Response: The project will Abe required to accommodate storm waters that could affect adjacent or downstream properties or projects. As discussed on page 4 9-4 of the Draft E1R• "The majonty of the drainage from the annexation azea will be collected onto on-site underground storm drains and then conveyed into a 66-inch storm drain along San Segundo Dnve. All streets will be designed to • accommodate storm waters that could exceed the top of curbs in the event of a 25-yeaz storm as well as the nght-of--way fora 100-yeaz storm. All necessary facilities will be localized in nature and wrll be inspected and maintained by the City of Rancho Cucamonga Public Works Department." Comment 2-4: The City must enforce the most recent FEMA regulations. Response Please see response to Comment 2-1 above. Comment 2-5: The County md~cates that a permit would be regmred for encroachment onto Flood Control District right-of--way. Response: The project site is adjacent to ]ands under the ownership of the San Bemazdino County Flood Control Distnct (SBCFCD). It is not the developer's intent to encroach onto SBCFCD properties. r 1 LJ z-~, N ~-Z 4 Letter 3 Mr. Lee Blattner, Local Resident, March 25, 2004 Comment 3-1: Tlus comment states that appropriate improvements must be made to Wazdman- Bullock Road to ensure adequate access to existing and proposed neighborhoods, including emergency access. Response: A Traffic Impact Analysis was pFepazed for the pm~ect and summanzed in the Draft EIR in Section 4 2 and included m its entirety as Appendix B. The developer will be required to construct Wazdman-Bullock Road along the project frontage at its ultunate half-section width as a Collector roadway and to complete the westerly portion of Wazdman-Bullock Road from the south project boundary to Wilson Avenue (see Mitigation Measure TC-3, page 4.2-29). Future improvem~rits to these roadways will occur when adjacent, currently undeveloped properties aze developed. ,,, The proposed Hiderson Creek project is estimated to generate a total of 1,206 trap-ends per days with an additional 90-95 vehicular traps during morning peak hours (7:00 to 9:00 am) and an additional 121-127 vehiculaz traps in the afternoon peak hours (4 00 to 6.00 pm). The intersections that would be impacted by the project aze: • East Avenug at Banyan Street • Wazdman-Bullock Road at Wilson Avenue • Cherry Avenue at Summit Avenue • Etiwanda Avenue at Banyan Street As discussed on page 4.2-28 of the Draft EIR, the project's fazr share contribution has been calculated based on the project's traffic volumes at two of the intersections that will operate at deficient sernce levels with the project in the yeaz 2004 (project opening day) The project's contribution to unprovements ranges from 11.5 percent to 73 9 percent. The associated cost of the improvements has been mulhphed by these percentages to determine the prolect's contribution The total fair shaze cost is estirriated to be $25,676. This means that the developer of the Henderson Creek project will be required to deposit funds with the City that will go towazd future unprovements at two intersections The improvements will be a stop sign to control easUwestbound traffic at Wilson Avenue and Wazdman-Bullock Road and a traffic signal at Etiwanda Avenue and Banyan Street These improvements and the developer's fair share will alleviate the impacts associated with the projected 1,206 new traps per day • ~~,r~~3 5 There are no means of providing sufficient and well-pos~t~oned pazking/stagmg . azeas, m any new or exisring developments, for emergency response vehicles dunng unpredictable times of mayor disasters. Comment 3-2: Tlus comment states that traffic is particularly slow during hours before the three local schools begin the day, and at the end of the school day, and suggests that the project should be postponed until Wilson Avenue can be extended to the west Response Future roadway system improvements, including the extension of Wilson Avenue, will occur when adjacent development projects aze approved and under construction. • u ~-L, N ~I 6 Letter 4 Mr Craia A. Sherman, Attorney at Law, March 30, 2004 Comment 4-1. This comment is a request for a copy of the draft development agreement for the project. Response: A copy of the proposed development agreement is included in the Final EIR as Appendix F. I i Letter 5 Mr Craie A. Sherman, Attorney at Law Letter, Aori14, 2004 Comment 5-1 • Tkus comment indicates that the party represented by this counsel opposes the project and requests that the City adopt the No Project Alternative. Response: The Planning Commission and City Council will review the proposed project including the environmental impact report and its findings, hold heanngs and take public testimony, and weigh all of the evidence, including written public comments received on the Draft EIR and lead agency responses, prior to taking any action on the protect. Comment 5-2: This comment states that the list of cumulative protects identified in Table 5-1 is outdated. Response. The cumulative projects list for the proposed project was based on the list used m the prepazation of the Draft EIR for the Tracy Development project, a single- family residential project located on 169 acres approxunately %z nnile west of the proposed project site. The City updated the list to reflect any additional proposed projects that may have come forward between the lime the Notice of Prepazahon was released for the Tracy Development Project (August 11, 2003) and the tune the Notice of Preparation for the Henderson Creek project was released (November 10, 2003). The list was updated in October 2003 dunng the time the NOP was being prepazed for the proposed protect Therefore, the cumulative protect list was up to date and timely in rts identification of related projects to be evaluated m the Draft E1R. Comment 5-3• Tlus comment states that rt is not possible to deternune or analyze the potential cumulative impacts to land use and planning without knowing the number of protects fisted m Table 5-1 that "required or obtained or aze applying for" general plan or specific plan amendments. Response: The last pazagraph on page 5-3 discusses land use and planning issues related to cumulative projects. A good portion of the protect vicimty is currently undeveloped land, and development is lazgely single-family residential neighborhoods, with some multifamily development and commercial uses along mayor streets and the I-15 comdor The issues raised in the Draft EIR concerning land use and planning and the proposed project aze generally those of density and compatibility wrath existing land uses. Both the cities of Rancho Cucamonga and Fontana have planned their spheres of influence and have prezoned their respective azeas to develop a mix of land uses with low-density residential uses, as well as commercial uses along the mazn thoroughfazes (Summit Avenue near the I-15 freeway for example) Because the cumulative protects listed in Table 5-1 represent new developments on undeveloped land, the cumulative projects analysis was based on the change Z-~. ~ I y 8 m environmental conditions between baseline conditions (raw land) and the development of the proposed protects rather than the environmental change between two land use designafions (i.e , Very Low vs. Low Density Residential). This represents aworst-case scenario Comment 5-4: This comment asks what the cumulative effects of the City's general and specific plan amendments aze related to this protect and the standazds, densities and open space goals as adopted in the 1991 general plan and any applicable specific plan. Response• The City of Rancho Cucamonga updated its general plan in 2001 and no longer utilizes the 1991 general plan. The Ehwanda North Specific Plan is still in force however Cumulative effects of incremental development m the Ctty, whether requiring a general plan or specific plan amendment or not, are discussed in the Draft EIR in Chapter 5 0. Table 5-1 shows that development of all cumulative projects would result in the development of approximately 2,400 acres and 4,113 residential orals, predominantly single family homes, and an increase in population of 13,359. Effects aze considered to be less than significant because land uses are designed to be compatible and consistent with the goals of the City's general plan to protect single-family neighborhoods from development densities and intensifies that would dimuush the quality of life. Also see response to comment 5-3 above. Comment 5-5: Tkus comment states that cumulative inpacts/effects analysis regarding open space and/or biological resources is deficient. Response: Cumulative impacts to biological resources and open space are addressed on page 5-6 of the Draft EIR. The analysis acknowledges that continued development in the foothill area will further impact local flora and fauna, maznly through the loss of ltiversidian alluvial fan sage scmb (RAFSS) Wildlife will have fewer resource areas to use, although most of these aze already surrounded by development. Increased traffic will also result in increased mortality of wildlife (road kills). Protect applicants aze required to consult with the resource agencies to detemune adequate mitigation for the loss of wildlife habitat The applicant for the Henderson Creek project, like other developers in the azea must purchase off-site or otherwise set aside on-site, mitigation lands to replace habitat lost by development, contnbuhng or purchasing land that is m or can be included in the North Ehwanda Open Space and Habitat Preservation Program (NEOSHPP) area which would mitigate potential cumulative impacts. The NEOSHPP was established by the County of San Bernardino as a conservation area to set aside 12AFSS. The amount of mitigation land to be purchased is negotiated with the s-l-, N ~- 9 agencies. Once this has been completed and rmtigation lands are purchased, the impact has been mitigated. Comment 5-6: This comment requests identification of the number of acres and locations where each project fisted in Table 5-1 have rmtigated the loss of natural open space and biological resources. Response: The number of acres and locations where development protects have purchased mitigation land is ultimately between each developer and the resource agencies and is established during consultation between the two Where the lands will be preserved and managed, and how many acres of mitigation land would compensate for the loss, is established on a case-by-case basis depending on the quality of habitat lost to each development proposal. As of December 2003, 2,559 acres of land in the NEOSHPP have been purchased and set aside with an additional 429 acres in negotiation including the 58 acres proposed by the applicant. This uicludes all development projects where the consultation has been completed, but does not likely include all of the projects listed in Table 5- l,because many of these may still be in consultation. Comment 5-7: I This comment states, "...to the extent that sigmficant effects aze occumng on a cumulative basis, rt is this project and its EIR to depict the same and attempt to mitigate". H Response: owever, we can assume This comment appears to be an incomplete thought that what is meant is that the project is responsible for mitigating unpacts to biological resources lost to development of the protect site Please see response to comment 5-5 above. Comment 5-8: T}us comment asks that the long-term supply of water during drought years for tlus and cumulative projects be identified. Response: The long-term supply of water for the region is identified m the Cucamonga County Water District (CCWD) Master Plan. LARRY WE WILL NEED TO WATT FOR CHERYL TO GET BACK FROM VACATION ON 4/26 TO RESPOND TO THIS. Comment 5-9: Tlus comment asks how this project and other cumulative projects adversely affect groundwater discharge (rechazge~) and the aquifer (agmfers) located at and downstream of the project site. Response: Storm flows (surface water) that presently cross the project site dram to Henderson Creek and eventually contribute to groundwater rechazge The proposed development will change the flow of surface water but not reduce the amount of water Channeled to Henderson Creek and available for groundwater recharge. The 49 cubic feet per second (cfs) of storm flows amving at the ~-~, N ~ to . northwest comer of the protect site will be picked up and carved to a Channel and dlschazged to Henderson Creek. The storm flow of 141 cfs arriving at the northeast comer of the property wall be collected m a second Channel and conveyed to Henderson Creek Storm water that es generated on-site will be collected m an on-site storm dram system and tamed to an existing 66-inch storm dram at the comer of Wazdman Bullock Road and San Segundo Road. This existing drainage system empties into the Henderson Channel at the east end of Segundo Road (see EIIt page 4 6-9). Any potential Impacts to groundwater quality m the underlying and downstream agmfers will be controlled through the Issuance and admemstrateon of a National Pollution Dischazge Elimination System (NPDES) permit to be Issued for the project by the Regional Water Quality Control Boazd (see EIR page 4.6-9). Other project proposed for development m the azea aze also subject to the design of drainage facilities to handle on and off-site storm flows while avoiding ,,, impacts to downstream water supplies. These projects aze also subject to the requirements of as NPDES pelmet. I The water supply to meet the needs of the proposed project as well as other projects m the azea may include rmported State Project Water and/or local • groundwater aquefers. The water supplier for the project and the Cety of Rancho Cucamonga es the Cucamonga County (now "Valley's Water District. The Destnct has mdecated it has sufficient suppltes to provide water to the project as well as other planned projects wethm their junsdiction (see EIR, Appendix H). Comment 5-10: This comment asks for details of the proposed development agreement between the City and the applicant identified m the last paragraph on page 3-5 of the Draft EIIt. Response: A draft development agreement between the City and the applicant es included In Appendix F of the Final EIR. Approval of the Henderson Creek Residential Protect Tentative Tract Map will requere the following actions by the Cety Council: Certification of the EIR Adoption of Fmdmgs and Statements of Ovemdmg Consederations Approval of a General Plan Amendment Approval of an Etiwanda North Specific Plan Amendment Approval of a Development Agreement Approval of the Tentative Tract Map The project well also requere the approval of an annexation by the San Bernardino Local Agency Formation Commission ~. L, N ~ 11 The Draft Development Ageement states that the protect shall be developed in accordance with the City's Low-Density Residential Distnct of the Etiwanda North Specific Plan (Provision 2 C.7 ). The Development Ageement further states (Provision 2 F) that other than the mitigation measures and conditions of approval set forth in the EIR and Project Entitlements (and any additional future mitigation programs contemplated therein), no other rmtigation measures for environmental impacts created by the Project, as presently auproved and as evaluated m the EIR, shall be requued The Development Ageement therefore provides that the protect be consistent with the analysis provided in the EIIt The City Council will consider the Development Ageement after rt adopts the Final EIR Comment 5-11: This comment asks what the cumulative effects of enacting development agreements for the projects fisted in Table 5-1. Response: Cumulative effects of the proposed projects listed m Table 5-1 aze evaluated in Chapter 5.0 of the Draft EIR. The results of the cumulative projects are the development of approximately 2,400 acres with 4,113 units, and an additional 13,359 people The fact that one or more of these projects includes a development ageement does not change the findings of the cumulative unpacts analysis. Comment 5-12: This comments asks how the terms of the development ageement differ from existing City's adopted codes and ordinances. Response: See response to comment 5-10 above. In addition, the draft development ageement is included m the Final EIIt in Appendix F Comment 5 13 This comment asks for a discussion of the "backbone public infrastructure" that would serve other future development protects. Does this create "gowth inducing impacts" and ~f so, what potential impacts. Response For the proposed protect, "backbone public infrastructure" would consist of improvements to Wazdman-Bullock Road, and extendtng infrastructure such as water and sewer lines into the azea. Growth inducing unpacts are addressed m Section 7.2 beginmng on page 7-1 and includes the following discussion "The proposed Henderson Creek Propemes residential protect is one of several residential protects being proposed, under construction, or recently developed in the upper portions of the cities of Upland, Rancho Cucamonga and Fontana, in the West Valley Foothill area of San Bemazdino County. Rapid population gowth in the southern Cahforma region is anticipated to continue for at least the next 20 years. Pressure to provide housing for additional residents is Beat, and new housing . protects in this area, such as the Henderson Creek protect, aze being rapidly y- L t I~ DV 12 • developed. To the extent that this protect and other related projects in the immediate vtcimty aze being developed to meet this need, they are considered growth Inducing by encouraging residents to move to the area. Pressure will likely continue to be applied to provide additional housing opportumties in the area until development reaches the National Forest boundary, or the NEOSHPP boundary " Comment 5-14: This comment asks how the protect complies with the City's affordable housing program, and low- or moderate-housing income housing opporhintties, and asks for data concerning developments approved m the last five years and what percentage of housing types and income levels have been made available. Response: The City of Rancho Cucamonga Is responsible for ensuring that a variety of housing stock is available for residents, Including affordable housing. The General Plan Includes a Housing Element that must be updated every five years, using a variety of tools and data, including the Southern California Association of Government's (SCAG) Regional Housing Needs Assessment. The Housing Element identifies the number and types of housing units that are currently avalable m the CIty, and provides projections for the types and number of units that well be required to meet the needs of the projected population over that five-year penod. To understand where In the City vanous types of housing (multi-family, single-family -medium density, or single family low or very low • density) occur, the City's General Plan Land Use Map and corresponding Zoning Map should be referred to. Comment 5-15: This comment includes a number of questions that concern annexation and cumulative Impacts associated with the annexation of several pazcels m the azea. Response. As discussed on page 3-1 of the Project Descliphon, The Ctty is in the process of submimng four separate annexations to the San Bemazdino County Local Agency Formation Commission (LAFCO), including: 1) Henderson Creek Properties (proposed project) to include an annexation of 100.4 acres; 2) Tracy Development Project to include an annexation of 240 acres; 3) Richland Development to include an annexation of approximately 160 acres; and 4) a City Imhated annexation to include a total of approximately 300 acres, for a total of approximately 800 acres. Direct and cumulative Impacts of annexation of County lands would generally be associated with development of residential and commercial uses. In other words, creating new suburban development in an otherwise undeveloped landscape The result Is typical or this sort of growth, t.e., increased traffic, the need for public infrastructure (water, sewer, etc.), provision of additional public services and resultant Impacts on those public services, and loss of open space and wildlife habitat u S-~, N ~` 13 Low and moderate income housing m the City of Rancho Cucamonga is located in vanous locations azound the City but particulazly m the flatter azeas of the City to allow increased densities in order to create multi-farmly dwelling amts, smaller, more affordable single-fazmly homes, and townhomes. Some of these azeas represent ex~shng neighborhoods that predate incorporation of the City of Rancho Cucamonga, and have existing infrastructure in place that can be extended to supply new projects Areas annexed into the City over'the past ten years lazgely consists of azeas m the north, northeast and northwest portions of the City in areas where infrastructure was not readily available and had to be extended greater distances, or where development costs aze higher. These areas also created opportumties for the City to maintain more rural neighborhoods by creating subdivisions with Marge lots, including equestrian lots. band annexed to the City and developed with housing cannot also be set aside as natural open space. Once a site is developed, the vacant land is no longer ~~ open space However, it may be the intent of this question to identify how many residential projects were required to purchase rmhgahon land to be set aside for open space as a r~sult of development. If so, please see response to comment 5- 6 above. Comment 5-16: Tins comment asks the purpose of annexing the tet- acres north of the protect . site, why is it not part of the proposed subdivision, and what the potential future uses and zoning of the ten-acre azea. It also asks that any direct or indirect impacts being caused to this ten-acre azea be identified. Finally, the comment asks if the proposed fuel modification plan will affect this ten-acre azea. Response: The ten-acre site being annexed in conlunctron with the proposed project is a flood control easemenUutilrty comdor. As discussed on page 3-9 of the Protect Description, the site is currently used for utility easement and flood control purposes and ~s not a part of the tentative tract map, and no development is proposed. The 10-acre site ~s being annexed in order to prevent the creation of a County island, sun•ounded by the City of Rancho Cucamonga. The fuel modification plan vnll not affect this ten-acre azea, the plan rs specific to the development protect. Comment 5-17. This comment razses a number of questions concerning mineral resources, asks if the project site is identified by the city, county or state as possessing mineral or agegate resources and what other areas of the crty, county or region contain mineral resources available for extraction Response• As identified m the November 3, 2004 Initial Study prepazed for the project and included m the Draft EIR as Appendix A, the site is not designated as a State Aggregate Resources Area according to the City of Rancho Cucamonga General • Plan. z-~,N ~2, 14 The State of Cahfomia Division of Mmes and Geology Mapping of Regionally Significant Construction Aggregate Resource Areas shows the project site overlying the area zoned as MRZ-3 These areas contain mineral deposits the sigmficance of which cannot be evaluated from available data and therefore are - not classified by the State as having regional sigmficance for construcfion aggregate Because there is no potential for the proposed project to impact designated mineral resources, the issue was not evaluated in the Draft EIR. Likewise, since the project site and vicinity are not classified by the State, no rmtigation is regwred. Public Resources Code Sections 2762 and 2763 pertain to the State's Surface Mining and Reclamatron Act (SMARA) Section 2762 pertains to a lead agency designating an azea of statewide or regional significance, within 12 months of the State assigning such a des~gnatron to the area. Section 2763 requires that if a proposed project would threaten the potential for extraction of minerals, the lead agency must prepare a statement specifying its reasons for permitting the proposed use, in accordance with the reginrements set forth in Sectron 2762. Since the site ~s not classified as a hanng regional sigmficance for construction aggregate, these sections of SMARA do not apply. Comment 5-18: This comment razses a number of questions about the proposed Fuel • Modification Program for the project. Response: The Fuel Modification Plan, included rn the Draft E1R in Appendix G, represents asite-specific design for protection of future structures on the site and would be limited to that portion of the site being developed (65.3 acres). No fuel modification outside the boundary of the project site would be done as a result of the proposed project. What existing vegetation remazns on the site after the October 2003 fire would be removed dunng grading. The Henderson Creek Channel and the flood controUutrhty easement on the northerly 10 acres would not be affected by the fuel modification plan. The proposed project rs a residential subdivision that would establish 125 lots with 123 buildable lots and two lettered lots. Fuel modification zones would be established on individual lots in backyazds sepazated at the property boundanes by a block wall. In addition, the project includes a 15-foot vnde equestnan trail to be located adjacent to the northerly pazcels (see Figure 3-4 on page 3-10 of the Draft EIR for the location of the trazl) This 15-foot wide trail would be mazntained and kept cleaz of brush. A plant palette for backyazd landscaping using firewise vegetation has not been established yet but would typically include those types of plants referred to m the Fuel Modification Plan (flock succulent or leathery species). i ~ ~, N ~3 15 Comment 5-19 This comment asks for clarification on the number of acres being annexed and the number of acres being developed. Response: The entire project site is approximately 100 acres. Ten acres aze designated as Flood ControWtihty Comdor and would not be developed. An additional 25 1 acres aze in Flood Control easement associated with Henderson Creek and would not be developed. This leaves approximately 65.3 acres for residential development For the purposes of annexation, the project site is 100.4 acres. For the purposes of residential development and related entitlements, 65.3 acres would be developed. Comment 5-20: This comment suggests that the City and County aze partners in the development of the flood control lands that traverse the site and that this should be clanfied. Response: It is not the Crty~s intent to obtain Flood Control lands for the purpose of development or any other reason This issue is part of the Tracy Development project site located approxunately %Z mile west of the site. The City is not purchasing or otherwise negotiating with the County to develop Flood Control lands The Flood Control and Utility Comdor designated lands within the boundanes of the 100 4-acre project site would be located within the City of Rancho Cucamonga but would not be controlled by the City. The San • Bernardino County Flood Control Distnct would continue to maintain its facilities through the project site. The additional land is included in the annexation application because without annexation, the Flood Control land would be a County island within the City's corporate boundanes. Comment 5-21: This comment requests clanfication on the number of lots and number of acres to be developed. Response: The text contained in Chapter 3.0, Project Descnption, is consistent in its depiction of the pm~ect site and the vanous components and accompanying acreages. The last pazagraph on page 3-5 reads as follows "Henderson Creek Properties is proposing the subdivision of 65.3 acres of the 90.4-acre site into 125 lots to include 123 residential lots and two open space lots (the remainrng 25.1 acres of the 90.4-acre site will be used for flood control improvements along Henderson Creek and will have a General Plan designation of Flood Control, Utility Comdor, and Open Space). The proposed project consists of a General Plan Amendment, Specific Plan Amendment, Annexation, Development Agreement, and Tentative Tract Map fora 125-lot residential subdivision (123 residential lots and two open space lots) located at the northerly end of Wazdman-Bullock Road at the intersection with Colonbero Road in an unincorporated azea of San . Bernazdino County in the Sphere of Influence of the City of Rancho Cucamonga. s-~,N~ 16 0 • d/ i or ze an The two open-space lots would be unbuildable due to then s configuration and will be maintazned by the homeowners association. Comment 5-22 This comment asks why the proposed project is not being processed through the County instead of annexing into the City. Response: The project site and surrounding, azea aze within the Sphere of Influence of the City of Rancho Cucamonga and have been prezoned for residential use. When an area is prezoned it is assumed that annexation would occur in con~unchon with other entitlements for development. In addition, the project site is adjacent on the east and south to the City of Rancho Cucamonga, and would be served by extending existing infrastructure now serving neighborhoods in the City. Therefore this annexation is a logical progression of annexation and development I Comment 5-23 This comment asks how many rimes the City's General Plan has been amended because proposed developments have been inconsistent. R I roject is proposed on a site where the land use designation does not When a esponse p match the proposed land use, a general plan amendment is required. Likewise, when the protect site is located in an area that is also governed by a specific plan such as the Etiwanda North Specific Plan, that plan would also have to be amended to accommodate the proposed project. Thus situation occurs penodically and amendments can be accommodated by both plans wlich aze dynamic documents designed to be flexible and remain relevant. When either plan becomes less flexible, or the needs of the City and/or its citizens change, plans aze updated or new plans aze adopted to replace outdated plans. For example, the City adopted a new General Plan in October 2001 to reflect the changes in the physical, social and economic landscape of the City in order to remain relevant as the planning document to continue to guide growth and development. Therefore, the number of times a plan has been amended is not relevant. Comment 5-24: Tlvs comment asks for clanfication of the relationship between the proposed project and the Flood Control easement and asks why the City is encouraging residential development m a flood hazazd azea. Response As discussed in Response to Comment 5-20, it is not the City's intent to obtain Flood Control lands for the purpose of development or any other reason. The City is not purchasing or otherwise negotiating with the County to develop Flood Control lands, and is not attaching a residential project to Flood Control lands, or redesignahng Flood Control lands for residential use . The Flood Control and Utility Comdor designated lands within the boundanes of the 100.4-acre project site would be located within the City of Rancho _'- ~, N g5 17 Cucamonga but would not be controlled by the City The San Bernazdmo County Flood Control Distnct would continue to maintain its facilities through the prolect site Lilcewise, SCE would continue to maintain its powerline easement. With regazd to other hazazd issues identified m this comment, flooding, wildfire and earthquake, the project regmres a Conditional Letter of Map Revision to revise the FEMA flood maps to remove the project site from the flood zone. This is being done because improvements to the Henderson Creek Channel have been completed. Once this has occurred, the residential development would not be in a flood zone Wildfire issues were addressed in the Draft EIR in Section 4.7 and can be nutigated through the adoption of the Fuel Modification Plan. Finally, with regard to earthquake hazards, these aze addressed in Section 4.5 of the Draft EIIt The project site, as the rest of southern California is located in an area known to produce earthquakes and all residents are subject to smviaz hazazds if they choose to live in the region. Proper site grading and preparation, and adherence to the Uniform Bwlding Code for structures adequately addresses impacts associated with seismic events. Comment 5-25: This comment asks why the City would amend the Generai Plan and Specific Plan to encourage residential development in an area that resource agencies want to see conserved. Response: The proposed general plan and ENSP amendments do not change the designated land use from Open Space to Residential but merely from one residential designation to another. The result is a smulaz number of lots but slightly smaller lot sizes. With regazd to the issue of conservation lands, the project site's relationship to the NEOSHPP ~s discussed in Section 4.10 beginning on page 4.10-16. Maps A- 5 through A-9 of the NEOSHPP have been reproduced and aze included at the end of Appendix I. These show the located of the project site in relation to the NEOSHPP azea. As indicated, the project srte is not shown as possible future open space preservation (Map A-5). The site is shown as containing RAFSS (Map A-6) and contatmng two species of concern (Map A-7), but is not considered to be a biologically sensitive site (Map A-8). The srte is also constrained by the Henderson Creek Flood Control Channel (Map A-9). Therefore project development on this site would not be significant once rmtigation land of higher quality is purchased. Comment 5-26: This comment asks that information related to EPA approval and that any correspondence between the City and EPA be included in the Final EIR. Response: The Draft EIR includes technical appendices that contain the vanous stuches and reports used to prepaze the document. Other correspondence between agencies, background matenal, and other data and/or documents used m the preparation ~~,N~b 18 of the Draft EIR aze on file and available for review at the CIty of Rancho Cucamonga Planning Counter. No correspondence with EPA Is included in the Draft EIR or Appendices because no approvals from EPA aze required. Comment 5-27: This comment suggests that the proposed development agreement has been excluded from the Draft EIIt. Response: The proposed development agreement was Identified as being one of a number of entitlements the applicant has requested, and is referred to m the Notice of Completion at the front of the Draft EIR and on page 3-5 of Chapter 3.0, Project Descnption. The agreement is the result of on-going discussions between the City and the applicant and has been drafted m a form to be forwazded to the CIty Council for approval A copy of the agreement is included m the Final EIR m Appendix F and Is attached for the reader's convenience. Comment 5-28• This comment asks for clarification on the tentative tract map and whether the proposed map Is consistent with the Tentative Tract Maps Act. Response The proposed project Includes a tentative tract map referred to m the Notice of Completion at the front of the Draft EIR as "Tentative Tract Map SUBTT16324 The tract map identifier of "SUB" is no longer used by the CIty and more recent tract maps Include the identifier of TT only. Regazdless of what identifier is used, the tract map number Is unique to each piro~ect site and remains with the tract and is recorded with the final map, consistent with the Subdivision Map Act. Comment 5-29: This comment Identifies a number of issues that have not been addressed in the Draft EIR. Response: The Issues Identified in this comment were evaluated in the Initial Study prepazed for the project and included In Appendix A of the Drag EIR. Issues not addressed m the Draft EIR were either found to be less than significant or that no Impact would occur m that azea with the proposed project A discussion of Aesthetics and Visual Quality and why no sigmficant Impacts would occur Is Included on page 5 of the Initial Study where impacts were found to be less than sigmficant Fiscal impacts were not addressed either m the Initial Study or the Draft EIR because they are not germane to the physical environment and therefore, do not need to be evaluated under CEQA. Population/Housing, Pazks and Recreation and other services and utilities, Including water supply aze discussed in the Imtial Study beginning on page I5. Because the proposed project would be similaz m size and density as what is designated m the General Plan for the site, and because the General Plan was recently updated (October 2001), potential impacts of the proposed residential 19 subdivision were included and considered in the EIR prepazed for the General Plan Update Therefore, no additional analysis was required. Finally, there is no wetland or npanan habitat on the project site that would be disturbed due to development of the proposed protect Comment 5-30: Tlus comment asks that additional graphics be included in the EIR showing the vanous hazazd overlay distracts that the project is located m. Response: LARRY DO YOU WANT TO INCLUDE ANY NEW MAPPING? Comment 5-31: This comment asks for a description of housing types envisioned by the applicant Response: The City has an ~ xtensive design review process that the project must go through in conlun~tion with entitlement processing Housing stock envisioned by the applicant would be typical of other sumlaz neighborhoods m the vicinity •~~ and would not affect aesthetics of the azea because it would blend in with other residential developments. The City will requue that protect development be consistent v~nth the aesthetic requirements in the Etiwanda North Specific Plan including setback requirements, mnvmum distances between houses, maximum height/number of stories, use of perimeter block walls, building material including roofing material, etc The specific design features of the project would be left to the discretion of the housing developer as long as the product was developed to the high standards maintained by the City through rts design review committee process. Comment 5-32. This comment asks for additional information on equestrian trazls and potential impacts associated with use of these trails. Response: The equestrian lots described in the Draft EIR (page 3-I1) would be adjacent to the proposed 15-foot wide equestrian trails that would be constructed along the north property boundary and south side of Henderson Creek Channel. Figure 3-4 in the Draft EIR shows the equestrian lots and adjacent trazls. These aze intended to allow equestrians to access the existing equestrian trails m the City not to give them access to dedicated open space north or northwest of the property. Rancho Cucamonga has several existing equestrian neighborhoods and encourages this use, particulazly in the more Waal North Alta Loma and Etiwanda areas of the City. It is the intent of the City to continue to provide and to add to the equestrian trails in the Crty by linking them tp other multipurpose trails (pedestrian, bicycling, and equestrian trails) The proposed project would be consistent with the City's goals. Comment 5-33: Taus comment asks for an evaluation of fiscal unpacts ansing from environmental hazazds to the proposed project Z~,N~ zo Response: Fiscal impacts associated with the loss of property due to a natural disaster aze usually bom by the property owner and msurance company. In such natural disasters, property owners maybe eligible for low mterest loans to rebuild. The loss of areas of water rechazge is addressed by the local and regional water agencies that have established groundwater rechazge areas m their respecttve ~unsdictions to ensure effective groundwater rechazge These areas aze usually in historic creek or riverbeds such as Day Creek, Cucamonga Creek and Etiwanda Creek or in the case of the NEOSHPP azea, portions of the alluvial fan being preserved as open space. Often agencies with jurisdiction to these area will lease property to aggregate mimng companies to excavate resources and leave the pits as groundwater rechazge basins as an end use, thus allowing water agencies to effectively rechazge their systems. Finally, the issue of air pollution is a regional issue, addressed at the regional level by the South Coast Air Quality Management Distnct, which has a number of programs to reduce regional air pollu n. Comment 5-34 This comment asks why the County Open Space District did not receive a Draft EIR for review. Response: County agencies or departments who received the Draft E1R mclude the Department of Public Works Transportation and Flood Control Divisions, as well as the Land Use Services Department. The County Office of Special Distncts was sent a Notice of Availability as an adjacent property owner. The County Special, Distncts Office often relies on other County departments to review and respond to Draft E1Rs or Mitigated Negative Declazations because this office is actually the administrator of Special Districts (Pers. Comm. Terry Rahall, Semor Associate Planner, April 23, 2004). The County Department of Public Works, responded to the Draft EIR (see Letter 2). Comment 5-35: This comment asks for clanfication on vegetation types and wildlife that could occupy the project site and states that a Habitat Conservation Plan (HCP) must be prepared. Response: The project site was surveyed and documented as contauung a mix of grassland and grassland/deerweed mix (16.8 acres), a stand of scrub dominated by buckwheat (2.5 acres), Riversidian alluvial fan sage scrub (RAFSS) (11.3 acres), and upland sage scrub (61 3 acres). The remaming azea mcluded a paved road. Figure 4.10-1 of the Draft EIR shows the approximate location of each of these vegetation types. The RAFSS is located m the Henderson Creek Channel azea of the site and would not be affected by the proposed project since no disturbance is proposed there. The site was disturbed pnor to the October 2003 fire, and was dominated by the Upland sage scrub vegetation type, which is not a sensitive vegetation type. Because there is no sensitive habitat on-site that would be disturbed, no HCP is required. ~~ ~-~.-, N ~ 21 Upland sage scrub is actually a vegetation type identified in Holland, Robert F., Ph. D., Preliminary Descnpteons of the Terrestrial Natural Communities of Cakfornra, California Depaztment of Fish and Game, October 1986. The system of describing natural communities published by the California Department of Fish and Game is a luerazclucal system. The Scrub and Chaparral communities (30000) aze subdivided into four types of which, Riversidian Sage Scrub is one (32700) Differentiation of Riversidian Sage Scrub includes both Riversidian Upland Sage Scrub (32710) and Rrversidian Alluvial Fan Sage Scrub (32720). Upland sage scrub is less affected by fluvial process, occurs on stable portions of fans and intergrades with other types of chaparral at higher elevations. Comment 5-36: This comment asks for clarification on the documents incorporated by reference in the Draft E1R. Response• Documents incorporated by reference consisted of the City's 2001 General Plan and the Final EIR for the General Plan. In addttion, the 1989 Master Environmental Assessment was uhlrzed for tustonc purposes. Other documents used in the prepazation of the Draft EIR included studies and reports prepazed specifically for the protect that aze included in the technical appendices included m the Draft EIR. Finally, some documents, such as the Etiwanda North Specific Plan (discussed in Section 4.1) and the County's NEOSHPP (discussed in Section 4-1, Land Use and Sectron 4.10, Biologrcal Resources), were used in the prepazation of the Draft EIR. These two documents will be added to Sectron 1.5, Documents Incorporated by Reference Comment 5-37: This comment includes a number of recommendations for the City Planning Commission and City Council. Response The Planning Comrmssron and Crty Council will review all pertinent documents, coaespondence, and stall' report related to the entitlements requested by the protect applicant and make a decision based on the whole of the record. Comment 5-38: This comment includes a number of recommendations for the applicanUdeveloper. Response The Planning Commission and Crty Council will review all pertinent documents, correspondence, and staff report related to the entitlements requested by the project applrcant and make a decision based on the whole of the record. The protect applicanUdeveloper would adhere to the findings of the Crty Council and act accordingly with regard to mitigation measures and conditions of approval as set forth in the project approvals. ~1 /`t 1~ 22 . Letter 6 Ms Leeona Klippstein Spirit of the Sage Council April 3, 2004 Comment 6-1 This comment states that since s~gnmg the Multiple-species Habitat Conservation Plan contract, the City has continued to approve development on habitat lands that should be conserved Response The proposed general plan and ENSP amendments do not change the designated land use from Open Space to Res~dent~al but merely from one res~denhal des~gnat~on to another. The result is a similar number of lots but slightly smaller ]ot saes With regard to the issue of conservation lands, the protect site's relationship to the NEOSHPP ~s discussed m Section 4 10 beginning on page 4.10-16 Maps A-5 through A-9 of the NEOSHPP have been reproduced and are included at the end of Appendix I These show the located of the protect site m relation to the NEOSHPP area As md~cated, the protect site ~s not shown as possible future open space preservaUOn (Map A-5) The site ~s shown as containing RAFSS (Map A-6) and containing two species of concern (Map A-7), but ~s not considered to be a b~olog~cally sensitrve stte (Map A-8) The site ~s also constrained by the Henderson Creek Flood Control Channe] (Map A-9). Therefore protect development on this site would not be s~gmficant once m~UgaUon land of higher quality ~s purchased Cornment 6-2 This comments ~s a request that the City deny the proposed protect and adopt the No-Protect Altematrve Response The Planning Comm~ss~on and City Council will review the proposed protect mcludmg the environmental impact report and its findings, hold heanngs and take public testimony, and weigh all of the evidence, mcludmg wntten public comments recewed on the Draft EIR and lead agency responses, pnor to taking an action on the project Comment 6-3 This comment states that there ~s inadequate m~t~gaUon of on-site b~olog~cal impacts. Response The ratio determined by the protect biologist for m~t~gat~on land was based on a number of factors as follows • The proposed protect does not impact RAFSS or other sensitive habitat The RAFSS on site ~s within the Flood Control easement for Henderson Creek and will not be disturbed • The habitat on-site was not occupied, and due to the fire, remains unoccupied ~-~, N ~ I 23 • The habitat that will be eliminated is predominately Upland sage scrub, • cons~shng of white sage and Cal~fomia sagebrush There ~s no s~milaz suitable habitat m the area so the project b~ologst recommended an altemat~ve, which was to conserve a site with a npanan/chappazal mix farther up the Ehwanda fan from the project site w~t}un the NEOSHPP The proposed m~t~gat~on site has been visited by San Bemazdmo County Museum staff who believe that the m~t~gat~on land represents higher quality habitat than that would be lost on-site and ~s adequate for the loss of the on-site Upland habitat Comment 6-4: This comment presents a senes of recommendations to the Planning Comm~ss~on and City Council regarding the proposed project Response The Planning Commission and City Council will review all pertinent documents, correspondence, and staff report related to the entitlements requested by the project applicant and make a dec~s~on based on the whole of ~~ the record Comment 6-5. This comment ~ presents a senes of recommendations to the project apphcanUdeveloper regarding the proposed project Response The Planning Comm~ss~on and City Council will review all pertinent documents, correspondence, and staff report related to the entitlements requested by the project applicant and make a dec~s~on based on the whole of the record The project appl~canUdeveloper would adhere to the findrngs of the City Council and act accordingly with regard to mit~ganon measures and cond~t~ons of approval as set forth in the project approvals Comment 6-6 This comment states that there are mcons~stencies m the Project Descnphon m the Draft EII2 and the "Revised 3-31-99" Form A (p 23) Response• Form A (p 23) ~s the Nonce of Completion that ~s included at the front of the Draft E1R As described m the Project Description, the entire project site rs approximately 100 acres Ten acres are designated as Flood ControWtilrty Comdor and would not be developed An additional 25 1 acres aze m Flood Control Easement associated with Henderson Creek and would not be developed This ]eaves approximately 65 3 acres for residential development For the purposes of annexation, the project site ~s 100 4 acres For the purposes of residential development and related entitlements, 65 3 acres would be developed Comment 6-7 This comment asks that ~f the City desires to purchase flood control property, that ~t does so elsewhere m the County and do a separate annexation CJ r-~,nl `~2 24 +~ Response It ~s not the City's intent to obtain Flood Control ]ands for the purpose of development of the Henderson Creek protect or any other reason The City ~s not purchasing or otherwise negot~atmg with the County to develop Flood Control lands related to this protect The Flood Control and Utility Comdor designated lands w~thm the boundanes of the 100 4-acre project site would be located within the City of Rancho Cucamonga but would not be controlled by the City The San Bemardmo County Flood Control D~stnct would continue to maintain its facilrt~es through the protect site The addrt~onal land is included m the annexation apphcat~on because without annexahon, the Flood Control land would be a County island within the City's corporate boundanes Comment 6-8 This comment asks a senes of questions concemmg the protect descnphon Response The text contained m Chapter 3 0, Protect Descnption, ~s consistent m its dep~ct~on of the project site and the vanous components and accompanying acreages The last paragraph on page 3-5 reads as follows "Henderson Creek Properties is proposing the subd~vis~on of 65 3 acres of the 90 4-acre site into 125 lots to include 123 res~dent~al lots and two open space lots (the remarmng 25 1 acres of the 90 4-acre site will be used for flood control improvements along Henderson • Creek and will have a General Plan des~gnat~on of Flood Control, Utility Comdor, and Open Space) The proposed project consists of a General Plan Amendment, Specific Plan Amendment, Annexahon, Development Agreement, and Tentative Tract Map fora 125-lot res~dent~a] subdrv~s~on (123 res~dent~al lots and two open space lots) located at the northerly end of Wardman-Bullock Road at the mtersechon with Colonbero Road m an unincorporated area of San Bernardino County m the Sphere of Influence of the City of Rancho Cucamonga." The two open-space lots would be unbuildable due to their size and/or configuration and will be maintained by the homeowners assoc~ahon. When a project ~s proposed on a site where the land use des~gnat~on does not match the proposed ]and use, a general plan amendment ~s requrred Likewise, when the project site ~s located m an area that ~s also governed by a specrfic plan such as the Et~wanda North Specific Plan, that plan would also have to be amended to accommodate the proposed protect This s~tuat~on occurs penod~cally and amendments can be accommodated by both plans which are dynamic documents designed to be flexible and remain relevant When ether plan becomes less flexible, or the needs of the City and/or its cthzens change, plans are updated or new plans are adopted to replace outdated plans For example, the City adopted a new General Plan m October 200] to reflect the changes m the physical, social and economic landscape of the Ctty m order to remain relevant as the planning document to continue to guide growth and ~-~ , N ~i3 25 development Therefore, the number of Mmes a plan has been amended is not . relevant Comment 6-9 This comment asks questions concerning the Flood Contro] easement through the project site Response As discussed m Response to Comment 6-7 above, rt ~s not the City's intent to obtain Flood Control lands for the purpose of development of the Henderson Creek project or any other reason The City is not purchasrng or otherwise negot~atmg with the County to develop Flood Control lands, and ~s not a attaching residential project to flood control lands, or redes~gnating flood control lands for residential use The Flood Control and Utility Comdor designated ]ands within the boundanes of the 100 4-acre ~pro~ect site would be located within the City of Rancho Cucamonga but would not be controlled by the City The San Bernardino County Flood Control D~stnct would continue to maintain its facilities through the project site With regard to other hazard issues identified m this comment, flooding, wildfire and earthquake, the project requires a Conditional Letter of Map Rev~s~on to revise the FEMA flood maps to remove the project site from the flood zone Once that has occurred, the residential development will not be m a flood zone . This would be completed pnor to completion of the residential project Wildfire issues were addressed m the Draft EIR m Section 4 7 and can be mrt~gated through the adoption of the Fuel Modification Plan Finally, with regard to earthquake hazards, these are addressed m Section 4 5 of the Draft EIR The project site, as the rest of southern Cahforn~a is located m an area known to produce earthquakes and all residents are subject to similar hazards rf they choose to live m the region There ~s an Algwst-Pnolo Earthquake Zone located to the southwest of the site but the project site ~s not wrt}un that zone A geotechmcal survey of the site (Appendix E) found that there are no faults on the project site Proper site grading and preparation, and adherence to the Uniform Building Code for structures adequately addresses impacts associated with se~sm~c events Comment 6-10 This comment asks why the City ~s encouraging residential development m wildlife habitat areas Response The General Plan and ENSP amendments do not encouragement res~dent~al development The project site ~s already designated for single-family residential use As descnbed on page 3-9 of the Draft EIR, the proposed GPA would change [he current des~gnat~on of Very Low Residential (0 1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 65 3 acres of the 90 4-acre ~, N ~ 26 parcel, the remaining 25 1 acres of the site is reserved for a combination of Flood Control improvements for Henderson Creek and Utility Comdor for an SCE power ]me The gross project density of approximately 1 3 dwelling amts per acre is wrthm the parameters of the current land use designation of Very Low Residential, however, due to the flood control and utrhty Comdor easements, the 65 3-acre developable area has been designed to provide residential lots that wrll range from 14,025 squaze feet to 45,755, with an average lot area of over 18,000 squaze feet The proposed lot saes therefore necessitate the proposed land use designation amendments In addmon, the project site was surveyed and documented as containing a mix of grassland and grassland/deerweed mix (16 8 acres), a stand of scrub dominated by buckwheat (2 5 acres), Riversidian alluvial fan sage scrub (RAFSS) (11 3 acres), and upland sage scrub (61 3 acres) The remaining area included a paved road Figure 4 10-1 of the Draft EII2 shows the approximate location of each ~of these vegetation types The RAFSS is located m the Henderson Creek Channel area of the site and would not be affected by the proposed project since no disturbance is proposed there The site was disturbed pnor to the October 2003 fire, and was dominated by the Upland sage scrub vegetation type, which is not a sensitive vegetation type. Upland sage scrub is actually a vegetation type identified m Holland, Robert F , Ph D , Preliminary Descriptions of the Terrestrial Natural Communities of California, California Department of Fish and Game, October 1986 The system of descnbmg natural communities published by the California Department of Fish and Game is a hierarchical system The Scrub and Chaparral communities (30000) aze subdrnded into four types of which, Riversidian Sage Scrub is one (32700) Differentiation of Riversidian Sage Scrub includes both Riversidian Upland Sage Scrub (32710) and Riversidian Alluvial Fan Sage Scrub (32720) Upland sage scrub is less affected by fluvial process, occurs on stable portions of fans and mtergrades with other types of chaparral at higher elevations The RAFSS located on-site will not be disturbed by the proposed project since it is within the Henderson Creek Channel area Comment 6-11 This comment asks that mfonnation related to EPA approval and that any correspondence between the City and EPA be included m the Final EIR Response The Draft EIR includes technical appendices that contain the vanous studies and reports used to prepaze the document Other correspondence between agencies, background matenal, and other data and/or documents used in the prepazation of the Draft EIR are on file and available for review at the City of Rancho Cucamonga Planning Counter No correspondence with EPA is included m the Draft EIR or Appendices because no approvals from EPA are required Comment 6-12 This comment suggests that the proposed development agreement has been excluded from the Draft EIR s- L, N ~l S 27 Response The proposed development agreement was tdent~fied as being one of a number of entitlements the applicant has requested (see page 3-5 of Chapter 3.0, Protect Descnptton) The agreement is the result of on-going discussions between the City and the applicant and has been drafted in a form to be forwarded to the City Council for approval A copy of the agreement is included in the Final EIR m Appendix F Comment 6-13. This comment states that the protect uses Flood Control easements as mitigation, even though the easement has been previously encumbered Response As discussed on pages 4 10-20 and 4 10-21, the proposed protect provides a 1 1 ratio for mitigation of the loss of habitat The Flood Control easement will remain as is, unencumbered by any entitlements or mitigation associated with the project Comment 6-14 This comment states that the protect is controversial Response The proposed protect has a number of potential environmental effects and therefore an EIR has been prepared Comment 6-15. This comment states that the introduction of horses will cause trampling and erosion Response The intent of the equestnan lots is to allow residents access to existing and future equestnan trails It is not the City's intent to encourage equestnans to go off the trails Comment 6-16 Thts comment asks for clanficahon on the tentative tract map and whether the proposed map is consistent with the Tentative Tract Maps Act Response. The proposed protect includes a tentative tract map referred to in the Notice of Completion at the front of the Draft EIR as "Tentative Tract Map SUBTTI6324 The tract map identifier of "SUB" is no longer used by the Ctty and more recent tract maps include the identifier of TT only Regardless of what identifier is used, the tract map number is unique to each protect and remains with the tract and is recorded with the final map, consistent with the Subdivision Map Act Comment 6-17 This comment identifies a number of issues that have not been addressed m the Draft EIR Response The issues identified m this comment were evaluated m the Initial Study prepared for the protect and included m Appendix A of the Draft EIR Issues not addressed m the Draft EIR were either found to be less than significant or rt was found that no impact would occur in that area with the proposed protect . z-L,Nglo 28 A d~scuss~on of Aesthetics and Visual Quality and why no s~gmficant impacts would occur ~s mcluded on page 5 of the Initial Study Fiscal impacts were not addressed eriher m the Initial Study or the Draft EIR because they are not germane to the physical environment and therefore, do not need to be evaluated under CEQA Population/Housmg, Parks and Recreation and other services and utilities, including water supply are discussed m the Inrt~al Study beginning on page 15 Because the proposed protect would be s~m~laz m srze and density as what rs designated m the General Plan for the site, and because the General Plan was recently updated (October 2001), potent~a] impacts of the proposed project were mcluded and considered m the EIR prepared for the General Plan Update Therefore, no additional analysis was required Finally, there ~s no wetland or npanan habitat on the project site that would be disturbed due to development of the proposed protect Comment 6-18 This comment asks for clanfication on the documents incorporated by reference m the Draft EIR. Response Documents incorporated by reference consisted of the City's 2001 General Plan and the Final ETR for the General Plan In addition, the 1989 Master Environmental Assessment was utilized for h~stonc purposes. Other documents used m the preparation of the Draft E1R mcluded studies and reports prepared specifically for the protect that are mcluded m the technical appendices mcluded m the Draft EIR Finally, some documents, such as the EUwanda North Specific Plan (discussed m Section 41) and the County's NEOSHPP (discussed m Section 4-1, Land Use and Section 4 1Q B~olog~cal Resources), were used m the preparation of the Draft EIlt and will be added to Section 1 5, Documents Incorporated by Reference Comment 6-19 Tlus comment contains a list of documents that the commenter has used m the prepazat~on of the comment letter Response No response required Comment 6-20 This comment suggests that studies and environmental review have been deferred to a future time and that the formulation of mitigation measures at a future time violates CEQA However, no specific example has been ~dent~fied Response The Draft EIR does not identify any mrt~gation measures that would result m the deferral of a study or environmental review to some future date There are three m~t~gat~on measures that require the developer to submit plans (landscaping, grading, and fuel modification), however these plans must meet performance standards (specific engmeenng standards for grading and prepanng the site for 29 development) or other cntena (the City's requirement for landscaping) Therefore, no new Impacts, not already considered m the Draft EIIt would occur Comment 6-21. This comment states that the protect should be denied because there are reasonable and feasible altematrves, which should have been explored, that significant impacts have not been avoided, and that the Crty has substantially failed to make a reasonable attempt to avoid the npanan azea, which runs through the project site ' Response A good faith effort was made to Identify a reasonable range of altematrves to the proposed project, including the no-protect altematrve In addition, there were a number of opportunities for responsible agencies and interested parties to identify any altematrves to be evaluated m addition to those Identified m the Draft E1R Neither m response to the Nonce of Prepazatron, nor m the public scopmg meeting of Planning Commission public heanng held dunng the public review penod was there a request to consider additional altematrves that would substantially lessen environmental effects With regard to avoidance of significant Impacts, rt should be noted that with Implementation of mitigation measures, all Impacts would be less than significant except for air quality associated with construction, which would be short-term Finally, m the last part of the third paragraph of this comment, regazdmg the City's failure to avoid npanan habitat, no npanan habitat well be disturbed with development of the proposed protect The Henderson Creek Channel that traverses the site m a northwest to southeast drrechon will be left intact and the County Flood Control Drstnct will maintain the existing fence around the facility However, rt should be noted that vegetatron/habrtat on this portion of the site was also destroyed by the October 2003 fire. Comment 6-22 This comment rs related to the consideration and re~echon of an altematrve site and states {hat the facts of the case indicate that additional known and related land holdings have been azbrtranly withheld from consideration, and that the Draft EIR has made false and misleading statements concemrng the land use status and designation of the project site Response The applicant for the Henderson Creek project owns one other parcel of land rn the area, which would be used as mitigation for the development of the project site Thrs rs the mitigation land purchased m the NEOSHPP that was determined to be adequate mitigation for the loss of lesser quality habitat on the project site As stated m the Draft EIR on page 2-3, an altematrve site was not considered because the project site rs designated for single-family resrdenhal use and the proposed General Plan Amendment Is simply to allow a similar number of units 30 • as under the ex~stmg designation, on smaller lot sizes, to accommodate the irregular configuration of the site due to the location of the Henderson Creek Channel In addrt~on, as discussed m Section 4 10 of the Draft EIR, the protect site ~s not an example of quality habitat for a number of reasons, including proximity to existing residential neighborhoods (see Figure 3-2), disturbance due to the construction of Flood Control Channel improvements, the predominance of Upland sage scrub on-site rather than Rtvers~d~an Alluvia] Fan Sage Scrub (RAFSS), and the recent wildfire that burned the enure site and v~cmity ' The second paragraph of this comment states that the Draft EIIt makes false and misleading statements concemmg the refection of an Alternative Location and points to the descnption of Present Land Use/Zomng/General Plan Designation m the Nonce of Completion in the front of the Draft EIR This line should be read as follows Plresent Land Use -Undeveloped Land Area/Zomng -North Etiwanda Specific Plan/General Plan Designation -Very-Low Residential and Flood Control Therefore, the statement on page 2-3 that the site is prezoned for residential use is accwate Finally, with regard to the question at the end of the paragraph concemmg the Etiwanda North Specific Plan and whether it should be "formally reopened", at such time as the City believes that the ENSP is no longer adequate to serve as the planning gwde for the Specific Plan area, rt would be updated The City's General Plan was updated in 2001 There is no state statute that requires that a Specific Plan be updated at regular intervals Comment 6-23 This comment states that the Draft EIIt made false and misleading statements regarding the feasibility of changing the density of the project and asks why the City didn't consider a higher density (four dwelling units per acre) for 31 acres of the site, which would allow conservation of up to 32 acres of habitat on-site Response The reasoning used to determine that a higher density use would have greater impacts is that by allowing, for example, fow dwelling amts per acre the applicant could get over 250 units on the 65 3 developable acres of the project site T}ns, however, did not take into consideration preserving 32 acres for habitat Splitting the project site m half with housing on 31 acres and habitat on 32 acres would not be an environmentally supenor alternative for several reasons First, leaving 32 acres as habitat would create an isolated area of wildfire fuel, near a residential neighborhood This is because the most likely area of the site for this habitat is the western portion of the site which is contiguous to Flood Control land, which is also the optimum location for the residential lots because of the Henderson Creek Channel traversing the project site Figure 3-2 on page 3-1 of the Draft EIR shows an aenal photograph of the site • ~-~, N q~ 3l Second, anywhere else on the site for the 32 acres of habitat would isolate rt • creating a noncontiguous azea The project site has a residential subdrv~sion and improved road to the east, a maintained/graded powerlme easement to the north with propernes north of that designated as Hillside Residential; and a mamtamed/graded powerlme easement to the south with properties south of that designated as Very-Low Residential Comment 6-24 This comment states that the DE1R made false and misleading statements because "the area has not been prezoned res~dentia]" This comment also states that the project needs approval from the EPA. Finally, the comment states that the Crty has been unable to provide any evidence of habrat conservation even though rt signed on to the County's Multiple-species Habitat Conservation Plan (MSHCP) Response With regazd to prezonmg of the property, because this site and other properties m the North Et~wanda azea are within the Sphere of Influence of the Crty of Rancho Cucamonga, the Crty has a legal obligation to prezone these properties m ant~c~pat~on of annexation at such time as development proposals move forward Figure 3-4 on page 3-3 of the Draft EIlt shows an aenal photograph of the area with the prezone designations overlaid on the photo The project site is currently prezoned VL or Very Low Res~dent~al with the upper 20 acres designated as Flood Control and Utility Comdor As part of the General Plan Amendment, the Henderson Creek Channel w~l] also be designated as Flood Control because rt ~s currently designated for Very Low Residential With regard to EPA approval of the project, neither City staff nor the applicant has been able to ~dent~fy a reason for EPA approval of the proposed project With regard to the County's MSHCP, the Crty ~s a co-srgner on this plan, however, ~t should be noted that to date this plan has not been adopted by the County In the absence of an approved or adopted MSHCP, EIRs for development proposals must include a requirement for consultation and a plan for the purchase of m~t~gat~on lands to replace the acreage to be developed The ratio depends on the quality of the habitat on-site, but can range from 1 1 up to 5 1 The applicant has already purchased m~t~gat~on land within the boundanes of the NEOSHPP Also see response to comment 6-27 below Comment 6-25 T7us comment asks that the three addrt~ona] alternatives identified (Comments 6-22 through 6-24) be considered m the Final EIlZ Response For reasons stated m responses to comments 6-22 through 6-24, evaluation of the three altematives identified by the commentor can be rejected for the following reasons A I Z-Lt 1 I~ 32 • 1) Altematrve location -there aze very few properties m the City of Rancho Cucamonga that remain unencumbered by development, an approved protect awaiting development, or a project m process In addition, any alternative location m the ENSP area would have the same issues as the proposed protect on the proposed site 2) Altematrve density - as discussed m response to comment 6-24, an altematrve density would not be feasible because both the development and the habitat would be vying for the same piece of the protect site In addition, the proposed density of 4 amts to the acre would be mcons~stent with other existing or proposed neighborhoods m the v~cimty 3) Altematrve ]and use - rt ~s not cleaz m comment 6-24 that an altemative land use was being proposed, but for the purposes of t}ns discussion ~t is assumed that the alterna{rve land use ~s open space. As stated m response to comment 6-23, the site ~s not an example of quality habriat being adjacent to ex~shng res~dent~al uses and a local road and being traversed by the Henderson Creek Channel, which ~s fenced In addition, the malonty of the vegetation on-site was, before the fire, Upland sage scmb rather than RAFSS The former ~s not considered by the resources agencies to be sensitive habitat Comment 6-26 Tlns comment states that since 1995 when the MSHCP was signed 7,000 acres • of habitat has been lost to development and that there ~s no substantial evidence that any has been conserved as a result of the MSHCP or NEOSHPP efforts In addrt~on, the City should not approve the protect without requmng the 5 1 ratio recommended by the resources agencies. The MSHCP ~s a contract and gu~dmg document for proposed development and habitat conservation w~th~n the mapped planning azea Response To date the MSHCP has not been formally adopted by the County, and although ~t can be used as a guide, without being fonnally adopted or approved, developers must still enter into consultation with the resource agencies to negotiate mrt~gation land. As drscussed m Section 4.10 of the Draft EIR begmmng on page 4 10-17, a number of protects have contributed to the NEOSHPP through the purchase of mitigation land for conservation. Tlns does not include pending purchases or agreements with developers such as Henderson Creek Partners The project applicant has purchased land to be included as conservation land (see response to comment 6-27 below) During consultation with the resources agencies, additional lands maybe negotiated Comment 6-27 This comment discusses the MSHCP and how the City has not demonstrated a "good faith" effort to conserve natural resources as recommended by USFWS and CDFG experts This makes the protect mcons~stent with other planning documents • ~-~, N Iol 33 Response It should be noted here that although the City of Rancho Cucamonga, and a • number of other crt~es m the San Bemardmo Valley, signed the agreement for the MSHCP, the plan has not been adopted by the County. The ratio determined by the protect b~olog~st was based on a number of factors as follows • The proposed protect does not impact RAFSS or other sensitive habitat. The RAFSS on site ~s w~tlun the Flood Contro] easement for Henderson Creek and will not be disturbed • The habitat on-site was not occupied, and due to the fire, remains unoccupied The habitat that will be eliminated ~s predominately Upland sage scrub, cons~stmg of white sage and Cahfomia sagebrush There ~s no similaz swtable habitat m the area so the b~ologrst recommended an altemarive that was to conserve a site with a npanan/chaparral mix farther up the Etiwanda fan from the project site. The proposed mitigation srte has been visaed by San Bemardmo County staff who believes that the mthgaUon ~s adequate for the loss of the on-site Upland habitat With regazd to the issue of the 5 1 ratio, this ratio was suggested by the resource agencies m a 2000 memo to the County planning staff and, like the MSHCP, • has not been adopted Given the ambiguous status of Upland sage scrub at the agencies, the 5 1 ration ~s not consistent with the standards set forth for more sens~trve habitat such as RAFSS Comment 6-28 Tlus comment concerns impacts to Special Interest Species and asks why the protect biologist did not use the list contained m the County's NEOSHPP documents h7 addition, the USFWS has included the project site and vrcrmty within the cnncal habitat for the Cahfonva gnatcatcher and San Bernazdmo kangazoo rat Response The NEOSHPP area includes 2,077 acres of potential future open space, according to the 1994 Program The protect site ~s approximately 100 acres but development would occur on 65 3 acres, with the remaining acreage remam~ng m Flood Control or Utility Comdor easements or nghts-of--way Not all of the sensitive species ~dennfied m the 1994 NEOSHPP document range across the entire 2,077-acre area The project biologist, focused on those species that were likely to be found on and m the v~cmity of the protect site based on a search of the CDFG Cahforn~a Natural Diversity Database, vanous species natural histones, and review of other survey reports for projects m the v~cmrty Dunng the survey of the site, the project b~olog~st determined that the site contained approximately 61 acres of Upland sage scrub, a community that has • not been ~denUfied as sens~Uve, nor is rt regulated by any resource agency In -~- ~, N 1D2 34 i addition, protocol surveys for the California gnatcatcher were conducted and findings were negative No survey for the San Bernardino kangaroo rat was conducted because recent trapping work in the vicinity had found few individuals and the potential for the species to use the project site was considered to be low. After surveys were conducted, the October 2003 wildfire burned the entire site Comment 6-29 This comment states that the Draft EIR retied on the Initial Study to focus out certain issues so that no further evaluation was done m the Draft EIR and fails to descnbe what ties north of the protect site, and that scenic highways or road were not addressed. Aesthetics should be addressed for these as well as impacts of light and glare on wildlife. The Draft EIR should also include a project design descnption Response The Project Descnption includes a discussion of surrounding land uses and includes photographs of the site and vicmrty Table 3-1 on page 3-9 identifies surrounding land uses along with existing General Plan and Zoning designations. It does not however, call out mdrndual properties by name such as the nature sanctuanes The purpose of an Initial Study (Appendix A) is to allow the lead agency to • focus on issues that are germane to the proposed protect and the existing environment, by asking a senes of questions to determine if there is a potential for a or significant impact to occur The City has adopted an environmental checklist that allows the environmental analysis to be focused and specific With regazd to Aesthetics, the proposed protect would not have a substantial effect on a scenic vista because the site is not located within a designated view comdor (City or County) In addition, the protect is a residential subdivision that must be developed to the City's standards as set forth in the Etiwanda North Specific Plan and would be similaz m style to existing neighborhoods m the vicmrty New fight would be typical of a residential neighborhood but because, according to the project biologist, the protect site is not considered to be a wildlife comdor with wildlife passing through the site at night, impacts would be less than significant With regard to design review, al] similar protects must be reviewed by the City's Design Review Committee and must comply with the Development Standards and Gwdelmes as set forth m the ENSP Comment 6-30 This comment discusses cumulative impacts on plant and animal life and that the Draft EIR contains no real descnption of the cumulative impacts on plant and aroma] life • Response The discussion of cumulative impacts (Chapter 5 0) concluded that continued development in the foothill area would further impact local flora and fauna, mainly through the loss of RAFSS Wildlife will have fewer resource areas to z-~, N ID3 35 use, although most of these are already surrounded by development. Increased traffic will also result m increased mortality of wildlife (road kills). Potentially significant impacts to biological resources associated with the proposed project and related protects are related to the potential for impacts to endangered or threatened species or them habrtat The biological assessment conducted on the site determined that no endangered or threatened species would be affected by protect. The applicant, like other developers m the area must purchase off-site or otherwise set aside on-site, mitigation lands to replace habitat lost by development contnbuting or purchasing land that is m or can be included m the NEOSHPP, which would mitigate potential cumulative rmpacts. The NEOSHPP was established by the County of San Bemazdmo as a conservation area to set aside RAFSS The issue here rs that although the project site is located within the NEOSHPP area, rt does not contain the type of habrtat that resource agencies are intent on conserving - RAFSS The RAFSS found on the project site will not be disturbed by the development because it is located m the Henderson Creek Channel easement. The Upland sage scrub that rs prevalent on the site is not the focus of the agencres conservation efforts. Comment 6-31 Thrs comment concerns Growth Inducing Impacts and states that the protect would be growth inducing Response: As stated on page 7-1 of the Draft E1R, the proposed Henderson Creek project rs one of several, residential protects being proposed, under construction, or recently developed in the upper portions of the cities of Upland, Rancho Cucamonga and Fontana, rn the West Valley Foothill area of San Bemardrno County. Rapid population growth m the southern California region is anticipated to continue for at ]east the next 20 years. Pressure to provide housing for additional residents rs great, and new housing projects m this azea, such as the Henderson Creek project, aze being rapidly developed. To the extent that this protect and other related projects m the immediate vicinity are being developed to meet this need, they are considered growth inducing by encouraging residents to move to the azea Pressure will likely continue to be applied to provide additional housing opportunities m the area until development reaches the National Forest boundazy, or the NEOSHPP boundary Comment 6-32 This comments states that there needs to be a greater analysts on Air Quality and that reducing the project's size should be considered a mitigation measure Response The Air Quality analysis (Section 4 3) was conducted according to South Coast Arr Quality Management (SCAQMD) gwdehnes The findings of the analysis were that the proposed project would have a less than significant impact on air quality except dunng construction Therefore, no further analysis rs warranted z-~, N 10~ 36 i Comment 6-33 This comment asks what resources and literature were reviewed "to reach such a flippant and inaccurate conclusion " Response The Cultural Resources Report ~s included m Appendix J of the Draft EIR The survey done for the protect site included a field review and a records search at the San Bernazdmo County Museum (Archaeological Infonnation Center) The site survey was conducted to February 2004 four months after the wildfire burned the site so that there was a cleaz view of the site with no vegetation to obstruct the ground. It was not the rntent of the Cultural Resources Survey to provide a history of people who may have used the site but instead to determine rf there were any resources on-site that would be disturbed by development Comment 6-34: This comment cor~cems the Crty's "MultrHazard Disaster Plan" and Health, Safety and General Welfaze The Draft EIIZ fails to use the County's Hazazds Overlay maps, City Hazazds Overlay maps, EPA Hazards and Flood Map In add~t~on, the comment discusses the Algwst-Pnolo Fault Zoning Act. Response Hazazds that could befall the protect site aze evaluated m Section 4.5 -Geology and Soils; Section 4 6 -Hydrology and Water Quality, and Section 4.7 -Public Health and Safety • Se~sm~crtv and Earthquakes Section 4 5 includes an evaluation of seismic hazards m the v~c~mty and region and shows on Figure 4 5-1 where local faults are m relation to the project site The project site does not fall wrthm an Algwst- Pnolo Fault Zone A geotechmca] evaluation was conducted on the srte (Appendix E), which included a fault mvest~gat~on and provided preliminary recommendations for grading and design The conclusion of the project geologist was that conducting earthwork and grading m accordance with recommendations of the geotechmcal report and design of on-site structures to meet current building standards presented m the Uniform Building Code and/or Structural Engineers Association of Cahforn~a would result m the effects from seismic shaking being less than significant F]oodmQ. The protect site ~s currently located wrthm a flood zone according to FEMA's FIRM map However, with the Henderson Creek Channel improvements completed, the site ~s no longer m a flood hazard area The applicant must file a cond~t~onal letter of map rev~s~on to have the site's designation changed Wind and Wildfire Other hazards m the area include high words and wildfires Local residents are familiar with high wind conditions However, people new to the area must be warned For the protect, this would be done through a • disclosure m the escrow papers explaining the hazards associate with high words L~kew~se, wildfires like those expenenced m southern Cahforn~a m ~-~, N loS 37 October 2003, are also an issue m the ENSP azea The Draft EIR rncludes a draft Fuei Modification Plan that m conlunct~on with the landscaping requirements would reduce the nsk loss of life and property to wildfires Cornment 6-35 This comment states that "the Sage Council ~s extremely concerned" about project impacts of water extraction actrvrt~es that would effect the County preserve and other habitat sanctuanes Response Water extraction actrv~t~es are conducted by water agencies to supply them customers These agencies depend on groundwater rechazge areas such as the NEOSHPP area to recharge the system The loss of areas of water recharge rs addressed by the local and regional water agencies that have established groundwater recharge areas m their respective ~unsd~cUOns to ensure effective groundwater recharge. These areas are usually m historic creek or nverbeds such as Day Creek, Cucamonga Creek and Et~wanda Creek or m the case of the NEOSHPP area, portions of the alluvial fan being preserved as open space Often agencies with ~unsd~ct~on m these area will lease property to aggregate mining companies to excavate resources and leave the pits as groundwater recharge basins as an end use, thus allowing water agencies to effectively recharge them systems The project's demands for water supply will be met by service from the Cucamonga County (now "Valley") Water D~stnct A water storage tank will be constructed northeast of the project srte and will provide approximately 2/3 of the daily demand of 106,110 gallons A second tank will be constructed m the future northwest of the project (See Appendix H page 11). The source of water to supply these tanks will not impact any azeas of habitat Comment 6-36 This comment states that the Sage Council recommends solar energy be used for all residences Response The Planning Comm~ss~on and Crty Council will review the proposed project mcludmg the envrronmental impact report and rts findings, hold heanngs and take public testimony, and weigh all of the evidence, mcludmg wntten public comments received on the Draft EIR and lead agency responses, pnor to taking an action on the project Comment 6-37 This comment suggests that greater evaluation and mit~gat~on needs to be done for Nose, Populahon/Housmg and Traffic Response Impacts associated with Nose were adequately addressed m Section 4 4 of the Draft EIR. A Nose Study was conducted for the proposed project that is included m Appendix D of the Draft EII2 Populat~on/Housmg, Parks and Recreation and other services and utilities . related to res~denUal development are discussed m the ImUal Study beginning ~-L,N lob 38 on page 15 Because the proposed protect would be s~m~laz m size and density as what ~s designated m the General Plan for the site, and because the General Plan was recently updated (October 2001), potential impacts of the proposed residential subdivision were included and considered m the EIR prepared for the General Plan Update Therefore, no add~t~onal analysrs was required. Traffic impacts associated with the proposed project were evaluated to the Draft EIR m Section 4.2 The Traffic Study ~s also included m Appendix B of the Draft EIR Traffic impacts can be mitigated to less than s~gmficant levels through payment of fair-shaze costs for road rmprovements as well as the construction of a half-width of Wardman-Bullock Road from south of the project boundary to Wilson Avenue Comment 6-38 This comment asks who will be responsible for fiscal impacts associated with the loss of water recharge, as well as results of natural disasters Response: Fiscal impacts associated with the loss of property due to a natural disaster are usually born by the property owner and insurance company In such natural disasters, property owners may be el~g~ble for low interest loans to reburld The loss of areas of water rechazge ~s addressed by the local and regional water agencies that have established groundwater recharge areas m their respective ~unsd~ctions to ensure effective groundwater recharge These azeas aze usually m h~stonc creek or nverbeds such as Day Creek, Cucamonga Creek and Etiwanda Creek or m the case of the NEOSHPP area, portions of the alluvial fan being preserved as open space Often agencies with lunsd~ct~on to these area will lease property to aggregate mining companies to excavate resources and leave the pits as groundwater recharge basins as an end use, thus allowrng water agencies to effectively recharge their systems Finally, the issue of au pollution ~s a regional issue, addressed at the regional level by the South Coast Arr Quality Management D~stnct, which has a number of programs to reduce reg~ona] air pollution Comment 6-39 This comment states that the protect ~s impacting offsrte habitat for phone, water, electncrty and gas and has no economic benefits to the City that would allow a statement of ovemding considerations to be made Nor has the City demonstrated any need or benefit greater than upholding the publics' trust, health, safety, and general welfare The protect negatively affects the MSHCP/NCCP efforts as well as causing ongoing regional environmental problems The highest and best use of the property is for habitat conservation Response With regard to impacts to offs~te habitats, the protect can be served by existing infrastructure that can be extended to the site from existing systems without effecting habitat The benefits to the City that lust~fies a statement of ovemdmg consideration are many-fold and are set out m the Pro~eci Objectives identified m Section 3 5 of ~~~--, ICI ~ ~' 39 the Protect Descnption For example, two of these obtectives are to provide quality housing opportumt~es compatible with ex~stmg and planned development that responds to market demands, and to provide a system of public/community facilities, mcludmg trails, open space areas, and landscaping to support the residents of the protect and sunoundmg area rn an efficient and timely manner Prov~dmg housing for a burgeoning population m the regron as a whole rs becoming increasingly difficult as people continue to move into Califorrna and cities and developers work to meet a vanety of housing needs from apartments to single-family residences Developer contnbutions to the NEOSHPP, creation of conservation easements, or on-site mitigation areas, are examples of how attempts to balance housing needs with habitat conservation are being made Comment 6-40 This comment states that evidence does not support detennmat~ons m the NOP and ETR that thereJare no impacts to schools Response: Developer contnliut~ons to school distncts m the form of developer impact fees were established im State Senate Bill 50 (SB 50) w}nch mandates that payment of lawfully required school impact fees shall constitute full and complete mitigation of school related impacts under CEQA, regardless of the enrollment to capacity conditions of the affected school d~stncts. However, recognizing that school enrollment throughout the state of California ~s burgeoning and that most school d~stncts have to resort to supplementing their facilities with portable classrooms, many d~stncts also request that a developer enter into or establish a Conunumty Services D~stnct to better serve the d~stnct's needs The Crty of Rancho Cucamonga, like many other cities, encourages developers to coordinate with the school d~stncts on this issue For example, the Chaffey Joint Union High School D~stnct, m which the protect site ~s included, has established a Community Facilrt~es Distnct Comment 6-41 This comment states that the City does not have recreational amemt~es for those who entoy nature hikes and studies There ~s an overemphasis on equestnan trails Parkland that has been acgmred has not been developed This comment also addresses the issue of the negative rmpacts that horses have on sage scrub habitats and wetlands Response: The City of Rancho Cucamonga ~s a relatively young city having recently celebrated only its 25`" birthday The City's growth rate is one of the highest m the region due to several factors mcludmg prox~m~ty to tob centers, vanety of housing stock, and amenities such as parks, hbranes and cultural facilities For parkland and open space, the City's emphasis has been on parks and n:creational facilrt~es to meet the needs of a greater percentage of its citizens According to Rancho Cucamonga's 2001 General Plan, the population is relatively young with approximately 47 percent of the households having children Therefore, the City has concentrated on prov~dmg an extensive system of neighborhood parks, fields and courts, offenng all forms of family recreation ~- ~, N Icy 40 including a wide range of tournaments and league play Most parks include p~cmc areas and children's play areas Open space for h~kmg and nature study require a different strategy as well as a tremendous amount of land that benefits faz fewer residents than the City pazk and recreahon fac~hhes The City's decision to concentrate on providing park and recreahon opportumt~es to as many residents as possible may be at the expense of recreation for a few hikers, however, it is the City's rntent to continue to serve its residents, by prov~dmg the types of recreational actrvrtres they desue The Crty rs supportrve of the need to conserve open space and habitat m the NEOSHPP area. As the conservation area grows through mrt~gatron set asides, residents interested m nature study would take advantage of the close prox~mrty and visa the NEOSHPP Finally, the rntent of the equestrian lots rs to allow residents access to exrshng and future equestrian trails It rs not the Gty's rntent to encourage equestrians to go off the trails Comment 6-42 This comment presents a paper prepared by a Chaffey College professor on the threat of edge effects to habitat preservation The commentor has indicated that this paper is already on file with the City Response The Crty acknowledges receipt of the paper. Comment 6-43 This comment summanzes the City's Resource Management Plan for the ENSP with regard to Riversidian Alluvial Fan Sage Scrub (RAFSS) and lists a design feature to preserve the maximum feasible amount of RAFSS This feature rs that RAFSS removed from open space designations shall be replaced at a ratio of not less than 2:1 Response This design Feature related to properties that have been designated as open space. The protect site is currently designated as Very Low Residential Therefore, this design feature would not apply to the protect site In addition, although the protect site does contain RAFSS that area of the site rs located in the Henderson Creek Channel easement and would not be disturbed by the proposed protect Therefore, no additional mIIigahon is required since the RAFSS will be reserved Comment 6-44 This comment asks for clarification on vegetation types and wildlife that could occupy the protect site and states that a Habitat Conservation Plan must be prepared Response The protect site was surveyed and documented as containing a mix of grassland and grassland/deerweed mix (16 8 acres), a stand of scrub dominated by buckwheat (2 5 acres), Riversidian alluvial fan sage scrub (RAFSS) 41 (11 3 acres), and Upland sage scrub (61 3 acres) The remaining azea included a paved road Figure 4 10-1 of the Draft EIR shows the approximate location of each of these vegetation types The RAFSS is located m the Henderson Creek Channel area of the site and would not be affected by the proposed protect since no disturbance is proposed there The site was disturbed pnor to the October 2003 fire, and was dominated by the Upland sage scrub vegetation type, which is not a sensitive vegetation type Upland sage scrub is actually a vegetation type identified in Holland, Robert F , Ph D , Prelzmznazy Descr:ptzons of the Terrestrial Natural Commun:tzes of Cal:forraa Cahfomia Department of Fish and Game, October 1986 The system of descnbmg natural communities published by the Cahfomia Department of Fish and Game is a hierarchical system The Scrub and Chaparral communities (30000) are subdivided into four types of which, Riversidian Sage Scrub is one (32700) Differentiation of Riversidian Sage Scrub includes both Riversidian Upland Sage Scrub (32710) and Riversidian Alluvial Fan Sage Scmb (32720) Upland sage scmli is less affected by fluvial process, occurs on stable portions of fans and mtergrades with other types of chaparral at higher elevations i Comment 6-45: This comment stated that the protect will have negative impacts to wildlife movement on-site and will extend indirect negative impacts on the North EUwanda Preserve The NEOSHPP boundanes include the project site and the Sage Council disagrees that the NEOSHPP does not apply )n addition, the applicant is required to mitigate the loss of habitat at a 5 1 ratio Response The protect biologist has determined that the project site is not part of a wildlife comdor This is because the site is located adjacent to existing development In addition, the area of the site that could be used as a comdor, the Henderson Creek Channel is fenced, and southeast of the project is channelized in a concrete channel Section 410, Biological Resources, includes a discussion of the project's relationship to the NEOSHPP Its relationship is that rt is within the boundanes of the NEQSHPP, but according to the mapping, is not identified as a site to be used as future open space preservation, and is not considered to be a biologically sensitive site This is bom out by the project biologist's findings m the field The 5 1 ratio identified m this comment is a recommendation from the resource agencies to the County planning staff in response to comments on the proposed San Bemardmo Countywide Multiple-species Habitat Conservation Plan (MSHCP), submitted in October 2000 To date, the MSHCP has not been adopted so is still a draft plan In the absence of an adopted plan, each development protect must go through the consultation process with CDFG and negotiate the ratio of habitat to be preserved, based on the quality of habitat found on a particular protect site For the proposed protect, the protect biologist ~-~, N Ilb 42 • has recommended a 1 1 ratio However, since no Upland sage scrub habitat was available, the project biologist, m conjunction with San Bemazdmo County Museum staff, mcludmg Mr Robert McKeman, determined that an approximately 58-acre site containing a mix of npanan and chaparral vegetation represented a faz supenor habitat to be preserved, than what would be lost on the project site. To reiterate, previous responses, the RAFSS habitat located on the project site, will not be disturbed by the proposed project because it is located m the Flood Control easement where no project development has been proposed Comment 6-46. This comment asks why the County OS D~stnct Board (County Office of Special Distncts), being an adjacent property owner, has not received a copy of the Draft EIR Response LARRY CAN YQU CHECK THE MAILING LIST AND SEE IF SPECIAL DISTRICT'S WAIS MAILED A COPY OF THE DRAFT. I KNOW THEY WERE ON THE LIST TO RECENE THE NOP Comment 6-47 This comment piov~des a list of references and literature on the b~olog~cal s~gmficance of the project site and surrounding habitat area Response The list of references and literature will be made a part of the administrative . record The Planning Comm~ss~on and City Council will review the proposed project mcludmg the environmental impact report and its findings, hold heanngs and take public testimony, and weigh all of the evidence, mcludmg wntten public comments received on the Draft EIR and lead agency responses, pnor to taking an action on the project Comment 6-48' This comment states that the City plans to allow horses into the North EUwanda Preserve and that this should not be allowed Response The concept of allowing equestnan use m the North Et~wanda Preserve area has not been fpnnally proposed by the City of Rancho Cucamonga. As such, this concept ~s speculative and cannot adequately be addressed m the E1R for the Henderson Creek project. At such time as such a proposal ~s formalized, a sepazate environmental review would be conducted specific to that proposal Comment 6-49 This comment states that impacts to state and federal listed species require full and complete mrtigat~on and do not have prov~s~ons to be ovemdden by the City Council and that destroyed habitat must be replaced with tike habitat Response The project site has been surveyed and was found not to contain any listed or threatened species, and that the habitat found on-site pnor to the fire, that would be disturbed by the project ~s not considered by the resource agencies to be important Therefore, the replacement of the Upland sage scmb habitat to be lost with a higher quality of habitat (albeit a npanan/chapana] mix) ~s ~-L, N 1 l I 43 considered by the project b~olog~st and the County Museum staff, to be . adequate The RAFSS habitat located on-site would not be disturbed by the proposed project as ~t occurs m an azea that would not be developed with res~denttal lots, but would remain within the Flood Control easement Comment 6-50 This comment states that the Draft EIl2 fails to adequately idenrify the cumulative impacts to biological resources Response As stated on page 5-6 of the Draft EIR, cumulattve rmpacts to biological resources are mrt~gated through the purchase and set aside of habitat located m the NEOSHPP. According to the NEOSHPP, it ~s not anticrpated that the project site will be used for future preservation However, the apphcant rs still requrred to mitigate the loss of acreage The project would replace the loss of Upland sage scrub habitat (a vegetation type that ~s not considered to be as important as RAFSS) with a ]eke amount ofnpanan and chaparral mix. Based on the fact that the project site ~s not recognized as containing quality habitat and the fact that the apphcant has agreed to purchase acreage that contarns better habitat than ~s currently found on-site, the project would not contnbute to s~gmficant cumulative impacts to b~olog~cal resources Comment 6-51 This comment states that the Draft EIR fails to identify and quantify the projects approved by the City that have reduced biological resource levels to below s~gmficant levels Response The number of acres and locations where development project have purchased mitigation land ~s ultimately between each developer and the resource agencies and ~s established dunng consultation between the two Where the lands will be preserved and managed, and how many acres of mrt~gation land would compensate for the loss, ~s established on a case-by-case bans depending on the quality of habitat lost to each development proposal As of December 2003, 2,559 acres of land in the NEOSHPP have been purchased and set aside, with an add~t~ona] 429 acres in negot~at~on including the 58 acres proposed by the apphcant This includes all development projects where the consultation has been completed, but does not likely include all of the projects listed m Table 5- l,because many of these may still be in consultation Comment 6-52 This comment states that the Draft EIIt fails to adequately identify and quantify the past duect and cumulative loss of blue-line streams wrtlun the pre- mcorporation area of the City Response The project site does not affect any blue line streams Comment 6-53 This comment states that the Draft EIR fails to identify and descnbe the approval process that will be done for the project z-~, N I12 44 • Response Please see pages 3-12 and 3-13 of the Draft EIR for a list of Required Agency Review, Permits and Approvals for the proposed protect Comment 6-s4. This comment states that the Draft EIl2 fails to adequately identify and fully descnbe the delmeat~on of all the land, which the City plans to annex at the same time and/or m connecrion with the approvals for this instant protect The Draft EIR ~s deficient because rt fails to identify all s~gmficant adverse impacts at this Ume Response. Please see page 3-1 of the Draft EIR, under Sechon 3.2 Local Settrng, for a d~scuss~on of the four annexations being processed (mcludmg Henderson Creek) In add~t~on, Figure 3-2 on page 3-3 of the Draft EIR shows the four protects m relation to each other Comment 6-ss This comment states that the Draft E1R fails to adequately identify and descnbe off-site and mduect impacts caused by the project, mcludmg water supply, off- s~te water infrastructure, and edge effects to sensitive b~olog~cal lands Impacts ansmg from construction of infrastructure must be fully analyzed. Response Water supply issues are addressed on page 4 9-2 m Section 4 9 of the Draft EIR Infrastructure for the project's water supply ~s currently available for the protect from a 12-inch main located m Wardman-Bullock Road In addition, the . Cucamonga County Water D~stnct (CCWD), the local water purveyor ~s planning to construct a water tank neaz the site to support growth m the azea Edge effects associated with res~dent~al development adjacent to undeveloped land, can have adverse impacts to b~olog~ca] resources However, this project site abuts two powerlme easements (north and south of the project site) that will act as buffers between the site, and undeveloped areas In addition, a block wall will separate the project site from adjacent Flood Control ]and, mm~mrzmg access of project residents to these open space areas Comment 6-s6 This comment states that the Draft EIIt fails to adequately ~dent~fy, quantify and descnbe impacts from the compazative developments from which pnor (and relied upon) E1Rs were based The use of table and charts for this purpose is mandated by CEQA for companng impacts Response For the purposes of this comment, ~t rs assumed that comparative developments are the same as cumulative developments or projects Table s-1 of the Draft EIR lists the cumulative projects identified for a reasonable radius around the project site m order to evaluate cumulative impacts In addition, Figure s-1 shows the location of the proposed projects presented m Table s-1 • ~-L, ~ ~~3 as Comment 6-57 This comment states that the Draft EIIt fails to adequately descnbe why the • proposed project ~s not mitigating each of the project impacts to below a level of significance Response As presented at the end of each impact discussion m Sections 4 1 through 4-11, and again m Table 2-1 of the Summary Chapter (2 0), all impacts identified for the proposed project can be m~t~gated to less than significant levels except for air-quality impacts associated with construction which is considered a short- term, temporary impact Comment 6-58 This comment states that the Draft EIR fails to adequately ~dent~fy and analyze traffic impacts from the project and cumulative projects to regional roadways and }nghways Response Section 4.2 of the Draft EIR contains a summary of the Traffic Study, which is included m its entiiety m Appendix B of the Draft EIIt. Project specific impacts are addressed as are impacts from cumulative projects as regwred by the City and the San Bemardmo Associated Governments (SANBAG) the agency responsible for admimstenng the County's Congestion Management Plan Comment 6-59 This comment states that full and complete mrt~gation ~s requued. Response A Mitigation Momtonng Program ~s included m the Draft EIR m Chapter 9 0 . As required by CEQA, the City must adopt the MMP when cert~fjang the EIl2 for a project Tlie MMP includes prov~s~ons for momtonng including frequency of momtonng or reporting, the method of venficat~on, and sanctions for non- compl~ance Comment 6-60 This comment is a request to remain notified by the City regarding the project and any other proposals m the West Valley Foothills area Response The Sage Council will remain on the mailing list for projects wrthm the City of Rancho Cpcamonga. However, please be advised that the City cannot be responsible for notification ofpro~ects outside rts ~unsd~ction r1 U 46 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: SUBTT16324/Henderson Creek, This Mitigation Monitoring Program (MMP) has been prepared for use m implementing the mitigation measures identified in the Environmental Impact Report for the above-listed protect This program has been prepared m compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMPlcontains the following elements 1 Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported 3 The MMP has been designed to provide focused, yet flexible gwdelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the protect The protect planner, assigned by the City Planner, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City m performing monitoring or reporting programs shall be charged to the applicant A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified m the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the protect file with the department having the original authority for processing the pro/ect Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Ex ~~ 13 s ~" Mitigation Monitoring Program SUBTT16324 Page 2 3 Appropriate specialists wdl be retained if technical expertise beyond the City staffs is needed, as determined bythe protect planneror responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the protect planner 4 The protect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the speafic phase of development 5 All MMP Reporting Forms for an impact issue regwring no further monitoring wdl be signed off as completed by the protect planneror responsible City department at the bottom of the MMP Reporting Form 6 Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements or additions An MMP Reporting Form wdl be completed bythe protect planneror responsible Citydepartment and a copy provided to the appropriate design, construction, or operational personnel The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occumng afterwntten notification has been issued The protect planneror responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The protect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented 8 Any conditions (mitigation) that require monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time In those instances requiring long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the protect site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to knowwhether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of budding permits J `.J MITIGATION MONITORING CHECKLIST • Project File No.: Tentative Tract 16324 Applicant: Henderson Creek Properties EIR Prepared by: City of Rancho Cucamonga Planning Department Date: February 20. 2004 H i r _~ Land Use andPlannin ~~~''~~• '?~,~_ - 9 ~ ~~ ~',n ~ ~:' ~ _ ` " ~ , ~ ~~ , f ~ -,~ yak, a ~< ws ~, ~e- r,a ~>n~ ,:~s.: LU-1 Prior to the issuance of grading permits, the protect CP B Reutew of C 2 proponent shall submit and obtain approval of a landscape Landscape Plans plan that demonstrates compliance with the City's neighborhood Theme Plan as contained in the Etiwanda North Specific Plan - LU-2 The protect proponent must pay an m-lieu fee to the CP B Pno>r to issuance C 2 City of Rancho Cucamonga for the development of an of grading permits equestrian center as speafied in the development agreement 'w~~;> Transportation/Circulation ".;;"'`J`~ ~ = "~: +'~ ~~ 's<cfi ~`> ~ ~~y"•~_g~~sy . ` T ~ ~;~s ;' ,c, ~.>; ~~; ~~ _ ,.°~ ,,t :~ . ; M t K V { LM . : • , TC-1 The developer shall partiapate m the phased CP B Prwr to issuance C 2 construction of off-site traffic signals through payment of of grading permits established fees TC-2 On-sde traffic signmg/striping shall be implemented m CE D Review of plans A/C 2,3 contuncdon with detailed construction plans for the protect TC-3 The developer shall construct W ardman-Bullock Road CE D Review of plans A/C 2,3 along the protect frontage at ds ultimate half-section width as a Collector roadway (66-foot right-of-way) in contuncdon with development, and complete the westedyportion of Wardman- Bullock Road from the south protect boundary to Wilson Avenue Improvements shall include curb/gutter, traffic signs, stnpmg, etc TC-4 Modify stop sign placement to control easUwestbound CE D Review of plans A/C 2,3 traffic at the intersection of Wardman-Bullock (NS) and Wilson Avenue (EW) TC-5 Install a Traffic Signal at the Etiwanda Avenue (NS) and CE D Review of plans A/C - 2,3 Banyan Street intersection The protect should contribute towards the cost of necessary study area improvements on a fair share or "pro-rate" basis 1 r "°+ ~i'~F~'~..~vT.d Air Quality -' : - ~ ~"F ;` ~.. iM°k:!~'tu K,~,. ,- w ~~' .•F~$Kt°~ ~~ „i , 9'-"-'gt+,~'A~,~~^,~' :+zna`4C ~~. ,~ _. ~ , . ., ~_. . ~ ~~x _, , AO-1 CP/BO C Throughout A 4 Dust Control canstrucbon • Limit the simultaneous disturbance area to as small an area as practical Terminate soil disturbance and accelerate dust control procedures when winds exceed 25 mph • Stabilize previously disturbed areas if subsequent construction is delayed Emissions • Reqwre 90-day low-NO, tune-ups for off-road equipment • Limit allowable idling to 10 minutes for trucks and heavy equipment Oft-Site Impacts • Encourage car-pooling for construction workers • Limit lane closures to off-peak travel periods • Park construction vehicles off traveled roadways • Wet down or cover dirt hauled ofi-site • Wash or sweep access points daily • Encourage receipt of construction matenals dunng non-peak traffic hours Noise ~ = :`~a~,~~ ~;~~ ,~ N-1 Construction contractors shall adhere to the City BO C Throughout A 4 Development Code for hours of construction activity - 6 30 construction am to 8 pm, Monday through Saturday No construction activity shall take place on Sundays or holidays N-2 The developer shall install air conditioning units as a BO D Review of plans A/C 2,3 standard to allow for window closure for future residences in the development that front on Wardman Bullock Road f , 3i ri"m" .`' a3N ~ .1u uqt.. fSH~uT ; ,,, . v ' 3" ~° "M .(+ w, ;~~ ~ ' '? 'it 'w'" tT ~ n~, ' '~ u +q~ `; k" ` ~ 4 ~' ~ 1"+~''' urJ,7~. ~,~~.`' . , Isl. ~ k~:~` ~ Rte'. ...3 'k1~t"d'^' ~ Sk nom''' .~.;~~~j ^~~ BiologtcaLResources. ~ ~ ~.~~~ °=~~~:` -, i i , ~~- x,, , ; , , k t ~~; > ~ ~° ~,. BIO-1 riorto issuance of grading permits the applicant shall CP B Review of plans B/C 2 negotiate with the County to determine the number of off-site I digadon lands that shall be conveyed tc CSA 70 far inclusion m the NEOSHPP • • .~ ~~~ 00 Biological Resources CP B R f l B/C 2 eview o p ans BIO-1 Prior to recording of the fust final map of the protect, the property owner shall transfer to the County of San Bernardino Special Districts OS-7 or other qualified conservation entity approved by the City, in fee, a minimum of 54-acres of off-site land for permanent open space and habitat preservation, along with funding in an amount to be mutually agreed upon bythe property owner and the conservation entity, to provide for long-term maintenance of said land The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the City Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the City Planner Geologic Problems GS-1 Prior to issuance of grading permits, the developer CE B Review of plans C 2 shall submit grading plans that incorporate the general earthwork and grading specifications for rough grading as set forth in the geotechnical report for the protect (Appendix D) GS-2 Prior to issuance of building permits, including CE B Review of plans C 2 permits for utilities, the developer shall submit development plans that incorporate the recommendations of the geotechnical report (Appendix D) for preliminary foundation work, utility trenching, and concrete slabs GS-3 All structures shall be built to Uniform Building BO B Review of plans C 2 Code and/or Structural Engineers Association of California standards for seismic safety Building officials shall review all plans at the time of submittal Public Health and Safety HS-1 The developer/builder shall consult with the Building BO B Review of plans C 2 Official to determine the optimum building materials and construction techniques to minimize wind damage to property as set forth in Division III, Chapter 16 of the Uniform Bwlding Code 4 H 1 _r ~- s • s .. ~zx ~k., .. -~''xriiP`YR~ Geologic Problems <r• ""`~ ~:~ "')@r7`~"'~S~Fr~j6.~a' ~ -C,T',.a'~,` _ - ~y .~~ 9 ~ ~~c"5€ ~ 'S ~ '~;^"t`5"-ft .~ rsnst,. ~~ ^ ,, ~ ,p . GS-1 Prior to issuance of grading permits, the developer CE B Review of plans C 2 shall submit grading plans that incorporate the general earthwork and grading specifications for rough grading as set forth in the geotechnical report for the protect (Appendix D) GS-2 Pnor to issuance of bmldmg permts, including permds CE B Review of plans C 2 for utilities, the developer shall submit development plans that incorporate the recommendations of the geotechnical report (Appendix D) f or preliminary foundation work, utility trenching, and concrete slabs GS3 All structures shall be built to Uniform Building Code BO B Review of plans C 2 and/or Structural Engineers Assoaation of California standards for seismic safety Building officials shall review all plans at the time of submittal Public Health and Safety ~ , .. W ,~; ;~ ~~ ` " ~ e~ ~ `~:,~ aw,.> ,- ~ ,, ~ ~„ ; ~ T~ ~, . ~,, .. , a k ~'r~: .~ , ¢ ~: - b HS-1 The developer/builder shall consult with the Building BO B Review of plans C 2 Official to determine the optimum bwldmg matenals and construction techniques to minimize wind damage to property as set forth in Division III, Chapter 16 of the Uniform Bulding Code HS-2: The home bulder/sales agent shall disclose to potential CP D Review of plans C 3 buyers, that the protect is in a High Wind Area This disclosure shall also be included in escrow papers or other mechanism for future buyers HS-3 See Mitigation Measure AO-1a for control of PMio CP/BO C Throughout A 4 emissions during grading and construction construction i r Z PubbcHealth~ariilrSa{etN;,(c~ o to d),L ~~,.,~~,t':,~. :r~, ~, ,,..°r, .,n u~ '',~, .. ,•~~~^~' ,~~"~,~;-.~. HS-4, Pnor to issuance of building permits, the applicant shall CP B Review of plans C 2 submit a landscape plan/fuel modification plan that shall contain the following details Zone 1 Landscaping and Fuel Treatment Zone 1 areas may be irrigated and/or temporarily irrigated ornamental firewise landscaping Single well-spaced trees and shrubs are allowed These trees and shrubs will be planted and maintained so that at matunty, their branches are_at least 10 feet from any structure The purpose of Zone 1 landscaping is tocreate anon-combustible plant zone for a minimum of thirty feet around each structure - _ _ Zone 2 Landscaping and Fuel Treatment Areas Zone 2 -~ - areas may be irrigated or non-irrigated firewise ornamental landscaping and/or native vegetation treated and maintained to Zone 2 Criteria The purpose of Zone 2 Fuel Treatment is to reduce the amount of combustible fuels to a level where wddland hre mtensdy is substantially reduced and to provide a safe zone for firefighters (defensible space) during their wddland fire protection efforts - Common Areas These areas shall be maintained as directed by the Landscaping Plan, and will be irrigated The grass, ground cover, and ornamental trees will add to the decor of this protect and will decrease the Tire hazard for property owners ,- . . s ~ ~ - - ~~ - ~ ' ~~~k. _ -s„~ •, emu.. .. ~c . ~~ , ,~: ~~; ' ," ~~r r ;_ -~ ^~ ~ r,•'~- ,, - _ ~ - - "a=~~'~,n Hydrology and WaterDuabty - , ,~.,;~ „ HWO-1 Prior to issuance of grading permits, the applicant CE B Review of plans D 2 shall submit to the Cary Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Dischargers Identification Number) shall be - submitted to the City Engineer forcoverage underthe NPDES General Construction Permit . Hydrology and Water Quality,(continued)y~ ` ~. ;~ `'~ ~ "' ` Y = - . ~;>~~ _ ' ~'~? ~ -~_ ,r ` _` - _ HWO-2 Prior to issuance of building permits, the applicant CE B Revtew of plans D 2 shall submit to the City Engineer for approval, a Water~uality Management Plan (WQMP) including a protect description and identifying Best Management Practices (BMPS) that well be used on-site to reduce pollutants from entenng the storm drain system to the maximum eMent practicable The WoMP shall identify the structural and non-structural measures consistent with the Guidelines For New Development and Redevelopment adopted by the City of Rancho Cucamonga June 2000 Key to Checklist Abbreviations H 1 _r Z l Responsible Person :Monitoring Frequency` ;' ~ ~ -' ,~~- Method of Verificatlo~~~ ~- ~~~~~ ~~c~»~h~ ~8anctlonsd ' ~ ~~ • ""'" ~,, ht , -"~, CDD -Community Development Director or designee A -With Each New Development A - On-site Inspection 1 -Withhold Recordation of Final Map CP -City Planner or designee B - Pnor To Construction B -Other Agency Permit /Approval 2 -Withhold Grading or Building Permit CE -City Engineer or designee C -Throughout Construction C -Plan Check 3 -Withhold Certificate of Occupancy BO - Bulding Oflicial or designee D - On Completion D -Separate Submittal (Reports /Studies /Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Deposit or Bonds FC -Fire Chief or designee 6 -Revoke CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTT16324 SUBJECT: TENTATIVE TRACT MAP APPLICANT: HENDERSON CREEK PROPERTIES, LLC NORTH OF W ILSON AVENUE, AT THE NORTHERLY END OF WARDMAN BULLOCK ROAD LOCATION: AT THE INTERSECTION OF COLONBERO ROAD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion ; 1 The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be requred by a court to pay as a result of such action The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obliga4ons under this conddion 2 Approval of Tentative Tract Map No SUBTT16324 is granted subtect to the approval of _/_/_ annexation 3 Copies of the signed Planning Commission Resolution of Approval No 04-60, Standard _//_ Conditions, 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 B. Time Limits 1 This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/_/_ Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval SC-1-04 i \plamm~g\final\pingcomm\subtti6324 conds 5-12 doc ~-~ t ' `~ ~~~ Protect No SUBTT16324 Comoleaon Date C Site Development 1 The site shall be d site plans, archite grading on fde m regulations, and 2 Prior to any use o of Approval shall 3 Occupancy of the State Fire Marsh submitted to the R to show complian 4 Revised site plan submitted for City 5 All site, grading, consistency prior building, etc) or p use has commen 6 Approval of this re other applicable time of bwlding p 7 Ii no centralized t all receptacles sh 8 All ground-mount located out of pub or masonry walls family residential 9 Street names sha adopted Street N 10 A detailed plan in control, in accord and approval prio street improveme fencing and drain a Local Feed with two-rat developer m b Local Feed veterinarian shall be gat c Local Feed distance of the street d For single f . least one m appropriate SC-1-04 eveloped and maintained in accordance with the approved plans which include _/~_ aural elevations, exterior materials and colors, landscaping, sign program, and the Planning Division, the conditions contained herein, Development Code the Etiwanda North Specific Plan f the protect site or business activity being commenced thereon, all Conditions _/_/_ be completed to the satisfaction of the City Planner facilities shall not commence until such time as all Undorm Building Code and _/_/_ al regulations have been complied with Prior to occupancy, plans shall be ancho Cucamonga Fue Protection District and the Bulding and Safety Dmston ce The buildings shall be inspected for compliance prior to occupancy s and building elevations incorporating all Conditions of Approval shall be _/_/_ Planner review and approval prior to the issuance of bwlding permits landscape, irngation, and street improvement plans shall be coordinated for _/~_ to issuance of any permits (such as grading, tree removal, encroachment, rior to final map approval in the case of a custom lot subdivision, or approved ced, whichever comes first quest shall not waive compliance with all sections of the Development Code, all _/_/_ City Ordinances, and applicable Community or Speatic Plans in effect at the ermitissuance rash receptacles are provided, all trash pick-up shall be for individual units with _/_/_ fielded from public view ed utility appurtenances such as transformers, AC condensers, etc ,shall be _/_/_ tic view and adequately screened through the use of a combination of concrete berming, and/or landscaping to the satisfaction of the City Planner For single- developments, transformers shall be placed in underground vaults II be submitted for City Planner review and approval in accordance with the _/_/_ aming Policy prior to approval of the Tinal map dicating trail widths, maximum slopes, physical conditions, fencing, and weed _/_/_ once with City Master Trail drawings, shall be submitted for City Planner review r to approval and recordation of the Final Tract Map and prior to approval of nt and grading plans Developer shall upgrade and construct all trails, including age devices, in conjunction with street improvements er Trails (i a ,private equestrian easements) shall, at a minimum, be Tenced _/_/_ I, 4-inch lodgepole "peeler" logs to define both sides of the easement, however, ay upgrade to an alternate fence material er Trail entrances shall also provide access for service vehicles, such as _/_/_ s or hay deliveries, including a 12-foot minimum drive approach Entrance ed provided that equestrian access is maintained through step-throughs er Trail grades shall not exceed 0 5% at the downstream end of a trail fora _/_/_ 25 feet behind the public right-oi-way line to prohibit trail debris from reaching Drainage devices may be regwred by the Building Official amity residential development within the Equestrian/Rural Overlay District, at _/_/_ odel home shall be provided with a constructed 24-toot by 24-foot corral with - fencing 2 i \planning\6nal~pingcomm~subtt16324 conds 5-12 doc ~ ~ L , N ~~~ Project No SUBTT16324 Completion Date 11 The Covenants, Conditions, and Restrictions (CC&Rs) shall not prohibit the keeping the egwne _/_!_ animals where zoning requrements for the keeping of said animals have been met Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors of homeowners' associations for amendments to the CC&Rs 12 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_!_ Homeowners' Association are subject tc the approval of the Planning and Engineering Divisions and the City Attorney They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first A recorded copy shall be provided to the City Engineer The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes 13 All parkways, open areas, and landscaping shall be permanently maintained by the property _/~_ homeowners' association, or other means acceptable to the City Proof of this landscape owner , maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of bulding permits 14 The developer shall submit a construction access plan and schedule for the development of all ~_/_ lots for City Planner and City Engineer approval, including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, antl security fencing 15 Six-toot decorative block walls shall be constructed along the protect perimeter If a double wall _/_/_ condition would result, the developer shall make a good faith effort to work with the adfoining property owners to provide a single wall Developer shall notify, by mail, all contiguous property ' s owner at least 30 days prior to the removal of any existing walls/ fences along the profect perimeter 16 Construct block walls between homes (i a ,along interior side and rear property lines), rather than _/_/~ wood fencing for permanence, durability, and design consistency 17 Access gates to the rear yards'shall be constructed from a material more durable than wood _/_/_ gates Acceptable materials include, but are not limited to, wrought iron and PVC 18 For residential development, return walls and corner side walls shall be decorative masonry _/_/_ 19 Slope fencing along side property lines may be wrought uon to maintain an open feeling and _/_/_ enhance views 20 On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk The _/_/_ 5-Toot wall/fence setback and the parkway shall have landscape and irrigation in addition to the regwred street trees Detailed landscape and urigation plans shall be submitted for City Planner review and approval prior'to issuance of building permits The parkway landscaping including trees, shrubs, ground covers and irrigation shall be maintained by the property owner The developer shall provide each prospective buyer written notice of the parkway maintenance requirement, in a standard format as determined by the City Planner, prior to accepting a cash deposit on any property 21 Where rock cobble is used, it shall be real river rock Other stone veneers may be manufactured _/_/_ products D. Bui lding Design 1 For all residential development, provide conduit from each uniUlot and a pull box to connect to the _/_/_ street Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB) Plans shall be submitted for City Planner and Building . Official review and approval prior to issuance of bulding permits SC-1-04 3 i \planningVinalipingcomm\5ubtt16324 conds 5-12 doc ...V -~ i 1 'l I `~~ Protect No SUBTT16324 Comolellon Date Landscaping 1 A detadedl the case o submitted final map a 2 All private s slope, shat control SI installed by 3 All private slope shal follows on shrub per e in excess o larger size staggered include a p 4 For single- maintained and occup conducted 5 Front yard shall be in • 6 The imal d the require coordinate Engmeenn 7 Landscape perimeter 8 All walls sh design sha 9 Landscape Xenscape F. Environment 1 The develo Crusher pr deposit on 2 The develo Studies Zo to acceptor 3 The develo in a stands • property SC-1-04 andscape and irrigation plan, including slope planting and model home landscaping 1n _/_/_ f residential development, shall be prepared by a licensed landscape architect and for City Planner review and approval prior to the issuance of building permits or prior pproval in the case of a custom lot subdivision lopes of 5 feet or more in vertical height and o15 1 or greater slope, but less than 2 1 ~_/_ I be, at minimum, irrigated and landscaped with appropriate ground cover for erosion ope planting required by this section shall include a permanent irrigation system to be the developer prior to occupancy slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater _/___J_ I be landscaped and irrigated for erosion control and to soften their appearance as e 15-gallon or larger size tree per each 150 sq it of slope area, 1-gallon or larger size ach 100 sq ft of slope area, and appropriate ground cover In addition, slope banks f S feet in vertical height and 2 1 or greater slope shall also include one 5-gallon or tree per each 250 sq it of slope area Trees and shrubs shall be planted in clusters to soften and vary slope plane Slope planting required by this section shall ermanent irrigation system to be installed by the developer prior to occupancy family residential development, all slope planting and irrigation shall be continuously _/_/_ in a healthy and thriving condition by the developer until each individual unit is sold led by the buyer Prior to releasing occupancy for those units, an inspection shall be by the Planning Division to determine that they are in satisfactory condition and corner side yard landscaping and irrigation shall be required Thts requirement _/_/_ addition to the required street trees and slope planting esign of the perimeter parkways, walls, landscaping, and sidewalks shall be included to l d _/_/ an d landscape plans and shall be subject to City Planner review and approva d for consistency with any parkway landscaping plan which may be required by the g Division rig and irrigation systems required to be installed within the public right-of-way on the _/_/_ of this project area shall be continuously maintained by the developer all be provided with decorative treatment Ii located in public maintenance areas, the _/_/_ II be coordinated with the Engineering Division rig and irrigation shall be designed to conserve water through the principles of _/_/_ as defined in Chapter 19 16 of the Rancho Cucamonga Municipal Code al per shall provide each prospective buyer written notice of the Fourth Street Rock _/_/_ oject in a standard format as determined by the City Planner, prior to accepting a cash any property per shall provide each prospective buyer written notice of the City Adopted Special _/_/_ ne for the Red Hill Fault, in a standard format as determined by the City Planner, prior g a cash deposit on any property per shall provide each prospective buyer written notice of the 210 and I-15 Freeways _/_/_ rd format as determined by the City Planner, prior to accepting a cash deposit on any i \planning\tinal~pingcomm\subtt16324 conds 5-12 doc ~ _ ~ ~ ~ \ 11..5 Protect No SU8TT16324 Comolehon Date Mitigation measures are required for the protect The applicant is responsible for the cost of implementing said measures, including monitoring and reporting Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $1,00000 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds maybe used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions regwred by the approved environmental documents shall be considered grounds for forfeit G. Other Agencies The applicant shall contact the U S Postal Service td determine the appropriate type and location of mailboxes Multifamily residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subtect to City Planner review and approval prior to the issuance of building permits APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING i ONDITIONS: NOTE• ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements I Submit five complete sets of plaris including the following a Site/Plot Plan, b Foundation Plan, c Floor Plan, d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g Planning Division Protect Number (i e , SUBTT #, SUBTPM#, DRC #) clearly identified on the outside of all plans 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report Architect's/Engineer's stamp and "wet" signature are regwred prior to plan check submittal 3 Contractors must show proof of State and City licenses and W orkers' Compensation coverage to the City prior to permit issuance 4 Separate permits are required for fencing and/or walls 5 Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Bwlding and Safety Division staff for information and submittal regwrements Site Development Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the protect file number (i e , SUBTT16324) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in SC-1-04 / / / / / / -/-/- / / / / / / _/_/~ i \planning\hnal\pingcomm\subtt16324 conds 5-12 doc ~~ L) N 1 Project No SUBTT16324 Comolelion Date effect at the time of permit application Contact the Building and Safety Dwision for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new residential protect or mafor addition, the applicant shall pay development fees at the established rate Such fees may include, but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demclition Diversion Program deposit and tees and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Dwision prior to permit issuance 3 Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits' 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday through Saturday, with no construction on Sunday or holidays New Structures 1 Roofing material shall be installed pier the manufacturer's "high wind" instructions 2 Roofing matenais shall be Class "Af" K. Grading 1 Grading of the subfect property shall be in accordance with California Building Code, City Grading Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan . 2 A soils report shall be prepared by a qualified engineer licensed by the State of Calfornia to perform such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Bwlding and Safety Official prior to the issuance of building permits 5 As a custom-lot subdivision, the following requirements shall be met a Surety shall be posted and an agreement executed guaranteeing completion of all on-site drainage facilities necessary for dewatering all parcels to the satisfaction of the Bwldinc and Safety Offical prior to final map approval and prior to the issuance of grading permits b Appropriate easements for safe disposal of drainage water that are conducted onto or over adfacent parcels, are to be delineated and recorded to the satisfaction of the Building anc Safety Official prior to the issuance of grading and bulding permits c On-site drainage improvements, necessary for dewatering and protecting the subdiwdec properties, are to be installed prior to issuance of building permits for construction upor any parcel that may be subfect to drainage flows entering, leaving, or within a parce relative to which a bulding permit is requested d Final grading plans for each parcel are to be submitted to the Building and Safety Divisior for approval prior to the issuance of grading and building permits (this may be on ar incremental or composite basis) SC-1-04 -~-~- ~-~- -~-~- -~-~- ~_~_ _/J_ / / _/~- ~-~- ~-~- ~-~- / / / / / / i \planningVma~pingcomm\subti16324 conds 5-12 doc ~~ ~~ ' `~ 1 (..~~ Pro)ect No SUBTr16324 Comoletion Date e All slope banks in excess of 5 feet in vertical height shall be seeded with native grasses or /_/_ planted with ground cover for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the Bwlding and Safety Official In addition, a permanent irrigation system shall be provided This regwrement does not release the applicanUdeveloper from compliance with the slope planting requirements of Section 17 08 040 of the Development Code 6 A separate grading plan check submirial is required for all new construction protects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Cfvd Engineer APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: L. Dedication and Vehicular Access 1 Rights-oi-way and easements shall be dedicated to the City for all interior public streets, _/_/_ community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map Private easements Tor non-public facilities (cross-lot drainage, local feeder trails, etc) shall be reserved as shown on the plans and/or tentative map 2 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from ~_/_ street centerline) 33 feet total feet on W ardman Bullock Road /-/- 3 Corner property line cutoffs shall be dedicated per City Standards _/_/~ 4 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map 5 All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the /_/_ final map 6 The developer shall make a good faith effort to acquire the required oft-site property interests _/_/_ necessary to construct the required public improvements, and ii he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Sections 66462 and 66462 5 at such time as the City decides to acquire the property interests required for the improvements Such agreement shall provide for payment by the developer of all costs incurred by the City if the City decides to acquue the off-site property interests required in connection with the subdivision Security for a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost The appraiser shall have been approved by the City prior to commencement of the appraisal This condition applies in particular, but not limited to Wardman Bullock Road (from southerly boundary to Wilson Avenue) M. Street Improvements 1 All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped _/_/_ areas, etc) shown on the plans and/or tentative map shall be constructed to City Standards Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, streetlights, and street trees SC-1-04 7 T-~, N 12~ i \piannmg\final\pingcomm\subtt16324 conds 5-12 doc Protect No SUBTT76324 Completion Date 2 Pursuant to Clty Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment 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 or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements requved by these conditions of approval of development 3 Construct the following perimeter street improvements including, but not limited to Street Name Curb 8 Gutter AC. Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other Wardman Bullock Road X X X X X Colonbero Road X X X X X Streets A, B, C, D, E, F, G, H, and X X X X X X Improvement Plans and Construction a Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first b Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be installed with any new construction or reconstruction protect 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 ~) 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 galvanized steel with pull rope or as specified Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer 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 Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots SC-1-04 8 =-~, N 12`~ / ~ -~-~- / / -~-~- / / / / / / / / / / i \planning\final\pingcomm\subttt6324 conds 5-72 doc Project No SUBTT16324 h Street names shall be approved by the City Planner prior to submittal for ilrst plan check 5 Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program 6- Install street trees per City street tree design gwdelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of th'e street improvement plans Street improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1) " Where public landscape plans are regwred, tree installation in those areas shall be per the public landscape improvement plans The Cary Engineer reserves the right to adjust tree species based upon field conditions and other variables For additional information, contact the Protect Engineer Min Grow Street Name Botanical Name Common Name Space Spacing Size oty SEE ATTACHED SEE ATTACHED SEE ATTACHED Construction Notes for Street Trees 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement Hof any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may require backiill soil amendments, as determined by the City inspector 3) All street trees are subject to inspection and acceptance by the Engineering Division. 4) Street trees are to be planted per public improvement plans only Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy On collector or larger streets, lines of sight shall be plotted for all prolect intersections, including driveways Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as regwred N. Public Maintenance Areas 1 A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of bwlding permits, whichever occurs first The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District Lots "A" and "B ° 2 Public landscape areas are regwred to incorporate substantial areas ( % of mortared cobble or other acceptable non-Irrigated surtaces 3 A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Distracts shall be fled with the City Engineer prwr to final map approval or issuance of budding permits whichever occurs first Formation costs shall be borne by the developer 4 All required public landscaping and Irrigation systems shall be continuously maintained by the developer until accepted by the City O. Drainage and Flood Control 1 It shall be the developer's responsibility to have the current FIRM Zone'D' designation removed from the prolect area The developer shall provide drainage and/or flood protection facilities sufficient to obtain an unshaded "X" designation The developer's engineer shall prepare all necessary reports, plans, and hydrologic/hydraulic calculations A Conditional Letter of Map Revision (CLOMR) shall be obtained from FEMA prior to final map approval or issuance of 5~-,-04 T ~, t~ 1 ~ 9 Completion Date / / _/_/~ / / / / C~ / / / / / / / / / / i \planning\final\pingcomm\subn16324 conds 5-12 doc Project No SUBTT16324 Completion Date building permits, whichever occurs first A Letter of Map Revision (LOMR) shall be issued by FEMA prior to occupancy or improvement acceptance, whichever occurs first 2 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 3 Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adtacent areas 4 A permit from the San Bernardino County Flood Control District is requred for work within its right-of-way , 5 Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk P. Utilities , Prowde 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 p(owded as regwred 2 The developer shall be responsible for the relocation of ewstmg uhldies as necessary 3 Water and sewer plans shall be;designed and constructed to meet the requrements of the Cucamonga County Water District (CCW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Departmerit of the County of San Bernardino A letter of compliance from the CCW D 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 tinal map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential protects. 4 Approvals have not been secured from all utilities and other interested agencies involved Approval of the final parcel map will be subtect to any requirements that may be received from them Q. General Requirements and Approvals Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance rf no map is involved Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engmeenng Diwsion when the first budding permit application is submitted to Budding and Satety Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition protect APPLICANT SHALL CONTACTTHE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-, -oa -~-~- / / -/_J_ / / ~-~- -/~ -~-~ / / / / i \planning\final\pingcomm\subtt16324 conds 5-12 doc CITY OF RANCHO CUCAMONGA ' ENGINEERING DIVISION • STREET TREE R DATE: 8-12-03_ T0: COMMENTS PREPARED BY: PROJECT: SUBTT16324 WILLIE VALBUENA, ASSISTANT ENGINEER DAWN ROURK, CONTRACT LANDSCAPE PLAN CHECKER LOCATION: W/S WARDMAN-BULLOCK RD, N/O WILSON AVE DESIGN NOTES: 1, STREET TREES ON NEW STREETS ARE TO BE SELECTED FROM THE CITY'S APPROVED STREET TREE LIST, BASED UPON AVAILABLE PLANTING AREA (TYPICALLY BETWEEN BACK-OF-CURB AND THE SIDEWALK). ESTABLISHED STREETS SHOULD ALREADY HAVE DESIGNATED TREE SPECIES CONTACT THE ENGINEERING DIVISION, LANDSCAPE SECTION AT 909-477-2740 FOR ADDITIONAL INFORMATION. 2 ENGINEER, AND CONSTRUCTEDWPER THE SAME R OTHER PUBLIC IMPROVEMENT PLANS SIGNED BY THE CITY 3, STREET TREES SHOWN ON PLANNING DIVISION SUBMITTALS ARE CONCEPTUAL ONLY 4, INTERIOR STREETS WILL BE REQUIRED TO SELECT DECIDUOUS TREES FOR EAST-WEST STREETS AND EVERGREEN TREES FOR NORTH-SOUTH STREETS FROM THE CITY'S APPROVED STREET TREE LIST. WIND-PRONE AREAS MAY BE REQUIRED TO UTILIZE A MORE DECIDUOUS PALETTE 5 INDICATED SPACINGS AND SIZES ARE REQUIREMENTS FOR CITY-MAINTAINED TREES ONLY WHERE THE TREE CONCEPT GOES BEYOND AREAS OF INFLUENCE NEAR PUBLIC IMPROVEMENTS AND/OR ANY CITY MAINTENANCE EASEMENT, SPACINGS AND SIZES WILL BE PER THE ON-SITE PLANS APPROVED BY THE PLANNING DIVISION. ON-~ • AND OFF-SITE PLANS SHALL BE COORDINATED. g STREET IMPROVEMENT PLANS SHALL REFLECT THE LEGEND AND NOTES INDICATED BELOW. IN SOME CASES, WHEN DETAILS ABOUT PARKWAY SIZES OR UTILITIES ARE UNAVAILABLE AT THE TIME OF CONDITIONING, OPTIONS ARE PROVIDED FOR VARIOUS SITUATIONS IT IS THE DESIGNER'S RESPONSIBILITY TO ASCERTAIN THE CONTEXT OF THE TREE PLANTING, SELECT THE APPROPRIATE TREE OPTION, AND OMIT ANY ERRONEOUS INFORMATION ON THE FINAL LEGEND 7 STREET TREES SHALNBE NS ALLED PERFTHE NOTES AIND LEGIEND ON SHEET TRUCT~IOYP CALLYNSHEET 1ATE ~„ BOTAN CAL°Nl `r,COMNI~NAME~~? _ 1 -G 0~ ~S V"C N -- - ~~ K~S PROVIDE STREET NAME APPROVED STREET TREE LIST FOR RANCHO CUCAMONGA 3P ST EACH STREET AS A SEPARATE LINE ITEM WITHIN THIS LEGEND STREET TREES LISTED BELOW ARE TO APPEAR ON LMD PLANS, LISTED FOR REFERENCE ONLY - NOT TO APPEAR ON STREET IMPROVEMENT PLANS 5' 20' 0 C 15 GAL FILL IN WARDMAN BULLOCK RD 60%Gepera parvdlora Australian Willow 30% Platanus racemosa California Sycamore 8' 35' 0 C 15 GAL 10% Pinus canariensis Canary Island Pine 8' 25' O C 15 GAL Lagerstoemia indica Crape Myrtle Hybrid 3' 20' 0 C 24" BOX ACCErJT g~ECT FROM APPROVED VARIETIES ~ -z- ~ I N 132 IREMENT FORM LAST UPDATED 6/3/03 RANCHO CUCAMONGA FIRE DISTRICT Standard Conditions January 5, 2004 Henderson Creek FJO Wardman Bullock @ Dona Wy S/O Henderson Creek Tentative Resrdenhal Tract SUBTTI6324 FIRE STANDARD CONDITIONS The following items are listed only as information to the applicant regarding procedures and requirements as they relate to this project. FSC-1 General Requirements for Public and Private Water Supply 1. General Guidance for Fire Hydrants: The following provides general guidance Tor the spacing and location of tare hydrants Remember these are the maximum permitted distances between Tire hydrants a The maximum distance between fire hydrants in commercial/industrial protects is 300-feet No portion of the exterior wall shall be located more than 150-feet from an approved fue hydrant For cul-de-sacs the distance shall not exceed 100-feet b The maximum distance between tare hydrants in multi-family residential is 400-feet No portion of the exterior wall shall be located more than 200-feet from an approved tare hydrant For cul-de-sacs the distance shall not exceed 150-feet c The maximum distance between fire hydrants in single-family residential protects is 500-feet No portion of the exterior wall facng the addressed street shall be more than 250-feet from an approved fire hydrant For cul-de- sacs the distance shall not exceed 200 ft d For single-family residential protects in the designated Hazardous Fire Area the maximum distance between fire hydrants is 400-feet No portion of the exterior wall facing the addressed street shall be more than 200-feet from an approved fire hydrant F'or cul-de-sacs the distance shall not exceed 150 tt e Fire hydrants are to be located 1 At the entrance(s) to a protect from the existing public roadways This includes subdivisions and industrial parks 2 At intersections 3 On the right side of the street, whenever practical and possible 4 As required by the Fire Safety Division to meet operational needs 5 The location of fue hydrants is based upon the operational needs of the Fire District to control a fire 6 Fue hydrants shall be located a minimum of forty-feet (40') from any building Contact the Fue Construction Services 909 477-2713 2. Minimum Fire Flow: The required minimum fue flow for this protect is undetermined until square footage of proposed homes are given This requirement is made in accordance with Fue Code Appendix III-A, as amended, and Fire District Ordinances and Standards ~ = ~, N 133 RANCHO CUCAMONGA FIl2E DISTRCT STANDARD CONDTI'IONS - SUBTT16324 January 5, 2004 3. Hazardous Fire Area: The required minimum fire flow for structures located in the designated hazardous fire area shall be not less than 1750 gpm at 20 p s i residual For structures in excess of 3600 square feet use Table A-III-A-1 This flow may be reduced when the structure is protected by an approved automatic fire sprinkler system Contact the Fire Construction Services (909) 477-2713 4. Hydrants Used to Supply Fire Flow: Public tare hydrants located within a 500-foot radius of the proposed protect may be used to provide the requred fire flow subtect to Fire District review and approval Private fire hydrants on adtacent property shall not be used to provide regwred fire flow 5 Show Existing Fire Hydrants and Mains Existing fire hydrants and mains within 600-feet of the protect shall be shown on the water plan submitted for review and approval Include main size 6. Single-Tamely Residential Plans. For single-tamely residential and accessory structures show all fire hydrants located within 600-feet of the proposed protect site FSC-2 Automatic Fire Sprinkler Systems-Technical Comments 1. Hazardous Fire Area Installations: The following buildings constructed in the designated Hazardous Fire Areas (wildland intertace areas shall be provided with an approved automatic tue sprinkler system a All structures that do not meet Fire District access requirements (See Fire Access) b When required fire flow cannot be provided due to inadequate flow or pressure FSC-3 Fire Distract Site Access- Technical Comments 1. Access Roadways Defined. Fire District access roadways include public roads, streets, and highways, as well as private roads, streets, drive aisles and designated fire lanes 2 Location of Access: All portions of the structure or facility or any portion of the exterior wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the bwlding Landscaped areas, unpaved changes in elevation, gates, and fences are an obstruction 3. Vegetation• Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14-feet, 6- inches from the ground up, so as not to impede fue vehicles 4 Mitigate or Correct Access Problems: Amend the proposed site access to accommodate Fire District emergency vehicle access or provide Fue District approved mitigation Any proposed mitigation measures are subtect to the approval of the Fire District and other agencies having turisdiction FSC-4 Hazardous Frre Area Designated Hazardous Fire Area: Thrs protect rs located wrthm the "State Responsrbdity Area" (SRA), the "Very High Fire Hazard Seventy Zone" (VHFHSZ), Crty of Rancho Cucamonga "Hrllstde Dastncr," or wrthm the area rdentified on the Rancho Cucamonga Genera] Plan, Exhrbrt V-7 as Hceh Probabdrty-Hreh Consequence for Fire R7sk These locations have been detertrirned to be wrtlun the "Hazardous Fue Area" as defined by the Frre Drstnct Thrs determmatron rs based on maps produced by the Calrfomra Department of Forestry and Frre Protectron and the Crt of Rancho Cucamon a 1 Hazardous Fire Area Development Hazardous Fire Area Development Place a note on the plans statinc7 -Prior to the issuance of a bwlding permit, the applicant shall meet all requirements for development and construction within the designated "Hazardous Fire Area " The minimum standard adopted by the Fire District and the City of Rancho Cucamonga is contained in the County Fire Safety Overlay District Standards This standard includes provisions for th followin r~ ~-~, N I~ ~~ RANCHO CUCAMONGA FIRE DISTRCT STANDARD CONDITIONS - SUBTTI6324 January 5, 2004 a Class A roof assemblies, b Fuel modification/hazard reduction plans, c Approved Fire District access roadways, d One-hour tue-resistive construction with protected openings may be requred, e Fire sprinkler system may be required, f The required fue flow of minimum duration shall be provided from an on-site water supply g Visit www co san-Bernardino ca us/landuseservices/DevCode/805-Overlav%20Districts odf, for an Adobe copy The regulations are contained in Chapter 2- Hazard Protection, Article 2- Fire Safety (FR) Overlay Distract 2. Construction Standards: Summary of construction requirements for the Hazardous Fire Area a The root shall be aClass Afire-resistive assembly approved by Building and Safety Fire-retardant Class A wood shakes and shingles shall have completed a 10-year "natural" weathering test Class A roof assemblies shall be installed in accordance with their listing and manufacturer's instructions b The space between rafts at exterior walls shall be solidly filled with tight-Titling wood blocks at one and one-half (1-1/2) inches thick May be "boxed" c The exposed surface of exterior wall must be listed as one-hour tire-resistive construction d All exterior doors must be solid core or wood portions shall be solid core woad e All windows, sliding glass doors or glass insets in does shall be constructed of approved dual-pane glass f Cantilevered or standard type desks shall be constructed of 1) A minimum of at least one and one-halt (1-1/2) inch wood deck, and/or 2) Protected on the underside by materials approved for one (one) hour fire-resistive construction, and/or 3) Be of non-combustible materials, as defined in the Building Code g Patio covers attached or within 10-feet of a residential structure shall be constructed of materials not less than one-halt (1/2) inch Plastic, bamboo, straw, fiberglass, or wood-lattice less than one-half (1/2) inch are not permitted h All required fences adtacent to Tuel modification areas or wildland areas as conditions of approval for a protect shall be of non-combustible materials as defined in the Building Code Any fence within 10-feet of the fuel modification area or wildland area shall be non-combustible Beyond 10-feet the may be constructed of any approved material All other fences, including those on the interior of the protect are not subtect to this regwrement i Visit www co san-Bernardino ca us/landuseservices/DevCode/805-Overlay%20Districts odf, for an Adobe copy The regulations are contained in Chapter 2- Hazard Protectron, Article 2- Fire Safefy (FR) Overlay Drstnct 3 Perimeter Roadway Required. A roadway shall be provided along the protect perimeter exposed to a fire hazard or fuel modified area The roadway is to allow fire district vehicle access Such roadway shall be a minimum twenty (20) feet in width, with a grade not to exceed fourteen percent (14%), and capable of supporting fire fighting vehicles 4 Power-operated Equipment Use in a Hazardous Fire Area: Submit a "Fire Prevention and Control Plan" to the Rancho Cucamonga Fue Protection District, Fue Safety Division for review and approval The plan shall include fob location, specific fire tools to be maintained on-site, person(s) responsible for supervising the protect (on-site), method of reporting a fire (cell phone, etc ), City or County Permit Number, contractors license number, address, telephone number, etc 5 Fire District Approval Required for Equipment Use• No power-operated equipment, including mobile, stationary, or portable, shall be used without Fire Safety Division written approval 6. Combustible Vegetation: During the declared "fire season" or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, contact the Fire Protection District during normal business hours to determine ii "special fire protection measures" are required to operate power equipment Call (909) 477-2713, Monday through Thursday, between 7 00 AM and 5 00 PM The purpose of the call is to determine if extreme fue weather conditions are resent or ex ected to occur I-~, N 135 RANCHO CUCAMONGA h"IItE DISTRCT STANDARD CONDITIONS - SUBTT16324 January 5, 2004 7 Special Fire Protection Required: "Special fire protection measures" include, but are not limited to, a A stand-by water tender with operating pump, tested and maintained fire hose and nozzles b Pre-wetting of the site to avoid the production of sparks, i e ,contact between blades or tracks and rocks, etc c The Fire District requues the contractor to maintain a fire watch for a minimum of one-hour following cessation of operations each day d For welding, cutting or grinding clear away all flammable material from the area around such operation for a minimum distance of 10-feet A "hot-work" permit will be required e Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one Live (5) gallon backpack water pump-type fire extingwsher fully egwpped and ready for use at the immediate area during the operation FSC-5 Fuel Modification/Hazard Reduction Plan (Required Notes for All Maps and Plans) 1. Hazardous Fire Area: This protect is located in the "Hazardous Fire Area" based on proximity to or exposure urban- wildland intedace Mitigation measures are requued The building(s) shall be constructed in accordance with the standards contained in the San BernardinolCounty Fue Safety Overlay District- Area FR-1 or Area FR-2 2. Required Landscaprng Plans: Landscaping plans shall be submitted to the Fire Safety Division for review of proposed vegetation All groundcover, shrubs, plants, and trees are required to befire-resistive in accordance with three (3) published references Refer to the following web site http //www ucfpl ucop edu/l-Zone/XIV/vegetate htm for additional information The plant palette shall include the common name for all vegetation The landscaping plan shall identdy all native species proposed for retention 3. Preliminary Fuel Modification Plan: Prior to the issuance of a preliminary grading the applicant shall obtain the Fire District approval of a preliminary fuel moditication/hazard reduction plan and program The plan(s) shall be prepared by an indiwdual or firm qualified and expenenced m wddfue hazard mitigation planning a Show all property lines, contour lines, locations of proposed buildings or structures, b Show the 30-foot minimum defensible space for slopes less than 15% and 100-feet for slope 15% or more (Zone 1-Setback Zone) around the perimeter of each bulding or structure c Show each fuel modification zone (setback, irrigated, thinning, and interface thinning) d Show existing vegetation impacted by the requred fuel modification and, if available, proposed vegetation to be planted in the fuel modification area The preliminary plans should be sensitive to rare, threatened, or endangered species and the applicant must be prepared to address their disposition in the final plans e Include photographs of the area that show the type of vegetation currently existing, include height and density, and relationship to grade f Describe the fuel modification methods to be used for vegetation removal, if appropriate, i e ,mechanical or manual g Describe on the plan what exists up to not less than 600-feet beyond the site or development property line in all directions, i e ,built-up area, natural vegetation, roads, parks, green space, etc State on the plan who will have ultimate responsibility for maintenance of fuel modification zones 4. Final Fuel Modification Plan: Prior to the issuance of any building permit, the applicant shall obtain Fire District approval of a final fuel modification/hazard reduction plan and program The plan shall indicate the proposed means of achieving an acceptable level of risk to the structures by vegetation a Show each fuel modification zone (setback, irrigated, thinning, and interface thinning) Indicate locations of ermanent zone identification markers ~- ~, N 13t~ C RANCHO CUCAMONGA FIRE DISTRCT STANDARD CONDITIONS - SUBTTI6324 January 5, 2004 b Include irrigation plans and specifications c Attach a landscape plan The landscape plan must identify the location and type of supplemental plantings The plans and specd~cations shall include both the common and botanical names of new and existing plants within the fuel modification area Clearly indicate on the plans the disposition of impacted existing vegetation d The landscape plan shall include any special or specific maintenance intended for the site such as pruning, "lambing" up, mowing, etc e Describe the fuel modification methods to be used for vegetation removal, if appropriate, i e ,mechanical or manual f Describe on the plan what exists up to not less than 600-feet beyond the site or development property line m all directions, i e ,built-up area, natural vegetation, roads, parks, green space, etc g State on the plan who will ultimate responsibility for maintenance of fuel modification zones h Include on the Utle sheet any 1racVp ~oiect conditions of approval, CC&R's, and/or deed restrictions related to the site or final fuel modification area Include a copy of the approved preliminary fuel modification plans with this submittal i Provide an appropriate recorded document tiled with the County Recorder showing continued maintenance responsibility in the event of property transfer, change in membership of directors, change in CC&R's i ~ Maintenance responsibility requirements and appropriate recorded document filed with the County Recorder 5. Initial Inspection: Prior to the issuance of a building permit, the developer shall have completed, in cooperation with the Fire District, that portion of the approved fuel modrfication/hazard reduction plan determined to be necessary by the Fire District, before the introduction of any combustible materials into the protect area Approval is subtect to final on-site mspecuon 6. Final Inspection and Documentation: Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modification hazard reduction plan shall be installed The Fire District shall inspect and approve the completed fuel modification areas Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire District The CC&R's shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation subtect to (annual) triennial inspections 6 Phased or Temporary Plans: Phased protects or temporary fuel modification plans must meet the requirements for permanent plans and be approved by the Fire District 8 Single-family In-fill Protects. Fdr asingle-family dwelling protect located in the Hazardous Fire Area, a simplified landscaping/fuel modification plan may be acceptable The plan shall detail the defensible space Provide a minimum thirty-foot (30') space for slopes less than 15% and a minimum one hundred-feet (100') space for slopes of 15% or more Show proposed and/or existing vegetation ReTer to the following web site for further information- htip //www ucipl ucop edu/I-Zone/XIV/vegetate htm The Fire District can provide a single page sheet of standardized notes for inclusion on the construction plans Call (909) 477-2770 to obtain a copy, and to determine if your protect is eligible FSC-6 Single-tamely Residential Sales Models 1 Minimum Access and Water Residential sales model homes require approved Fire District vehicle access and water supply from a public or private water main system FSC-7 Alternate Materials and Methods The Fire Safety Division will review requests for alternate materials and methods within the scope of our authority The re uest must be submitted on the Fire District "A lication for Alternate Method" form alon with sir ortin documents z- ~, N 13~- RANCHO CUCAMONGA FIRE DISTRCT STANDARD CONDTTIONS - SUBTTI6324 January 5, 2004 PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1. Private/On-site Fire Hydrants: Prior to the issuance of any bulding permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District Plans and installation shall comply with Fire District standards Contac the Fire Safety Division for a copy of "Fire District Notes for Underground and Water Plans" 2. Public Fire Hydrants: Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District On the plan show all existing fire hydrants within a 600-foot radws of the protect 3. Public Installation: All required public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i a ,lumber, roofing materials, etc) Water District personnel shall inspect the installation and witness hydrant flushing The builder/developer shall submit a copy of the Water District inspection report to the Fire Safety Division Contact Water District to schedule testing 4. Hazardous Fire Area Construction. The building or protect is located within the designated Hazardous Fire Area All buildings and structures shall be constructed in accordance with the provisions of County Fire Safety Review Area (One or Two) [FR-1/FR-2] standards In the Hazardous Fue Area the applicant shall provide a modified one-hour fire- resistive exterior wall(s) based on exposure to unmodified native vegetation or potential exposure to embers or debns from awind-driven tire, as determined No vent openings are permitted on or in building components or surtaces that are parallel to any wall required to be constructed of modified one-hour fire-resistive construction 5 Hazardous Fire Area Development: Hazardous Fue Area Development Place a note on the plans stating -Prior to the issuance of a building permit, the applicant shall meet all requirements for development and construction within the designated "Hazardous Fue Area " The minimum standard adopted by the Fue District and the City of Rancho Cucamonga is contained in the County Fire Safety Overlay District Standards This standard includes provisions for the following a Class A roof assemblies, b Fuel modification hazard reduction plans, c Approved Fire District access roadways, d One-hour Tire-resistive construction tar exterior walls may be required, e The required fire slow of minimum duration shall be provided tram the public water system or an on-site water supply 6 Architectural Plans- Single-family Residential Hazardous Fire Area: Prior to the issuance of a building permit the applicant shall submit architectural plans for the review and approval of the Fue Safety Division The Fire Safety Division review is intended to ensure that conditions established during the development review have been included in the design of the protect 7 Fuel Modification Plan-Initial Inspection: Prior to the issuance of a building permit, the developer shall have completed, in cooperation with the Fue District, that portion of the approved fuel modification/hazard reduction plan determined to be necessary by the Fire District before the introduction of any combustible materials into the protect area Approval is subtect to final on-site inspection 8 Combustible Construction Lerier- Required Letter. Prior to the issuance of a bulding permd for combustible construction, the builder shall submit a letter to the Fue District on company lerierhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-site The roadway shall be maintained a all times T- ~,1y 13~ RANCHO CUCAMONGA FIRE DISTRCT STANDARD CONDITIONS - SUBTT16324 January 5, 2004 PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1 Hydrant Markers. All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Ranchc Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On private property these markers are to be maintained in good condition by the property owner 2. Fire Sprinkler System- Plans and Permit: Plans for the requued automatic fire sprinkler system shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fue Construction Services permd 3. Fire Sprinkler System- Final Inspection: Prior to the issuance of a Certificate of Occupancy, the tare sprinkler system(s) shall be tested and accepted by Fire Construction Services 4. Construction Access. Fue District access, a minimum 26-feet in width and 14-feet, 6-inches minimum clear height shall be provided These minimum clearances shall be maintained free and clear of any obstructions at all times, in accordance with Fire District Standards 5 Phased Construction: Each phase shall be provided with approved Fire District access roadways Dead-end roadways shall not exceed the maximum permitted by the Fire Code or Fue District standards 6. Address Single-family New single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background The numbers shall be internally or externally illuminated during periods of darkness The numbers shall be visible from the street When bwlding setback from the public roadway exceeds 100 feet, additional fl- inch numbers shall be displayed at the property entry 7. Required Landscaping Plans. Landscaping plans shall be submitted to the Fue Safety Division for review of proposed vegetation All groundcover, shrubs, plants, and trees are requued to be tue-resistive in accordance with at least three (3) published references Refer to the following web site for additional information- http //www ucfpl ucop edu/I- Zone/XIV/vegetate htm The plant palette shall include the common name for all vegetation The landscaping plan shall identify all native species proposed for retention Contact the Fue Construction Services (909) 477-2713 8 Fuel Modification Plan- Final Inspection and Documentation: Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modification/hazard reduction plan shall be installed The Fue District shall inspect and approve the completed fuel modification areas Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fue District The CC&R's shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation subject to (annual) triennial inspections ~- L , N ~3~ RESOLUTION NO 04-61 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHOCUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY OF RANCHO CUCAMONGA ENTER INTO DEVELOPMENT AGREEMENT DRC2003-00751, ASSOCIATED WITH TENTATIVE TRACT MAP SUBTT16324, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0225-084-04, 0226-081-09 AND 10, AND 0226-082-29 A Recitals 1 Henderson Creek Properties, LLC filed an application for Development Agreement DRC2003-00751, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subject Development Agreement isireferred to as "the application " 2 On the 12th day of May 2004, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 The subject property of the Development Agreement is legally descnbed herein 4 A true and correct copy of the proposed Development Agreement is attached as Exhibit "A" to this Resolution 5. The Planning Commission has reviewed and considered the associated Environmental Impact Report prepared for said protect 6 All legal prerequisites pnor 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 This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga 3 This Commission hereby finds that an Environmental Impact Report has been completed in compliance with the Califorrna Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, and further, that this Commission has reviewed and considered the information contained in said Environmental Impact Report 4 This Commission hereby recommends approval of the Development Agreement attached • hereto as Exhibit "A " 5 The Secretary to this Commission shall certify to the adoption of this Resolution ~-~..,1J ly0 PLANNING COMMISSION RESOLUTION NO 04-61 DEVELOPMENT AGREEMENT DRC2003-00751 - HENDERSON CREEK PROPERTIES, LLC . May 12, 2004 Page 2 APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY ATTEST Macias, Chairman Brad Buller, Secretary I, Brad Buller, Secretary of the Planrnng 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 12th day of May 2004, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • DEVELOPMENT AGREEMENT DRC2003-00751 • DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND HENDERSON CREEK PROPERTIES, LLC CONCERNING PROPOSED TENTATIVE TRACT 16324 This Agreement (the "Development Agreement") is made and entered into this _ day of 2004, by and between Henderson Creek Properties, LLC, a California limited liability company, and the City of Rancho Cucamonga, a muniapal corporation (the "CITY") pursuant to the authority of Section 65864 through~65869 5 of the California Government Code Henderson Creek Properties LLC, and its successors and assigns, if any, are referred to collectively hereinafter as the "Property Owner" The CITY and Henderson Creek Properties. LLC are collectively referred to herein as the "Parties" RECITALS: A To provide more certainty in the approval of development protects, to encourage private partiapation in comprehensive planning, and to reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or equitable interests in real property, in order to establish development rights with respect thereto B Section 65865(b) of the California Government Code authorizes the CITY to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within the CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the 'period of time for annexation as speafied in the Development Agreement C Property Owner owns fee title to approximately 90 4 acres of real property located entirely within the County of San Bernardino (the "County") and more particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Protect Site") D On July 28, 2003, the City received an application for a Tentative Tract Map (SUBTT16324), a General Plan Amendment (DRC2003-00749), an Etiwanda North Specific Plan Amendment (DRC2003-00750), along with this Development Agreement (DRC2003- 00751)and arequest for Annexation of the proposed Protect An Environmental Impact Report has been prepared to address the potential environment impacts of the proposed protect and all discretionary actions anticipated by the CITY and the Local Agency Formation Commission E As set forth in Ordinance No _ adopted by the City Counal on (the "Enacting Ordinance"), the execution of this Development Agreement and performance of and compliance with the terms and conditions set forth herein by the Parties hereto (i) is in the best interest of the CITY, (u) wdl promote the public convenience, general welfare, and good land use practices in the CITY, (m) wdl promote preservation of land values, (iv) will encourage the development of the Protect by providing a level of certainty to the Property Owner, and (v) wdl provide for orderly growth and development of the CITY consistent with the CITY's General PlanC • CX~~~ 1~\\ ~\\ Development Agreement 1 Henderson Creek Properties, LLC AGREEMENT: NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which us hereby acknowledged, the Parties agree as follows Section 1. GENERAL PROVISIONS q. Effectiveness of Development Agreement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shall only become operative and the rights and obligations of the Parties shall only anse upon the annexation of the Protect Site to the City, provided the annexation is final as to any and all administrative actions and is not then subfect to tudicial challenge, and further provided that such annexation shall occur on or before February 28, 2005 B. Term I The term of this Development Agreement shall commence on the Effective Date and shall extend for a period of 10 years thereafter, unless this Development Agreement is terminated, modified or extended' by circumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extensions attributable to "force mateure" arcumstances described in Section 2 D 4 hereof or by mutual wntten consent of the Parties Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect, provided, however, that such termination shall not affect any nght or duty arising from the protect entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses C. Assignment Subtect to the terrris of this Development Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, "Transfer") the Protect Site, in whole or in part, to any person, partnership, Point venture, firm or corporation or other entity at any time dunng the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owner is in default, as defined in Section 3 C hereof, of any of the terms of this Development Agreement when the Transfer occurs If all or a portion of the Protect Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Protect Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any portion of the Protect Site and not themselves in breach Development Agreement 2 Henderson Creek Properties, LLC ~ - L , N ~~3 under this Development Agreement Any alleged breach shall be governed by the provisions of Section 3 C hereof In no event shall the reservation or dedication of a portion of the Protect Site to a public agency cause a transfer of duties and obligations unless specifically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency Property owner shall notify the CITY not less than 30 days before any such transfer, and such notice shall contain all material information regarding the contemplated Transfer, including but not limited to the identity of the transferee, and the material terms of such contemplated Transfer including an Assignment and Assumption of Development Agreement as to the Transfer property ("Assumption") to be executed by Transferee and delivered to City upon Transfer Upon City notification as described above, delivered by Property Owner, subfect to delivery at closing of the Assumptions, without any additional governmental review or action D. Amendment of Agreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868 Notwithstanding anyihmg stated to the contrary in this Development Agreement, the parties may enter into one or more implementing agreements, as set forth below, to clanfy the intended application or interpretation of this Development Agreement, without amending this Development Agreement Property Owner and the CITY acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owner and the CITY and that, in the course of the development of the Protect Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, the Parties may do so through one or more implementing agreements (the "Implementing Agreement"), which shall be executed by the City Planner and by an authorized representative of Property Owner After execution, each Implementing Agreement shall be attached as an addendum and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary Such Implementing Agreement shall not require the approval of the City Council of the CITY and shall only be executed by the City Planner (on Behalf of the CITY), if the City Planner has determined that such implementing agreements are not materially inconsistent with this Development Agreement, and applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution of this Development Agreement Any changes to this Development Agreement which would impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purport to change land use designations applicable to the Protect Site under the applicable Protect Entitlements, shall be considered "material" and shall require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868 r 1 'u Development Agreement Henderson Creek Properties, LLC Section 2. PLANNED DEVELOPMENT OF THE PROJECT A. Land Use and Proiect Entitlements The Protect Entitlements are depicted on the Tentative Tract Map, Conceptual Grading Plan, and Conceptual Landscape Plan, attached hereto as Exhibits XX - XX Project Entitlements refers to the following material related to the approval of the Development Agreement (DRC2003-00751) and the Tentative Tract Map (SUBTT16324) all plans that constitute the approved protect, all Planning Commission and City Counel Resolutions of Approval including the associated conditions of approval, and all mitigation measures included in the Mitigation Monitonng and Reporting Plan and the Environmental Impact Report The Parties acknowledge that, without being obligated to do so, Property Owner plans to develop the Protect Site in substantial conformity with the Protect Entitlements as approved by this Development Agreement During the Term of this agreement, the permitted uses for the Pro/ect, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed bwldings, building and yard setback requirements, provisions for the reservation or dedication of land, design and performance standards and other terms and conditions of development of the Profecl constitute the Entitlements as approved by this Development Agreement The specific terms of this Development Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Protect Entitlements The Parties acknowledge and agree that the total number of lots in the approved tract(s) total 123 lots The City agrees that partial final maps may be recorded for portions of the Pro/ect Site in accordance with Government Code Section 66456 1 Other certain specific modifications of the Protect Entitlements to which the Parties agree are set forth below All Exhibits attached hereto constitute material provisions of the Development Agreement, and are incorporated herein B. Rules and Regulations Pursuant to California Government Code Section 65856 and except as otherwise explicitly provided in this Development Agreement, the ordinance, rules and regulations and official polices governing permitted uses of the Protect Site, the density and intensity of such uses, and design, improvement, and construction standards and specfications applicable to development of the Protect, shall be the Protect Entitlements and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and offical pollees, but only to the extent that they are consistent with the Protect Entitlements, as modified and/or amended by this Development Agreement (the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and the Amencans with Disabilities Act ("ADA") standards shall be followed, and the landscape standards applicable shall be those specfied m this Development Agreement, and/or the CITY's standards IN the event of any conflict between the CITY's ordinances, rules, regulations and offical polices and the Existing Laws, then the Existing Laws shall control The CITY shall not be prevented in subsequent actions applicable to the Protect, from applying new ordinances, rules regulations, and polices in effect ("Future Polices") to the extent that they do not conflict with the Existing Laws Such conflict shall be deemed to occur if, without limitation, such Future Polices 1 modify the permitted types of land uses, the density or intensity of use, the maximum height or size of proposed buildings on the property, building and yard setback requirements, or impose regwrements for the construction or provisions of on-site or offsite improvements or the reservation or dedication of land for public use, or the payment of fees or Development Agreement 4 Henderson Creek Properties, LLC T-~, N 1~5 the imposition of extractions, other than as are in each case specifically provided for m this Development Agreement, 2 prevent the Property Owner from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such arcumstances as the Property Owner would otherwise be entitled under this Development Agreement, 3 render any conforming use of the Protect Site anon-conforming use or any structure on the Protect Site anon-conforming structure C. Design and Infrastructure Issues 1 Street Sections (i) The CITY desires that Wardman-Bullock Road be designed m accordance with CITY Collector Street standards, as depicted in the Etiwanda North Specific Plan Exhibit 13(E) (u) The CITY d (sires that Colonbero Road be designed in accordance with CITY Local Street standards, as depicted in the Etiwanda North Specific Plan Exhibit 13(F) 2 Drv Utilities ~~ The Protect Entitlements do not regwre that Burd vaults be installed and the CITY and Property Owner agree that no Burd vaults will be required throughout the Protect Site 3 Gradin The Grading Plan, included in the Protect Entitlements, shall conform to the Design Guidelines of the Etiwanda North Specific Plan However, with an average slope across the site of less than 7%, the Protect is exempt from the CITY Hillside Development Regulations of the Development Code 4 Circulation Issues and Fees a Transportation Fee/Traffic Impact Analysis The Property Owner shall construct circulation improvements as depicted on Exhibit XX In addition, the Property Owner shall comply with Transportation Development Fees in accordance with CITY ordinance The Property Owner shall receive credit against, or reimbursement of costs, in excess of the Transportation Development Fee for the "backbone" improvements as described herein, me conformance with CITY policy b Other Circulation Improvements The Property Owner shall design and construct the following improvements (i) Wardman-Bullock Road along the protect frontage at its ultimate half section width (66 foot right-of-way) Development Agreement 5 Henderson Creek Properties, LLC . (u) The west side of Wardman-Bullock Road from Wilson Avenue to the south protect boundary Improvements shall include curb and gutter, A C pavement and 5800 Lumens HPSV street lights ADDRESSED BELOW in SECTION 2 12 d Reimbursement Aoreement The City agrees that the construction of the Wardman-Bullock Road improvements will benefit other property owners and developers in the vianity of the Protect Site The City agrees to use its best efforts to condition benefited protects or otherwise seek to obtain fair share contributions from surrounding property owners and developers for the construction of Wardman-Bullock Road and agrees to reimburse the Property Owner to the extent fair share contributions are collected from other property owners for the cost of construction of Wardman-Bullock Road in accordance with the provisions of Section 2 I, below The obligations hereunder shall survive the termination of this Agreement and shall continue until such time as the Property jOwner has received payment in full for the cost of the construction of Wardman-Bullock Road, provided, however, that the City's obligation shall be limited to the extent the City can cl Ilect such funds 5 Storm Drains (i) Improvements to the Henderson Creek Levee are being completed under the direction of the San Bernardino County Flood Control Distract These improvements must be completed prior to occupancy of homes in the affected area (u) The site is located within Area 13 of the Etiwanda/San Sevaine Drainage Plan, applicable fees and construction requirements shall apply 6 Park Fee/Equestrian Fee/Beautification Fee The Property Owner shall pay the following fees a Property Owner will pay CITY a sum totaling $95,000 000 (based upon $1,000 per unit for the ninety-five lots which do not conform to equestrian standards) for equestrian purposes The sum will be paid from CFD formation and funding, prior to recording of the first final map and shall be reserved by the City for the construction and subsequent capital maintenance costs associated with the development of an equestrian enclosed arena complex in the Etiwanda North area ~il~a~ b The Property shall pay the CITY a sum totaling $ Z3&,90D for park purposes (based upon a value of $ 6 00 per dwelling unit) The sum shall be paid from CFD formation and funding, prior to recording of the first final map c In exchange for the construction of the landscaping improvements on the east side of Wardman-Bullock Road, adtacent to the Henderson Creek Channel improvements, the Property Owners shall not be required to pay CITY Beautification Fee of $0 20 per square toot for residential construction LJ Development Agreement 6 Henderson Creek Properties, LLC S -~ ~ N 1~~ 7 Development Standards • a The protect shall be developed in accordance with the CITY's Low- Density Residential District of the Et~wanda North Specific Plan b The protect entitlements include 123 housing urnts Design Review Process The Protect, and all subsequent applications for residential development, shall be subtect to the CITY DevelopmenUDesign Revew process Architectural Gwdelines The Protect, and all subsequent applications for residential development, shall be subtect to the Architectural Guidelines of the Etiwanda North Specific Plan 10 Open Space Transfer Plan The Property Owner shall transfer to the County of San Bernardino Speaal Districts OS-1 or other qualified conservation entity approved by the City, in fee, a minimum of 54-acres of off-site land for permanent open space and habitat preservation, along with funding in an amount to be mutually agreed upon by the Property Owner and the conservation entity, to provide for long-term maintenance of said land The preferred location of the off-site land is m the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based the rewew of appropriate Biological Habitat Assessments and concurrence of the CITY Planner The transfer and funding shall occur prior to recording of the first final map of the Protect D. Timing of Development and Fees Development of the Perimeter Landscaping and the Etiwanda North Specific Plan Neighborhood Monumentation All required perimeter landscaping shall be completed prior to the release of occupancy of the 75th dwelling within the protect Development of the Remainder of the Site Neither the property owner nor CITY can presently predict when or the rate at which phases of the protect shall be developed, since such deasions depend on numerous factors which are not within the control of the Property Owner including, without limitation, market orientation and demand, interest rates, absorption, competition and other factors The parties acknowledge and agree that Property Owner retains flexibility under this Development Agreement to develop the Protect in such order and at such rate and times as are appropriate within the exercise of the Property Owner's business tudgment The CITY further acknowledges that Property Owner may desire to market, sell, or otherwise arrange for disposition of some or all of the Protect Site, prior to development, and that the rate at which the Protect develops will likely depend upon the business tudgment of subsequent owners of the Protect Site Development Agreement 7 enderson Creek Properties, LLC ~-~, ~ ~~~ 3 CITY's Cooperation CITY shall use good faith, diligent efforts to promptly process and take final action on any applications for permits or approvals filed by Property Owner with respect to the Protect Such cooperation shall include, without limitation, (a) using good faith, diligent efforts to process subsequent DevelopmenUDesign Review in accordance with state regulations, and (b) promptly processing all ministerial permits in accordance with Section 2 H below Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Protect Site or the extent thereof, shall be deemed to conflict with Property Owner's vested rights to develop the Protect under this Development Agreement and shall, to that extent, not apply to the development of the Protect Processing and review of development proposals shall be subtect to established procedures in effect in the entire CITY, including Development and Design Review, as specified in the EwsUng Laws However, the~cntena used in the evaluation of each development proposal shall be based on the obtectives, policies and specific development standards specified herein 4 Force Maieure III Notwithstanding anything to the contrary contained in the Development Agreement, Property Owner and 'CITY shall be excused from performance of their obligations under this Development Agreement dunng any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the Property Owner, as applicable The time of performance of such obligations as well as the term of this Development agreement shall automatically be extended by the period of such delay hereunder E. Future Entitlements With respect to any entitlements that Property Owner may require in the future, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and DevelopmenUDesign Review, the CITY shall retain its discretionary review authority and the CITY's applicable ordinances, rules, regulations and official policies However, any such discretionary review shall be expressly subtect to the provisions of this Development Agreement and the CITY may only impose conditions upon such discretionary entitlements which are consistent with the Project Entitlements as approved by this Development Agreement, except as otherwise specifically required by state or federal law F. Environmental Review Other than the mitigation measures and conditions of approval set forth in the EIR and the Protect Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Protect, as presently approved and as evaluated in the EIR, shall be regwred In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2 E above), which is subtect to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without regwnng new or supplemental Development Agreement 8 Henderson Creek Properties, LLC environmental documentation In the event CEQA regwres any additional environmental • review, the CITY may impose additional feasible measures (or conditions) to mitigate, as requred by CEQA, the adverse environmental impacts of such future entitlements, which were not considered, and could not have been considered, at the time of approval of the Protect. G. CITY Fees and Mandates by State and Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Protect and Property Owner (collectively "fees") fall within on of three categories (a) fees for processing land use and construction permit applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but which are subtect to the Imitations set forth in Sections 66013, 66014, and 66016-66018.5 of the Government Code) (collectively, the "Processing Fees"), (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which purport to defray all or a portion of the cost of impacts to certain public facilities, improvements and other amenities from the development protects, including any fees described in Government Code Sections 66000 et seq (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories), and (c) fees or other monetary exactions which may be imposed m the future by the CITY far purposes of defraying all or a portion of the cost of public facilities, improvements, or amenities related to development protects, but excluding the Existing Fee Categories ("Other Fees") The Property Owner's obligation to pay Fees shall be specifically governed by the following provisions 1 Processing Fees The CITY may charge Planning and Engmeenng Plan Check . and Permit Fees and Bwlding Permit Fees which are in force and effect on a CITY-wide basis at the time of Property Owner's application for a land use entitlement or a construction permit The amount of any Processing Fees shall be determined by the CITY m accordance with all applicable laws, including, without limitation, Government Code Sections 66013, 66014, and 66017-66018 5 (or any successor laws, as applicable) Unless otherwise agreed by Property Owner and the CITY, the Processing Fees assessed Property Owner shall be the same as those imposed upon other development protects throughout the turisdictional limits of the CITY 2 Existing Fees In consideration of the development of the Protect Site as set forth in this Development Agreement, and the positive fiscal impact of the Protect on the City, the City agrees that neither the Property Owner, nor the Protect shall be subtect to any increase in the Existing Fees or to any additional City imposed fees, impositions or monetary exactions with respect to the Existing Fee categories for a period of five (5) years following the effective date of this Development Agreement 3 Other Fees In consideration of the Property Owner's Agreement to modify the Protect Entitlements as specifically set forth m this Development Agreement and implement the timing of development in accordance with the terms set forth above, no Other Fees shall be imposed upon the Property Owner or the Protect during the applicable Fee Limitation Period, except as may be specifically required to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate environmental impacts of the protect in accordance with 2 G above Development Agreement 9 HenCde~r's~on Creek Properties, LLC J-' ~ 1 ~ ~ -~`~ . 4 Fiscal Impact Analysis CITY does not require Property Owners or the Protect to complete a fiscal impact analysis for application or issuance of any approvals or permits that CITY might issue under this Development Agreement H. Non-discretionary Permits The Parties acknowledge that in the course of implementing the Protect, Property Owner will, from time to time, apply to the CITY for vanous ministerial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, construction permits, certificates of occupancy and permits required to connect the Project to utility systems under the CITY's funsdiction (collectively the "Non-Discretionary Permits") Property Owner shall have the right to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Polices under Section 2 B, above) The CITY shall issue to Property Owner, upon such applications, all regwred Non- Discretionary Permits, subject only to compliance with the terms of this Development Agreement, the CITY's usual and customary fees and charges for such applications and Non- Discretionary Permits (subtect to the provisions of Section 2 G above) and the terms and conditions of the applicable permit application The CITY further agrees that upon its approval of any plans, specfications, design drawings, maps, or other submittals of Property Owner in contunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals and consents required from the CITY to implement the Profect which are consistent with and further implement such Approved Plans, shall be processed and approved by the CITY in accordance with this Development Agreement • I. Cooperation 1 Cooperation with Other Public Agenaes The CITY acknowledges that the Property Owner may apply from time to time for permits and approvals as may be required by other governmental or quasi-governmental agences having turisdiction over the Protect, in confunction with the development of or provision of services io the Profect, including, without limitation, approvals in connection with the developing and implementing a tertiary water system, potential transportation improvements and other on-site and off-site infrastructure The CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agences (including without limitation, the Cucamonga Valley Water Distract, and the Inland Empire Utilities Agency), and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals 2 Construction of Off-Site Improvements To the extent that Property Owner is regwred to construct any off-site improvements as a condition of developing the Profect, the Property Owner shall make good faith efforts to acquire any off-site property interests regwred to construct such public improvements If Property Owner fails to do so, Property Owner shall, at least 120 days prior to submittal of the first final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Section 66462 and 66462.5 at such time as the CITY decides to acquire the property interests regwred for the public improvements Such agreement shall provide for payment by Property Owner of all costs incurred by the City to acquue the off-site property interests regwred m connection with the subdivision Security for a portion of those costs shall be in the form of a cash deposit in the amount stated in an appraisal report obtained at Property Owner's cost The appraiser shall • have been approved by the CITY prior to commencement of the appraisal To the extent that such off-site improvements, or the construction of any substantial infrastructure on-site, substantially benefit other property owners or other portions of the turisdiction of limits of the Development Agreement 10 Hendcerson Creek Properties, LLC CITY, the CITY agrees to assist Property Owner to the fullest extent possible in obtaining • reimbursement or other fair share contribution by such other benefited property owners. Such assistance may include, without limitation, conditioning the approval of development protects proposed by such benefited property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction cost of such improvements Without limiting th'e generality of the foregoing, the CITY agrees with respect to the infrastructure improvements which are adiacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to regwre fair share reimbursement to Property Owner or City, as the case may be, for construction and related costs incurred in providing such improvements to the extent legally permissible. 3 Public Financing The Parties hereby acknowledge that substantial public improvements must be funded in order to contribute to the Park Fee and Equestrian and School Fees and the remainder of the Protect Site and that public financing of a substantial portion of these improvements will be critical to the economic wability of the Protect Subtect to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements, the CITY agrees to cooperate with and assist Property Owner to the fullest extent possible m developing and implementing a public financing plan for the construction of the public infrastructure improvements The implementation of such plan may include, without limitation, the formation of one or more assessment districts, or Mello-Roos community facilities districts, or the issuance of bonds, certificates of partiapation, or other debt securities necessary to implement such plan J. Creation of the Landscape and Street Lighting Maintenance District • The CITY agrees to promptly annex the Project Site to an existing Landscaping and Lighting Maintenance District (LMD) or form the necessary LMD pursuant to California Streets and Highways Code Sections 22500 et seq (the "Landscape and Lighting Act of 1972") for the Protect development to encompass the Protect Site as well as the area being annexed by the CITY In addition, the Property shall annex to the existing Street Lighting Districts The Property Owner shall pay for the annexation or formation of the LMDs The Parties agree that annexation to the LMD or the formation of a new LMDs must be accomplished no later than recordation of the final tract map and that the CITY may create LMDs, which allow annexation of other areas In addition, if outside agencies, upon their review and approval of various components of the protect, impose any non-standard improvements that require extraordinary maintenance responsibilities of the CITY, the CITY may impose the creation of additional maintenance districts upon the proposed development Upon formation of the LMD, and acceptance of the improvements by the City Council, the CITY (through the LMD) shall assume full responsibility for the maintenance, repair, and replacement of the improvements to be maintained by the LMD pursuant to the LMD's governing documents The Parties also acknowledge that assessments for the LMDs are collected annually in June, and to the extent that assessments are collected through the LMD for the period ending June 200X, the City may request, and the Property Owner agrees to provide, a reasonable cash deposit to fund the LMD The CITY shall promptly upon receipt of assessments the following June, reimburse Property Owner for any such cash advances to fund the LMDs • Development Agreement 11 Henderson Creek Properties, LLC z-~, N 152 . Section 3. ANNUAL REVIEW A. Good Faith Compliance Pursuant to California Government Code Section 65866 1, the CITY shall once every twelve (12) months during the term of this Development Agreement, revew the extent of good faith substantial compliance by Property Owner with the terms of this Development Agreement, provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual property owner who may own a parcel comprising the Protect Site In connection with such annual review, Property Owner shall provide such information as may reasonably be requested by the CITY in order to determine whether any provisions of this Agreement have been breached by Property Owner If at any time prior to the review penod there is an issue concerning a Property Owner's compliance with the terms of this Development Agreement, the provisions of this Section 3 shall apply B. Certificate of Compliance If Property Owner is found Ito be in compliance with this Development Agreement after annual review, the City Planner shall, upon written request by Property Owner, issue a certificate of compliance ("Certificate of Compliance") to Property Owner stating that, based upon information known to the 'CITY, the Development Agreement remains in effect and Property Owner is not in default 'The Certificate of Compliance shall be m recordable form and shall contain such information as shall impart constructive record of notice of compliance Property Owner may record the Certificate of Compliance in the Offiaal Records of the County of San Bernardino C. Finding of Default If, upon completion of the annual review, the City Planner intends to find that Property Owner has not complied in good faith with the material terms of this Agreement (a "Default"), he shall first give written notice of such effect to the Property Owner The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concerning Property Owner's compliance with the terms of this Development Agreement as the CITY may possess and which ~s relevant to determining Property Owner's performance under this Development Agreement The notice shall specify in detail the grounds and all facts allegedly demonstrating such noncompliance, so Property Owner may address the issues raised on a point-by-point basis Property Owner shall have twenty (20) days after its receipt of such notice to file a wntten response with the City Planner Within 10 days after the expiration of such 20-day response period, the City Planner shall notify Property Owner whether he has determined that Property Owner is in Default under this Development Agreement ("Notice of Default") Such Notice of Default shall specify the instances in which the Property Owner has allegedly failed to comply with this Development Agreement and the terms under which compliance can be obtained The Notice of Default shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the dale of the Notice of Default, and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance D. Right to Appeal • Upon receipt of the Notice of Default, the Property Owner may appeal the City Planner's decision directly to the City Council Such appeal shall be initiated by filing a written notice of Development Agreement 12 Henderson Creek Properties, LLC T-~, ~ 153 appeal with the City Clerk within the (10) calendar days following the Property Owner's receipt • of the Notice of Default The heanng on such appeal shall be scheduled in accordance with Section 17 02 080 of the CITY Development Code At the hearing, Property Owner shall be entitled to submit evidence and to address all the issues raised by the Notice of Default If, after considering all the evidence presented at the hearing, the City Council finds and determines on the basis of substantial evidence the Property Owner is in Default, then the City Counal shall specfy in writing to Property Owner the instances in which the Property Owner has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Counal and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance E. Property Owner's Cure Rights If Property Owner is in Default under this Development Agreement, it shall have a reasonable period of time to cure such Default before action is taken by the CITY to terminate this Development Agreement or to otherwise amend or limit Property Owner's rights under this Development Agreement or to otherwise amend or limit Property Owner's rights under this Development Agreement In no event shall such cure period be less than the time set forth in the finding of Default made under Sections 3 C or 3 D above (as applicable) or less than the time reasonably necessary to cure such Default Any such cure period shall be extended by force mateure arcumstances described in Section 2 D 5 above Section 4. ENFORCEMENT A. Enforcement by Either Party Subtect to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the parties B. Cumulative Remedies In addition to any other rights or remedies, any of the Parties may institute legal action to cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to entom any threatened or attempted violation, including suits for declaratory relief, speafic performance, and relief in the nature of mandamus All of the remedies described above shall be cumulative and not exclusive of one another, and the exerase of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy The provisions of this Section 4 B are not intended to modify other provisions of the Development Agreement and are not intended to provide additional remedies not otherwise permitted by law C. Attorney's Fees In any legal proceedings brought by either party to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall be entitled to recover . reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection with such action Any such attorneys' fees and other expenses incurred by either of the Parties Development Agreement 13 Henderson Creek Properties, LLC in enforcing a tudgment in its favor under this Development Agreement, shall be recoverable separately from and in addition to any other amount included m this tudgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such tudgment Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subtect to the provisions of Section 1 C above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the Parties, and their successors and assigns Insofar as this Development Agreement refers to Property Owner, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owner" shall refer to any such successor or assign B. Protect as a Private Undertaking It is specifically understood and agreed by and between the Parties that the Protect is a pnvate development, that neither party is acting as the agent of the other in any respect under this Development Agreement, and that each of the Parties is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement No partnership, toint venture or other association of any kind is formed by this Development Agreement The only relationship between the CITY and Property Owner is that of a government entity regulating the development of private property and the owner of such pnvate property C. Captions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid m the interpretation, construction or meaning of any of the provisions of this Development Agreement D. Mortgage Protection 1 Discretion to Encumber This Development Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Protect or any portion of the Protect or any improvements on the Protect, by any mortgage, deed of trust or other security device securing financing with respect to all or any part of the Protect or any improvements thereon (a "Mortgage") 2 Effect of Default This Development Agreement shall be superior and senior to any mortgage subsequently placed upon the property, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith for value 3 Mortgagee Not Obligated Notwithstanding anything in this Development Agreement to the contrary, (a) any holder of the benefiaal interest under a Mortgage ("Mortgagee") may acquire to or possession of all or any portion of the Protect or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by tudicial or non-tudiaal foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not Development Agreement 14 Henderson Creek Properties, LLC TL,N\SS have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Protect as aforesaid, assign or otherwise transfer the Protect or any such portion thereof to, any person or entity, and upon the giving of notice of such assignment or transfer to the CITY and the assumption by the assignee or transferee of the obligations of the Property Owner with respect to the Property Owner or portion thereof so acqured which arise or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Protect or portion thereof so assigned or transferred, and'(b) the consent of CITY shall not be required for the acquisition of all or any portion of the Protect by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Protect or such portion thereof, be deemed to have assumed all obligations of Property Owner with respect to the Protect or portion thereof so acquired which arise or accrue subsequent to the purchase date, but such purchaser shall not be responsible for any pnor defaults of Property Owner, provided, however, that in either of the instances referred to in clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to granting of a specific benefit or to the performance of a specific covenant by CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder 4 Notice of Default to' Mortgagee Right of Mortgaqee to Cure If a Mortgagee files with the CITY Clerk, a written notice requesting a copy of any Notice of Default given Property Owner under this Development Agreement and specifying the address for delivery thereof, the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any notice given to Property Owner with respect to any clam of the CITY that Property Owner has not complied with the terms of this Development Agreement or is otherwise in Default under this Development Agreement Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) days after the expiration of any cure penod given to Property Owner with respect to such Default, to cure such default, provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day penod, then such Mortgagee shall have such additional time as may be necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thirty (30) day penod, and thereafter diligently pursues and completes such remedy or cure Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default such Mortgagee shall, within such thirty (30) day penod, commences efforts to obtain possession and carry the same forward with diligence and continuity through implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure period specified in Section 3 E above 5 Bankruptcy Notwithstanding the provisions of Section 5 D 4 above, if a Mortgagee is prohibited from commenting or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Protect Site by any process or intunction issued by any court or by any reason of any action by any court having turisdiction of any bankruptcy or insolvency proceeding involving Property Owner, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continuity to obtain possession of the Property during the period of such prohibition of Mortgagee is proceeding diligently to terminate such prohibition Development Agreement 15 Henderson Creek Properties, LLC Z-~~N~s~ 6 Amendment to Development Agreement The CITY and Property Owner agree not to modify this Development Agreement or to allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the pnor written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed Notwithstanding anything stated above to the contrary, the CITY and Property Owner shall cooperate in including in this Development Agreement, by suitable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement The CITY and Property Owner each agree to execute and deliver (acknowledge, if necessary for recording purposes) any implementing agreement necessary to effect such request, provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under this Development Agreement or be materially inconsistent with the substantive provisions of this Development Agreement, the Protect Entitlements and the Existing Laws E. Consent Where the consent or approval of any of the Parties is regwred in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld F. Entire Agreement This Development Agreement and the documents attached to and referred to in this Development Agreement constitute the entire agreement between Parties with respect to the subtect matter of this Development Agreement G. Further Actions and Entitlements Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement H. Governing Law This Development Agreement including, without limitation, its existence, validity, construction and operation, and the rights of each of the Parties shall be determined in accordance with the laws of the State of California I. Recording The CITY Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bernardino no later than ten (10) days following the effective date of this Development Agreement Development Agreement 16 Henderson Creek Properties, LLC J. Time Time is of the essence in this Development Agreement and of each and every term and condition of this Development Agreement K. Waiver The failure of any of the Parties at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the stnct performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of or default under this Development Agreement from having all the force and effect of an original breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement No provision of this Development Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by any of the Parties L. Partial invalidity i If any term, covenant, condition or provision of this Development Agreement is held by a court of competent turisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby M. Notices All notices between the CITY and Property Owner and any transferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mad or facsimile Notice by personal delivery or facsimile shall be deemed effective upon delivery of such notice to the party for which it is intended at the address set forth below (or, in the case of a transferee in a written notice to the CITY) Notice by mail shall be deemed effective upon receipt or refection of the addressee The Parties' current address are as follows To CITY Mr Jack Lam, AICP City Manager Cary of Rancho Cucamonga 10500 Civic Center Dnve Rancho Cucamonga CA 91730 With Copies to To Property Owner Development Agreement City Attorney Richards, Watson, & Gershon One Civic Center Circle Brea CA 92821 Mr James Markman Henderson Creek Properties, LLC 16337 Shadbush Street Fountain Valley, CA 92708 17 Henderson Creek Properties, LLC T-L ~ N ~~ • With Copies to: Manatt, Phelps & Phillips 650 Town Center, Suite 1250 Costa Mesa, CA 92626 Attn Roger A Grable Either Party may change its mailing address or the person to whom notices are to be sent at any time by giving written notice of such change to the other Parties in the manner provided above N. Indemnification Property Owner hereby agrees to indemnify, defend, and hold harmless the CITY and its Counal members, representatives, agents, officers, attorneys, and employees (the "Indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement, the Protect Entitlements or both ' IN WITNESS WHEREOF, thle Parties have duly executed this Development Agreement as of the day and year first above iritten CITY OF RANCHO CUCAMONGA' PROPERTY OWNER i By By • Mayor ATTESTED TO City Clerk APPROVED AS TO FORM• City Attorney Attorney's for Property Owner NAME TITLE Development Agreement 18 Henderson Creek Properties, LLC -~-~, ~ 1~ FINAL ENVIRONMENTAL IMPACT REPORT (SCH No. 2003111057) FOR THE HENDERSON CREEK PROPERTIES GENERAL PLAN AMENDMENT/ ETIWANDA NORTH SPECIFIC PLAN AMENDMENT/ DEVELOPMENT AGREEMENT/ TENTATIVE TRACT MAP/ ANNEXATION Prepared for: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Contact Person: Larry Henderson, AICP, Principal Planner Prepared by: Lilburn Corporation 1905 Business Center Drive San Bernardino, California 92408 Apri130, 2004 ~, 1 k, ~, N i TABLE OF CONTENTS Page FINAL ENVIRONMENTAL IMPACT REPORT F 1 INTRODUCTION TO FINAL EIR ...... .. F-1 F 2 REVISIONS TO THE DRAFT EIR .. ... F-1 F 3 PERSONS, ORGANIZATIONS AND PUBLIC AGENCIES COMMENTING ON THE DRAFT EIR .. ........ .. F-2 F 4 DISPOSITION OF THE FINAL PROGRAM EIR ... ............. ... F-2 10 0 PUBLIC COMMENTS AND LEAD AGENCY RESPONSES . .. 10-1 DRAFT DEVELOPMENT AGREEMENT .. .. .. .APPENDIX K ' Final Environmental Impact Report ' FINAL ENVIRONMENTAL IMPACT REPORT ' F.1 INTRODUCTION TO FINAL EIR ' Thts Final Environmental Impact Report (Final EIR) for the Henderson Creek Properties General Plan Amendment, Ettwanda North Specific Plan Amendment, Development Agreement, Tentative Tract Map, Annexation (SCH No 2003] 11057) has been prepared m accordance with the Cahfomia Environmental Quality Act (CEQA) and the State guidelines for implementation of CEQA The public comment penod for the Draft EIR began February 20, 2004 and ended Apn15,2004 The Final EIR consists of the following ' • Introduction to the Final EIR • Revisions to the Draft EIR ' • A list of persons, organizations, and public agencies commenting on the Draft EIR dunng the 45-day public review penod, comments received and lead agency responses (Chapter ' 10 0) • A copy of the Draft Development Agreement (Appendix K) This document m con~unchon with the Draft EIR constitutes the whole of the EIR as defined by CEQA Gwdehnes Section 15162 F.2 REVISIONS TO THE DRAFT EIR ' Revisions to the Draft EIR m response to comments received, or m subsequent review by the lead agency have been made and are included herein None of the revisions represent significant new information nor do they significantly alter the findings of the lead agency, such that ' recirculation of the Draft EIR is required Page 4 6-2 In response to comments received from the San Bernazdino County Flood ' Control Distnct, page 4 6-2, first paragraph under Applicable Policies, Plans, and Regulations has been revised to include that the site is located m Zone D on the most recent FEMA Flood Insurance Rate Map ' Page 4 9-4 In addition to page 4 6-2, the second paragraph under Impact Analysis on page 4 9-4 has also been revised to include that the site is located m Zone D on the ' most recent FEMA Flood Insurance Rate Map ' Appendix K In response to Mr Craig A Sherman's request for a copy of the draft development agreement for the project, rt has been included m the Final EIR as Appendix K ' 696 OOMenderson Creek Final EIR F-] 4/29/2004 Final Environmental Impact Report ' Other revisions to the Draft EIR after circulation are as follows Page 4 10-21 Mitigation measure BIO-1 has been replaced with a new measure to clanfy who would be responsible for identifying and transfemng off-site mitigation land m accordance with the NEOSHPP This revision well also be made m the Summary Table (Table 2-1) and Mitigation Momtonng and Reporting Program (Table 9-I) and revised pages are included m the Final EIR The measure has been revised as follows (deleted-text, new text . Mitigation Measure BIO-1 1 1 Prior to recordme of the first ftnal man of the protect. the nroDerty owner shall trans er to the County of San Bernardino Special Distracts OS-I or other aualzfted conservation entity approved by the Cttv. to fee. a minimum of 54 acres of off=stte land for permanent open space and habitat Dreservatton. alone wtth fundmQ in an amount to be mutually aereed upon by the nronerty owner and the conservation enrity to Drovzde for lone-term maintenance ofsatd land The areferred location of the off-site land zs zn the environment surroundtnr the North Ettwanda Preserve to the Cztv Sphere of Influence. other nronerttes may be considered based on the review of aDOronrtate Btoloetcal habitat Ass_e_ssments _ and concurrence ofthe Cztv Planner F.3 PERSONS, ORGANIZATIONS AND PUBLIC AGENCIES COMMENTING ON THE DRAFT EIR The public comment penod for the Draft EIR ended Apnl 5, 2004 A total of six comment letters were received These are listed m Table 10-1 of Chapter 10 0 Public Comments and Responses. Comment letters received, and the City's responses are provided m their entirety m Chapter 10 0 F.4 DISPOSITION OF THE FINAL EIR LJ t Upon certification of the Final EIR, adoption of the Mitigation Momtonng and Reporting Program (MMRP), and approval of the protect, the City will file a Notice of Determination , (NOD) with the County of San Bernardino Clerk of the Board of Supervisors. 696 00/Henderson Creek Final EIR F'-2 4/29/2004 ' ' Final Environmental Impact Report The Fina] EIR used to support ~mplementat~on of the Henderson Creek Properties General Plan Amendment, Ehwanda North Specific Plan Amendment, Development Agreement, Tentative ' Tract Map, Annexation will be compiled with the Draft EIR and other pertinent documents (NOD, staff reports, etc) and will be kept on file at the City. The Final EIR, including the M~ttgation Momtonng Program, will be consulted during each phase of the project to ensure that ' ~mplementahon or mrtigadon measures occurs at the appropriate time I~ !~ ' 696 00/Henderson Creek Final EIR F-3 4/29/2004 4 6 Hydrology and Water Quality Environmental Impact Evaluation ' Flows on the west side of the project enter the East Ehwanda Creek spreading grounds, or basins, southwest of the project These facilities consist of small earthen basins and meandering ditches ' that are interconnected to divert water into culverts and also direct it back into groundwater by percolation Excess flows then flow downstream to eventually enter the Santa Ana River Basin ' On-Site Drainage Two drainages associated with the larger Henderson Creek affect the project site Figure 4 6-1 ' shows the tentative tract map m relation to these drainages Flows from the drainage coming from a northwesterly direction enter the site where proposed lots 25 and 112-119 are located Flows traverse the site to a northwest to southeast direction toward Wardman-Bullock Road ' southeast of the site The 100-year storm flow for this drainage where it enters the protect site is 49 cubic feet per second (cfs) and exits the site at 110 cfs The second drainage enters the site near the northeast corner of the site above lots 120 - 123 Flows traverse the site m a north to ' northeast direction and exit above the intersection of Wardman-Bullock Road and Colonbero Road The 100-year storm flow for this drainage where it enters the project site is 141 cubic feet per second (cfs) and exits the site at 160 cfs Storm flows from the Henderson Creek drainage ' area between these two drainages are captured by the Henderson Creek channel that traverses the site adjacent to proposed lots 97 - 111 No flows from this portion of the Henderson Creek ' drainage area would affect the project site Applicable Policies, Plans and Regulations ' Federal Emergency Management Agency The project site is currently located within a t nn ..o.,~ t,.,.,.,.,i .,tee„ ..vi,..e,i .,. Lr a ~ ,. ' floodDlam identified as Zone D. flood hazards are undetermined. accordme to the most recent Federal Emergency Management Agency (FEMAI Flood Insurance Rate Man (March 18. 19961 ' The County of San Bernardino Flood Control District is responsible for the maintenance of the Henderson Creek channel The Henderson Creek Channel and improvements to the levee have been designed to capture all flows entering the creek and conveying the flows and then offsrte ' These improvements must occur pnor to development of the Henderson Creek property Upon completion of the levee improvements, the levee will protect the property from these flows and potential flooding The Federal Emergency Management Agency (FEMA) will require the ' applicant to process a Conditional Letter of Map Revision (CLOMR) based on the proposed improvements to the levee and a Letter of Map Revision (LOMR) following completion of the improvements Both actions must occur pnor to implementation of the Henderson Creek project ' The Citv of Rancho Cucamonga has adopted FEMA regulations and will enforce the most current FEMA reeulations for develonment within a floodnlam. aDDhcable to the Henderson Creek Droiect ' Regional Water Quality Control Board ' The State of California is authorized to administer various aspects of the National Pollutton Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act The General Construction Permit treats any construction activity over one acre as an industrial 1 ' 2/18/2004 4 6_2 Henderson Creek Draft EIR ' 4 9 Uhhnes and Service System Environmental Impact Report ' Drainage ' Existing Conditions ' A Prehmmazy On-Site and Off-Ste Hydrology study (Appendix F) has been completed by AEI- CASC The proposed project site is located m an area known as the Etiwanda Fan made up of a senes of alluvial fans that were created by stonnwater flows and flows associated with snowmelt m the San Gabnel Mountains Matenal making up the Etiwanda Fan has been deposited over time by ' these flows rushing down steep-sided canyons and out onto the flood plain, depositing matenal as the water loses energy once it has left the canyon and spilled out onto the flood plain Larger sized matenal such as boulders drop out first, followed be smaller sized matenals such as large ' rocks, cobbles, and ultimately, sand Creeks associated with the Etiwanda Fan include Deer, Day, East Etiwanda, Henderson and San Sevaine canyons The site is bounded on the west by SBCFCD Etiwanda Creek Conservation Lands ' The SBCFCD has been responsible for controlling floodwaters associated with the vanous creeks on the Etiwanda Fan, including Henderson Creek, which bisects the project site ' Figure 3-2 m Chapter 3 0 (Project Descnption) is an aenal photograph, which shows the canyons and associated creeks/washes SBCFCD has improved the Henderson Creek channel to handle a 100-year flood ' Impact Analysis ' The ma~onty of the drainage from the annexation azea will be collected onto onsite underground storm drams and then conveyed into a 66-inch storm dram along San Segundo Dnve All streets will be designed to accommodate storm waters that could exceed the top of curbs in the event of ' a 25-year stone as well as the nght-of--way fora 100-year stone All necessary facilities will be localized m nature and will be inspected and maintained by the City of Rancho Cucamonga Public Works Department The County of San Bemazdmo Flood Control Distnct rs responsible for the maintenance of the Henderson Creek channel which traverses the project site The Henderson Creek Channel and improvements to the levee have been designed to capture all flow entenng the creek and conve}nng the flows and then offsite These rmprovements are scheduled to occur pnor to development of the Henderson Creek property Upon completion of the levee rmprovements, the levee will protect the property from these flows and potential flooding The project site is currently located wrthm floodnlam identified as Zone D. flood hazards aze undetennmed. accordme to the most recent Fede[al_Emeraencv Management Aeencv (FEMAI Flood Insurance Rate Man (March 18. (9961 The protect will be required to process a Conditional Letter of Map Revision (CLOMR) based on the proposed improvements to the levee and a Letter of Map Revision (CONK) following completion of the improvements Both actions will be processed through the Federal Emergency Management Agency (FEMA) 2/18/2004 4 9_4 Henderson Creek Draft EIR ' Environmental Impact Evaluation LJ 1 1_ J ~J unique communities, npanan areas, and comdor connections Lands with special resource value could be added to existing open space areas to provide connections between open space areas, increasing sizes and reducing fragmentatron The program encourages property owners to preserve key parcels through vanous mechanisms The Henderson Creek Properties residential development occurs within the general boundary of the NEOSHPP and is within the County Service Area (CSA 70) Improvement Zone OS-1. Mitigation Measures Mitigation Measure BIO-1 Prlor to recordtne of the first final man of the protect. the DroDerty owner shall transfer to the County of San Bernardino Special Districts OS-1 or other auahfzed conservation entity a Droved by the Cttv, to fee. a minimum of 54 acres of off-site land for permanent oven space and habitat preservation. along with fundme in an amount to 6e mutually aereed upon by the property owner and the conservation entity. to provide for lone-term maintenance of said land The referred location of the off-site land is in the environment surroundtne the North Etzwanda Preserve m the Cttv Sphere oflnfluence. other properties may be constdered based on the review of appropriate Btoloetcal Habitat Assessments and concurrence of the City Planner Level of Significance After Mitigation Conveyance of off-site mitigation land to County Special Distracts CSA-70 for incorporation into the NEOSHPP would make this impact less than significant 4 10 Biological Resources Henderson Creek Draft EIR 4.10-21 04/29/04 6 S 0 n R >r m A N J 0 A N b O a TABLE 2-1 cttn-rMAUV nF rnrrACTS ANn MTTTGATTON MF.ASURES/RF.GULATORY REOTJIREMENTS FOR THE PROPOSED PROJECT IDENTIFIED IMPACTS LEVEL OF SIGNIFICANCE (Before Miti anon MITIGATION MEASURES/ REGULATORY REQUIREMENTS LEVEL OF SIGNIFICANCE (After Miti anon BIOLOGICAL RESOURCES BIO 1 BIO-1: The proposed project would result to Potentially - . Less than the development of 62 5 acres of Upland sage Significant significant scrub, disturbed annual grassland and a small area of flat-top buckwheat scrub G -......... I,...A TL.,. ,.{Y ....e -... r... .. L....J /ll~Ri \ ..6,.111.e ...1. .1... AtLl1CtTDD Tl..,..«e..,...~e ,.1...11 Le ......1 .............1 ... nor to recordme of the firs[ final mao of the orolect. the orooe_rty owner shall_transfer to_Ihe Countv _of San Bemazdmo Special Dtstncts OS-1 or other auahSed conservanon enari aooroved by the Ctri. m fee. a minimum of 54 acres of off-site land for netrttanent open space and habitat nreservanon. alone with fundme in an amount to be mttt~tally aereed upon by the oronerty owner and [he conservanon entity. to urovtde for lone-teen maintenance of aid land. The nrefened location of the ofT=site land is m the environment surroundmvshe Nonh Ehwanda Preserve m the Crtv Sohere of Influence. other nrooemes may be considered based on the review of aooronnate Bioloeical Habtta Assessments and concurrence of the City Planner. N O F N_ W 0 0 A x `~ a 0 d n a ox a x m _ I I 1 I _ _ 1 1 1 1 ~ ~ 1 I 1 1 1 1 1 1 1 I I 1 Air Quality • ~ ~ ~ ''-~ ~ ~ .I. _ .~ `.. AQ-1 CP/BO C Throughout A 4 Dust Control construction • Limit the simultaneous disturbance area to as small an area as practical Temm~ate soil disturbance and accelerate dust control procedures when words exceed 25 mph • Stabilize previously disturbed areas if subsequent construction is delayed Emissions • Require 90-day low-NO, tune-ups for off-road egmpment • Limit allowable idling to 10 minutes for trucks and heavy egwpment Off-Site Impacts • Encourage car-pooling for constntcnon workers • Limit lane closures to off-peak travel penods • Pazk construction vehicles off traveled roadways • Wet down or cover dirt hauled off-site • Wash or sweep access points daily • Encourage receipt of construction matenals doting non- peak traffic hours ~Noise~ ~ ~ ~ ' 3 ~ ~ yr' r ~ .~°. ~ " n' N-1 Construction contractors shall adhere to the Cdy BO C Throughout A 4 Development Code for hours of construction activity - 6 30 construction am to 8 pm, Monday through Saturday No construction activity shall take place on Sundays or holidays N-2 The developer shall install air conddioning unds as a g0 D Review of plans A/C 2,3 standard to allow for window closure for future residences in the development that fronton Wardman Bullock Road a G N 0 0 A Btologtcal Resources _ , - BIO-1 CP B Review of lans B/C 2 p ~ nK ~~}.. ... di....6.... h...~le Ihaf ~~,~n v... ~ ,...+ ~.. rcn ~n ! nor to recordma of the first fnal map of the project. the i ~~ property owner shall transfer to the County of San ]~ernardino Special Distncts OS-1 or other pualifie conservation entity approved by the Cdv m fee a minimum of 54 acres of off-site land for permanent open <pace and habitat preservation along with fundmo m an amount to be mutually agreed upon by the property owner and th ~ conservation entity to provide for Iona-term maintenance of said land The preferred location of the off-site land is in the environment surrounding the North Ehwanda Preserve m he City Sphere of Influence. other properties may b considered based on the review of apDronnate &olooical Habitat Assessments and concurrence of the City Planner Geologic P,r'oblems GS-1 Prior to issuance of grading permits, the developer shall submit grading plans that incorporate the general earthwork and grading specifcations for rough grading as set forth in the geotechnical report for the protect (Appendix D) GS-2 Pnor to issuance of building permds, including permits for utilities, the developer shall submit development plans that incorporate the recommendations of the geotechnical report (Appendix D) for preliminary foundation work, utility trenching, and concrete slabs GS-3 All structures shall be built to Uniform Building Code and/or Structural Engineers Association of California standards for seismic safety Bwlding officials shall review all plans at the time of submittal CE E p B B B Review of plans ev,ew of plans eview of plans C C C ~ 2 i ~ s 6 0 R sr w m Pubbc Health and Safety > HS-1 The developer/bwlder shall consult wdh the Bwldin9 BO B Review of plans C 2 Official to determine the optimum building materials and construction techniques to minimize wind damage to property as set forth in Division III, Chapter 16 of the Uniform Building Code HS-2 The home bwlder/sales agent shall disclose to CP D Revew of plans C 3 potential buyers, that the protect is in a High Wind Area This disclosure shall also be included in escrow papers or other mechanism for future buyers HS-3 See Mitigation Measure AQ-ta for control of PMto CP/BO C Throughout 4 q emissions dunng grading and construction construction HS-4 Prior to issuance of budding permits, the applicant CP B Review of plans C 2 shall submit a landscape planlfuel modifcahon plan that shall contain the following details Zone 1 Landscaping and Fuel Treatment Zone 1 areas may be irrigated and/or temporarily irrigated ornamental firewise landscaping Single well-spaced trees and shrubs are allowed These trees and shrubs will be planted and maintained so that at maturity, their branches are at least 10 feet from any structure The purpose of Zone 1 landscaping is to create anon-combustible plant zone for a minimum of thirty feet around each structure Zone 2 Landscaping and Fuel Treatment Areas Zone 2 areas may be irrigated or non-irrigated frewise ornamental landscaping and/or native vegetation treated and maintained to Zone 2 Criteria The purpose of Zone 2 Fuel Treatment is to reduce the amount of combustible fuels to a level where wiidland fire intensity is substantially reduced and to provide a safe zone for firefighters (defensible space) dunng their wildland fre protection efforts Common Areas These areas shall be maintained as directed by the Landscaping Plan, and will be irrigated The grass, ground cover, and ornamental trees will add to the decor of this protect and will decrease the fire hazard for property owners N O O A t 0.. Hydrology and Water Quality ~ - e ' HWQ-1 Prtor to issuance of grading permtl5, the applicant CE B Revtew of plans D 2 shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Dischargers Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit HWQ-2 Prior to issuance of building permits, the applicant CE B Review of plans D 2 shall submit to the City Engineer for approval, a Water Quality Management Plan (WQMP) including a protect description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants from entering the storm drain system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent with the Gwdelines For New Development and Redevelopment adopted by the City of Rancho Cucamonga June 2000 Key to Checklist Abbreviations s-y-pykrm~no}ta +~ ¢~ a. - pu~sib'Ie~'eFSb ° ~4ni _ " Ttli { 1 4Yx ~ n ~e4.wU y~ r3m`€ Y 1k 0. m~e"' ?'E F Y:,rF YI a F,Wik a E"., s,. s l~feih'n~;ot~aVe~lios ~;~~ ~''~„ € '{= ~ fir +, 5: ;P+ e>$~+=!. ai~n°SA~, IG3d, u2~,- cy_„' "--_ _ ilC+,x .. '.Sanctifiu6 ... -=>~~~ k'~ ~ "~.~.`=; , f , ,r' ~f~-ate:" F~z+,.,, s~!vr-u`~r CDD - Commwuty Development Duec[or or designee A - Wtth Each New Development A - On-sae Inspection 1 - Withhold Recordation of Final Map CP - Ctty Planner or designee B - Pnor To Constivcnon B -Other Agency Petmtt /Approval 2 -Withhold Gmdmg or Building Pertnrt CE -City Engineer or designee C - Throughout COILSIfnCUOn C -Plan Check 3 -Withhold Certificate of Occupancy BO - Building Official or designee D - On CompleUOn D -Separate Submittal (Reports / Studies /Plans) 4 -Stop Work Order PO -Police Captain or designee E -Operating 5 -Retain Deposit or Bonds FC - Fne Chief or designee 6 -Revoke CUP 11- 1_ 11_ 1_ 1_ 11111. 1_ 1 1 CHAPTER 10.0 PUBLIC COMMENTS AND ' LEAD AGENCY RESPONSES 1 10.0 PUBLIC COMMENTS AND LEAD AGENCY RESPONSES ' The public comment penod for the Draft EIR began Febmary 20, 2004 and ended Apnl 5, 2004 A total of six comment letters were received These are listed m Table 10-1 and are identified by ' a number Individual comments w~thm each letter are identified with a unique numenc md~cator For example, the comment letter from County of San Bernardino Department of Public Works submitted a letter containing four comments The letter has been ~dent~fied as Letter 2 with ' comments 2-1 through 2-4 LJ II 1 Table 10-1 Comment letters Received nn the Draft Environmental impact Rennrt Letter Name Date 1 Southern Cahfom~a Association of Govenunents March 4, 2004 2 County of San Bernardino Department of Public Works Apnl 7, 2004 3 Mr. Lee Blattner Mazch 25, 2004 4 Mr Crag Sherman March 30, 2004 5 Mr. Craig Sherman Apn14, 2004 6 Ms. Leeona Khppstem, Spmt of the Sage Council Apnl 3, 2004 ' Hrnderson Creek PropMies Final BIR 1 Q_ 1 4/29/2004 SOUTHERN CO.LIFORNIA ASSOCIATION of GOVERNMENTS Main Office Rd8 West Seventh Street uth Floor l05 Angeles, Cabforma 9ooa7 3435 t (2a3) a36 +BOD f (n3) z36 vBaS ryWV ua, CD $~' a+albic PRSIdBnH (pmeBlnrmbm BM aMn, 14ee • nnA Vne rrtsN~oi rnuncl6m+~.+BOn aNbrn Temmda B.Cmd Yu nWdml %n0l+ai.a Nanl KWPM1 Oneedk (army • Pa51 rmadeM rmincBrtemhn avndid &te ~meaamBn. ~>t fmvnay. Nvk Ruipm anpmal County 9MWx Bm„In {m AIItB[Ba tewM Tome BmlhnaBC BuRe. 105amAr. faOnry•Zn TamsNirtar IvMpLs romq • Nam BlwBan. sin naen.~ -rem pBlnyy t Uar4,•ROStmrnE~ 6m D~an~Ni oenmmm, • acne Dhnen:i nhdalt • bM mmnm nm Nn hDAla. lea Uree9a Lvoilr ooh NmCT nranBC CBDNI • mmld Btles, io<Nnmllee • lw 9om fusrn MBram, BuerN nna • nrctamrhara,M•h.m • Dehde CmJt HunlmBNn Bean • [Ole,m De9NmB, lalund MTeI • AleM1ab D~aon. ~ 1e rvna • Ma Ma U Palma • BN Aen. Drta iv0 aN6'^+T Nn*Pn+Beaty Rikmalde Cwnn- Nona, echkr RMRde C~.d ~I ray ~ ~p~q~n e~ renT. See Bemndlee B.vnR %ul BunG Svn aenmrdlnv [runty & NenaMn Aentlm Cwimmlm FOMnI BVrtOVn imm d 4V+< ppylan.~DaN. ~+.a~s d~~: rumdraeav •G+:r 10n. DaNnde~ QMtlN.0eh01an MmleaM1 Y.ilN Ylal~a COeirtf` BtlT MkelS. Semwa Cmn% • Dlm Beettm. Sim Yodel • [NI Momhm,X Sm Bveaaxi,Ma • TMITxe'S• IM WmmnM DranRe Cnunry Tllefpotiatlell Annmlry: tlvb $mIIR Onng Camry Raldde mMly TmnsywadlmP a,mnlaslM: aaKM Inht, lhmll Yenwn wngLan,pumalvn CammN9mr, Bm Devi Smuuvn Letter 1 March 4, 2004 Ms. Debta Meier, AICP Associate Planner CRy of Ranoho Cucamonga planrnng Department 10500 Cmc Center Dave Rancho Cucamonga, CA 91729 CITY OF RANCHO CUCAMUfJGP 11AI{ U 8 2004 RE: SCAG Clearinghouse No. 1200411101 Tentative Tract 16324/Fient>Eison Creek Dear Ms Meier. Thank you for submitting the Tentative Tract 16324Menderson Creek for c ~trn and comment. As areawide clearinghouse }or regionally significant projects, .~CA~:~ reviews the consistency of local plans, projects and programs with regional p12n3 This activrty is based on SCAG's responslbihties as a regional planning ohgamraaon pursuant to state and federal laws and regulations. Guidance provided by the:.e reviews is intended to assist local agencies and protect sponsors ro take rtctlons +hai comnbute to the attainment of regiona! goals and policies. We have reviewed the Tentative Tract 1632q/ffenderson Creek and here determined that the proposed Protect is not regionalty s+gnrf'icant per SCAG Itttergovemmental Review (IGR) Criteria and CalHomia Environmental Duality Prt (CEQA) Guidefines (Section 15206). The proposed protect Is not a resident al development of more than 500 dwelling units. 0 is not necessWa~ry totes W~pa Notice~of copy of the Final EIR for this Protect However, please pr Avattability for the Fine! EIR. Please be sure that the No4ce includes a comlalE48 project description and comment due tiara. Therefore, the proposed Project does not warrant commerns at this time. Shovtd there be a change m the scope of the propcas ~d Project, we would appreciate the opportunity to review and comment at that torte Intergovernmental Rpeview Cleannghotdse Re bport for publk: reW,ew and corru en~tr ?OD4 The project title and SCAG Gearinghouse number should be used In a0 correspondence with SCAG cwtceming this Protect. Correspondence sheukl k~e saint tO the attention of the Clearinghouse Coordinamr. B you have any questions, ppaBr>e contact me at (213) 236-1 St37. Thank you. AICP Review 1 1 1 1 i 429/2004 1 ~_Z Henderson Creek Propemes Final EIR LJ 1 J 1 1 1 1 1 1 D 1 1 Letter 1 Southern California Association of Governments, March 4, 2004 This letter states that SCAG staff has reviewed the EIR for the proposed Henderson Creek tentative tract map and has determined that the project is not regionally significant per SCAG Intergovernmental Review Cntena and CEQA Gmdelmes (section 15206) SCAG has no comments ' Henderson Creek Properties Emal EIR 10_3 4/29/2004 Letter 2 DEPARTMENT OP PUBLIC WORKS RDDD CBgTROL • flE810BAL PAriN3.8a1D WRStE BIGMt • SUBYEYDR • 1RAIBPOR7RilOrt 825 Earl tYDd BUEet 8aa BemaN6r, CJ{ !2415-BA3B~ ~9091397~730 Aprll 7, 2004 coutm' of sort eFaDr<aoma ECpNOMIr, DEVEUJPBIktfl• Rtp PL BLK "aEliV•CES GRSIIt' DIrECICr D" P'164C W(Ik5 Ms. Debra Meier, AICP, Associate Planner City of Rancho Cucamonga Plamting Division 10500 Civic Center Drive Bile #10(b'NV)-4.01 Rancho Cucamonga, CA 9]729 RE: DRAFT I;IR - }D;NDERSON CREEK PROPERTIES GENERA~,IT'Y ip AMENDMENT, NOR'T'H END OF WARDMAN-BiTLLOCK RJAD, RANCHOCUCAMONGA bear Ms. Meier. Thattlc you for giving the Saa Bemardiao County Department of Public Works the opportunity to comment on the above-referenced project. The project consists of devclopitig 123 residenosl units to provided need housing for the increasing housing demand in the City of Rancho Cucamonga. After reviewing the submitted document, our Department Iurs ror>>ments concerning this project, as it may affect San Bernardino County- C ~~ The Water Resources Div:sion's comments are as follows: 1, According to the most recent FEMA Flood lu4urance flag Map, dated March J .,1996, the six I 2.1 is located witlaia Zone D, flood hazards are undetermined. 2. In our opinion, thds site may be subject to infrequent flood hazards by reaso is of ovcrl.o~v, erosion and debris deposit{on is the avast of a major storm and breakout of fvv,~s from 2-2 Henderson CharuaeVEtiwanda Creek Channel until the recommended rmp-ovetnenGl to the channel are made. Therefore, it is assumed that the improvements pmpt~ed for Hc-Idr-rsrm Channel will be complete prior to construction of tbo development 3 It Ts also assumed that the City will establish adequate Inrovision^. for iut~xcepting a:td ~ 2-3 conducting the accumulated drainage around or through the site in a manrcr tbat'Hi1L rot adversely affect adjacent or downstream properties. 4. FEMA requires that the local agency (City of Ratteho Cucamonga) adcmt end enfor~-c I requirements for development within Aoodplains, It is assumed that the City wdl, a'. a 2-4 minimum, enforce the most recenR FEMA regulations. post-tt° brand tax transmittal memo 7671 r w wow • ~-- ar -11 son F'°~S• r `~"•y"1~-z 4l " 3S~- ~~~ __T egnn~ L SI,pQ _ .~ Fir3t 9bi+"47 7";'d+SC •i. ~~ 337n1 H L,. ,n EtrL'. P6PTT/'.3 ... 1 ~ , N. ~ r •gr:.,..~r5•., OiLcn, ^" L =:rqe ... ..... 9eroPd phnd PalrTi nr lN! a: ., ' i V CUFr•~RUYO'JtiG. L•~Jrdrht u u 1 4129/2004 10_4 Henderson Creek Propert,es Final EIR ' L~ page 2 ' April 7> 20p4 _ ~ PLAN MBNDMbME NOR ~1D OF WARDMAPt'8 [.IU OCK ROAD, CITY OP RANCHO CUCAMONOA ' 5. A permit will be required from the Flood Control District's OperatioDE 7tvisioty Permit I 2-5 SccHoa prior to crlcroachment oa Flood Control Districtright-o£-way ' Should you wish io fwrthcr discuss this mgtter, please contact our office at (9Q9) ~8 ;'-81 G9. ' S" rely, ' Dip,RI;SII P. A)<tMA, P.E., Cht'- F~viromnwtal ]Vlattagement Division ' NI?'V:SEL:jttuceQAConma+n_Ra+cwocuc_Rerrow~wNCR2t,I~ROr_aoc cc: Shay Lawrey,llVlD pJ1vI Reading F~lc 1 ' Henderspn Creek Propemes Final EIR 10_5 4/29/200A- Letter 2 San Bernardino County Flood Control District, April 7, 2004 Comment 2-1 This comments states that the site is located m Zone D on the most recent FEMA Flood Insurance Rate Map Response Page 4.6-2, first paragraph under Applicable Policies, Plans and Regulations has been revised as follows Federal Emergency Management Agency The project site is currently located within a ~ nn ..°.,_ i,.,.,.,..,i .,.°., ..°i,..°a .,. H°~=~d~--~°~ floodnlam ~dentlfied as Zone D, flood hazards are undetermined. accordine to the most recent Federal Emereencv Manaeement Aeencv (FEMAI Flood Insurance Rate Man (March 18. 19961 The County of San Bernadino Flood Control Distnct is responsible for the maintenance of the Henderson Creek Channel The Henderson Creek Channel and improvements to the levee have been designed to capture all flows entenng the creek and conveying the flows and then offsie. These improvements must occur pnor to development of the Henderson Creek property Upon completion of the levee improvements, the levee will protect the property from these flows and potential flooding FEMA will require the applicant to process a Conditional Letter of Map Revision (CLOMR) based on the proposed improvements to the levee and a Letter of Map Revision (LOMR) following completion of the improvements Both acrions must occur pnor to implementation of the Henderson Creek prolect. The Citv of Rancho Cucamonea has adopted FEMA reeiilarions and will enforce the most current FEMA ret>ulations for development within a floodnlai, applicable to the Henderson Creek nroiect In addition, the second pazagraph under Impact Analysis on page 4 9-4 has been revised as follows: The County of San Bernardino Flood Control District is responsible for the maintenance of the Henderson Creek Channel, which traverses the project site. The Henderson Creek Channel and improvements to the levee have been designed to capture all flow entering the creek and them offsrte. These improvements aze scheduled to occur pnor to development of the Henderson Creek property Upon completion of the levee improvements, the levee will protect the property from these flows and potential flooding. The prolect site is currently located within a ~ nn ..°... i.,..,...a ...°......a floodnlam identified as Zone D. flood hazards aze undetennmed, accordine to the most recent FEMA Flood Insurance Rate Man (Mazch 18. 19961. The proiect will be required to process a Conditional Letter of Map Revision (CLOMR) based on the proposed improvements to the levee and a Letter of Map Revision (LOMR) following completion of the improvements Both actions will be processed through FEMA 489/2004 10_6 Henderson Creek Properties Rnal EIR ' Completion of levee improvements and approval of the Letter of Map Revrsron would remove the project site from the 100-year flood zone Therefore, this impact would be less than slgmficant and no mrtrgat~on ~s required ' Comment 2-2 The project site may be subject to infrequent flood hazazds m the event of a mayor storm event and breakout flows from Henderson Creek Channel/Etiwanda Creek Channel until recommended improvement to the Channel are made Response As discussed on page 4 9-4 of the Draft EIR under Impact Analysis, ' recommended improvements to the Henderson Creek Channel/Etrwanda Creek Channel will be completed pnor to development of the Henderson Creek property ' Comment 2-3. The County assumes that the City will establish adequate provrsrons for intercepting and conducting accumulated drainage around and through the site ' so as not to affect downstream properties. Response The project will be regwred to accommodate storm waters that could affect adjacent or downstream propertres or projects As discussed on page 4.9-4 of the Draft EIR "The ma~onty of the drainage from the annexation azea wrll be collected onto on-site underground storm drains and then conveyed into a 66-inch storm dram along San Segundo Dnve All streets will be designed to accommodate storm waters that could exceed the top of curbs rn the event of a 25-year storm as well as the nght-of--way fora 100-year storm. All necessary ' facilrt~es will be localized m nature and will be inspected and maintained by the Crty of Rancho Cucamonga Public Works Department " Comment 2-4. The Crty must enforce the most recent FEMA regulations. Response: Please see response to Comment 2-1 above. Comment 2-5• The County indreates that a pennrt would be requrred for encroachment onto Flood Control Drstnct right-of--way Response: The protect site rs adjacent to lands under the ownershrp of the San Bernardino ' County Flood Control Drstnct (SBCFCD) It ~s not the developer's intent to encroach onto SBCFCD ro erties p p 1 ' Henderson Creek Properties Final EIR 1 p_'~ 4/29/2004 Letter 3 CfiYUFRA~~t;;ypCUCA~1gONUq March 25, 200+~ ~ ~~~]~ ~ y 2Q~~ 13940 Guiders Driv+: nr_, _ Etiwanda, California Vice Chairman McNiel Rancho Cucamonga Planning Commission Rancho Cucamonga Civic Center Dear Mr. McNiel: I'd like to express my appreciation to you and to the members present of the Planning Commission for the opportunity to :;hare concerns of the residents ofSheridan Estates regarding -the Hendersor_ Creek Properties proposals under consideration at your March 24th meeting. ~ We're all relieved to know that the developer has made provisic-: to ensure adequate water pressure in our community. iIt is +alsa~'goocl to find that there is an awareness £or improvement of Wardman Eulloc Road, since it is a major egress from our immediate area. The comment that "improvements are contemplated for both sides of the street" is a little confusing, however. I) actual significant widen~.~tg of the roadway is not implied in that statement, then we may haoe a problem. Folks in our immediate area were trapped for ~a time cura:t; the recent fire emergency because emergency equipment blocked nt+r means of escape. We'd all like to be assured that situation woi+'t recur. There is one other concern as well. Wardman Bullock Road t~e:eom~~s Banyan once it crosses Wilson Avenue. There are three schools :ut t•tt3 immediate vicinity; twice a day traffic comes to a standstill a:.or+, that street. There is no alternative surface route out of the :at~ea for those who wish to travel west.The proposed influx of 123 fatni]_ies (±200 children who will attend those schools) is likely tc exa~:~_rl~~ate the situation. If funds for a westerly extension of Wilsor Aven~se are not available at this time, then perhaps the Henderson Crea'c proposal should be held up until they are. No one likes a traffic ism. 4/29/2004 Sincerely, ~°~>~„~ ] p_g Lee FR4der~aG$~K[t6Prrties Final EIR Letter 3 ' Mr. Lee Blattner, Local Resident, March 25, 2004 Comment 3-1 Thrs comment states that appropnate improvements must be made to Wardman- ' Bullock Road to ensure adequate access to existing and proposed neighborhoods, including emergency access. ' Response A Traffic Impact Analysis was prepared for the protect and summanzed m the Draft EIR m Section 4 2 and included m its entnety as Appendix B ' The developer will be regmred to constmct Wazdman-Bullock Road along the protect frontage at its ultimate half-section width as a Collector roadway and to complete the westerly portion of Wardman-Bullock Road from the south protect ' boundary to W~Ison Avenue (see Mitigation Measure TC-3, page 4 2-29) Future improvements to these roadways will occur when adjacent, currently undeveloped properties are developed 1 The proposed Henderson Creek project ~s estimated to generate a total of 1,206 trap-ends per day with an additional 90-95 vehicular traps dunng morning peak hours (7 00 to 9 00 am) and an additional 121-127 vehrculaz traps m the afternoon peak hours (4 00 to 6 00 pm). The intersections that would be impacted by the project aze• • East Avenue at Banyan Street • Wardman-Bullock Road at Wrson Avenue • Cherry Avenue at Summit Avenue • Etiwanda Avenue at Banyan Street As discussed on page 4.2-28 of the Draft EIR, the project's fair share contnbution has been calculated based on the project's traffic volumes at two of the intersections that will operate at deficient service levels with the project in the yeaz 2004 (project opening day). The project's contnbution to rmprovements ranges from 11 5 percent to 73 9 percent. The assocrated cost of the rmprovements has been multiplied by these percentages to determine the project's contnbution. The total fair share cost ~s estimated to be $25,676 This means that the developer of the Henderson Creek project will be required to deposit funds with the City that will go toward future improvements at two intersections The improvements will be a stop sign to control east/westbound traffic at Wilson Avenue and Wardman-Bullock Road and a traffic signal at Etiwanda Avenue and Banyan Street. These improvements and the developer's fair share will alleviate the impacts associated with the projected 1,206 new trips per day ' Henderson Creek Properties Final EIR 1 Q_(~ 4/29/2004 There are no means of prov~dmg sufficient and well-positioned pazkmg/stagmg azeas, m any new or ex~shng developments, for emergency response vehicles dunng unpredictable Mmes of major disasters. Comment 3-2. This comment states that traffic is particularly slow dunng hours before the three local schools begin the day, and at the end of the school day, and suggests that the project should be postponed until Wilson Avenue can be extended to the west Response: Future roadway system improvements, including the extension of Wilson Avenue, will occur when adjacent development projects are approved and under construction 4/292004 l Q_ 1 ~ Henderson Creek Properties Final EIR ' ' TELEPHONE (619) 702 7892 1 LJ Letter 4 CRAIG A. SHERMAN ATTORNEY AT LAW 1901 FIRST AVENUE SUITE 335 SAN DIEGO CA 92101 2380 FACSIMILE (619) 702 9291 March 30, 2004 CII"Y CE RANCHO CUCAMONGA Via Facsimile (909-477-2847) followed by USPS Ms Debra Meier Planning Division City of Rancho Cucamonga P O. Box 807 Rancho Cucamonga, CA 9]729 RE Henderson Creek Prooemes, LLC DRC 2003-0075 ] Dear Ms Meier: s~t'K 0 ~ 2004 RECEIVED -PLANNING It is my understanding that the City is considering adoption of a Development Agreement for the above referenced project. It is essential that a review of that Development Agreement (a legislative act) be made available as part of the public and CEQA review prior to adoption This is necessary because such negotiated contracts often have terms and provisions (to be codified as particular building/zoning regulations) which may differ from other laws, regulations or approvals Could you please forward, via fax and U.S. Mail, a copy of the Development Agreement to my office as soon as possible ' Thank you for your attention to this matter S c 9rely, ' Craig A Sherman CAS' pb 4-1 ' Henderson Creek Propemes Final EIR 1 ~_ 1 1 4/29/2004 Letter 4 Mr. Craig A. Sherman, Attorney at Law, March 30, 2004 Comment 4-1 This comment is a request for a copy of the draft development agreement for the project. Response• A copy of the proposed development agreement is included m the Final EIR as Appendix K 4/29/2004 I ~_ I Z Hrnderson Creek Properl~es Final FIR ' TELEPHONE (61 9) 702 7892 Letter 5 CRAIG A. SI-lE[t~~,~ty ATTORNEY AT LAW 1907 FIRST AVENUE SUITE 335 $AN DiEaO CA 92101-2380 April 4, 2004 F{`051 MILE f61 ~ 702 929 I ' Yia Facsimile (909) 47~ 1847 Fo/lowed lry U.S. Mail ' City of Rancho Cucamonga Plaruung Commission Attn. Larry Henderson 10500 Civic Center Drive ' Rancho Cucamonga, CA 9]730 Re: Comments on the Draft Environmental impact Report Proposed Henderson Creek Properties DRC2003-00749 through DRC2003-00753 and SUBTT16324) ' ( State Clearinghouse Number 2003 1 1 1 057 ' Deaz Mr. Henderson: e Cormcil f the Sa it i g o r Tliis office represents The Habitat Trust for Wildlife, Inc. and Sp rofit projects and corporation, non- t 3 p wo ), (collectively, Sage Council) is a 50t(c)( tecgng consisting ofNa6ve Amencans, scientists, citizens and members dedicated to pro ~ and conserving America's natural and cultural hentage, including endangered sp , natural habitats. Both of these groups have members and supporters that reside in the City of Rancho enjoy and find reate h , o rec Cucamonga (City) and Sari Bernardino County (County) w including that area that is subject to es , spiritual renewal in the regions natural open spac the referenced proposed development. ' These comments aze provided by Sage Council and other interested community groups sons m the City of Rancho Cucamonga and the western area of the County of e d/ r or p an San Bernazdino ("County"). The Sage Council provides this comment letter in response the Draft Environmental Impact Report ("DE1R'~ for the above-referenced Henderson t ' o Creek Properties residential development subdivision and relatedlassociated City and LAFCO administrative actions (collectively, Project) t Henderson Creek Properties Finai EIR 1 ~_ 13 4/292004 Page Two April 4, 2004 City of Rancho Cucamonga Henderson Creek, SCH No. 2003 1 1 1 05 7 These comments are provided as an essential and integral part of the Califonda Environmental Quality Act, Cal Public Resources Code §§ 2 ] 000 et seq. ("CEQA"). CEQA Gmdelrne § 15201, Sutter Sensible Planning, Inc v. Board ojSupervisors, (1981) 122 Cal. App 3d 813, 820. The purposes of these comments aze specifically and generally intended to (1) shaze knowledgeable local expertise, (2) check the accuracy and detect ormssions of agency and protect proponent analysis, (3) drsclose public concema, (4) disclose legal de&ciencres and misapplication of local, state and federal laws, and (S) to solicit and recommend necessary alternatives and counterproposals. CEQA Guidelines § ] 5200; Selmi, TheTudu7al Development of the California Environmental Quality Act, 18 U.C. Davis L. Rev 197, ZRS (1984); Towards Responsibikty m Planning v City Council, (1988) 200 Cal. App 3d 671, 682. ,O~ osition to the Protect and its Environmental Review and Minimization of Impacts The Sage Council is in disagreement and opposes the Project proponent's and Crty's 5-1 proposals, conclusions, environmental determination and findings. Sage Council requests that City deny the Project as proposed and adopt the No Project Alternative. The Project as proposed fails to meet the requirements of state and federal wildlife agencies, EPA, ACOE and CEQA guidelines for numerous reasons. Our reasoning for opposition, along with recommendations are given below. The Saga Council formally requests that each of the below questions be fully and directly answered and responded to to the Final EIR (FEIIt) according to law as provided by CEQA. Cumulative Impacts 1. The list of cumulative protect sin Table 5-i is outdated. This should be updated I g_Z to reflect developments projects the City is now aware, rather than last year in October 2 It is not possible to determine or analyze the potenttal cumulative impacts to Land Use/Planning that is modifying land types and density on such awide-spread 5-3 scale. How many other listed projects (in Table 5-1) have requued or obtained or aze applying for general plan or specific plan amendments? LJ L 4/29/2004 10-14 Henderson Creek Properties Penal EIR , Page Three Apnl 4, 2004 ' City of Rancho Cucamonga Henderson Creek, SCH No 2003111057 ' 3. What aze the cumulative effects of Crty's mcremental and continuing general and ' specific plan amendments as such relates to tins Protect and the standards, $-4 densities and open space goals as adopted in the 1991 general plan and any applicable specific plan (i.e , Edwanda north Specific Plan) 4. The cumulative impacts or effects analysts regazding open space and/or biology resources is deficient. Based on the impacted 2,400 acres listed on Table 5-l, $-$ what cumulative effects to brological resources have occurred Has this been ' mitigated? How and to what extent has this occurred? 5. Identify the number of acres and location where each of the listed development I 5-6 ' projects (in Table 5-1) have mitigated the loss of natural open space and biological resources. 6. To the extent that significant effects aze occurring on a cumulative basis, it is this , $ ? ' Project and its EIR to depict the same and attempt to mitigate. I ' 7. The DEIR fails to analyze water service and water availability tmpacts for the ' City's increasing densities being butlt by this Project, by its contmual general plan $-8 amendments, and the cumulative effects of the listed project in Tab]e 5-1. What long-term supply of water is available for this Project and other listed proj ects in ' drought yearsT 8. Project is on a watershed and recharge basin How does this Project, and other related and known nearby projects adversely effect groundwater dischazge and the $-9 aquifer (or aquifers) located at and downstream the project site? ' Development Agreement ' I. Tlvs City proposes to adopt a Development Ageement for [his Project but not list the details of the promises and locked m building, zoning, and land use regulatrons to be given by the Ctty to the Project. These details aze not listed or ' summarized in the DEIR, and a draft of the proposed Development Agreement $-10 has not been made available to the public or decision-makers for review or comment. What aze buildmg, zoning, and land use regulations are to be ' legislated by Crty for t}ns Project? Has Cityprovided these same relaxed or modified bui]ding, zoning, and land use regulations to other development projects m the area (such as those listed on Table 5-1)? ' Henderson Creek Properties Finat EIR l ~_ l 5 4/29/2004 Page Four Apn14, 2004 City of Rancho Cucamonga Henderson Creek, SCH No. 20031 1 1 057 2. What aze the cumulative effects of enacting development agreements for the ltsted projects in table 5-1? 3. How do the terms of the proposed Development Agreement differ from the existing budding, zoning, and land use regulations m the applicable general and/or specific plan, as well as City's currently adopted codes and ordinances? Infrastructure t?ne of the Project goals is to pmvlde "backbone public infrastructure" to serve Project residents and surrounding communities. The DEIR should identify what infrastructure is being built, planned, adopted, or made available by this Prolect which could serve existing or future developments. What roads, utilities, flood control, sewer can or will connect with other existing or future planned developrnentsT Will any infrastructure planned, approved, or constructed by this Project contribute to growth inducing impacts? Lf so, what potential rmpact? Hoasin¢ Ovportauities How does this project comply with the City's affordable housing program? What ordinances, codes, or plans of City require developments such as this project to contnbute to low- or moderate- income housing opportunities? 2 Based on developments approved by City over the last 5 years, what are the percentages of housing types and income levels which have been approved and made avatlable? 3. What aze the cumulative effects of City bwiding no low- or moderate- income houstng opportunities in this expanding northern area of the CityT Is the City developing a protected or segregated ghetto for the nch? How does the City's proposed general plan amendment address this rssueT 1 I 5-11 , 1 5-12 , ~1 5-13 ' 5-14 ' 4/29/2004 1 ~_ 16 Henderson Creek Properties Fina1 EIR , 1 II~ iL 1 C LJ Page Five Apn14, 2004 City of Rancho Cucamonga Henderson Creek, SCH No. 2003 1 1 1 057 Annexation 1. What other parcels or land areas are currently under constderarion (either at the plannmg, application, or for annexarion to the City from the County? 2 What are the direct and cumulative effects of Crty's past and current annexation of County lands? 3. What pen;entage or amount of land recently annexed by City (over the last 10 years) has been made available for low- or moderate income housing74. 4 What percentage or amount of ]and recently annexed by Crty (over the last ]0 years) has been zoned, approved or otherwise set aside as natural open space? Idenrify those land areas where City has annexed land and has set astde such land ~ azeas for the purpose of mitigating natural open space or biological resource losses? 5 What percentage or amount of land recently annexed by Ctty (over the last 10 years), and developed wrth housing has been made set aside as natural open space? 5-15 6, What ~s the propose of annexing the 10 acres north of the project site? Why is it not a part of the proposed subdivisionT What are the potential future uses of this 0-acre area? How will it be zoned by the CityT Are any direct or indrrect 5-16 impacts being caused to this ]0-acre area? Will the proposed Project's Fuel ModiScation Plan affect any of the azea wrthin this 10-acre land azea? Mineral and Aeere¢ate Resources 1. Is the Project zoned by either the County or the state as possessing MRZ-2 type soils or having any mineral resource overlay? 2 What City, County, generaUspecific plans, land use ordinances or zoning ordinances have identified the Project site as possessing mineral or aggregate resources? What existing and future mineral resources are available for rmnera] extraction elsewhere m the Ctty, County or region? 3. How does this proposed Prolect comply with the City' mineral resource protection ordinances or plans (e.g., in its general or specific plans) 5-17 ' Henderson Creek Properties Final EIR 1 ~_ 17 4/29/2004 Page Suc , Apn14, 2004 City of Rancho Cucamonga Henderson Creek, SCH No. 2003 1 1 1 057 ' , 4. Is there any mitigation offered to resolve the duect and cumulative impacts arising liom amending developing the Project site or amending the general or specific plans due to the loss of mineral resources? ' 5-17 5 What potential cumulative effects may result from loss ofother mineral resource con't opporlumties~ ' 6 What are the notice and envirormental review requirement imposed under Public Resources Code §§ 2762 and 2763 for this Project? ' 7. What information in the DEIR indicates whether there is mineral reserves available for supplying construction aggregate for the region's population for the ' next 50 years? Imuacts From Fuel Modifcation Plan , 1 What additional natural open space or biological resource values are being lost or potentially by the Fuel Modification Plan set forth in Appendix G? ' 2 What are the potential environmental unpacts and/or resources losses li+om ensuring that Henderson Creek 'tivill be rocked and maintained in afire-resistant mode"? What methods of vegetation removal aze planned to be employed? , What type of vegetation exists in the Henderson Creek stream and floodway 5-18 channel now? ' 3. For all fuel modification zones and areas {including that of Henderson Creek), identify the amount of acreage being affected by the proposed Project's Fuel Modification Plan. ' 4. Identify all areas (including open space, flood control, utility corridors, and/or other SCE utility easements) which will be affxted, directly or indirectly, by the , proposed Project's Fuel Modification Plan 5. What are the potential adverse effects may result from of landscaping with , "firewise vegetation" with irrigation? What aze types of exotic and non-native plant and vegetation species are planned to be introduced to the area? What mitigation measures aze proposed to prevent the introduction and/or spread of , noxic, invasive or other non-native plants and animals and insects as a result of City's proposed Fuel Modification Plan 4/29/2004 1 Q_ 18 Henderson Creek Propemes Final EIR ' ' Page Seven Apri14, 2004 ' Cityofl2ancho Cucamonga Henderson Creek, SCH No. 2003 1 1 1 05 7 ' Inadequacies with Project Description ' ~ The proposed Henderson Creek Properties development (Project) site is ]ocated wtthin the jurisdiction of the County of San Bernazdino, San Bernardino County Flood Control District, County-wide MSHCP area (mapped), State NCCP Program Area (mapped), ' County NEOSHPP azea (mapped) and within the Sphere of Influence of the City of Rancho Cucamonga The Project (proposed TT 16324) and habitat lands are found at the forked roads of Wazdman Bullock and Colonbero, north of Summit and to the east of ' Etiwanda Avenue and west of Cheny Avenue. The Protect is in the "sphere of utfluence" of the City that is assuming the lead agency. 1 1 Since there is an inconsistent description of the Protect in CEQA documents, , found in the "Revised 3-31-99" Form A (P 23) and DEIR (p 1-1) provided to the 5_19 Sage Council It is unknown and difficult for the public to understand as to whether the Project size in acres is 62.5, 63.5, 65.3, 90 4, 96.9 or 100? 2. The Sage Council recommends that if the City desires to obtain County Flood Control lands, adjacent to the proposed Prol ect or elsewhere in the County, that the City should prepare a separate annexation request to LAFCO Otherwise, the proposals submitted with the residential development Project makes the appearance to the public that the Cityand/or County aze co-conspirators and partners in a private development project. This includes the Project's need for plan amendments, rezoning and mitigation lands. While the City and Developer may have the same desire for land uses, the City needs to keep it's desires separate and clean (t.e. The Developer needs to propose annexation for only those lands that the company owns. The City needs to propose annexation for only those lands that the City desres to have within its jurisdiction.) 3. The Project description appears convoluted, misleading and confusing to the reader. The Project and description needs to be cleaned up and clear for the public to understand what is being proposed and why. 4. The Protect consists of 121 residential amts (on 62.5 or 63.5 acres?) Why is the LAFCO request for 100-acres when the Developer has less than 65-acres 5. The Protect proposes 1231ots (Why two extra lots? Are these extra lots on County Flood Control lands or Edison) 5-20 5-21 ' Henderson Creek Properties Rnal EIR I ~_ 19 4/29/2004 Page Eight Apn14, 2004 CityofRancho Cucamonga Henderson Creek, SCH No. 2003 1 1 1 05 7 6 The Project requires Annexation from LAFCO -for the privately held lands and public County lands currently under the jurisdiction of the County. Why isn't the 5_22 Project going through the County for approvals or denial? Does the lawsuit between the City and County over development jurisdiction have anykhing to do with how this Project is being processed? How so7 7. The Project requires the City to amend the General Plan and the Etiwanda North Specific Plan (ENSP) because the proposed Project is inconsistent. How many 5-23 tunes has the City amended the ENSP because proposed developments were inconsistent How many tunes has the City amended the General Plan because the proposed developments were inconsistent 8. Why is the residential Project being attached to adjacent lands chat are currently designated County Flood Control and Open Space lands? 9 The Project requires rezoning from County Flood Control to Residential. Why is the City encouraging a residential Pmlect within a mapped and known Hazard Area for flooding, wildfire and earthquakes' 10. Why would the Crty amend it's General Plan and Specific Plan to encourage residential development in an area that state and federal public 1nusK agencies (CDFG and USFWS) have repeatedly told the City to conserve for habitat and wildlife? 11. The Project regmres EPA approval letters to rezone. Why have these request and correspondence letters not been included m the DE1R7 The Sage Council, Public and City representative need to have all the information to make an informed opinion and decision. Thus the DEIR fails to do so by selectively excluded important information about proposals to the EPA.The FEIR needs to include all communication letters and email regazding this important matter 12. The Project includes a Development Agreement, The DEIR fails to include the referenced Agreement for public review and comment. Why was this document excluded from the DEIR? 5-24 5-25 5-26 15-27 13. The Project does not have a previously approved Tentative Tract Map that has been identified in the DE1R The proposed TT is identified as SUBTT16324 a subdivision. What TT is it a subdivision of? When and what date was the TT map 5-28 proposed and/or approved? Form A has a Revised date of 3-31.49. Is this Project, TT and SUBTT legal and consistent with the Tentative Tract Maps Acts 1 4/29/2004 10_20 Henderson Creek Properties Final EIR ' LJ Page Nme April 4, 2004 CltyofRancho Cucamonga Henderson Creek, SCH No 2003 1 1 1 05 7 14 The Project DEIR and CEQA documents fail to drscuss the following issues; Aesthetrc/Vrsual, Ftscal, PopulatlonlHousmg Balance, Recreation/Parks, Schools/Universtties, Solid Waste, Toxtc/flazardous, Water Supply/Groundwater, Wetland/Riparian. These elements must be identified, discussed and mitigated for Why has the Project proponent and Ctty excluded the unportance of these elements and environmental impacts The Sage Council and Public, as well as Plarmrng Commissioners need to be fully informed to make a fully informed 5-29 decrston on how the Project tvrll effect the environment. The Planning Commission should send this DEIR back to Planning Staff and Project Applicant with du-echon to correct tins problem. The issues and elements that were excluded from the DEIR also excluded the appropriated related reviewing agencies - i.e Colorado River Board. The Project as well as several other in the area wtll all need water that has it's Colorado Rtver Source. It rs our understanding that the Cucamonga Water Company and Santa Ana District Water District assume that water can continue to be acquired from these water source origins. This "assumption" needs to be adequately identified and addressed for this Project impacts and cumulative/collateral impacts of other Protects proposed Other Deficient Items and Matters Omitted in DEIR The DEIR fails to include County Hazards Overlay Maps, City Hazards Overlay Map, EPA Hazards maps and warnings, and FEMA Hood plain and map information. The effort of the Project is obtaining an approval letter from FEMA is interesting but such flooding information is relevant and necessary for public and decision-makers to review 5_30 the Project, and should be included in the Project DEIR Io these regazds, there should be map that shows the Project site plan (exhibit 1-B) as it falls within such hazard overlay maps and flood zones. The DEIR needs to include a Project design description regarding the structures planned to be built at the site (e.g., are they 1 or 2 stories?) Ties could affect viewshed, aesthetics, and other visual impacts. This is ono example why the Development 5-31 Agreement needs to be provided and ctrculated with the DEIIt. Also, the DEIR is deficient in disclosing the equestrian plans associated with the Project both on- and off-site There are a number of additional direct and indirect impacts which result from the creation of such activity centers and uses, and such is required to be made 5_32 apart of THIS environmental review and DEIR (e.g., maps, descnpUons, sections, trans, Henderson Creek Properties Final EIR 10-21 4/29/2004 Page Ten Apn14, 2004 City of Rancho Cucamonga Henderson Creek, SCH No 2003 1 1 1 057 including he-in to overall City or County planned or proposed equestrian trail system. The DEIR is deficient m identifying both the short-and long term fiscal (socio-economic) impacts potentiapy caused by the Project arising from the environmental effects of the Project . For example„ who is going to pick up the bill for loss of water recharge, 5-33 pollution, flooding, fine and earthquakes? What sort of conditions should be placed on the Protect applicant when (not if) such events occur? Whyhasn't the DEIl2 been submitted to the County OS Distract Board for review and comment? Biological Resources The DEIIt inadequately and inaccurately descnbes the habitat type and wildlife The correct descnphon should be `°The Prol ect is entirely within a State designated "Significant Natural Area" and sustains a State designated "very threatened" habitat - 12iversidean Alluvial Fan Sage Scrub (ItAFSS) and Alluvial Fan Sage Scrub (AFSS)- accordmg to the Natural Diversity Data Base and published scientific papers. Addihonady, the U.S. Fish & Wildlife Service has designated the habitat area as "critical habitat" for the federally listed California gnatcatcher and San Bedaardino kangaroo rat. Whether or not current field studies conducted by the Applicant's hired biologist have identified the species as occumng onsite, records with USFWS and County Museum indicate that tbe SBICR do occur. Regardless, habitat for the species occurs on Project site and is federally designated as "critical", requiring consultation with USFWS. If the Project applicant and City desire to process the Project sepazate from the County-wide MSHCP, the Project applicant must prepare and submit a HCP to USFWS in order to receive a TTP. The Project site consists ofRAFSS, AFSS, AFS, Riparian and Streambed habitats. There was a small amount of "disturbed grasslands" prior to the wildfire. Fire and flooding aze important elements of the habitat types and assist in eliminating non-native plant species, including grasses. According to experts on these habitat types it is most likely that azeas of "disturbed grasslands" will not reappear. Also, the mosaic age distribution ofthe sage scrub habitats will change, but not in biological importance. Where there were once pre- fire disturbed grasslands there will be immature sage scrub. Stands ofpre-fire immature sage scrub that were skipped over will become mature stands. r 5-34 5-35 1 1 4/29/2004 10-22 Henderson Creek Properties Final ElR ' 1 1 Page Eleven Apn14, 2004 City of Rancho Cucamonga Henderson Creek, SCH No 2003111057 The DEIR inaccurately identifies habitat type as "Upland" Sage Scrub Even the City knows better, and m the NOP identifies that the habitat is Alluvial Sage Scrub. Why does the Apphcant representatrves use the inaccurate term "Upland" and m what published scientific literature aze they referenc~ng7 It appeazs that the Upland term is being used to avoid identifying habitat impacts and mitigation. Page 1-6 City incorporates by reference 3 documents Does not include ENSP, MSHCP/NCCP, NEOSPP. Why is City using a 1989 Master Environmental Assessment? Doesn't the City have a more recent Environmental Analysis of the protect areal Why isn't the City using the 2001 General Plan FEIR7 Why didn't the CRy refer to the ENSP? What findings, conclusions and analysis m the ENSP was relied on to form ttte scientific determinations made by the City in the ENSP, and which should be used, or at least considered, for this Pro~ect7 See Page 2-3 Sectron 2.4 "EIR IMPACT EVALUATION ANALYSIS" uses outdated City General Plan with the 1989 EA. Sase Conseil Recommendations to the City Sage Council requests that Planning Commissioners and City Council deny the Project and related proposals at tlus time Sage Council also requests that City planners and the Project apphcant correct the DEIR and other CEQA documents to 1) More accurately describe the project, Z) Include an adequate and feasible range of Project Alternatives, including those that will {a) eliminate equestrian elements (lots, trails, park) (b) provide for greater on-site and off-site habrtat conservation (envtronrnentallysnperior), (c) fit consistently into existing Genetal Plan, Specific Plan and Zoning requirements without requiring amendments. 3) Deny any and all development, including equestrian use and infrastructure m currently designated and known Hazazd areas including Flood. 5-35 con't 5-36 5-37 Henderson Creek Properties Rnal EIR 10-23 429/2004 Page Twelve ' Apri14, 2004 Crty of Rancho Cucamonga Henderson Creek, SCH No 2003 1 1 1 05 7 ' If the Crty desires to amend the ENSP, the Crty should not include the process along with ' ttus specific Protect proposal. Rather the Crty should notify Ure public, hold public 5_37 hearings and re-circulate the ENSP FEIR and amendments with enough time for the public to review and cgmment on the entire document and the proposed amendments. con't' Why hasn't the City done so? The Crty needs to reconsider new information from the public and public trust agencies regarding the ENSP since it was approved over ] 0 years ' ago Why isn t the Crty reopening the ENSP and FE1R so that the public can address the ' proposed amendments in context to what is actually occurring in the environment and environmental setting at this time? 1 Recommendations To Protect Anolicant/Develouer t d Th S C il d h h P /l A li d 1 age ounc reques s an recommen e s t at t e roject cant owner to; pp an I) Become a willing seller and/or donor of habitat lands to a nonprofit conservation organization and work together to seek funding that is desired The Sage Council , recommends partnering with The Habitat Trust for Wildlife (www.TheHabitatTrust.orgl since the land trust presently holds lands in title m Henderson and East Ehwanda Canyons, north of the proposed Project site. , 5_38 2} Redesign the currently proposed Project to; ' (a) eliminate the equestrian elements - to provide for greater amount of mitigation acres for habitat conservation (on and ofI'site) and increase residential density units (i.e. Project size is 63-acres which 31 acres of ' development @ 4 units per acre = 124 residential units with 32-acres onsrte for Project mrtigatron dedicated as habitat conservation and donated to The Xabrtat Trust for Wildl fe along wit/h adequate ' management funding). This recommendation is feasible since the City consistently amends its General and Specific Plans. 3) Provide funding to the Crty for a future Equestrian Park in a different location. ' The one proposed for the current Protect needs to be eliminated and dedicated to habitat mitigation , 4) If the Protect proponents have acquired County Plood Control lands -these lands have already been designated and used as mitigation for the existing levees and cannot legally be used again to mitigate impacts caused by the proposed Protect , 489/2004 10_24 Hrnderson Creck Properties Final EIR ' 1 1 LJ Page Thirteen Apn14, 2004 City of Rancho Cucamonga Henderson Creek, SCH No. 2003111057 or any other project It is requested that these and other open space lands should be consrdered for donation to The Habitat Trust for Wildlife for habitat and wildlife conservation purposes Final Remarks and Request for further Written NotiTication The issues and questions presented herein are essential for a complete and informative EIIt. This office, my clients and the law regmre full, complete and good fazth responses to the comments and questions raised herem. In advance, we thank you for considenng the issues presented in this comment letter. Should you have any questions concerning any of the points raised herein, please do not hesrtate to contact this ofSce. Please notify this office of any adnunistrative or legislatrvei hearings, circulation of documents, or any other action or heanng related to the Project, i pursuant to lic Resources Code § 21092.2. rely Craig A Sherman cc: clients Attachment (Incorporated Appendices, 1 p.) 5-38 con't ' Henderson Creek Properties Final ElR 1 ~-25 4/29/2004 INCORPORATED AND REFERENCED APPENDICES Relevant to the Comments provided herein, Sage Council references and Incorporates herein by such reference, the following City file documents whrch have addressed resource impacts and have conducted environmental review of such resources and impacts whrch relate to the proposed Project: 1) all the ENSP documents, including public and public trust agencies comments 2) Oak Summit CEQA documents, including public and public trust agencies comments 3) Umversity Crest CEQA documents, including public and public trust agencies comments 4) Rancho Ehwanda CEQA documents, including public and public trust agenctes comments 5) Rancho Etiwanda Estates CEQA documents, including public and public bust agencies comments 6) Tracy CEQA documents, including public and public trust agenctes comments 7) Richland Pinehurst CEQA documents, including public and public trust agencies comments 8) Shendan Estates CEQA documents, including public and public trust agencies comments 9) Henderson Creek Flood Control Project CEQA, NEPA, USFWS, ACOE Permit application documents, enviroririrental assessments, including public and public trust agencies comments ]0) San Sevame Flood Control Project CEQA, NEPA, USFWS, ACOE Permit applica4on documents, environmental assessments including public and public tmst agenctes comments. 1]) State ofCahfoinia, Resources Agency Natural Communities Conservation Planning Program documents, including scienti5c literature references and USFWS Environmental Assessment and Biological Opinion for the Special 4(d) rule under the ESA for the Califorma gnatcatcher. 12) USFWS documents regarding the listing of the California gtratcatcher as "Threatened" with a Special Rule. Also, documents relating to the designation of "critical habitat" for the California gnatcatcher. 13) USFWS documents regarding the listing of We San Bernardino kangaroo rat as "Endangered". Also, documents relating to the designation of "critical habitat" for the San Bernardino kangaroo rat. 14) San Bernardino County-wide Multi-species Habitat Conservation Plan documents, including financial reports that identify receipt of state and/or federal funding for developing a plan that is consistent with the State NCCP. Also include maps and studies that have been performed by contracted biologists at the Coimty Museum. A-1 1 J 1 4/29/2004 1O-26 Henderson Creek Properties Finai EIR ' 1 Letter 5 Mr. Crain A. Sherman, Attorney at Law Letter, Apri14, 2004 Comment 5-1 This comment md~cates that the party represented by this counsel opposes the project and requests that the City adopt the No Project Alternative Response The Planning Commission and City Council will review the proposed protect mcludmg the environmental impact report and its findings, hold heanngs and take public testimony, and weigh all of the evidence, mcludmg wntten public comments received on the Draft EIR and lead agency responses, pnor to taking any action on the project Comment 5-2: Thrs comment states that the list of cumulative projects identified m Table 5-1 ~s outdated Response• The cumulative projects list for the proposed project was based on the list used m the preparation of the Draft EIR for the Tracy Development project, a smgle- family residential project located on 169 acres approximately %2 mile west of the proposed project site The City updated the list to reflect any addrt~onal proposed projects that may have come forward between the time the Notice of Preparation was released for the Tracy Development Project (August 11, 2003) and the time the Nonce of Prepazation for the Henderson Creek project was released (November 10, 2003) The list was updated ~n October 2003 dunng the time the NOP was being prepared for the proposed project. Therefore, the cumulative project list was up to date and timely m rts identification of related projects to be evaluated m the Draft EIR Comment 5-3: Thrs comment states that rt ~s not possible to determine or analyze the potential cumulative impacts to land use and planning wrthout knowing the number of projects fisted m Table 5-1 that "required or obtained or are applying for" general plan or specific plan amendments. Response: The last paragraph on page 5-3 discusses land use and plamm~g issues related to cumulatrve projects. A good portron of the project vicinity ~s currently undeveloped land, and development is lazgely single-family resrdential nerghborhoods, with some multifamrly development and commercial uses along mayor streets and the I-15 comdor The issues rarsed m the Draft EIR concemmg land use and planning and the proposed project aze generally those of density and compatibility with existing land uses Both the cities of Rancho Cucamonga and Fontana have planned their spheres of influence and have prezoned their respective azeas to develop a mix of land uses with low-density residential uses, as well as commercial uses along the main thoroughfares (Summa Avenue near the I-15 freeway for example) Because the cumulative projects listed m Table 5-1 represent new developments on undeveloped land, the cumulatrve projects analysis was based on the change Henderson Creek Properties Final E1R 10_27 4/29/2004 m environmental conditions between baseline conditions (raw land) and the development of the proposed projects rather than the environmental change between two land use designations (i e , Very Low vs Low Density Residential) Thls represents aworst-case scenario Comment 5-4. This comment asks what the cumulative effects of the City's general and specific plan amendments are related to this project and the standards, densities and open space goals as adopted in the 1991 general plan and any applicable specific plan Response: The City of Rancho Cucamonga updated its genera] plan m 2001 and no longer utilizes the 1991 general plan The Ehwanda North Specific Plan is still m force however. Cumulative effects of incremental development m the City, whether regmnng a general plan or specific plan amendment or not, are discussed m the Draft EIR in Chapter 5 0 Table 5-1 shows that development of all cumulative protects would result m the development of approximately 2,400 acres and 4,113 residential amts, predominantly single family homes, and an increase m population of 13,359 Effects are considered to be less than significant because land uses are designed to be compatible and consistent with the goals of the City's genera] plan to protect single-family neighborhoods from development densities and intensities that would diminish the quality of life Also see response to comment 5-3 above Comment 5-5. This comment states that cumulative impacts/effects analysis regarding open space and/or biological resources is deficient. Response. Cumulative impacts to biological resources and open space are addressed on page 5-6 of the Draft EIR. The analysis acknowledges that continued development in the foothill area will further impact local flora and fauna, mainly through the loss of Riversidian alluvial fan sage scrub (RAFSS). Wildlife will have fewer resource areas to use, although most of these are already surrounded by development. Increased traffic will also result m increased mortality of wildlife (road kills) Project applicants are required to consult with the resource agencies to determine adequate mitigation for the loss of wildlife habitat The applicant for the Henderson Creek protect, like other developers in the area must purchase off-site or otherwise set aside on-site, mitigation lands to replace habitat lost by development, contributing or purchasing ]and that is m or can be included m the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) area which would mitigate potential cumulative impacts The NEOSHPP was established by the County of San Bernazdmo as a conservation area to set aside RAFSS The amount of mitigation land to be purchased is negotiated with the 4/29/2004 10_28 Henderson Creek Propemes Final EIR ' agencies Once this has been completed and mitigation lands are purchased, the ' impact has been mitigated Comment 5-6 This comment requests identification of the number of acres and locations ' where each protect listed m Table 5-1 have mrt~gated the loss of natural open space and biological resources ' Response• The number of acres and locations where development protects have purchased mitigation land ~s ultimately behveen each developer and the resource agencies and ~s established dunng consultation between the two Where the lands will be ' preserved and managed, and how many acres of mit~gat~on land would compensate for the loss, ~s established on a case-by-case basis depending on the quality of habitat lost to each development proposal As of December 2003, ' 2,559 acres of land m the NEOSHPP have been purchased and set aside with an additional 429 acres m negotiation including the 58 acres proposed by the applicant This includes all development pro3ects where the consultation has ' been completed, but does not likely include all of the protects fisted m Table 5- l,because many of these may still be m consultation Comment 5-7' This comment states, " .to the extent that sigmficant effects are occumng on a cumulative bans, rt ~s this protect and its EIR to depict the same and attempt to mitigate" ' Response- This comment appeazs to be an incomplete thought However, we can assume that what ~s meant is that the protect ~s responsible for mitigating impacts to ' b~olog~cal resources lost to development of the protect site Please see response to comment 5-5 above. ' Comment 5-8: This comment asks that the long-term supply of water dunng drought years for ' this and cumulative pro3ects be identified. Response: The long-term supply of water for the region rs identified in the Cucamonga ' County (now "Valley") Water D~stnct's Urban Water Management Plan, which rs updated every five years. The water supply to meet the needs of the proposed protect as well as other pro3ects m the area may include rmported State Pro3ect ' Water and/or local groundwater agmfers. The D~stnct has indicated it has sufficient supplies to prowde water to the protect as well as other planned pro3ects within the~r3unsd~ction (see EIR, Appendix H) ' Comment 5-9• This comment asks how this protect and other cumulative pro3ects adversely affect groundwater discharge (recharge?) and the agwfer (agwfers) located at ' and downstream of the protect site Response Storm flows (surface water) that presently cross the protect site dram to Henderson Creek and eventually contnbute to groundwater recharge. The ' Henderson Creek P roperties Final EIR I 0-29 4/29/2004 proposed development will change the flow of surface water but not reduce the amount of water Channeled to Henderson Creek and available for groundwater recharge The 49 cubic feet per second (cfs) of storm flows amvmg at the northwest corner of the project site will be picked up and camed to a Channel and discharged to Henderson Creek The storm flow of 141 cfs amvmg at the northeast corner of the property will be collected m a second Channel and conveyed to Henderson Creek Storm water that is generated on-site will be collected m an on-site storm dram system and camed to an existing 66-inch storm dram at the corner of Wardman Bullock Road and San Segundo Road This ex~shng drainage system empties into the Henderson Channel at the east end of Segundo Road (see EIR page 4 6-9) Any potential impacts to groundwater quality m the underlying and downstream agmfers will be controlled through the issuance and admm~stration of a National Pollution Discharge Elimination System (NPDES) permit to be issued for the project by the Regional Water Quality Control Board (see EIR page 4 6-9) Other project proposed for development in the area are also subject to the design of drainage faciltt~es to handle on and off-site storm flows whrle avoiding impacts to downstream water supplies These projects are also subject to the requirements of an NPDES permit. The water supply to meet the needs of the proposed protect as well as other projects m the area may include imported State Protect Water and/or local groundwater agwfers. The water supplier for the project and the City of Rancho Cucamonga ~s the Cucamonga County (now "Valley") Water D~stnct The Distract has indicated ~t has sufficrent supplies to provide water to the project as well as other planned projects within the~r~unsdretion (see EIR, Appends H). Comment 5-10• This comment asks for details of the proposed development agreement between the City and the applicant identified m the last paragraph on page 3-5 of the Draft EIR. Response A draft development agreement between the Crty and the applicant ~s included m Appendix F of the Final EIR Approval of the Henderson Creek Residential Project Tentative Tract Map will require the following actions by the City Council• Certification of the EIR Adoption of Fmdmgs and Statements of Ovemdmg Considerations Approval of a General Plan Amendment Approval of an Etiwanda North Specific Plan Amendment Approval of a Development Agreement Approval of the Tentative Tract Map 429/2004 10_30 Henderson Creek Properties Final EIR ' 1 The project will also require the approval of an annexation by the San ' Bernardino Local Agency Formation Commission The Draft Development Agreement states that the protect shall be developed m ' accordance with the City's Low-Density Residential D~stnct of the EUwanda North Specific Plan (Provision 2 C 7 ) ' The Development Agreement further states (Prov~s~on 2 F) that other than the mit~gat~on measures and cond~Uons of approval set forth m the EIR and Protect Entitlements (and any add~honal future m~hgat~on programs contemplated ' therein), no other mitigation measures for environmental impacts created by the Project, as presently approved and as evaluated m the EIR, shall be required The Development Agreement therefore provides that the protect be consistent ' with the analysis provided m the EIR The City Council will consider the LJ 1 1 Development Agreement after it adopts the Final EIR Comment 5-11 This comment asks what the cumulative effects of enacting development agreements for the projects listed m Table 5-1 Response Cumulative effects of the proposed projects fisted m Table 5-1 are evaluated m Chapter 5 0 of the Draft E1R The results of the cumulative protects aze the development of approximately 2,400 acres with 4,113 units, and an additional 13,359 people The fact that one or more of these projects includes a development agreement does not change the findings of the cumulative impacts analysis Comment 5-12 This comments asks how the terms of the development agreement differ from ex~shng City's adopted codes and ordinances. Response: See response to comment 5-]0 above In addition, the draft development agreement ~s included in the Final EIR m Appendix F Comment 5 13 This comment asks for a discussion of the "backbone public infrastructure" that would serve other future development projects Does this create "growth mduc~ng impacts" and ~f so, what potential rmpacts. Response For the proposed project, "backbone public infrastructure" would consist of improvements to Wardman-Bullock Road, and extending infrastructure such as water and sewer Imes into the area. Growth inducing impacts are addressed m Section 7 2 beg~nnmg on page 7-1 and includes the following discuss~on• "The proposed Henderson Creek Properttes res~dent~al project ~s one of several res~dent~al projects being proposed, under construction, or recently developed m the upper portions of the cities of Upland, Rancho Cucamonga and Fontana, m the West Valley Foothill area of San Bernardino County Rapid population growth m the southern ' Henderson Creek rhnpetl~es Final EIR 10-31 4/29/2004 California region is anticipated to continue for at least the next 20 years Pressure to provide housing for additional residents is great, and new housing projects m this area, such as the Henderson Creek protect, aze being rapidly developed To the extent that this protect and other related projects m the immediate vicinity are being developed to meet this need, they aze considered growth inducing by encouraging residents to move to the area Pressure will likely continue to be applied to provide additional housing opportunities m the area until development reaches the National Forest boundary, or the NEOSHPP boundary " Comment 5-14: This comment asks how the protect complies with the City's affordable housing program, and low- or moderate-housing income housing opportumhes, and asks for data concerning developments approved in the last five yeazs and what percentage of housing types and income levels have been made available Response The City of Rancho Cucamonga is responsible for ensunng that a vanety of housing stock is available for residents, mcludmg affordable housing The General Plan includes a Housing Element that must be updated every five years, using a vanety of tools and data, mcludmg the Southern California Association of Government's (SCAG) Regional Housing Needs Assessment The Housing Element identifies the number and types of housing units that are currently available m the City, and provides projections for the types and number of units that will be required to meet the needs of the protected population over that five-year penod To understand where m the City vanous types of housing (multi-family, single-family - medrom density, or single family low or very low density) occur, the City's General Plan Land Use Map and corresponding Zomng Map should be refen•ed to Comment 5-15 This comment includes a number of questions that concern annexation and cumulative impacts associated wdh the annexation of several parcels m the area Response• As discussed on page 3-1 of the Project Descnption, The Crty is m the process of submitting four sepazate annexations to the San Bemazdino County Local Agency Formation Commission (LAFCO), mcludmg. I) Henderson Creek Properties (proposed protect) to include an annexation of 100.4 acres; 2) Tracy Development Protect to include an annexation of 240 acres, 3) Richland Development to include an annexation of approximately 160 acres; and 4) a City initiated annexation to include a total of approximately 300 acres, for a total of approximately 800 acres Direct and cumulative impacts of annexation of County lands would generally be associated with development of residential and commercial uses In other words, creating new suburban development m an otherwise undeveloped landscape The result is typical or this sort of growth, i e ,increased traffic, the need for public infrastructure (water, sewer, etc ), provision of additional public 4/29/2004 10_32 Henderson Crcck Properties Final EIR ' services and resultant impacts on those public services, and loss of open space ' and wildlife habitat Low and moderate income housing m the City of Rancho Cucamonga is located ' m vanous locations around the City but pamcularly m the flatter areas of the City to allow increased densities m order to create multi-family dwelling units, smaller, more affordable single-family homes, and townhomes Some of these areas represent existing neighborhoods that predate incorporation of the Crty of Rancho Cucamonga, and have existing infrastructure m place that can be extended to supply new projects ' Areas annexed into the Crty over the past ten years largely consists of areas m the north, northeast and northwest portions of the City in areas where ' infrastructure was not readily available and had to be extended greater distances, or where development costs aze higher. These areas also created opportunities for the City to maintain more rural neighborhoods by creating ' subdivisions with large lots, including equestnan lots Land annexed to the City and developed with housing cannot also be set aside ' as natural open space Once a site is developed, the vacant land is no longer open space However, rt may be the intent of this quesrion to identify how many ' residential projects were requued to purchase mitigation land to be set aside for open space as a result of development If so, please see response to comment 5- 6 above. ' Comment 5-16: Tlus comment asks the purpose of annexing the ten acres north of the project site, why is it not part of the proposed subdivision, and what the potential future uses and zoning of the ten-acre azea. It also asks that any direct or indirect impacts being caused to this ten-acre area be identified Finally, the comment asks if the proposed fuel modification plan will affect this ten-acre azea. Response: The ten-acre site being annexed in conjunction with the proposed project is a flood control easement/utihty corridor. As discussed on page 3-9 of the Project ' Description, the site is currently used for utility easement and flood control purposes and is not a part of the tentative tract map, and no development is proposed The 10-acre site is being annexed in order to prevent the creation of a ' County island, surrounded by the City of Rancho Cucamonga. The fuel modification plan will not affect this ten-acre azea, the plan is specific to the development project ' Comment 5-17: This comment raises a number of questions concerning mineral resources, asks if the project site is identified by the city, county or state as possessing mrneral ' or aggregate resources and what other areas of the city, county or region contain mrneral resources available for extraction. ' Henderson Creek Propetl~es Final EIR 10-33 4/29/2004 Response As identified m the November 3, 2004 Initial Study prepared for the project and included m the Draft EIR as Appendix A, the site is not designated as a State Aggregate Resources Area according to the Crty of Rancho Cucamonga General Plan The State of California Division of Mmes and Geology Mapping of Regionally Significant Construction Aggregate Resource Areas shows the protect site overlying the area zoned as MRZ-3 These areas contain mineral deposits the significance of which cannot be evaluated from available data and therefore are not classified by the State as having regional significance for construction aggregate. Because there is no potential for the proposed project to impact designated mineral resources, the issue was not evaluated m the Draft EIR Likewise, since the project site and vicinity aze not classified by the State, no mitigation is required. Public Resources Code Sections 2762 and 2763 pertain to the State's Surface Mmmg and Reclamation Act (SMARA) Section 2762 pertains to a lead agency designating an azea of statewide or regional significance, within 12 months of the State assigning such a designation to the area Section 2763 requires that if a proposed project would threaten the potential for extraction of minerals, the lead agency must prepaze a statement specifying its reasons for permitting the proposed use, m accordance with the requirements set forth m Section 2762 Since the site is not classified as a having regional significance for construction aggregate, these sections of SMARA do not apply Comment 5-18: This comment raises a number of questions about the proposed Fuel Modification Program for the project. Response The Fuel Modification Plan, included in the Draft EIR m Appendix G, represents asite-specific design for protection of future structures on the site and would be limited to that portion of the site being developed (65.3 acres) No fuel modification outside the boundary of the project site would be done as a result of the proposed project What existing vegetation remains on the site after the October 2003 fire would be removed during grading The Henderson Creek Channel and the flood controUutility easement on the northerly 10 acres would not be affected by the fuel modification plan The proposed pro~ectis a residential subdivision that would establish 125 lots with 123 buildable lots and two lettered lots Fue] modification zones would be established on individual lots m backyards sepazated at the property boundaries by a block wall In addition, the project includes a 15-foot wide equestrian trail to be located adjacent to the northerly parcels (see Figure 3-4 on page 3-]0 of the Draft EIR for the location of the trail). This 15-foot wide trail would be maintained and kept clear of brush. 4/29/2004 10_34 Henderson Creek Properties Final EIR ' 1 A plant palette for backyard landscaping using firew~se vegetation has not been established yet but would typically include those types of plants referred to m the Fue] Modification Plan (thick succulent or leathery species) 1 1 Comment 5-19 This comment asks for clanfication on the number of acres being annexed and the number of acres being developed Response The enure project site ~s approximately 100 acres Ten acres are designated as Flood ControWtility Comdor and would not be developed An additional 25 1 acres are m Flood Control easement associated with Henderson Creek and would not be developed This leaves approxrmately 65.3 acres for residential development For the purposes of annexation, the protect site ~s 100 4 acres. For the purposes of residential development and related entitlements, 65 3 acres would be developed Comment 5-20: This comment suggests that the City and County are partners m the development of the flood control lands that traverse the site and that this should be clanfied. Response: It ~s not the Crty's intent to obtain Flood Control lands for the purpose of development or any other reason This issue rs part of the Tracy Development protect site located approximately %Z mile west of the site The City is not purchasing or otherwise negotiating with the County to develop Flood Control lands The Flood Control and Utility Comdor designated lands within the boundanes of the 100.4-acre project site would be located wrtlun the City of Rancho Cucamonga but would not be controlled by the City. The San Bemardmo County Flood Control District would continue to maintain its facilities through the project site The additional land ~s included m the annexation application because without annexation, the Flood Control land would be a County island within the City's corporate boundanes Comment 5-21 This comment requests clanficatron on the number of lots and number of acres to be developed. Response• The text contained m Chapter 3 0, Protect Descnption, is consistent m its deprction of the project site and the vanous components and accompan}ang acreages The last paragraph on page 3-5 reads as follows "Henderson Creek Properties is proposing the subdivision of 65 3 acres of the 90.4-acre site into 125 lots to include 123 residential lots and two open space lots (the remaining 25.1 acres of the 90 4-acre site will be used for flood control improvements along Henderson Creek and will have a General Plan des~gnat~on of Flood Control, Utility Comdor, and Open Space) The proposed project consists of a General Plan Amendment, Specific Plan Amendment, Annexation, Development Agreement, and Tentative Tract Map fora 125-lot res~dent~al subdrv~s~on (123 residential ' Henderson Creek Propema Final ElR 10-35 4292004 lots and two open space lots) located at the northerly end of Wardman-Bullock Road at the intersection with Colonbero Road m an unincorporated area of San Bernardino County in the Sphere of Influence of the Ctty of Rancho Cucamonga The two open-space lots would be unbuildable due to their size and/or configuration and will be maintained by the homeowners association Comment 5-22• Thts comment asks why the proposed project is not being processed through the County instead of annexing into the Ctty Response: The project site and surrounding azea are within the Sphere of Influence of the City of Rancho Cucamonga and have been prezoned for residential use When an area is prezoned it is assumed that annexation would occur in conjunction with other entitlements for development In addition, the project site is adjacent on the east and south to the City of Rancho Cucamonga, and would be served by extending existing infrastructure now serving neighborhoods m the Cdy Therefore t}us annexation is a logical progression of annexation and development Comment 5-23: This comment asks how many times the City's General Plan has been amended because proposed developments have been inconsistent. Response When a project is proposed on a site where the land use designation does not match the proposed land use, a general plan amendment is required Likewise, when the project site is located m an area that is also governed by a specific plan such as the Ehwanda North Specific Plan, that plan would also have to be amended to accommodate the proposed project This situation occurs penodtcally and amendments can be accommodated by both plans which aze dynamic documents designed to be flexible and remain relevant When either plan becomes less flexible, or the needs of the City and/or its citizens change, plans are updated or new plans aze adopted to replace outdated plans For example, the City adopted a new General Plan m October 2001 to reflect the changes m the physical, social and economic landscape of the City m order to remain relevant as the planning document to continue to guide growth and development Therefore, the number of times a plan has been amended is not relevant. Comment 5-24 This comment asks for clanfication of the relationship between the proposed project and the Flood Control easement and asks why the City is encouraging residential development m a flood hazazd area Response As discussed m Response to Comment 5-20, it is not the City's intent to obtain Flood Control lands for the purpose of development or any other reason The City is not purchasing or otherwise negotiating with the County to develop 4/29/2004 10-36 Hrnderson Creek Properties Rnal EIR ' 1 Flood Control lands, and ~s not attaching a residential project to Flood Control ' lands, or redes~gnatmg Flood Control lands for residential use The Flood Control and Utility Corndor designated lands within the boundanes ' of the 100 4-acre project site would be located within the City of Rancho Cucamonga but would not be controlled by the Crty The San Bernardino County Flood Control Distnct would continue to mamtam its facil~t~es through ' the project site L~kew~se, SCE would continue to mamtam its powerhne easement ' With regard to other hazard issues ~dent~fied m this comment, flooding, wildfire and earthquake, the project requires a Conditional Letter of Map Revision to revise the FEMA flood maps to remove the project site from the flood zone ' This ~s being done because improvements to the Henderson Creek Channel have been completed Once this has occurred, the residential development would not be m a flood zone W~Idfire issues were addressed m the Draft EIR m Section 4 7 and can be mitigated through the adoption of the Fuel Modification Plan Finally, with regard to earthquake hazards, these are addressed m Section 4 5 of the Draft EIR The project site, as the rest of southern Cahfomia ~s ' located m an area known to produce earthquakes and all residents are subject to similar hazards rf they choose to live m the region Proper site grading and preparation, and adherence to the Uniform Bu~ldmg Code for structures ' adequately addresses impacts associated with seismic events Comment 5-25 This comment asks why the City would amend the General Plan and Specific ' Plan to encourage residential development m an area that resource agencies want to see conserved. ' Response The proposed general plan and ENSP amendments do not change the designated land use from Open Space to Res~denhal but merely from one residential ' designation to another The result is a similar number of lots but slightly smaller lot sizes ' With regard to the issue of conservation lands, the protect site's relationslnp to the NEOSHPP ~s discussed m Section 4 10 beginning on page 4 10-16 Maps A- 5through A-9 of the NEOSHPP have been reproduced and are included at the ' end of Appendix I These show the located of the project site m relation to the NEOSHPP area As md~cated, the project site is not shown as possible future open space preservation (Map A-5) The site ~s shown as contammg RAFSS (Map A-6) and contammg rivo species of concern (Map A-7), but ~s not considered to be a b~ologtcally sensitive srte (Map A-8) The site ~ s also constrained by the Henderson Creek Flood Control Channel (Map A-9) ' Therefore project development on this site would not be significant once m~hgahon land of higher quality is purchased ' Henderson Creek Propetlies rural EIR 10_37 4/29/2004 Comment 5-26 This comment asks that information related to EPA approval and that any correspondence between the City and EPA be included m the Final EIR Response The Draft EIR includes technical append><ces that contain the various studies and reports used to prepaze the document Other correspondence between agencies, background material, and other data and/or documents used m the preparation of the Draft EIR are on file and available for review at the Crty of Rancho Cucamonga Planning Counter No correspondence with EPA ~s included m the Draft EIR or Appendices because no approvals from EPA are requued Comment 5-27 This comment suggests that the proposed development agreement has been excluded from the Draft EIR Response The proposed development agreement was ,Identified as being one of a number of entitlements the appl>ICant has requested, and ~s referred to m the Notice of Completion at the front of the Draft EIR and on page 3-5 of Chapter 3 0, Project Description The agreement ~s the result of on-going d~scuss~ons between the City and the applicant and has been drafted m a form to be forwarded to the City Council for approval. A copy of the agreement ~s included m the Final EIR m Appendix F and >IS attached for the reader's convenience Comment 5-28 Th>IS comment asks for clarification on the tentative tract map and whether the proposed map is consistent with the Tentative Tract Maps Act Response The proposed project includes a tentative tract map referred to m the Notice of Completion at the front of the Draft EIR as "Tentative Tract Map SUBTT16324 The tract map identifier of "SUB" >IS no longer used by the City and more recent tract maps rnclude the ,Identifier of TT only Regazdless of what ,Identifier ><s used, the tract map number is unique to each protect site and remains with the tract and is recorded with the final map, consistent with the Subdrv~sion Map Act. Comment 5-29: This comment identifies a number of >ISSUes that have not been addressed in the Draft EIR Response The >ISSUes identified m this comment were evaluated m the Initial Study prepared for the project and included in Appendix A of the Draft EIR Issues not addressed in the Draft EIR were either found to be less than s~gmficant or that no impact would occur m that area with the proposed project. A d~scuss~on of Aesthetics and Visual Quality and why no s~gmficant impacts would occur ~s included on page 5 of the Initial Study where impacts were found to be less than s~gmficant. Fiscal ,Impacts were not addressed ether m the Initial Study or the Draft EIR because they are not germane to the phys>ICaI environment and therefore, do not need to be evaluated under CEQA 4/29/2004 10_38 Henderson Creek Propcrttes Final EIR , 1 1 1 Population/Housing, Parks and Recreation and other services and utilities, mcludmg water supply are discussed m the Initial Study beginning on page I S Because the proposed project would be similar m size and density as what is designated m the General Plan for the site, and because the General Plan was recently updated (October 200]), potential impacts of the proposed residential subdivision were included and considered m the EIR prepared for the General Plan Update Therefore, no adddional analysis was required Finally, there is no wetland or npanan habitat on the project site that would be disturbed due to development of the proposed project Comment 5-30 This comment asks that overlay hazards maps be included in the EIR showing the vanous hazazd overlay distncts that the protect is located in Response Physical hazards (i e , earthquakes, wildfires, flooding, etc) were adequately addressed m the Draft EIR. Section 4 5 discusses hazards associated with seismic activity m the region and includes a graphics (Figure 4.5-1) that shows the site's proximity to faults m the immediate vicinity. Section 4 7, Public Health and Safety focuses on Wind and Wildfire Hazazds because the site is located within a high wind area and is also subject to wildfires, often exacerbated by high wind conditions Potential flooding problems are addressed m Section 4 6, Hydrology and Water Quality because the site is located on an alluvial fan, is bisected by Henderson Creek, and is adjacent to the Etiwanda Creek Drainage area as shown m Figure 4 6-1. Adding figures showing the vanous agency overlay distncts would not add anything new to the environmental impact evaluation. Comment 5-31 This comment asks for a descnption of housing types envisioned by the applicant Response The City has an extensive design review process that the project must go through m conjunction with entitlement processing Housing stock envisioned by the applicant would be typical of other similaz neighborhoods m the vicinity and would not affect aesthetics of the azea because it would blend m with other residential developments. The City will require that project development be consistent with the aesthetic requirements m the Etiwanda North Specrfic Plan mcludmg setback requirements, minimum distances between houses, maximum height/number of stones, use of penmeter block walls, building matenal mcludmg roofing matenal, etc The specific design features of the protect would be left to the discretion of the housing developer as long as the product was developed to the high standards maintained by the City through rts design review committee process Comment 5-32 This comment asks for addihonal information on equestnan trails and potential impacts associated with use of these trails ' Henderson Creek Propemes Final E1R 10-39 4/292004 Response The equestrian lots described in the Draft EIR (page 3-11) would be adjacent to the proposed I S-foot wide equestrian trails that would be constructed along the north property boundary and south side of Henderson Creek Channel Figure 3-4 m the Draft EIR shows the equestrian lots and adjacent trails These are intended to allow equestrians to access the ex~stmg equestrian trazls m the City not to give them access to dedicated open space north or northwest of the property. Rancho Cucamonga has several ex~stmg equestrian nerghborhoods and encourages this use, part~culazly m the more rural North Alta Loma and Etiwanda areas of the City It ~s the intent of the City to continue to provide and to add to the equestrian trails m the City by linking them to other multipurpose trails (pedestrian, b~cyclmg, and equestrian trails) The proposed project would be consistent with the City's goals Comment 5-33 This comment asks for an evaluation of fiscal impacts ansmg from environmental hazards to the proposed project Response Fiscal impacts associated with the loss of property due to a natural drsaster are usually born by the property owner and insurance company In such natural disasters, property owners may be eligible for low interest loans to rebuild. The loss of areas of water rechazge ~s addressed by the local and regronal water agencies that have established groundwater rechazge areas m therr respective ~unsdictions to ensure effective groundwater rechazge These aeeas aze usually in historic creek or riverbeds such as Day Creek, Cucamonga Creek and Et~wanda Creek or in the case of the NEOSHPP area, portions of the alluvial fan being preserved as open space Often agencies with Iunsdretion in these area will lease property to aggregate mining companies to excavate resources and leave the pits as groundwater rechazge balms as an end use, thus allowrng water agencies to effectively rechazge their systems Finally, the issue of arr pollution rs a regional rssue, addressed at the regional level by the South Coast Air Quality Management Dismct, which has a number of programs to reduce regional air pollution. Comment 5-34• This comment asks why the County Open Space District did not receive a Draft EIR for review. Response County agencies or deparhnents who received the Draft EIR include the Department of Public Works Transportation and Flood Control Divisions, as well as the Land Use Services Department The County Office of Special Districts was sent a Notice of Availability as an adjacent property owner The County Special Districts Office often relies on other County departments to review and respond to Draft EIRs or Mitigated Negative Declarations because this office is actually the administrator of Special Districts (Pers Comm. Terry Rahall, Senior Associate Planner, April 23, 2004). The County Department of Public Works, responded to the Draft EIR (see Letter 2) 4Q9/2004 10_40 Henderson Creek Properties Rnal EIR ' 1 I~ Comment 5-35 This comment asks for clanfication on vegetation types and wildlife that could occupy the project site and states that a Habitat Conservation Plan (HCP) must be prepared Response The protect site was surveyed and documented as containing a mix of grassland and grassland/deerweed mix (16 8 acres), a stand of scrub dominated by buckwheat (2 5 acres), Riversidian alluvial fan sage scrub (RAFSS) (11 3 acres), and upland sage scrub (61 3 acres) The remaining area included a paved road Figure 4 10-1 of the Draft EIR shows the approximate location of each of these vegetation types. The RAFSS is located m the Henderson Creek Channel area of the site and would not be affected by the proposed project since no disturbance is proposed there The site was disturbed pnor to the October 2003 fire, and was dominated by the Upland sage scrub vegetation type, which is not a sensitive vegetation type Because there is no sensitive habitat on-site that would be disturbed, no HCP is required Upland sage scrub is actually a vegetation type identified m Holland, Robert F , Ph D., Preliminary Descnpttons of the Terrestrial Natural Commumttes of California, California Department of Fish and Game, October 1986 The system of descnbmg natural communities published by the Cahfomia Department of Fish and Game is a hierazchical system The Scrub and Chaparral communities (30000) aze subdivided into four types of which, Riversidian Sage Scrub is one (32700) Differentiation of Riversidian Sage Scrub includes both Riversidian Upland Sage Scrub (32710) and Riversidian Alluvial Fan Sage Scrub (32720) Upland sage scrub is less affected by fluvial process, occurs on stable portions of fans and intergrades with other types of chapanal at higher elevations Comment 5-36 This comment asks for clanfication on the documents incorporated by reference m the Draft EIR. Response Documents incorporated by reference consisted of the City's 2001 General Plan and the Final EIR for the General Plan. In addition, the 1989 Master Environmental Assessment was utilized for histonc purposes. Other documents used in the prepazation of the Draft EIR included studies and reports prepazed specifically for the protect that are included m the technical appendices included m the Draft EIR Finally, some documents, such as the Ehwanda North Specific Plan (discussed m Section 41) and the County's NEOSHPP (discussed m Section 4-1, Land Use and Section 4 ]0, Biological Resources), were used m the preparation of the Draft EIR These two documents will be added to Section 1 5, Documents Incorporated by Reference Comment 5-37. This comment includes a number of recommendations for the City Planning Commission and City Council Response The Planning Commission and City Council will review all pertinent documents, correspondence, and staff report related to the entitlements Henderson Creek Properties Final EIR 10_41 4/29/2004 requested by the project applicant and make a decision based on the whole of the record Comment 5-38 This comment includes a number of recommendations for the apphcanddeveloper Response The Planning Commission and City Council will review all pertinent documents, correspondence, and staff report related to the entitlements requested by the project applicant and make a decision based on the whole of the record The project apphcanbdeveloper would adhere to the findings of the City Council and act accordingly with regard to mitigation measures and cond~hons of approval as set forth in the project approvals 429/2004 1 ~-42 Henderson Creek Pmpernes Final EIR , April 3, 2004 1 1 1 Cl Clty of Rancho Cucamonga Planning Commtsston Attn Larry Henderson 10500 Crvlc Center Drive Rancho Cucamonga, CA 91730 Letter 6 VIA Electronic Mazl Lhenders@ct rancho-Cucamonga ca us and Facnmlle (909) 477-2847 RE: Comment on the Draft Environmental Impact Report for the Proposed "Henderson Creek" Development Project, including related proposals, amendments and permits. Splrit of the Sage Council (Sage Council) is anon-profit protect and coalition of Native Americans, scientists, crttzens and environmental groups dedicated to protecting and conserving America's natural and cultural heritage, mcludmg endangered species, habitats and sacred lands The Sage Council has members and supporters that reside m the City and San Bernardino County who recreate, enjoy and find spiritual renewal in the regions natural open spaces, mcludmg that area that is subject to the referenced proposed development. The Sage Council has reviewed the Notice of Prepazation (NOP), mcludmg the environmental checklist and Initial Study. We have also reviewed and commented on the referenced Etiwanda North Specific Plan (ENSP) that was approved by the City, but not the County -although the specific plan azea is within the County -mcludmg the ENSP Resource Management Plan (RMP), the County's North Etrwanda Open Space Habrtat Preservation Plan (NEOSHPP), and has been a member of the County's Valley-wide Multi-species Habitat Conservation Plan (MSHCP) Steering Comrmttee. In addition, the Sage Council has been an appointed member of the County of Riverside's MSHCP Advisory and Steering Commrttee. The Sage Council is a recognized expert, on endangered species and Habitat Conservation Plans, having [Leeona Klippstein] testi£ed before the U S. House of Representatives, Endangered Species Task Force and havrng our legal counsel [Eric Glitzenstein] testify before the U.S. Senate Since 1991, the Sage Council has repeatedly notified the City of Rancho Cucamonga government representatives that there is a global need to conserve Riversidean and Alluvial Sage Scrub Habitats within their jurisdiction In 1994, the City and County along with other lunsdictions contracted with CDFG and USFWS through the Countywide MSHCP to "make a good faith effort" to conserve specific habitats, including plants and animals during the planning process Over the past decade, since signing the MSHCP contract, the City has continued [o approve development on habitat lands that should have been conserved. Thus, the Sage Council has taken legal steps against the City and Developers to ensure habitat conservation In doing so, we have successfully obtained greater conservation and permanently protected over 500-acres acres of habitat in the West Valley Foothills adjacent to the 763-acre North Etiwanda Habitat Preserve Henderson Creek Propernes Final EIR 10-43 4/292004 6-I Mr Larry Henderson April 3, 2004 ' Page 2 The Sage Council and our members have a long standing interest in the conservation of public ' trust natural resources for this project site, surrounding habitat area and regionally These comments are provided as an essential and integral part of the California Environmental ' Quality Act, Cal. Public Resources Code §§ 21000 et seq , ("CEQA") CEQA Guideline § 15201, Sutter Sensible Planning, Inc. v Board of Supervisors, (1981) 122 Cal App 3d 813, 820 , The purposes of these comments are specifically and generally intended to (1) share knowledgeable local expertise, (2) check the accuracy and detect omissions of agency and protect proponent analysis, (3) disclose public concerns, (4) disclose inadequacies of the ' agency's responses to DEIR comments, (5) disclose legal deficiencies and misapplication of local, state and federal laws, and (6) to solicit and recommend necessary counterproposals CEQA Gnideline § 15200, Selmi, The Judicial Development of the Cal forma Envtronmental ' Quality Act (1984) 18 U C Davis Law Review 197, 245; Towazds Responsibility m Planning v City Council, (1988) 200 Cal App 3d 671, 682 POSITION ' The Sage Council is m disagreement and opposition with the Protect proponent's and City's proposals, conclusions, environmental determination and findings regarding the DEIR and five related proposed actions Thus, we request that the City deny the Protect as proposed and adopt 6-2' the No Project Alternative proposed m the DEIR The Project as proposed fails to meet the requirements of state and federal wildlife agencies, EPA, ACOE and CEQA gwdelmes and other ' regulations for numerous reasons Our reasoning for opposition, along with recommendations are given below and throughout this comment letter • Inadequate Mitigation of Onsite Biological Impacts -- RAFSS is a State S 1 1 "very ' threatened" natural community that requires adequate mitigation CDFG, commenting on the ENSP, recommended a 5.1 mitigation ratio replacement for RAFSS Other recommendations by the State and Federal public wst agencies have been a 3 1 ratio for inkind habitat replacement However, the most recent letters to the County regarding 6-3 conserving RAFSS have recommended a 5 1 ratio habitat mitigation replacement. ' • Inadequate Mitigation of Offsite Biological Impacts - RAFSS • Inadequate Identification of Direct and Indirect Impacts to the Environment - RAFSS, , blueline stream and other subsurface water resources • Inadequate Identification of Cumulatrve Impacts to Biological Resources - RAFSS (over ' 7,500-acres have been lost to development since the City and County contracted with CDFG and USFWS to conserve this habitat through the Valleywide MSHCP ' Memorandum of Agreement (MOA) and m "good faith" The Sage Councrl formally requests that our questions be adequately answered/responded tom ' the Final EIR (FEIR) 4/29/2004 ] 0-44 Henderson Creek Properties rural EIR ' 1 Mr Larry Henderson ' April 3, 2004 Page 3 ' RECOMMENDATION TO CITY -Planning Comrr»ssioners and City Council Deny Project and related proposals at this time Request that City Planners and Protect Applicant correct CEQA documents to, ' 1) accurately describe the protect, ' 2) include an adequate and feasible range of Protect Alternatives, including those that will (a) eliminate equestrian elements (lots, trails, park) ' (b) provide for greater on-site and off-site habitat conservation (environmentally superior), (c) 5t consistently into existing General Plan, Specific Plan and Zoning regwrements ' without regmnng amendments 3) Deny any and all development, including equestrian use and infrastructure m currently ' designated and known Hazard areas including Flood 4) If the City desires to amend the ENSP, the City should not include the process along with this specific Project proposal Rather the City should notify the public, hold public ' hearings and recirculate the ENSP FEIR and amendments with enough time for the public to review and comment on the enure document and the proposed amendments ' Why hasn't the City done so? The City needs to reconsider new information from the public and public trust agencies regarding the ENSP since it was approved over ]0 years ago Why isn't the City reopening the ENSP and FEIR so that the public can ' address the proposed amendments in context to what is actually occurring in the environment and environmental setting at this time? 5) Consult and meet with CDFG,USFWS and County Museum biologists to ensure that the ' Protect will conform with the County-wide MSHCP guidelines and maps and/or provrde adequate mitigation of negative impacts to species and habitats that require conservation ' 6) Design and Landscaping -Use of non-native plants, trees and grasses will cause further environmental impacts on the surrounding native flora and fauna m the RAFSS habitat and ecosystem Such negative impacts are recognized by conservation biologists as "edge effects" Non-native grasses, plants and trees encourage the presence of non-native and pazasiuc birds (i e brown-headed cowbirds and European starlings) that displace native birds, steal their nests and negatively effect reproduction and fledging of native birds young The City needs to ensure that only native plants that are a component of the existing RAFSS/AFSS are used for Protect landscaping ' RECOMMENDATIONS TO PROJECT APPLICANT/DEVELOPER The Protect Applicant is "Henderson Creek Properties LLC" submitted by Steve Stewart (714) 839-0850, 16337 Shadbrush Street, Fountain Valley, CA 92708 Contact for Applicant is Hogle- ' Ireland, Inc (Pamela Steele and Mark Staples) 4200 Latham Street, Swte B, Riverside, CA 92501 "Lead Agency" on Form A is Lilburn Corporation, 1905 Business Center Drive, San Bernardino, CA 92408, Contact- Nancy Ferguson (909) 890-] 818 1 6-4 6-5 ' Henderson Creek Properties Rnal EIR 10_45 4/29/2004 Mr Larry Henderson April 3, 2004 , Page 4 The Sage Council requests and recommends that the Protect Apphcant/landowner, 1) Become a willing seller and/or donor of habitat lands to a nonprofit conservation ' organization and work together to seek funding that is desired The Sage Council recommends partnering with The Habitat Trust for Wildlife (www 1'heHabitatTmst ore) since the land trust presently holds lands m title m Henderson and East EUwanda ' Canyons, north of the proposed Protect site 2) Redesign the currently proposed Protect to, , (a) ehrninate the equestrian elements - to provide for greater amount of mitigation acres 6-5 for habitat conservation (on and offsde) and increase residential density units (i a coo't' Protect size is 63-acres which 31 acres of development @ 4 units per acre = 124 residential unus wuh 32-acres onsite for Project mitigation dedicated as habitat conservation and donated to The Habitat Trust for Wildlife along with adequate ' management funding) Thts recommendation is feasible since the City consistently amends its General and Specific Plans 3) Funding to the Ctty for a future Equestrian Park m an unidentified location that is ' proposed m current Protect needs to be eliminated and dedicated to habitat mitigation 4) If the Protect proponents have acquired County Flood Control ]ands -these lands have , already been used as mitigation for the existing levees and cannot legally be used to mitigate the proposed Protect or any other -the lands should be donated to The Habitat Trust for Wildlife for habitat and wildlife conservation purposes , 5) Consult and meet with CDFG,USFWS and County Museum biologists to ensure that the Protect will conform with the County-wide MSHCP gmdehnes and maps and/or provide ade uate miti ative im acts to s ecies and habitats that re ation of ne uire conservation ' q g g p p q PROJECT DESCRIPTION ' The proposed Henderson Creek Properties development (Protect) site is located within the tunsdiction of the County of San Bemardmo, San Bemardmo County Flood Control District, County-wide MSHCP area (mapped), State NCCP Program Area (mapped), County NEOSHPP ' area (mapped) and within the Sphere of Influence of the City of Rancho Cucamonga The Protect (proposed TT 16324) and habitat ]ands are found at the forked roads of Wardman Bullock and Colonbero, north of Summit and to the east of Ettwanda Avenue and west of Cherry Avenue The Project is m the "sphere of influence" of the Ctty that is assuming the ]ead agency / Since there is an inconsistent description of the Project in CEQA documents, found m ' the "Revised 3-31-99" Form A (p 23) and DEIR (p 1-1) provided to the Sage Council It 6-6 is unknown and difficult for the public to understand as to whether the Protect size m acres is 62 5, 63 5, 65 3, 90 4, 96 9 or 100v ' - The Sage Council recommends that if the City desires to obtain County Flood Control lands, adjacent to the proposed Project or elsewhere in the County, that , the City should prepare a separate annexation request to LAFCO Otherwise, the 6_~ proposals submitted with the residential development Protect makes the appearance to the public that the City and/or County are co-conspirators and partners m a private ' 4/29/2004 10_40 He»derson Creek Properties Final EIR ' 1 Mr La rry Henderson Apnl 3, 2004 Page 5 ' development project Thls includes the Project's need for plan amendments, rezoning and mitigation lands While the City and Developer may have the same desire for 6'~ ' land uses, the Clty needs to keep it's desires separate and clean (I e The Developer needs to propose annexation for only those lands that the company owns The City con't needs to propose annexation for only those lands that the Cny desires to have within it'slunsdiction ) - The Project description appears convoluted, misleading and confusing to the ' reader The Project and description needs to be cleaned up and clear for the pubhe to understand what is being proposed and why ' / The Protect consists of 121 residential amts (on 62.5 or 63.5 acres?) Why is the LAFCO request for 100-acres when the Developer has less than 65-acres? 6-8 / The Protect proposes 123 lots (Why two extra lots? Are these extra lots on County ' Flood Control lands or Edison?) / The Protect requires Annexation from LAFCO -for the privately held lands and pubhe ' County lands currently under the lunsdiction of the County Why isn't the Project going through the County for approvals or denial? Does the lawsuit between the City and ' County over development jurisdiction have anything to do with how this Project is being processed? How so? ' / The Protect requires the City to amend the General Plan and the Etiwanda North Specific Plan (ENSP) because the proposed Protect is inconsistent How many times has the City amended the ENSP because proposed developments were inconsistent? How many ' times has the City amended the General Plan because the proposed developments were inconsistent? ' / Why is the residential Project being attached to adjacent lands that are currently designated County Flood Control and Open Space lands? ' / The Project requires rezoning from County Flood Control to Residential Why is the 6-9 City encouraging a residential Project within a mapped and known Hazard Area for flooding, wildfire and earthquakes? ' / Why would the City amend the General Plan and Specific Plan to encourage residential development in an area that state and federal public trust agencies 6-10 ' (CDFG and USFWS) have repeatedly told the City to conserve for habitat and wildlife? ' / The Protect requires EPA approval letters to rezone Why have these request and correspondence letters not been included in the DEIR? The Sage Council, Public and City representatives need to have all the information to make an informed opinion and 6-11 ' decision Thus the DEIR fails to do so by selectively excluded Important information ' Henderson Creek Roperties Final EIR 10_47 4/29/2004 Mr Larry Henderson April 3, 2004 ' Page 6 6-11 about proposals to the EPA The FEIR needs to include all communication letters and I con', email regarding this important matter / The Prolect includes a Development Agreement The DEIR fails to include the 16-12' referenced Agreement for public review and comment Why was this document excluded from the DEIR? ' / The Prolect uses County Flood Control Easement -that has previous encumbrances from 6-13 levee development miugatton -will suffice and be legal Obviously, this proposed ' rmtrgatton is not sufficient or legal It is unlawful to double-dtp mrtigation sites / The Prolect is "controverstap' ~ 6-14' / The mtroduchon of horses on the Prolect stte will cause more trampling of the vegetation and more erosion (Ikeda, 2001, previously submitted to the Crty by the author). ' 6-15' / The Prolect does not have a known previously approved Tentative Tract Map that has been ~dent~fied m the DEIR. The proposed TT is identified as SUBTT16324 a subdivrs~on. What TT is it a subdivision of? When and what date was the TT map 6-16' proposed and/or approved? Form A has a Revised date of 3-31-99. Is this Project, TT and SUBTT legal and consistent with the Tentative Tract Maps Act? ' / The Project DEIR and other CEQA documents fail to discuss the following tssues, Aesthettc/Vtsual, Fiscal, PopulaUOn/Housmg Balance, Recreat~on/Parks, Schools/Umversrt~es, Solid Waste, Tox~c/Hazardous, Water Supply/Groundwater, ' Wetland/Rtparian. These elements must be tdenUfied, discussed and mrttgated for Why has the Project proponent and City excluded the importance of these elements and environmental impacts? The Sage Council and Public, as well as Planning 6-17' Commissioners need to be fully informed to make a fully informed decision on how the Prolect will effect the environment ' - The Planning Commission should send this DEIR back to Planning Staff and Prolect Applicant with direction to correct this problem The issues and elements that were ' excluded from the DEIR also excluded the appropriated related reviewing agencies - t e. Colorado River Board The Project as well as several other m the area will all need water that has it's Colorado River Source It is our understanding that the , Cucamonga Water Company and Santa Ana District Water District assume that water can continue to be acquired from these water source origins This "assumption" needs to be adequately identified and addressed for this Project impacts and ' cumulative/collateral impacts of other Projects proposed. / Section 2.4 "EII2 IMPACT EVALUATION ANALYSIS" Uses outdated Ctty General ' Plan with the 1989 EA (see Page 2-3) Why is City using a 1989 Master Environmental Assessment? Doesn't the City have a more recent Environmental Analysis of the 6-18 project area? Why isn't the City using the 2001 General Plan FEIR? Did the 2001 ' 4/29/2004 10_48 Henderson Creek Properties rural EIR ' 1 Mr Larry Henderson ' April 3, 2004 Page 7 1 ~~ LJ 1 1 General Plan FEIR rely on the outdated 1989 Environmental Assessment? Why didn't the City refer to the ENSP? Did the ENSP rely on the 1989 Environmental Assessment also? / Page 1-6 City incorporates by reference 3 documents Does not include ENSP, MSHCP/NCCP, NEOSPP Why not? - Sage Council includes by reference the following documents 1) all of the ENSP documents, mcludmg public and public trust agencres comments 2) Oak Summrt CEQA documents, mcludmg public and public trust agencies comments 3) Umversrty Crest CEQA documents, mcludmg public and public trust agencres comments 4) Rancho Etrwanda CEQA documents, mcludmg public and public trust agencres comments 5) Rancho Etrwanda Estates CEQA documents, mcludmg publrc and public trust agencies comments 6) Tracy CEQA documents, including public and public trust agencres comments 7) Rrchland Pmehurst CEQA documents, mcludmg public and public trust agencres comments 8) Shendan Estates CEQA documents, including public and public trust agencres comments 9) Henderson Creek Flood Control Project CEQA, NEPA, USFWS, ACOE Pemut apphcatron documents, environmental assessments, mcludmg public and public tmst agencres comments 10) San Sevaine Flood Control Project CEQA, NEPA, USFWS, ACOE Pemut apphcatron documents, envrronmental assessments mcludmg public and public tmst agencres comments 11) State of California, Resources Agency Natural Commumtres Conservation Planning Program documents, mcludmg scientrfic Irterature references and USFWS Envrronmental Assessment and Brologrca] Opmron for the Specral 4(d) mle under the ESA for the Calrfornra gnatcatcher ' 12) USFWS documents regarding the hstrng of the Calrfornra gnatcatcher as "Threatened" with a Specral Rule. Also, documents relating to the desrgnatron of "critical habitat" for the Californra gnatcatcher ' 13) USFWS documents regarding the listing of the San Bemardmo kangazoo rat as "Endangered" Also, documents relating to the desrgnatron of "cntrcal habitat" for ' the San Bernardino kangaroo rat 6-18 con't 6-19 ' Henderson Creek Properties Final EIR 10-49 4/29/2004 Mr Larry Henderson April 3, 2004 , Page 8 14) San Bernardino County-wide Multi-species Habitat Conservation Plan ' documents, including financial reports that identify receipt of state and/or federal funding for developing a plan that is consistent with the State NCCP Also include maps and studies that have been performed by contracted biologists at the County 6-19' Museum con't 15) Conceptual Area Protection Plan (CAPP) -the City of Rancho Cucamonga has submitted a Draft LAPP to the State of Cahfomia Resources Agency's Wildlife ' Conservation Board for consideration 16) The 1995 State Policy on Conservation Banking - In April 1995, Secretary for ' Resources Douglas P Wheeler and Secretary for Environmental Protection James M Strock took an important step to build on the progress of mitigation banking and to promote effective regional resource conservation by establishing a new , State policy encouraging a "second generation" of mitigation banks called conservation banks , 17) a letter dated June 26, 1991 m which CDFG goes on record to advocate the "prohibition of development north of the utility corridor" to "accomplish the preservation and continued value of habitat" CDFG has not deviated from this ' position during the last ten years and has repeatedly reminded the City m several subsequent correspondences about the sensitivity and biological signi£cance of the habitat on the North Etiwanda Fan ' 18) - Improperly Deferred Studies ' The deferral of studies and environmental review is impermissible under CEQA as the purpose of CEQA is to give decision-makers and members of the public an opportunity to review impacts and possible mitigation before an agency takes action on a protect GenW v City of Marietta, (1995) 36 Ca1.App 4th 1359, 1393, citing Kotska & Zischke, Practice Under the Cal 6_20 Environmental Quality Act (font Ed. Bar 1993) § 6 72. See also, Cal. Pub Res Code § 21080(c)(2) and CEQA Gmdelines § 15070(b)(1) [formulation of mitigation measures at a future time vio]ates the rule that members of the public and other agencies must be given an opportunity to review rtigation before CEQA documentation and approval is complete]. - Alternatives Considered and Rejected The selection of a reasonable alternatives and mitigation measures which rmnirmze and avoids significant impacts are substantive requirements of CEQA, no[ merely procedural ones. Kmes County Farm Bureau v. Crty of Hanford, (1990) 222 Cal App 3d 692, 711, 730-731, Public Resources Code §§ 21002, 21081, CEQA Guidelines §§ 15002(a)(3), 15021(a)(2), and 15091(a) 6.21 In light of the above, the Crty must deny approval of the Protect and certification of the EII2 because there are reasonable and feasible alternatives which should have been explored which can substantially lessen the environmental effects Sierra Club v Gilroy City Council, (1990) 222 Cal App 3d 30, 41 4/29/2004 10_50 Henderson Creek Properties Final EIR Mr Larry Henderson ' April 3, 2004 Page 9 ' As applies to the selection of protect alternatives, the "mle of reason" regmres that a reasonable range of alternatives be considered so far as the environmental aspects of a Protect site are concerned The reasonableness of the selected range of alternatives will be tudicially reviewed ' based upon the facts of the case and statutory purpose Bowman v Petaluma, (1986) 185 Cal App 3d 1065, Citizens of Goleta Vallev v Board of Supervisors, (1990) 52 Ca] 3d 553 t '~ While the number of alternatives considered m the DEIR appear numerous, the reasonableness of the range of alternatlves is legally based on "quality" rather than "quantity " The FEIR fails m rts essential purpose to analyze alternatives which "avoid" significant environmental impacts of the Protect, meet the purpose of the Protect, and which are feasible Ignonng its own findings and the CEQA rules regarding the selection of reasonable and feasible alternatives to reduce significant adverse impacts caused by the Protect, the City analyzes alternatives which it knows it will not, and cannot, consider or select The City has also substantially failed to make any reasonable attempt avoid the nparian area (Flood Control lands) which runs through the Protect m a north/south direction and is known to support multiple endangered and threatened species Based upon the physical constraints of the Protect site and the expected environmental impacts known before the preparation of the DEIl2, certain environmental aspects should have reasonably been incorporated in the selection of protect alternatives which were reviewed m the DEIR process / avoidance of wetlands, ^panan and other sensitive biological habitats should have been considered as identified and requested by the state and federal tmstee agencies and their associated regulatory programs (USFWS & CDFG) The selection of a reasonable altemahve which minimizes and avoids these biological impacts is a substantive requirement of CEQA which is a mandatory requirement, not merely a procedural one. Kings County Farm Bureau v. City of Hanford, (1990) 222 Cal App 3d 692, 711, 730-731, Pub&c Resources Code §§ 21002, 21081, CEQA Gmdehnes §§ 15002(a)(3), 15021(a)(2), and 15091(a). In light of the above, the County must deny approval of the Protect and certification of the FEIR because there aze reasonable and feasible alternatives which should have been explored in the FEIR and which can substantially lessen the environmental effects Sierra Club v Gilrov City Council, (1990) 222 Ca] App 3d 30, 41 / The facts of this case indicates additional known and related land holdings have been arbrtranly withheld from the consideration of impact reducing measures / The DEIR makes false and misleading statements (Section 2 5, p 2-3) Alternative location -was retected because the land was "pre-zoned" as a "future" residential site and "properties adjacent to the site are also designated for residential development" The site and adjacent properties are designated and zoned as "Undeveloped land azea/North Etiwanda Specific P1anNery-Low Residential/Flood Control" (see Form A Notice of Completion) The Ctty and Applicant appear to have no problem m requesting and amending the General Plan, Specific Plan and zoning changes as they please and are attempting to do so for the proposed Protect Therefore, why was the "Alternative 6-21 con't 6-22 ' Henderson Creek Proper0es Final EIR 1 ~-51 4/29/2004 1 Mr Lairy Henderson April 3, 2004 ' Page 10 location" truly rejected and not adequately considered? Sage Council believes that it ' is a feasible Altemative There are four (4) proposed development protects concuirently being proposed at this time -Tracy, Richland Pinehurst, Henderson Creek and Sheridan. 6 22~ All four proposed Protects are adjacent to one or another All are requesting Genera] Plan and Specific Plan amendments The City has the ability to amend the Crty Plans so that con' the four protect designs are brought together so that residential lots and design configurations overlap, permitting higher density on less acreage while at the same time ' providing for contiguous habitat conservation on more acres Therefore, "Alternative location" is feasible Why hasn't the City provided such visionary leadership? Could it be that the City does not want to formally reopen the Etiwanda North Specific ' Plan for public scrutiny and comment? Does the City think it can continually duck the need to reconsider new circumstances effecting the ENSP area? Shouldn't the , ENSP undergo a new review process since the Specific Plan was approved over 10 years ago? / Altematrve density -The DEIR makes false and inisleading statements regarding the ' feasibility of changing density for the Protect The reasoning used is nonsensical and appears that this Alternative was really not considered based on City desires alone The City and Applicant are proposing increased density changes and rezoning for the ' proposed Project Why, then, is the City unable to make such zoning changes and Plan amendments for even a higher density? It is reasonable and feasible to increase density to 4 residents per acre, m order to comply with state and public tmst agencies ' regulatory needs to conserve habitat onsite It appeazs that [he City is fixed on it's own desire to have equestnan lots and trails, rather than the premise of the highest and best use of the land The second nonsensical reason the City and Applicant have given is that ' an alternative of dwelling units, higher or lower than proposed, ". would likely have greater environmental impacts than the proposed protect " There are no environmental 6-23 analysis or documents to support this presumed "likelihood." Rather, the Sage Council - ' an expert m the conservation field -finds that by increasing the density of units to 4 per acre on 31-acres would allow for 32-acres (owned by Henderson Creek Properties) to be conserved for habitat and wildlife. In addition, all adjacent County Flood Control lands , and Edison easements continue to be zoned as open space sepazate from the residential protect. Why hasn't the City provided such visionary leadership? Could it be that , the City does not want to formally reopen the Etiwanda North Specific Plan for public scrutiny and comment? Does the City think it can continually duck the need to reconsider new circumstances effecting the ENSP area? Shouldn't the ENSP undergo a new review process since the Specific Plan was approved over 10 years , ago? / Alternative land use -- The DEIR makes false and rrusleadmg statements regarding the feasibility of changing density for the Protect The reasoning used is nonsensical and appears that this Altemative was really not considered based on City desires alone. The 6-24 "area" is not pre-zoned residential A less than 65-acre pomon of the proposed annexation of 100-acres is pre-zoned "Very-Low Residential/Flood Control". The Crty and Applicant are proposing to rezone and amend every gmdmg plan that there is, ' 4/29/2004 10.52 Henderson Creek Properties Final EIR ' 1 Mr Larry Henderson ' April 3, 2004 Page 1 ] including requesting a Letter approval from EPA In 1995 the City signed the MSHCP MOU agreeing to conserve identified habitats and species Yet, today the City has been unable to provide any evidence of habitat conservation that has been protected due to the ' City's actions Quite the opposite is evident, not only m this proposed Protect but numerous others that the Sage Council has had to take legal action m order to have habitat conserved Since the City eagerly amends it Plans to promote development, then ~VHY has the City done nothing to amend its Plans to promote habitat conservation? ' / Since the DEII2 is inadequately lacking "Evaluations" of Alternative, the FEIR needs to provide an "Evaluation" on all three of the Alternatives descnbed above, including the ' recommended Alternative made by the Sage Council -higher density (4 units per acre) on 31-acres and on-site habitat conservation of 32-acres with County Flood Control and Edison easements remaining natural open space Protect Applicant to acgmre additional ' m-kind offsite habitat for conservation to meet habitat mitigation requirements of 5-1, per USFWS and CDFG letter of 2000 (see quote from letter below) regazdmg habitat conservation needs within the mapped MSHCP MOU related documents. The FEII2 ' needs to use information provided by the public trust resources agencies regarding habitat and species needs when evaluating ALL protect Alternatives and the proposed Protect Evaluation must be based on fact, not fiction, desires and assumptions ' •:• It is a fair argument that the Applicant and City have failed to provide a feasible range of altematrves for such negative impacts for the concerned public citizen and lead ' natural resource agencies to select from The Project lacks an EIl2 with a legally adequate range of alternatives to the protect with appropnate rmtigation of impacts to significant biological resources • In fact, the state and federal resource agencies, in a letter, have recently requested that the County require a 5 1 mitigation ratio replacement for RAFSS habitat and recently ' regazdmg the County MSHCP/NCCP program - of which the Ctty is party to the MSHCP MOA contract The Sage Council supports the agencies recommendations that this Protect and others m the MSHCP/NCCP and County NEOSHPP planning t area be mitigated at a 5 1 replacement ratio (for every 1-acre negatively impacted there must be 5-acres of in-kind habitat conserved) The County and Crty has been negligent m complying with the agencies requests for conservation of RAFSS, as is ' indicated m then Iomt letter to the County on October 17, 2000; 6-24 con't 6-25 "Since the Memorandum of Understanding (MOU) for the San Bernardino Valley-wide ' Multiple Species Habitat Conservation Plan (MSHCP) was signed in 1995, more than 7,000 acres of habitat for listed and sensitive species have been converted to residential, 6-26 commercial, and industrial development and other infrastructure. The ecosystem processes ' upon which these habitats and species are dependent has also been impacted by this conversion..." t Henderson Creek Phopertics rural EIR ] 0_53 4/29/2004 Mr Larry Henderson April 3, 2004 ' Page 12 •:• The County and Cities, including Rancho Cucamonga, have fraudulently stated that ' habitat will be conserved To date there is no substantial evidence that any has been conserved as a result of MSHCP or NEOSHPP efforts and the receipt of more than 6-26 $300,000 00 m public funds acquued through U S Congressional legislation for the con't' Southern California NCCP If the City and/or County approves the proposed Henderson Creek Project without the recommended rruUgauon of 5 1 for habitat impacts it will further the Sage Council's opinion of fraud and objections to the biological impacts The Sage Council has been m communicaUOn with U S. Senator Boxer regarding the County's and Cities failure to comply and utilize the NCCP Gmdelines and Procedures while having accepted NCCP monies , / Valley-wide MSHCP bIOU is a contract and guiding document for proposed ' development and habitat conservation within the mapped planning area The City has ' signed and is party to the contractual agreement The Sage Council agrees that the Crty may "process" a protect, but m processing a protect the local lunsdichons need to demonstrate a "good faith" effort to conserve natural resources as recommended by , CDFG and USFWS experts However, what the Applicant and City choose NOT to disclose in the draft EIR is misleading Why has the Applicant and City ignored the need to have the Project be consistent with other planning documents for the ' region? - It is unknown where or how the Protect proponent, Crty and its Lilibum consultants ' derived that a less than 5 1 habitat replacement is adequate when endangered or threatened species do not occur onsite. How was this biological need determined? This statement and assumption by Lilburn is simply hogwash and misleading to the public RAFFS, the habitat itself, is to be mitigated for at a 5 1 ratio habitat 6-27 replacement CEQA requires that State Significant Natural Areas and S1 "very threatened" habitats be mitigated for as recommended by the lead public trust ' agencies If the Protect would affect endangered and threatened species the federal ESA requires that the City, County or Project proponent apply fora "Incidental Take Permit" under sect 10 of the Endangered Species Act is order to receive an exemption ' from Section 9 no "take" aspect. Certainly the "advisory" experts and lead public trust resource agencies, CDFG and USFWS, have not agreed to a les than S.lhabi[at replacement As long ago as 1994 with the ENSP, the CDFG recommended a 5:1 ' habitat replacement ratio - Also, Rt 30/210 rmugation was a 3 1 ratio habitat replacement with $700,000 for , management For this proposed Project the experts at USFWS have requested a 5 1 habitat replacement ratio -probably because the Protect site is within a federally designated "critical habitat" area for the fisted California gnatcatcher and San ' Bernazdmo kangaroo rat The City, County and Applicant have not demonstrated a "good faith" effort and continue to ignore the public trust agencies request fora reduction m the protect size, rmtigation at a 5 1 replacement ratio for habitat and t habitat mitigation to take place onsite 4/298004 l ~-54 Henderson Creek Properties Final EIR ' 1 Mr Larry Henderson April 3, 2004 Page 13 ' • Impacts to Special Interest Species -- The Applicant and City have not used the species list (Target Species Ltst) that has been prepared by CDFG, USFWS and ' County -available from County MSHCP contractors at the County Natural History Museum (Dr Robert Mc Kernan and Gerald Braden) - m the Project's biological surveys and assessments This species list Is also found m the County's NEOSHPP ' documents - The Sage Council requests that the Applicant use the "Target Species Llst" for biological surveys so that the species negative Impacts can be IdenuSed and mitigated for m the Project E1R ' - While the Protects consulting company has been unable to identify the federally listed California gnatcatcher and San Bemardmo kangaroo rat onsrte does not mean that the animals do not forage or breed or otherwise util12e the Project site and surrounding t area The issue of whether or not the animals occurs onsrte is m dispute with the USFWS and County Museum who have records indicating otherwise The California gnatcatcher Is also recorded and known to occur on the adjacent North Etiwanda ' Preserve The USFWS has designated the Protect site and surrounding area as "critical habitat " This federal designation under the Endangered Species Act, as reported m the Federal Register, has not been legally challenged by the City or ' Applicant and remains m affect - Summary of Initial Study - No further evaluation was done for the DEIR The DEIR ' uses the NOP Initial Study Thus the DEIR Is deficient and the FEIIZ needs to include an accurate evaluation of the following ' / Asthertics/Vlew Shed -Fails to accurately describe what lies north of the Project site Excludes THT Nature Sanctuaries in Henderson and East Etiwanda Canyons No state scenic highways m the Clty -excludes info that there are m the County and City has streets/avenues Identified m the Ctty and County General Plans as scenic Lighting from Project and adjacent projects have a negative Impact on wildlife The DEII2 needs to include a Project Design description (are they 1 or 2 s[ory~ How does this effect the viewshed/asthetics~ with maps, including a map of the enure Equestrian Trail System on and off project site.) / Design Review -The DEIlZ needs to include a Protect Deslgn descnptlon (are they 1 or 2 story How does this effect the viewshed/as[hetics~ with maps, including a map of the entire Equestrian Trail System on and off project site When has the City been holding ' Deslgn Review meetings for the Projects Why hasn't the info been included m the DEIR~ - The Project design should include one that Is visually appealing as well as ' environmentally superior The Sage Council recommends that a Project Alternative and design increase the proposed 6 ft wall to 12 ft, make the wall a Santa Fe terra cotta adobe (not orange-pink stucco) style stnicture with portals and wood (certified ' sustainable product) beams on the upper 4 ft portion of the wall This style and height 6-28 6-29 ' Henderson Creek Propetlies Final EIR 1 ~-55 4/29/2004 1 Mr Larry Henderson April 3, 2004 Page 14 of a wall will also help reduce negative impacts on wildhfe m adjacent habitat from t residential and street hghtmg There must be no "flowering vines" on the walls and fences of the proposed Project The ENSP design element should be amended to allow a more visually appealing residential 6-29 , design that fits into the surrounding environment of Sage Scrub habitats If 31-acres are con't approved for development , i[ should become an exclusive gated communriy using a design such ' as Santa Fe "Pueblo" style which is sought after by future residents of the higher income bracket This residential design is popular m the Southwest (~ e Sedona, Arizona and Santa Fe, New Mexico) and can be much more readily landscaped with strictly native trees, plants and grasses - , which are drought tolerate and conserve water Doing so would also reduce biological "edge effects" and non-native invasive plants from creeping into adjacent habitat on the preserve through seed disbursal m the wind and other distributions Nonnative grass ]awns increase ' parasitic brown-headed cowbirds to take residence and are also known to have a negative affect on native bird populations Desert gardens are visually appealing and easy to care for. The traffic and road circulation could be decreased and streets made narrower, allowing for only residential ' use, while at the same time making the streets and lot sizes smaller to provide for greater habitat conservation on the remaining 32-acres ' / The contribution of the proposed Project to impacts on plant and animal hfe from ongoing development m [he region is considered to be significant due to the diminishing types of already rare, threatened and endangered species and habitats ' - Cumulative Impacts ' / Additionally, there is no real description of the cumulative impacts on plant and animal hfe. Taking into account the numerous developments being constructed along the alluvial fan, near or adjacent to the National Forest, the continued and cumulative loss of ' G-30 the habitat must be sufficiently analyzed and disclosed prior to a general plan amendment that will remove such land from a resource conservation (RC) designation. The laws of island biogeography dictate that there will be a substantial loss m native species' range , and local diversity as a cumulative impact of these developments The FEIR fails to adequately tabulate the amount of open space lost let alone evaluate impacts on plant and ' animal life / Finally, the cumulative impacts analysis does not attempt to identify mitigation measures ' for the regional loss of open space. Rather, it uses the cumulative impacts themselves to justify the Project (because the area is urbanizing, the project has no significant impacts) To the contrary, the cumulative loss of open space by completed and proposed projects m ' and around the area will have a dramatic adverse effect on environmental conditions / Growth InducmQ -The Project is "growth inducing" through new road construction, channehzation and development of a new water reservoir tank and pumping station that encourages additional development and assists m their approvals by local 6-31 governmentAlso, without the newly proposed water reservoir and pumping station there 1 1 4/29/2004 ] 0-56 Hrnderson Creek Properties Final EIR ' Mr. Larry Henderson Apn] 3, 2004 Page 15 ' would not be enough water and water pressure for the proposed residential numbers on 6-31 the Project site AND the proposed protects to the east and west ~ con't ' / Air Oualit~There needs to be a greater analysis on Air Quality and pollution, especially PM10s Reducing the size of the Protect should be considered as a mitigation measure ~ 6-32 ' / Historic and Cultural Resources - What resources and literature were reviewed to reach this flippant and inaccurate conclusions The enure Protect site and adjacent lands are that ' of the md~genous Gabnelino Band of Cahforn~a Mission Indians, aka Shoshone Gabnelino Natron, and the origins of Cucamonga (Cucamongna) =lands of many springs See/review video tape m the Caty archives "No Room For Compronuse" along 6-33 ' with video on the Gabnelino people Search newspaper databases for The Sun, Daily Bulletin and Los Angeles Times -there you will find publicly known cultural hrstory of the Protect azea Sage Council has submitted numerous comments that include substantial ' mfonnat~on regarding Cultural concerns and need for mitigation. / Citv's "Multi-Hazard Disaster Plan" used to access ~f the Protect ~s in a Hazardous location or "anticipated" Fox m the chicken coops City and Project Applicant need to utilize available and scientific data, expert sources, agencies and maps. DEIR fails to include County Hazazds Overlay Map, City Hazards Overlay Map, EPA Hazazds and Flood map that the Protect is seeking to receive a approval Letter from DEII2 should ' have included a map that shows the Protect site plan (exhrbrt 1-B) as ~t falls wrthm 6-34 Hazazd Overlay Maps. FEIR needs to include all maps The Alquist Pnolo Fault Zontng ' Act stated that houses had to be at least 50 feet away from the fault / Health, Safety and General Welfaze -Another concern of the Sage Council is in regards to health, safety and general welfaze The proposed Project fads to accurately rdentify its ' proxirnity to the Red Hill Fault as well as the Srerra Madre-Cucamonga Faulting complex This protect area rs within a reverse thrust fault zone with ground lifting as well as shaking of 7 0 and greater. The draft EIl2 needs to drsclose and mitigate for earthquake fault zones We request that the draft EIR be amended to include an adequate study of earthquake and hydrology studies, including a discussion and rrutigation measures. ' / Water Resources/Pollution -The Sage Council is extremely concerned about the negatrve rmpacts that the Protect and related water extraction activities will have on the County Preserve and The Habitat Trust Nature Sanctuaries The DEIR fails to analyze, discuss or rmtigate water extraction activities related to this Protect Nor does the DEIR provide an ' Alternative Protect and Design to avoid, minimize or reduce impacts from water extraction and flood control activities 6-35 ' While a "will serve" letter has been obtained from the Cucamonga County Water District (CCWD), the DEIR fads to identify the water source that will 511 the proposed lm~ll~on gallon water reserve tank on a daily basis for over 600 residential homes Specifically the City must require that the protect and its water source extraction activrties will not cause ANY impact to the biological resources ons~te and on the North Etiwanda Habitat Preserve (Preserve) and ' Henderson Creek Properties Final E1R 10_57 4/29/2004 1 Mr Larry Henderson April 3, 2004 Page 16 Nature Sanctuazies m Henderson and East Etiwanda canyons Currently surface and subsurface 6-35' hydrological flows north of the proposed protect support a unique wetland adjacent to the proposed water tank, immediately to the north Extraction of water sources from the Preserve and con't Nature Sanctuanes and San Sevame watershed would have significant adverse environmental ' / Eneray -- Another positrve aspect that should be included m the Protect and Design is ' energy efficiency The Sage Council recommends that solar energy be used for all residences Also use of tankless water heaters Use certified sustamably harvested wood products Having a Santa Fe pueblo style design would allow for solar panels to be placed 6-36 , on rooftops without being noticeable Having a energy efficient and environmental fnendly residential design would be another positive selling point for the developer - ' possible leading to State recognition for the Protect proponent and City impacts that have not been identified, discussed or mitigated for / Noise -Protect EIR needs greater evaluation and mitigation ' / Population and Housing - Protect E1R needs greater evaluation and mitigation measures 6-37 / Traffic- -Protect EIR needs greater evaluation and mitigation measures ' / Fiscal Impacts -Who is going to pick up the bill for loss of water recharge? ' Pollution? Flooding, fire and earthquakes? What sort of Conditions should be 6-38 placed on the Project? Protect is impacting offsrte habitat areas for phone, water, electricity and gas ' The proposed Protect, m and of itself, has no economic benefits to the City that would allow a , "statement of ovemdmg considerations," nor has the City demonstrated any need or benefit greater than that of upholding the public trust, heath, safety and general welfare by conserving the extremely raze RAFSS on site that is also a State designated Significant Natural Area. The ti-39 ' Project not only negatively affects the MSHCP/NCCP efforts, but also causes a problem with ongoing regional traffic problems, air quality and overburdened school crowding The highest and best use of the ]and is for habitat conservation. ' / Schools -- The determinations m the NOP and DEIR that there aze no unpacts to schools is not supported , by the evidence. In fact the exact opposite is the case. Every level of school, including ' elementary, middle school, and high school within both the Rialto and San Bemardmo School Distracts are fully tapped and are at over-capacity Both distracts are running at deficiencies and 6-40 utilize trailers for a significant part of their education system The assertion m the EIIt -that ' bond money or other future state-wide initiatives might provide funds for additional school facilities - is pure speculation and is not supported by the fact that these facilities are already operating at deficiencies and this Protect will certainly add substantially to the impacts to current , facilities 4/29/2004 10_58 Henderson Creek Properties Emal EIR , Mr Larry Henderson ' April 3, 2004 Page 17 / Recreation -City does not have recreational amenities for those who enjoy nature hikes and studies There is an overemphasis on equestrian recreation, mcludmg trail system ' Areas m the City that were acquired for parks (via Lewis Homes, Terra Vista development and Victoria Homes) have still not been developed as parks City staff, mcludmg Planning Dept staff, the Mayor and other members of the Planning ' Commission and City Council are equestrians and advocates The proposed Protect, with City staff direction, advocate for more equestrian trails, lots and regmre development fees and funding for a future Equestrian Park, that has an unidentified location The City has received previous written and oral comments by expert biologists and faculity of Chaffey College, regarding the negative environmental impacts associated wnh horses and equestrian activities on globally imperiled Sage Scrub (RAFSS,RASS, AFSS, ASS) ' habitats and wetlands (see attached letter by Robin Ikeda, Chaffey College and others that were submitted to the City, and on file, on the Rancho Etiwanda Estates Project) These ' comments are relevant to the Henderson Creek Protect and others that propose Equestrian uses ' The Threat of Edge Effects to Habitat Preservation And the Necessity of Effective Buffer Zones Robin Ikeda, Biology Professor, Chaffey College ' I. Edge Effects. A Description of the Phenomenon. ' A Genera] pattems of change m community structure due to habitat fragmentation (The phenomena have been thoroughly described m the literature, beginning with Diamond, 1975 and 1976, and are further explored m Keeley, ] 993 ) ' 1 Increased extinction rates 2 Reduced species diversity 3 Change m speaes composition A great many of the mechanisms appearing to cause these changes occur over the boundaries' edges. The effective size of a habitat fragment is reduced m proportion to the cumulative ' magnitude of the impacts penetrating its boundaries. The phenomenon is called "edge effect." (See also Schonewald-Cox and Bayless, 1986 ) ' B These pattems generally intensify as a function of the following 1 Fragment size • Biodrversity uses with increase m fragment size (Andren, 1997, Hansen and Urban, ' 1992) • The species diversity of vegetation m habitat fragments decreases over time, an effect ' that is accentuated in smaller fragments (Alberts, et al , 1993) in K 2 Fragment isolation • Fragmentation and isolation significantly reduce the ability of habitats to sustain specter (Wens et al , 1993) The more smtab]e the habitats surrounding fragments are, the more forgiving this trend is (Andren, ]994) 6-41 6-42 ' Henderson Creek Properties Final E]R 10-59 4/29/2004 Mr Larry Henderson April 3, 2004 Page 18 • In an analysts of nearly 200 studies on the effects of habitat fragmentation on bird and mamma] populations, Andren (1994) found that the negative impacts of fragmentation upon spectes diversity is intensified by increasing isolation • Leapfrog development has made the preservation of several, small isolated parcels with highly permeable boundaries, common m Southern California (Kelley and Rosenberry, 1993) • Soule, et al (1992) report that native plants, birds and mammals m isolated chaparral fragments are typically lost in a few decades to a century, depending on habitat size 3 The quality of the habitat m the fragment • Species diversity and the proportion of native species the habitat can sustain both rise with reduced disturbance and increased complexity of the habitat (Adams, 1994, Adams and Dove, 1989) 4 The quality of the habitat adjacent to the fragment • Increasing boundary surfaces decreases the effective size of reserves, especially to urban settings, where the increased human presence increases the permeability of the boundary to disturbance (Kelley and Rosenberry, 1993) 5 Fragment shape (the boundary azea vs the core area) • Species loss m habitat fragments is accentuated by high relative shape index (roughly, surface-to-volume, Adams and Dove, 1989; Rowley, et al, 1993) 6 Disturbance rate and intensity • The diversity of bird species is reduced at the boundaries of habitats The specialists generally suffer disproportionately high extinction, while generalists and invasive species can tolerate more disturbance So the spectes composition of communities changes as well (Rowley, et al., 1993). • Chaparral fragments m urban areas experience rapid extinctions of natrve bud species The extinction rates depend heavily on initial densities, and are accelerated m smaller fragments. The spectes-area relationships m smaller fragments are lower and steeper than in undisturbed chaparral (Bolger, et al , 1991), so they are highly sensitive to further disturbances 7 Important notes One struggle biologists face is to identify what features m the chazacters of edges make spectes respond as described above, recognizing that much of the story will change over time and space The research m this area can't happen fast enough • The nests of migratory songbirds are preyed upon more heavily nearer the edges of their habttats (Wilcove, 1985, Andren and Angelstam, 1988). Interestingly, studies with dummy nests m disturbed chaparral fragments suffering high rates of extinction of native bird spectes experienced decreased predation (Langen, et al , 1991) • Gates and Mosher (1981) found significantly fewer nests up to 64m from the edge of a habitat whose boundary could only be distinguished vegetatively for 13m. 429/2004 10_C0 Henderson Creek Properties Final ElR ' Mr Larry Henderson ' April 3, 2004 Page 19 ' • Contrary to common belief, organisms displaced by development, migrating over the boundary of disturbance into undisturbed habitats, do not take up permanent residence there For example, Scott (1993) found that the population densities of birds ' m chaparral habitats adjacent to large home constmction saes experienced initial surpluses, which were lost after one year ' II. Mechanisms Causing Edge Effects in Increasingly Urbanized Areas, Resulting from Increased Human Population Pressure. ' A Increased predation 1 Predation is generally more intense at the boundaries of habitats • Nest predation is more intense at habitat margins (Andren and Angelstam, 1988); ' particularly for riiigrant songbirds at suburban edges, where rt worsens with fragmentation (Wicove, 1985) ' 2 The impacts of domestic, feral, and weedy species • Mesopredator populations (domestic and feral cats, dogs, bats, opossums, reccoons) ' all tend to rise, decreasing the densities of pollinators, ground nesting, and arboreal species (Koopowitz, et al, 1995) • Of the prey taken by suburban cats, 27% were buds, and 41 of the 47 species taken ' were native, 8% of the prey were reptiles and amphibians (Barran, 1995) • In an English village, domestic cats were responsible for 30-50% of the sparrow mortality m a year (Churcher and Lawton, 1989), m Southern Cahfomia they take K- ' rats as well, and threaten other sensitive species (Keeley, 1993) • Domestic cats roam more widely at night , as much as a mule (Kelly and Rotenberry, 1993) but more typically up to 900m (Barratt, 1995) Protection of sensrtrve nocturnal ' species regwres a wider buffer zone than for diurnal species, 200m and 900m, respectively, are Barratt's recommendations ' 3 The presence of a top predator hrruts the impacts of mesopredators, and stabilizes prey densities • Coyotes generally control mesopredators and , m turn, stabilize the density of their ' prey populations (Kelly and Rotenberry, 1993, Crooks and Soule, 1999) B Other biological interactions over the urban interface • Supplemental food, offered or pilfered, can balloon population densities beyond the ability of the habitat to sustain them, and promote disease transmission (Koopowitz, ' et al , 1995). • Native and invasive generalists common m both habitats increase and outcompete native specialists (e g , gnatcatchers and wrens, Koopowitz, et al , 1995) ' C Weed introduction, establishment, and proliferation 1 By adjacent landscaping (Koopowitz, et al. 1995) ' 2 By movement through the habitat of hikers, horses, pets and vehicles ' Henderson Creek Propen~es Final EIR 1 ~-61 4/292004 Mr Larry Henderson April 3, 2004 Page 20 • See Sorenson (1986) for a review of mechanisms of seed dispersal by adhesion • Seeds are effecuvey transported into reserves on clothing, integuments, and droppings of humans, domesticated animals, and the generalist species traveling across the boundary • The abundance and dwersrty of weed species is higher close to trails (Bemm~ger- Truax, et al, 1992) • Lonsdale (1999) reviewed the literature for 184 sites, and found that the number of exotic species m nature reserves increases with the number of visitors D. D~sruphon of the fire cycle • The proliferation of invasive grasses shortens the fire cycle, changing the levels of available soil nutrients (Carbon and Nitrogen, m particular) and altering the structure of the ecosystem (D'Antomo and Vrtousek, 1992). • Turner, et al (1989) found that the effects of disturbances, such as fires, floods, and disease, spread faster and increase m magnitude m highly fragmented landscapes Their work predicts that habitat patches will become permanently disturbed under regimes of fragmentation and disturbance, such as those increasingly experienced by RAFSS from fire and urbamzat~on E Trampling • The vegetation structure is altered along trails of all ]cords There are fewer woody and herbaceous plants and more grasses See Jordan (2000) for a nice summary and review of some of the literature. F Local changes m mrcrochmate • Increase m average air and soil temperatures, decrease m relatrve humidity, decrease m wind speed (Adams, 1994, Koopowrtz, et al. 1995) • Decrease m soil moisture, causing a cascade of effects, including reduced seed germination, increased stress to plants, increased pazasmsm, and increased mortality (Rowley, et al , 1993) G The presence of trash (by blowing and dumping) • Native wildlife ingests refuse items, e g , c~gazette butts, gum, plastics (Koopowitz, et al , 1995; R Ikeda, personal observaUOn), and suffers the effects • Change m the nutrient composrt~on of the soils, leading to a s}uft m community structure (Rowley, et al , 1993) • Attraction of pest species, and mflat~on of their numbers (Rowley, et al , 1993) H. The exposure to the nose and behavtoral disruption of human presence • In general, bud activity and communication aze interrupted by Joggers, hikers, children, photographers, and motor vehicles (Jordan, 2000) • Nest building and success are both negatively impacted by road noise The literature exarninmg the relationship is reviewed by Boyle and Samson (1985), and by Bennet and Zuelke (1999) 4/29/2004 10-62 Henderson Creek Properl~es Final EIR ' Mr Larry Henderson ' April 3, 2004 Page 21 ' Thts effect can persist up to a distance of 1000m from the source (Jordan, 2000) I Light pollution ' There is tittle work on this as yet, but lots of concern (e g ,Adams, 1994, Kelly and Rotenberry, 1993, and Koopowttz, et al, 1995) • Lights attract insects, and are consumed disproportionately by predators (e g ,bats) exploiting the concentrated food source. Such trends might Jeopanze insect populations • Animals' behaviors are likely to change given increases m ambient light, as they do ' during full moons ' J Atr pollution (Ozone) • Causes reduction in plant cover (OT.eary, 1990). • Reduces exchange of materials over leaves, thereby reducing productivity (Winner, 1991) and energy reserves, and decreasing growth and resistance to predators (Preston, 1986) III. Buffer Zones A Genera] importance, and particular relevance m the present example B Mechanisms to determine chazacteristics necessazy to effectively preserve the habitat ' Given that exchange of matenals and energy across a preserve's boundaries (edge effects) reduces the preserve's size, the challenge of landscape management is to identify and assess the variables contributing most heavily to edge effects, and the species most ' seriously impacted, and devise ways to uncouple them (Kelly and Rotenberry, 1993, Diamond, 1975, Schonewald-Cox and Bayless, 1986; Hansen, Rotella, Kraska, and Brown, 1999; Laurance, 1991). ' Using the North Etiwanda Habitat Preserve as an example. Given the above considerations, it seems likely that the following measures might limit the reduction of the preserve's functional size by urban encroachment • reduce the surface azea of the southern perimeter • exclude shooting, dumping, motor vehicles, domestic animals, and hrnit human use (as per the Management Plan) ' • maintain the area to the south of the preserve as RAFFS, forming a contiguous area of quality habitat. if the southern property is to be developed ' • a buffer zone of at least IOOOm of RAFFS, albeit disturbed, along it • rigorously enforce to restrictions listed above (second bullet) • use street and house fight fixtures which emit less intense fight ' • do not build roads to the north of the development ' IV. Preservation and Public Policy Insofaz as governments are compelled to preserve habitats by such legal measures as the Federal and State Endangered Species Acts, and CEQA, rt is necessary to have a comprehensive plan to ' Henderson Creek Properties Final EIR 10_63 4/29/2004 Mr Larry Henderson Apnl 3, 2004 Page 22 carry out and apply the basic research regarding edge effects and devise development plans to hmiUamehorate their effects before development (Kelly and Rotenberry, 1993). The EPA maintains a websrte, on which they post model ordinances to protect local resources www epa gov/owow/nps/ordinance/moh htm Literature Cited Adams, L A 1994 Urban Wildhfe Habitats Unrv of Minnesota Press Adams, L A , and L E Dove 1989 Wildhfe Reserves and Comdors m the Urban Environment A Guide to Ecological Landscape Planning and Resource Conservation National Institute for Urban Wildhfe Columbia, Md Alberts, A C , A D Richman, D Tran, R Sauvajot, C McCalvm, and D.T. Bolger. 1993 Effedts of habitat fragmentation on native and exotic plants in Southern California Coastal Scrub In J E Keeley (ed) Interface Between Ecology and Land Development ~^ Cahfomia Southern California Academy of Sciences, Los Angeles pp 103-110 Andren, H 1994. Effects of habitat fragmentation on birds and mammals m landscapes with different proportions of sortable habitat a review Oikos 71(3) 355-366 Andren, H., and P. Angelstam 1988 Elevated predation rates as an edge effect m habitat islands. experimental evidence Ecology 69(2) 544-547 Barran, D.G 1995 Prey habits and movement patterns of house cats m Canberra, Australia. Matster's Thesis. David Banatt is Forest Diversity Doctorate for the Australian Nat. Cons Agency. the executive summary of his thesis is posted at www ncal.veno coin/-nsnbarratt html Bennet, K.A and E. Zuelke 1999. The effects of recreation on buds: a literature review Delawaze Natural Hentage Program Smyma, DE. 19977. Benninger-Truax, M , J L. Vankat, and R L. Schaefer. 1992. Trail comdors as habitat and condmts for movement of plant species m Rocky Mountain National Pazk, Colorado Landscape Ecology. 6(4)269-278. Bolger, D T , A C Alberts, and M E Soule 1991 Occurrence pattems of bud species m habitat fragments sampling, extinction, and nested species subsets Am. Nat 137(2)• 155-166 Boyle, S.A , and F B Samson. 1985 Effects of non-consumptive recreation on wildlife: a review. Wildl Soc Bull 13.110-116 Churcher, P B , and J H. Lawton 1989 Beware of well-fed felines. Natural History (July) 40-47 4/29/2004 10-64 Henderson Creek Properties Final EIR Mr Latry Henderson April 3, 2004 Page 23 ' Crooks, K R , and M E Soule 1999 Mesopredator release and avifauna) exhnchons m a fragmented system Nature 400 563-566 ' D'Antomo, C M and P M Vitousek. 1992 Biological invasions by exotic grasses, the grass/fire cycle, and global change Annual Review of Ecology and Systematics 23 63-87 ' Diamond, J M 1975 The island dilemma lessons of modern biogeographic studies for the design of natural reserves Btol Conserv 7 129-146 ' Dtamond, J M 1976 Island biolgeography and conservation strategy and limitations Science 193 1027-1029. ' Gates, J E. and J A Mosher 1981 A habitat approach to estimate habitat edge width from buds Am Mtdl Nat 105 189-192 Hansen, A I and D L Urban 1992 Avian response to landscape pattern the role of species life histories Landscape Ecology 7 163-180 ' Hansen, A J., J J. Rotella, M P V Kraska, and D Brown 1999 Dynamic habttat and population analysts. an approach to resolve the biodiversity manager's dilemma. Ecological Applications ' 9(4) 1459-1476 Jordan, M. 2000. Ecological impacts of recreational use of trails a literature review Jordan is a ' Nature Conservancy biologist The article is posted at www cahfomiastatehorsemen com/enviro-imoact him ' Keeley, J E. 1993 Interface Between Ecology and Land Development m California Southern California Academy of Sciences, Los Angeles Kelly, P A , and J T Rotenberry 1993. Buffer zones for ecological reserves in California: replacing guesswork with science. In: Keeley, J E. (ed) Interface Between Ecology and Land Development in California. Southern California Academy of Sciences, Los Angeles pp 85-92 ' Koopowitz, H , A.D Thornhill, and E J. Woehler (exec eds). 1995. Management Plan for the Ecological Preserve of the Umversrty of California at Irvine. ' conbto bio uciedu/maps/plannav map~331,14 Langen, T A , D.T Bolger, and T J Case. 1991 Piedation on artificial bird nests m chaparral fragments Oecologia 86395-401. Laurance, W F 1991 Predicting the impacts of edge effects m fragmented habitats Biol ' Conserv 55 77-92 Lonsdale, W M 1999 Global patterns of plant invations and the concept of mvasibility Ecology ' 80(5) 1522-1536 ' Henderson Creek Properties Final EIR 10-65 4/29/2004 Mr Larry Henderson Apn13, 2004 Page 24 O'Leazy, J F. 1990 Californian coastal sage scrub general charactenstics and considerations for brolog~cal conservation endangered plant communities of Southern Cahforma Southern Cahforma Botanists Special Publication No 3 24-41 Preston, K P 1986 The effects of sulphur dioxide and ozone on growth of California coastal sage scrub Dissertation UCLA. Rowley, L , R Edwards, and P. Kelly 1993 Edges their effect on vegetation and wildlife www nre vac gov au/web/root/dormnohnfseneshnfsheet nsf/814d63c904070f854a25651900273c 07/c78c4a4e43a2242f4a25668700102822~OpenDocument Scott, T A. 1993 Initial effects of housing constrnction on woodland birds alnog the wildland urban interface In In. Keeley, J E. (ed) Interface Between Ecology and Land Development rn Cal~fomia Southem Cal~forn~a Academy of Sciences, Los Angeles. pp 181-187 Schonewald-Cox, C M ,and J.W Bayless 1986 The boundary model a geographrcal analysis of design and conservation of nature reserves Brolog~cal Conservation 38 305-322 Sorenson, A. 1986 Seed dispersal by adhesion Annual Review of Ecology and Systematics 17 443-463 Soule, M E , A C Alberts, and D T Bolger 1992 The effects of habitat fragmentation on chaparral plants and vertebrates. Orkos 63 39-47. Turner, M G , R H. Gazdner, V.H Dale, and R V OTleill 1989 Predicting the spread of drsturbances across heterogeneous landscapes. O~kos 55 121-129. Wems, J A., N.C Stenseth, B Van Horne, and R A tins 1993 Ecological mechanisms and landscape ecology. Oikos 66:369-80. Wilcove, D S. 1985. Nest predation rn forest tracts and the decline of migratory songbirds Ecology 66(4)•1211-1214. Winner, W W , et aI. 1991 Consequences of evolving resistance to azr pollutants. In: Taylor, G E , Jr, L F Prtelka, and M. Clegg (eds) Ecological Genetics and Au Pollution Spnnger- ' Verlag NY • North Etiwanda Specific Plan , The City acknowledged the razity of RAFSS m its Resource Management Plan for the North Etrwanda Specific Plan stating, "This vegetation type ~s now confined to remnant patches along , unaltered streams and outwashes, because urban development and flood control protects have 6-43 ehnunated ~t from most of its former range" The RMP further states, "Because of rts increasing scarcity, RAFS habitat ~s considered a high pnonty for preservation by several resource I , 429/2004 10-66 Henderson Creek Properties Final EIR ' Mr Larry Henderson ' Apri13, 2004 Page 25 1 1 u management agencies including the CDFG, the USFWS, USFS, and the Cahforma Native Plant Society (GNPs)" Moreover, a mayor goal of the RMP is to "preserve the maximum feasible amount of RAFS" and list the following design feature • RAFS removed from open space designations as adopted m the ENSP, April 1, 1992, shall be replaced at a ratio of not less than 2 1 - Furthermore, the RMP estimated that 3,272 acres of RAFSS habitat existed on the North Etiwanda Fan Since its adoption date m April 1992, however, several hundred acres of RAFSS have been (or will be) eliminated by various protects approved by both the County and the City Fewer than 2000 acres of this globally imperiled habitat now exists This fact, coupled with the designation of North Etiwanda Fan as critical habitat for the federally endangered Cahforma Coastal Gnatcatcher, has prompted the Responsrble Agencies to recommend replacement ratios of 5 1 :• Natural Resources/ Biological Impacts / Inadequate and inaccurate description of habitat type and wildlife occurance Correct description is "The Protect is entirely within a State designated "Significant Natural Area" and sustains a State designated "very threatened" habitat - Riversidean Alluvial Fan Sage Scrub (RAFSS) and Alluvial Fan Sage Scrub (AFSS) -according to the Natural Diversity Data Base and published scientific papers Additionally, the U S Fish & Wildlife Service has designated the habitat area as "critical habitat" for the federally listed Cahforma gnatcatcher and San Bernazdmo kangaroo rat Whether or not current field studies conducted by the Applicant's hired biologist have identified the species as occurring onsite, records with USFWS and County Museum indicate that the SBKR do occur Regardless, habitat for the species occurs on Protect site and is federally designated as "critical", regmnng consultation with USFWS If the Project applicant and City desue to process the Protect separate from the County-wide MSHCP, the Protect applicant must prepare and submit a HCP to USFWS m order to receive a TTP / The Protect site consists of RAFSS, AFSS, AFS, Riparian and Streambed habitats There was a small amount of "disturbed grasslands" prior to the wildfire Fire and flooding are important elements of the habitat types and assist m eliminating non-native plant species, including grasses. According to experts on these habitat types rt is most likely that areas of "disturbed grasslands" will not reappear Also, the mosaic age distribution of the sage scrub habitats will change, but not m biological importance Where there were once pre- fire disturbed grasslands there will be immature sage scmb Stands of prefire immature/pioneer sage scrub that were skipped over will become mature stands / The DEIR inaccurately identifies habitat type as "Upland" Sage Scrub. Even the City knows better, and m the NOP identifies that the habitat is Alluvial Sage Scrub Why does the Applicant representatives use the inaccurate term "Upland" and m what published scientific literature are they referencmg~ It appears that the Upland term is being used to avoid identifying habitat impacts and mitigation 6-43 con't 6-44 ' Henderson Creek Proprn~es Final EIR 10-67 4/29/2004 1 Mr Larry Henderson April 3, 2004 ' Page 26 Rrversidian Alluvial Fan Sage Scrub is the predominant natural community on the upper and , lower North Etiwanda Fan and is globally imperiled The State ranks this natural community 6-44 S I 1 meaning that there are fewer than srx element occurrences or 2000 acres. cou't 73% of all Rtverstdlan Sage Scrub is m private ownership, with only 7 3% m managed public ownership (Source California GAP Analysis Report) ' 42 sensitive species (fully 79% of the animal species included m the Valley Multi-species ' Plan) are known to occur on RAFSS m North Etiwanda (Braden) 34 sensmve species are known to breed m this same area (Braden) , - Wildlife Movement / The Protect will have negative impacts to wildlife movement onsite and will extend ' mduect negative impacts on the fully protected North Etiwanda Preserve These negative effects are expected to occur immediately north of the Protect site also, on Nature Sanctuary lands held by The Habitat Trust for Wildlife Displacement of wildlife, ' mcludmg the currently established movement of species throughout the region, is a significant negative impact. With less and less habitat available for movement to forage and breed, the Project pushes target species for conservation into a closet living scenario ' Incremental, cumulative and regionally collateral losses of habitat increases the threats of extinction Narrowing of "critical habitat" and species movement is certainly an unmitigated negative impact from this Protect. Relying on adjacent habitat to provide a ' swath of "open space" and mitigate for this Protects negative impacts to wildlife movement is NOT acceptable and is DOUBLE-DIPPING if using County Flood Control 6-45 lands that under Teens and Conditions of previous levee protects The North Etiwanda , Preserve cannot legally be used AGAIN as mitigation for this Protect or any other in the region. This Protect does cause SIGNIFICANT NEGATIVE IMPACTS to target species ' and wildlife movement that is currently unmitigated The Sage Council requests that the City and Applicant significantly reduce the Protect and provide onsite habitat to partially mitigate for such negative impacts and affects. , / County NEOSHPP -- The NEOSHPP boundaries include the Protect area The NEOSHPP was approved by the County prior to the proposed Project, mcludmg TT and ' SUBTT. The Sage Council is m disagreement with the Project DEII2 assessment that NEOSHPP does not apply d To meet the 5.1 mitigation requirements the Applicant should be required to set aside an dedicate at least 32-acres for conservation of habitat onsite and perrnitted to develop 31-acres at a higher density -such as a dwelling design for single story upscale town houses or condos. ' Additional in-kind habitat should be acquired adjacent to the site and existing habitat preserves and sanctuaries - adjacent to the North Etiwanda Habitat Preserve, held by the County and 4/29/2004 10_68 Henderson Creek Propemes Final EIR ' 1 Mr Larry Henderson ' April 3, 2004 Page 27 t 6-45 ' Nature Sanctuaries, held by The Habitat Trust for Wildlife (contact The Habitat Trust legal I con't counsel, Crag Shennan (619) 702-7892) ' / The largest adjacent landholder is Open Space l (OS1) Distract Committee of the North Et~wanda Reserve, yet, thrs landholder has not been consulted with by the Project Applicant or Crty. Nor has the OS1 D~stnct provided a comment letter on the Project It ' appeazs that the OS 1 D~stnct may not have received adequate nonce of the Protect and its 6-46 impacts to the Reserve We recommend that the City and Applicant contact the OS1 District Committee and request that they provide a comment letter on this Project Why ' hasn't the DEIR been submitted to the County OS District Board for review and comment? ' - Other References and Literature on the biological significance of the Project site and surrounding habitat areas. t • AFSS ~s already one of the most threatened communities m the world and this azea contains the largest intact block of this habuat type (EPA, 2002 ) ' The Metropolitan Water District has added some 880 acres as off-sue mu~gauon from other projects To the North is national forest (Qwnn, 1998). • AFSS ~s a unique habrtat, combining chaparral, desert and coastal sage scrub species on an alluvial soil. This area rs called an alluvial fan It has developed through ' deposrtron of sedrment that accumulates over years of runoff. Generally hrgher towazds the canyon there aze larger partrcles that get progressively get smaller the 6-47 ' farther downhill you go. There aze current washes on ether srde of the fan (Quinn, 1998) ' • There are three age types of AFSS. Proneer or rmmature AFSS generally grows close to the active wash and consists of young perennials It consists of eazly colonizing ' specres like scalebroom and buckwheat Scalebroom rs most often found m washes and considered and indicator species for AFSS Intenned~ate AFSS ~s generally more uniform and less diverse. In the San Gabriel flood plain the majority of plants were ' Buckwheat. Mature AFSS is very diverse with an assemblage of many species It also has the most complex vertical structure with three d~sunct strata (Smith 1980) , , ' • There have been 122 species of buds observed, 28 of those have been observed nesting Some of those aze species of special concern that have declrning populations like the Coopers hawk as well as the Cahfornra gnatcatcher. There have been 245 species of plants observed on the preserve m two drfferent collecuons (des Launers, 1981) Henderson Creek Propetl~es Final EIR 10-69 4/29/2004 Mr. Larry Henderson April 3, 2004 ' Page 28 • Reptile diversity is also high m the preserve There have been 25 species of reptiles , found on the preserve, many of these have been experiencing declines m numbers The two-striped garter snake, coast patchnosed snake, coastal rosy boa and San Diego horned lizard are all state species of special concern that are found m the area (DFG, ' 2000) The San Diego horned lizard was believed to only occupy lower sandy 6-47 washes but they are found higher up on teraces m significant numbers on the Etiwanda/San Sevame fan complex coo't' • The California Gnatcatcher is the most important organism, politically, to the preserve It is the reason why the preserve was established This small passerine , likes mature habitat with lots of vertical structure The gnatcatcher needs a large azea to breed compared to IIs relative small size So of course the lazger the preserve the , more gnatcatchers it can support. They regmre at least 3.4 hectazes per breeding parr. The reason is that gnatcatchers produce an average of 3 4 nests per breeding season and up to seven have been observed (Braden, 1999). Many animals eat gnatcatchers ' so the more babies they produce the better chance they have at successfully rearing their young • There have been 33 species of mammals that occupy the preserve area (Des Launers, 1979 and Braden, unpub data) The most significant mammal being the federally endangered San Bemadmo kangaroo rat. This animal is present m low densities ' along East Etrwanda Creek (Braden, pers. comm ). The SBKR prefers open areas that would consist of pioneer AFSS Currently most of the preserve's vegetation is too , dense for the SBKR. It would take ahundred-yeaz flood to scour the area and allow succession from pioneer AFSS to take place again Due to the fact that there is massive catch basins and large water diversion pipes it es very unlikely there will ever , be a significant flooding of the azea The SBKR seems destined to become locally extinct if there is not recolinization on a regular basis from Lytle creek and Calon wash populations ' • Historic habitat for SBKR has been reduced by 96% due to agriculture and urban expanseon (EPA 2002) ' , . • What habitat es ]eft is stell threatened by fragmentation and other modification due to , human activity Kangaroo rats are important because they are keystone species They eat various seeds and store these seeds underground Some of these seeds are left and the burows of kangaroo rats are great places to germinate. This allows many ' seeds a boost for growth (Aleshire, 1994) ' • Human use of the habitat started with Native Americans (Gabnelmos) who used water out of the springs and used the white sage for ceremonies The area is considered sacred because of the high concentration of white sage. Europeans first ' 4/29/2004 10_70 Henderson Creek Properties Final E1R ' 1 Mr Larry Henderson ' April 3, 2004 Page 29 LJ LJ '~ colonized the area in the late 1800's Water rights were claimed and water was used 6-47 from the canyons to imgate fields below Water was the most important resource m the area con't • On April 16, 1994 James Bums, a USFWS biologist, and Robert McKeman of the San Bernadmo County Museum observed the California gnatcatcher on the Etiwanda Alluvial Fan area • The NEMP states that the area is to be used for non-invasive scientific use Pets and horses are not allowed as well as hunting and off-road vehicles All of these things are not enforced In fact the city of Rancho Cucamonga is trying to allow horse back- ndmg mthe preserve (des Launers, pers comm) There is an equestrian center planed and by allowing horses in the area it makes houses more valuable for sale and higher taxes for equestrian zoning Allowing horses would negatively impact the Preserve immensely The biggest threat would come from increased exotic plants, mainly annuals The abundance and diversity of weed species is higher closer to trails used by horses (Benninger-Tmax, et al , 1992) • If horses are allowed many of these areas by trails will have exotic annuals taking the place of native forbs as well as perennial species This will change the biology of the area It will give a place for invasive exotic species to gam a foothold and spread through the preserve There are two invasive exotic annuals that have already gained a foothold in the preserve Sweet alyssum and mustard are found even in areas that are relatively undisturbed Invasive perennials like horehound will quickly out compete native plants along roads with the help of horses to transport their seeds Also more annual plants are likely to increase the frequency of fire. Fire is an important part of the ecosystem but if an azea burns to often it could turn Into grassland The current fire cycle is 6-50 years but it is expected to increase due to human impact (Quinn et al , 1998) As the City is well aware, impacts to state and federal listed endangered and threatened species require full and complete mitigation and do not have provisions [o be "ovemdden" by the City Council. As such, the EIR is legally mandated to consider such compensatory mitigation at the lime of approval. The deferral of such denies the public and decision makers the opportunity to evaluate the expected impacts and consider the possible mitigation thereto Multiple CEQA trustee resource agencies (USFWS, CDFG, USFS) have clearly spoken on the level of impacts that need to be considered and mitigated ro the extent feasible This gwdance of CEQA responsible agencies must be considered and not arbitrarily withheld The City is well within its legal right (and I believe rt has a moral obligation and public duty) to require a property owner to replace the destroyed habitat with like-kind habitat m amounts that are proportional to the damage that his/her protect will do to the environment Offsetting donations of land that are commensurate with the environmental damage a protect causes are 6-48 6-49 t Henderson Creek Properties rural EIR ] 0_71 4/29/2004 1 Mr Larry Henderson April 3, 2004 Page 30 fundamental to a sound conservation strategy that seeks to save the last remnants of a of a very threatened natural community The Cahfomia Department of Ftsh and Game recognizes this and has consistently maintained, since 1992, m letters of response to specific projects involving RAFSS that, "RAFSS is one of the rarest habitats m the state" and "that impacts to RAFSS are significant and need to be mitigated on a ratio greater than 1 1 ". CDFG further recommends that impacts to RAFSS should be mitigated at a replacement ratio of 3:1 or greater even if the habitat is not occupied by an endangered species. USFWS also wastes, "Replacement rates for impacts to alluvial scrub and/or alluvial chaparral should be, at least, 3 acres of scrub or chaparral preserved in perpetuity for each acre destroyed or degraded...." (Letter to Chaffey Jom[ Union High School District dated August 10, 1999) This position is consistent with CEQA which requires that significant environmental impacts be mitigated to insignificant levels. The Iomt CDFG and USFWS letter sent to the County m 2000 states that 5 1 RAFSS/AFS habitat mitigation is needed Draft EIR Fails to Adequately and Fairly Disclose Proiect Impacts The following are matters which need to be addressed and better elucidated m the response to comments and the final SEII2. 6-49 coo't' 1 The draft EIR fails to adequately identify the cumulative impacts to biological resources on a ~ tr50 project-by-project basis Reliance on previous outdated EIR's OR EAs is not sufficient. i~ 1 2 The draft EIR fails to adequately identify and quantify the past protects approved by the City 16_51 ' of Rancho Cucamonga have not reduced biological resources impacts to below levels of significance. 3 The draft EIR farts to adequately identify and quantify the past direct and cumulative loss of blue-tine streams (whether seasonal or not) within the pre-incorporation area of the Crty of Rancho Cucamonga, within the current boundaries of the City, and the local region What rs the direct and cumulative effects of these seasonal and blue-line stream losses on habitat, 6-52 species and water quahty~ 4 The draft EIR fails to adequately quantify the regional and local acreage for each of the sensitive habrtats (e g RAFSS) and specres (e g gnatcatcher) that will remain after impacts to such species and habrtats following constivction of the Project 5 The draft EIR farts to identify and describe the approval process (land use approvals and ~ 6-53 processing under the Subdivision Map Act) that will be done for this Protect It is apparent 1 4/292004 1 Q_'72 Henderson Creek Properties Final EIR ' Mr Larry Henderson ' April 3, 2004 Page 31 ' 16-53 that the City of Rancho Cucamonga has no legal Iunsdiction over the Protect. It also appears that the previous tentative tract maps for the Protect have expired con't ' 6 The draft EIR fails to adequately identify and fully describe the delineation of all of the land which the Ctty of Rancho Cucamonga plans to annex at the same time and/or connection 6-54 with the approvals for this instant Protect In this respect, the draft SEIR is deficient because ' rt fails to identify all significant adverse tmpacts at this time 7 The draft EIR fails to adequately tdenttfy and describe off-site and indirect impacts caused by ' the Protect including (1) availability and source of water on local, regional and statewide levels, (2) location of water sernce infrastructure, particularly off-site, and (3) edge effects to 6-55 sensitive biological lands to the north and surrounds caused by future residents (persons and ' their pets) Impacts arising from construction of mfrastmcture must be fully analyzed - whether the impacts are temporary or permanent 1 1 1 8 The draft EIR fails to adequately tdenttfy, quantify and describe the impacts from the comparative developments from which the prior (and relied upon) EIR's were based The use 6-56 of table and charts for this purpose is mandated by CEQA for comparing tmpacts 9 The draft EII2 fails adequately describe why the proposed Protect is not mitigating each of the Project tmpacts to below a level of significance If approval of this Protect is presupposing the adoption of a statement of ovemdmg considerations, the draft EIR is 6-57 deficient m identifying, describing and analyzing the reasons and supporting facts why a statement of overriding considerations may or may not be proper, and how such may be avoided with adequate mitigation 10. The draft EIR fails to adequately tdenttfy and analyze traffic tmpacts to regional roadways and highways, such as Interstate 1Q some of which currently operate at severe traffic levels 6-58 Due to the size of this Protect and its cumulative companion Protects, a "heightened" level of traffic analysts is required under CEQA. To ensure that this Project complies with CEQA and the Subdivision Map Actitit, please ensure I6-59 that full and complete mmtigatton is required In closing, [he Sage Council has made a fart argument and provided the City and Applicant with suggested protect Altematrves and design that are feasible and would meet the lead public trust agencies mitigation requirements The Sage Council requests to remain notified by the City 6-60 regarding this Protect proposal and any others m the West Valley Foothills area Thank you If you should have any questions or m need of our non-profit services, please contact Leeona Khppstein, Director, Spurt of the Sage Council (626) 744-9932 For the Wtld Earth, ' Henderson Creek Propmies Fnal EIR 1 Q_'73 4/292004 Mr Larry Henderson April 3, 2004 Page 32 Leeona Klippstem, Co-founder Conserva[~on Programs Director Spent of the Sage Council 4/292004 10_74 Henderson Creek Properties Final EIR LJ Letter 6 ' Ms. Leeona IClippstein, Spirit of the Sage Council, Apri13, 2004 ' Comment 6-1 This comment states that since signing the Multiple-species Habitat Conservation Plan contract, the Ctty has continued to approve development on habitat lands that should be conserved 1 Response The proposed general plan and ENSP amendments do not change the designated land use from Open Space to Res~denhal but merely from one residential ' designation to another The result is a similar number of lots but slightly smaller lot sizes ' Willi regard to the issue of conservation lands, the protect sae's relationship to the NEOSHPP ~s drscussed m Sect~on4 ]0 beginning on page 4 10-16 Maps A-5 through A-9 of the NEOSHPP have been reproduced and aze ' included at the end of Appendix I These show the located of the protect site m relation to the NEOSHPP area As indicated, the project site is not shown as possible future open space preservation (Map A-5) The site ~s shown as contazmng RAFSS (Map A-6) and conta~mng two species of concern (Map A-7), but is not considered to be a biologically sensrtrve site (Map A-8). The site is also constrained by the Henderson Creek Flood Control Channel ' (Map A-9) Therefore protect development on this site would not be s~gmficant once mitigation land of higher quality ~s purchased ' Comment 6-2 This comments is a request that the City deny the proposed protect and adopt the No-Protect Alternative ' Response The Planning Commission and City Council will review the proposed protect including the envrronmental rmpact report and rts findings, hold heanngs and take public testimony, and weigh all of the evidence, mcludmg wntten public ' comments received on the Draft EIR and lead agency responses, pnor to taking an action on the protect. ' Comment 6-3 This comment states that there ~s inadequate mitigation of on-srte brolog~cal impacts ' Response The ratio determined by the project biologtst for mfigat~on land was based on a number of factors as follows• ' • The proposed protect does not impact RAFSS or other sensrtrve habilat. The RAFSS on-site rs within the Flood Control easement for Henderson Creek and will not be disturbed. ' • The habilat on-site was not occupied, and due to the fire, remains unoccupied ' Henderson Creek Propemes Final EIR 10_75 4/29/2004 • The habitat that will be eliminated is predominately Upland sage scrub, consisting of white sage and California sagebrush There is no similaz suitable habitat m the area so the project biologist recommended an alternative, which was to conserve a site with a npanan/chaparral mix farther up the Etiwanda fan from the project site within the NEOSHPP The proposed mitigation site has been visited by San Bemardmo County Museum staff who believes that the mitigation land represents higher quality habitat than that would be lost on-site and is adequate for the loss of the on-site Upland habitat Comment 6-4 This comment presents a senes of recommendations to the Planning Commission and City Council regarding the proposed project Response The Planning Commission and Crty Council will review all pertinent documents, correspondence, and staff report related to the entitlements requested by the project applicant and make a decision based on the whole of the record Comment 6-5. This comment presents a senes of recommendations to the project applicant/developer regarding the proposed project Response The Planning Commission and Crty Council will review all pertinent documents, correspondence, and staff report related to the entitlements requested by the project applicant and make a decision based on the whole of the record The project applicanddeveloper would adhere to the findings of the Crty Council and act accordingly with regard to mitigation measures and conditions of approval as set forth in the project approvals Comment 6-6 Thrs comment states that there are inconsistencies in the Project Descnptron m the Draft EIR and the "Revised 3-31-99" Form A (p 23) Response• Form A (p 23) is the Notice of Completion that rs included at the front of the Draft EIR As described m the Project Descnptron, the entire protect site is approximately 100 acres. Ten acres aze designated as Flood ControUUtility Comdor and would not be developed. An additional 25.1 acres aze in Flood Control Easement associated with Henderson Creek and would not be developed This leaves approximately 65 3 acres for residential development For the purposes of annexation, the project site is 100 4 acres For the purposes of residential development and related entitlements, 65.3 acres would be developed. Comment 6-7 This comment asks that rf the City desires to purchase flood control property, that rt does so elsewhere m the County and do a separate annexation t L 1 1 1 1 4/29/2004 10_76 Henderson Creek Properties Rnal EIR , 1 Response It ~s not the City's intent to obtain Flood Control lands for the purpose of development of the Henderson Creek project or any other reason The City ~s not purchasing or otherwise negotiating with the County to develop Flood Control lands related to this project The Flood Control and Utility Comdor designated lands w~th~n the boundanes of the 100 4-acre project site would be located w~thm the City of Rancho Cucamonga but would not be controlled by the City The San Bernardino County Flood Control Distnct would continue to maintain rts fac~hhes through the project site The additional land ~s included m the annexation application because without annexation, the Flood Control land would be a County island within the City's corporate boundanes Comment 6-8 This comment asks a senes of questions concemmg the project descnpt~on Response. The text contained m Chapter 3 0, Project Descnption, is consistent m rts depiction of the project site and the vanous components and accompanying acreages ' The last paragraph on page 3-5 reads as follows "Henderson Creek Properties ~s proposing the subdivision of 65.3 acres of the 90 4-acre site into 125 lots to ' include 123 residential lots and two open space lots (the remaining 25 1 acres of the 90.4-acre site will be used for flood control improvements along Henderson Creek and will have a General Plan designation of Flood Control, Utility ' Comdor, and Open Space). The proposed project consists of a General Plan Amendment, Specific Plan Amendment, Annexation, Development Agreement, and Tentative Tract Map fora 125-lot residential subdivision (123 res~dentia] ' lots and two open space lots) located at the northerly end of Wazdman-Bullock Road at the intersection with Colonbero Road m an unincorporated area of San Bernazdmo County m the Sphere of Influence of the City of Rancho ' Cucamonga." The two open-space lots would be unburldable due to their size and/or configuration and will be maintained by the homeowners association. ' When a project rs proposed on a site where the ]and use designation does not match the proposed land use, a general plan amendment is required. Likewise, when the project site rs located m an area that is also governed by a specific ' plan such as the Ehwanda North Specific Plan, that plan would also have to be amended to accommodate the proposed project. This situation occurs penodically and amendments can be accommodated by both plans which aze dynamic documents designed to be flexible and remain relevant. When either plan becomes less flexible, or the needs of the City and/or rts citizens change, plans are updated or new plans aze adopted to replace outdated plans For ' example, the City adopted a new General Plan m October 2001 to reflect the changes m the physical, social and economic landscape of the City m order to remain relevant as the planning document to continue to guide growth and ' Henderson Creek Proper0es Final EIR 1 ~_'~~ 4/298004 development Therefore, the number of rimes a plan has been amended is not relevant. Comment 6-9• This comment asks questions concerning the Flood Control easement through the protect site Response As discussed m Response to Comment 6-7 above, it is not the Crty's intent to obtain Flood Control lands for the purpose of development of the Henderson Creek project or any other reason The City is not purchasing or otherwise negotiating with the County to develop Flood Contro] lands, and is not a attaching residential project to flood control lands, or redesignaring flood control lands for residential use The Flood Control and Utility Comdor designated lands within the boundaries of the 100.4-acre project site would be located wrthm the Crty of Rancho Cucamonga but would not be controlled by the Crty. The San Bemazdmo County Flood Control Dismct would continue to maintain its facilities through the project site. With regazd to other hazard issues identified m this comment, flooding, wildfire and earthquake, the project requires a Conditional Letter of Map Revision to revise the FEMA flood maps to remove the protect site from the flood zone. Once that has occurred, the residential development will not be m a flood zone. This would be completed prior to completion of the residential project Wildfire issues were addressed m the Draft EIR m Section 4 7 and can be mitigated through the adoprion of the Fuel Modification Plan. Finally, with regard to earthquake hazazds, these are addressed m Section 4.5 of the Draft EIR. The project site, as the rest of southern California is located in an area known to produce earthquakes and all residents aze subject to similaz hazards if they choose to live m the region. There is an Alquist-Pnolo Earthquake Zone located to the southwest of the site but the project site is not within that zone. A geotechmcal survey of the site (Appendix E) found that there are no faults on the project site. Proper site grading and preparation, and adherence to the Uniform Building Code for structures adequately addresses impacts associated with seismic events. Comment 6-10: This comment asks why the City is encouraging residential development m wildlife habitat azeas Response The General Plan and ENSP amendments do not encouragement residential development. The project site is already designated for single-family residential use. As described on page 3-9 of the Draft EIR, the proposed GPA would change the current designation of Very Low Residential (0 1-2 dwelling units per acre) to Low Residential (2-4 dwelling units per acre) for 65.3 acres of the 90 4-acre 4/292004 1 Q_'78 Henderson Creek Propen~es Final EIR 1 1 1 1 parcel, the remaining 25 1 acres of the site is reserved for a combination of Flood Control improvements for Henderson Creek and Uhhty Comdor for an SCE power Ime. The gross project density of approximately 1 3 dwelling units per acre is within the parameters of the current land use designation of Very Low Residential, however, due to the flood control and utility comdor easements, the 65 3-acre developable area has been designed to provide residential lots that will range from 14,025 square feet to 45,755, with an average lot azea of over 18,000 square feet The proposed lot sizes therefore necessitate the proposed land use designation amendments In addition, the protect site was surveyed and documented as containing a mix of grassland and grassland/deerweed mix (16 8 acres), a stand of scrub dominated by buckwheat (2.5 acres), Riversidian alluvtal fan sage scrub (RAFSS) (11.3 acres), and upland sage scrub (61 3 acres) The remaining area included a paved road Figure 4 10-1 of the Draft EIR shows the approximate location of each of these vegetation types The RAFSS is located m the Henderson Creek Channel area of the site and would not be affected by the proposed protect since no disturbance is proposed there The site was disturbed pnor to the October 2003 fire, and was dominated by the Upland sage scrub vegetation type, which is not a sensitive vegetation type Upland sage scrub is actually a vegetation type identified m Holland, Robert F , Ph D , Preliminary Descriptions of the Terrestrial Natural Communities of California, Cahfomia Department of Fish and Game, October 1986 The system of descnbmg natural communities published by the Cahfomia Department of Fish and Game is a }uerazclucal system The Scrub and Chaparral communities (30000) aze subdivided into four types of which, Riversidian Sage Scrub is one (32700). Differentiation of Riversidian Sage Scrub includes both Riversidian Upland Sage Scrub (32710) and Riversidian Alluvial Fan Sage Scrub (32720). Upland sage scrub is less affected by fluvial process, occurs on stable portions of fans and mtergrades with other types of chaparral at higher elevations. The RAFSS located on-site will not be disturbed by the proposed protect since it is within the Henderson Creek Channel area Comment 6-1 l: This comment asks that information related to EPA approval and that any correspondence between the City and EPA be included m the Final EIR. Response The Draft EIR includes technical appendices that contain the vanous studies and reports used to prepare the document Other correspondence between agencies, background matenal, and other data and/or documents used m the prepazahon of the Draft EIR are on file and available for review at the Cdy of Rancho Cucamonga Planning Counter No correspondence with EPA is included m the Draft EIR or Appendices because no approvals from EPA are regmred. Comment 6-12 This comment suggests that the proposed development agreement has been excluded from the Draft EIR. Hrnderson Creek Propmies Final EIR 10_79 4/29/2004 1 Response The proposed development agreement was tdenttfied as being one of a number of entitlements the applicant has requested (see page 3-5 of Chapter 3 0, Protect Descnption) The agreement is the result of on-going discussions between the City and the applicant and has been drafted to a form to be forwarded to the City Council for approval A copy of the agreement is included m the Final EIR m Appendix F. Comment 6-13 Thts comment states that the protect uses Flood Control easements as mitigation, even though the easement has been previously encumbered Response As discussed on pages 4 10-20 and 4.10-21, the proposed project provides a 1 1 ratio for mitigation of the loss of habitat The Flood Control easement will remain as is, unencumbered by any entitlements or mitigation associated with the protect Comment 6-14: This comment states that the project is controversial 0 II 1 Response The proposed project has a number of potential environmental effects and ' therefore an EIR has been prepared Comment 6-15 This comment states that the mtroductton of horses will cause trampling and erosion Response. The intent of the equestnan lots is to allow residents access to existing and future equestnan trails It is not the City's intent to encourage equestnans to go off the trails. Comment 6-16 This comment asks for clanficatton on the tentative tract map and whether the proposed map is consistent with the Tentative Tract Maps Act. Response: The proposed project includes a tentative tract map referred to m the Notice of Completion at the front of the Draft EIR as "Tentative Tract Map SUBTT16324. The tract map identifier of "SUB" is no longer used by the City and more recent tract maps include the identifier of TT only Regazdless of what tdenttfier is used, the tract map number is unique to each project and remains with the tract and is recorded with the final map, consistent with the Subdivision Map Act Comment 6-17. This comment identifies a number of issues that have not been addressed to the Draft EIR Response The issues tdenttfied m this comment were evaluated m the Initial Study prepared for the pro~ectand included m Appendix A ofthe Drag EIR Issues not addressed m the Draft EIR were either found to be less than significant or it was found that no Impact would occur m that area with the proposed protect 1 4/29/2004 1 ~_g~ Henderson Creek Properties Pmal E1R ' 1 A discussion of Aesthetics and Visual Quality and why no significant impacts ' would occur is included on page 5 of the Initial Study Fiscal impacts were not addressed either m the Initial Study or the Draft EIR because they are not germane to the physical environment and therefore, do not need to be evaluated under CEQA 1 II Populahon/Housmg, Parks and Recreation and other services and utilities, including water supply are discussed m the Initial Study beginning on page 15 Because the proposed protect would be similar m size and density as what is designated in the General Plan for the site, and because the General Plan was recently updated (October 2001), potential impacts of the proposed project were included and considered m the EIR prepared for the General Plan Update Therefore, no additional analysis was required Finally, there is no wetland or npanan habitat on the project site that would be disturbed due to development of the proposed project. Comment 6-18• This comment asks for clanfication on the documents incorporated by reference in the Draft EIR. Response Documents incorporated by reference consisted of the City's 2001 General Plan and the Final EIR for the General Plan [n addition, the 1989 Master Environmental Assessment was utilized for histonc purposes Other documents used m the preparation of the Draft EIR included studies and reports prepazed specifically for the project that are included m the technical appendices included m the Draft EIR Finally, some documents, such as the Ehwanda North Specific Plan (discussed m Sechon 4.1) and the County's NEOSHPP (discussed m Sechon 4-1, Land Use and Section 4 10, Biological Resources), were used m the prepazation of the Draft EIR and will be added to Sechon 1 5, Documents Incorporated by Reference. Comment 6-19. This comment contains a list of documents that the commentor has used m the prepazation of the comment letter Response• No response required Comment 6-20 Thrs comment suggests that studies and environmental review have been deferred to a future time and that the formulation of mitigation measures at a future time violates CEQA However, no specific example has been identified Response: The Draft EIR does not identify any mitigation measures that would result m the deferral of a study or environmental review to some future date There aze three mitigation measures that require the developer to submit plans (landscaping, grading, and fuel modification), however these plans must meet performance standards (specific engmeenng standards for grading and prepanng the site for ' Henderson Creek Properties Final EIR 10_81 4/29/2004 development) or other cntena (the City's requirement for landscaping) Therefore, no new Impacts, not already considered m the Draft EIR would occur Comment 6-21 • Thls comment states that the protect should be denied because there are reasonable and feasible altematrves, which should have been explored, that significant impacts have not been avoided, and that the Clty has substantially failed to make a reasonable attempt to avoid the npanan area, which runs through the protect site Response A good faith effort was made to Identify a reasonable range of altematrves to the proposed protect, including the no-project altematrve In addition, there were a number of opportunities for responsible agencies and interested parties to Identify any altematrves to be evaluated m addition to those identified m the Draft EIR Neither m response to the Notice of Prepazation, nor m the public scopmg meeting or Planning Commission public heanng held dunng the public review penod was there a request to consider additional alternatives that would substantially lessen environmental effects With regard to avoidance of significant impacts, it should be noted that with Implementation of mitigation measures, all impacts would be less than significant except for av quality associated with construction, which would be short-term Finally, m the last part of the third pazagraph of this comment, regarding the City's failure to avoid npanan habitat, no npanan habitat will be disturbed with development of the proposed protect. The Henderson Creek Channel that traverses the site m a northwest to southeast direction will be left intact and the County Flood Control Distnct will maintain the existing fence azound the facility However, it should be noted that vegetahon/habrtat on this portion of the site was also destroyed by the October 2003 fire Comment 6-22 This comment is related to the consideration and refection of an alternative site and states that the facts of the case indicate that additional known and related land holdings have been azbitranly withheld from consideration, and that the Draft EIR has made false and misleading statements concerning the land use status and designation of the protect site Response The applicant for the Henderson Creek protect owns one other pazcel of land in the area, which would be used as mitigation for the development of the project site This is the mitigation land purchased m the NEOSHPP that was determined to be adequate mitigation for the loss of lesser quality habitat on the protect site. As stated m the Draft EIR on page 2-3, an alternative site was not considered because the protect site is designated for single-family residential use and the proposed General Plan Amendment is simply to allow a similar number of units 4/29/2004 10_82 Henderson Creck Properties Final EIR , ' as under the exrsting designation, on smaller lot sizes, to accommodate the ' rrregulaz configuration of the site due to the location of the Henderson Creek Channel In addrtion, as discussed m Section 4 10 of the Draft EIR, the project site rs not an example of quality habitat for a number of reasons, including ' proxrmrty to exrstmg resrdentral neighborhoods (see Frgure 3-2), disturbance due to the construction of Flood Control Channel rmprovements, the predominance of Upland sage scrub on-site rather than Rrversrdran Alluvial Fan ' Sage Scrub (RAFSS), and the recent wildfire that burned the enure site and vrcmrty ' The second paragraph of this comment states that the Draft EIR makes false and mrsleadmg statements concemmg the refection of an Alternative Location and points to the descnption of Present Land Use/Zonmg/General Plan Desrgnation m the Notice of Completion m the front of the Draft EIR. Thrs Ime should be read as follows Present Land Use -Undeveloped Land Area/Zonrng -North Etiwanda Specific Plan/General Plan Desrgnation -Very-Low Residential and ' Flood Control Therefore, the statement on page 2-3 that the site rs prezoned for residential users accurate ' Finally, with regard to the questron at the end of the pazagraph concerning the Etiwanda North Specific Plan and whether rt should be "formally reopened", at such time as the Crty believes that the ENSP rs no longer adequate to serve as the planning guide for the Specrfic Plan area, rt would be updated. The City's General Plan was updated m 2001 There rs no state statute that requires that a Specific Plan be updated at regular intervals. ' Comment 6-23' Thrs comment states that the Draft EIR made false and mrsleading statements regarding the feasrbilrty of changing the density of the project and asks why the ' City drdn't consrder a hrgher densry (four dwelling units per acre) for 31 acres of the srte, whrch would allow conservation of up to 32 acres of habitat on-site. Response: The reasoning used to detennme that a higher densry use would have greater impacts rs that by allowing, for example, four dwelling amts per acre the applicant could get over 250 units on the 65.3 developable acres of the project ' srte Thrs, however, did not take into consrderation preserving 32 acres for habitat. Splitting the project site m half wrth housing on 31 acres and habrtat on 32 acres would not be an environmentally supenor alternative for several ' reasons Frrst, leaving 32 acres as habitat would create an isolated area of wildfire fuel, neaz a residential nerghborhood This rs because the most likely ' area of the srte for thrs habrtat rs the western portron of the site that rs contiguous to Flood Control land, whrch rs also the optrmum location for the resrdentral lots because of the Henderson Creek Channel traversrng the project site Frgure 3-2 ' on page 3-1 of the Draft EIR shows an aenal photograph of the site Second, anywhere else on the site for the 32 acres of habrtat would rsolate rt ' creating a noncontrguous area The protect srte has a resrdentral subdivrsron and ' Henderson Creek Propemes Final EIR 10_83 4/29/2004 rmproved road to the east, a maintained/graded powerlme easement to the north with propertres north of that desrgnated as Hillside Resrdentral, and a mamtarned/graded powerlme easement to the south wrth propertres south of that designated as Very-Low Residential Comment 6-24. Thrs comment states that the DEIR made false and mrsleadmg statements because "the area has not been prezoned resrdentral" Thrs comment also states that the protect needs approval from the EPA Finally, the comment states that the City has been unable to provrde any evrdence of habrtat conservation even though rt signed on to the County's Multiple-species Habitat Conservation Plan (MSHCP) Response Wrth regard to prezomng of the property, because thrs site and other properties m the North Etiwanda area are wrthm the Sphere of Influence of the Crty of Rancho Cucamonga, the Crty has a legal obligation to prezone these properties rn anticipation of annexation at such trine as development proposals move forward Figure 3-4 on page 3-3 of the Draft EIR shows an aenal photograph of the area wrth the prezone desrgnations overlard on the photo. The project site rs currently prezoned VL or Very Low Resrdentral wrth the upper 20 acres desrgnated as Flood Control and Utilrty Comdor As part of the General Plan Amendment, the Henderson Creek Channel will also be desrgnated as Flood Control because rt rs currently desrgnated for Very Low Resrdentral Wrth regard to EPA approval of the project, neither Crty staff nor the applicant has been able to rdentrfy a reason for EPA approval of the proposed project. Wrth regard to the County's MSHCP, the Crty rs a co-srgner on thrs plan, however, rt should be noted that to date tlrrs plan has not been adopted by the County. In the absence of an approved or adopted MSHCP, EIRs for development proposals must rnclude a requrrement for consultatron and a plan for the purchase of mrtrgatron lands to replace the acreage to be developed. The ratio depends on the qualrty of the habrtat on-srte, but can range from 1:1 up to 5:1. The applicant has already purchased mrtigation land wrthin the boundanes of the NEOSHPP Also see response to comment 6-27 below Comment 6-25• Thrs comment asks that the three addrtronal alternatives rdentrfied (Comments 6-22 through 6-24) be consrdered in the Final EIR Response For reasons stated m responses to comments 6-22 through 6-24, evaluation of the three alternatives rdentified by the commentor can be rejected for the followrng reasons. 1) Alternative location -there are very few propertres m the Crty of Rancho Cucamonga that remarn unencumbered by development, an approved protect 4/29/2004 10_84 Henderson Creek Properties Emal E]R ' awaiting development, or a protect m process In addrt~on, any altemative ' location m the ENSP area would have the same issues as the proposed protect on the proposed site ' 2) Alternative density - as discussed m response to comment 6-24, an alternative density would not be feasible because both the development and the habitat would be vying for the same piece of the protect site In addition, ' the proposed density of 4 units to the acre would be mcons~stent with other existing or proposed neighborhoods m the v~cmrty ' 3) Alternative land use - it ~s not clear m comment 6-24 that an alternative land use was being proposed, but for the purposes of this discussion rt ~s assumed that the alternative land use ~s open space. As stated in response to comment ' 6-23, the site is not an example of quality habitat being adjacent to existing residential uses and a local road and being traversed by the Henderson Creek Channel, which ~s fenced In addmon, the ma~onty of the vegetation on-sde ' was, before the fire, Upland sage scrub rather than RAFSS The former ~s not considered by the resources agencies to be sensitive habitat. ' Comment 6-26 This comment states that since 1995 when the MSHCP was signed 7,000 acres of habitat has been lost to development and that there is no substantial evidence that any has been conserved as a result of the MSHCP or NEOSHPP efforts In addition, the City should not approve the protect without requtnng the 5 1 ratio recommended by the resources agencies The MSHCP is a contract and guiding document for proposed development and habitat conservation within the ' mapped planning azea Response• To date the County has not formally adopted the MSHCP, and although it can ' be used as a guide, without being formally adopted or approved, developers must still enter into consultation with the resource agencies to negotiate ' mrhgahon land. As discussed m Section 4.10 of the Draft EIR beginning on page 4.10-17, a number of protects have contributed to the NEOSHPP through the purchase of mmgation land for conservation. This does not include pending ' purchases or agreements with developers such as Henderson Creek Partners The protect applicant has purchased land to be included as conservation land (see response to comment 6-27 below). During consultation with the resources ' agencies, addrhonal lands may be negotiated Comment 6-27' This comment discusses the MSHCP and how the Crty has not demonstrated a ' "good faith" effort to conserve natural resources as recommended by USFWS and CDFG experts This makes the protect inconsistent with other planning documents. ' Response It should be noted here that although the City of Rancho Cucamonga, and a number of other cities m the San Bernardino Valley, signed the agreement for ' the MSHCP, the plan has not been adopted by the County. ' Henderson Creek Properties anal ElR 10.85 nn9nooa The ratio determined by the prolect biologist was based on a number of factors as follows• • The proposed prolect does not impact RAFSS or other sensitive habitat The RAFSS on-site ~s within the Flood Control easement for Henderson Creek and will not be disturbed • The habitat on-site was not occupied, and due to the fire, remains unoccupied • The habitat that will be eliminated ~s predominately Upland sage scrub, consisting of white sage and California sagebrush There ~s no similar suitable habitat m the area so the biologist recommended an alternative that was to conserve a site with a npanan/chaparral mix farther up the Etiwanda fan from the project site The proposed m~hgation site has been visaed by San Bemazdmo County staff who believes that the mmgation is adequate for the loss of the on-site Upland habitat With regard to the issue of the 5 1 ratio, this ratio was suggested by the resource agencies rn a 2000 memo to the County planning staff and, Ike the MSHCP, has not been adopted. Given the ambiguous status of Upland sage scrub at the agencies, the 5 1 ration ~s not consistent with the standards set forth for more sensitive habitat such as RAFSS Comment 6-28: This comment concerns impacts to Special Interest Species and asks why the project brologist drd not use the list contained m the County's NEOSHPP documents. In addition, the USFWS has included the project site and vicm~ty within the cntical habitat for the Cahfom~a gnatcatcher and San Bemazdmo kangazoo rat. Response• The NEOSHPP area includes 2,077 acres of potential future open space, according to the 1994 Program The prolect site ~s approximately 100 acres but development would occur on 65 3 acres, with the remaining acreage remaining m Flood Control or Utility Comdor easements or nghts-of--way. Not all of the sensrtive specres rdentified m the 1994 NEOSHPP document range across the entire 2,077-acre area. The prolect biologist, focused on those species that were likely to be found on and m the vicinity of the project site based on a search of the CDFG Cahfomia Natural Dlvers~ty Database, vanous species natural h~stones, and review of other survey reports for projects m the v~cmity Dunng the survey of the site, the protect b~olog~st determined that the site contained approxrmately 61 acres of Upland sage scrub, a community that has not been rdentified as sensitive, nor is it regulated by any resource agency In addition, protocol surveys for the Cahfornta gnatcatcher were conducted and findings were negative No survey for the San Bernardino kangaroo rat was conducted because recent trapping work ~n the vicinity had found few 4/29/2004 10_86 Henderson Creek Properl~es Final EIR , 1 1 lJ individuals and the potential for the species to use the protect site was considered to be low After surveys were conducted, the October 2003 wildfire burned the entire site. Comment 6-29 This comment states that the Draft EIR retied on the Imt~al Study to focus out certain issues so that no further evaluation was done m the Draft EIR and fails to descnbe what ties north of the protect site, and that scenic highways or road were not addressed Aesthetics should be addressed for these as well as impacts of light and glare on wildlife The Draft EIR should also include a protect design descnption Response The Protect Descnption includes a discussion of surrounding land uses and includes photographs of the site and v~cmtty Table 3-1 on page 3-9 ~dent~fies surrounding land uses along with ex~stmg General Plan and Zoning designations. It does not however, call out individual properties by name such as the nature sanctuanes The purpose of an Initial Study (Appendix A) is to allow the lead agency to focus on issues that are germane to the proposed protect and the existing environment, by asking a senes of questions to determine ~f there is a potential for a or signrficant impact to occur The City has adopted an environmental checklist that allows the environmental analysis to be focused and specific Wrth regard to Aesthetics, the proposed project would not have a substantial effect on a scenic vista because the site ~s not located wrthm a designated view comdor (City or County). In addition, the project is a residential subdivision that must be developed to the City's standards as set forth m the Etiwanda North Specrfic Plan and would be similar m style to existing nerghborhoods m the vicinrty. New light would be typrcal of a residential neighborhood but because, according to the project biologist, the project site rs not considered to be a wildlife comdor with wildlife passing through the site at night, impacts would be less than s~gmficant With regazd to design review, all sim~laz projects must be reviewed by the City's Desrgn Review Committee and must comply with the Development Standards and Gmdehnes as set forth m the ENSP. ' Comment 6-30 This comment discusses cumulative impacts on plant and animal life and that the Draft EIR contains no real descnption of the cumulative impacts on plant and animal life ' Response The discussion of cumulative impacts (Chapter 5 0) concluded that continued development m the foothill azea would further impact local flora and fauna, ' mainly through the loss of RAFSS Wildlife will have fewer resource areas to use, although most of these are already surrounded by development Increased traffic will also result m increased mortality of wildlife (road lolls) Potentially ' significant impacts to biological resources associated with the proposed protect ' Henderson Creek PropM~cs Final ElR 10_87 489/2004 and related projects are related to the potential for impacts to endangered or threatened species or then habitat The biological assessment conducted on the site determined that no endangered or threatened species would be affected by project The applicant, like other developers m the area must purchase off-site or otherwise set aside on-site, m~hgation lands to replace habitat lost by development contnbutmg or purchasing land that ~s m or can be included m the NEOSHPP, which would mitigate potential cumulative impacts The NEOSHPP was established by the County of San Bemazdmo as a conservation area to set aside RAFSS. The issue here rs that although the project site is located within the NEOSHPP area, rt does not contain the type of habitat that resource agencies are intent on conserving - RAFSS. The RAFSS found on the protect site will not be disturbed by the development because rt ~s located m the Henderson Creek Channel easement. The Upland sage scrub that rs prevalent on the srte is not the focus of the agencies conservation efforts Comment 6-31 This comment concerns Growth lnducmg Impacts and states that the project would be growth mduc~ng Response: As stated on page 7-1 of the Draft EIR, the proposed Henderson Creek project ~s one of several res~dent~al projects being proposed, under construction, or recently developed m the upper portions of the cities of Upland, Rancho Cucamonga and Fontana, m the West Valley Foothill area of San Bernardino County. Rapid population growth m the southern Cahforma region is anticipated to continue for at least the next 20 years. Pressure to provrde housing for addrt~onal residents is great, and new housing projects m this azea, such as the Henderson Creek project, are being raprdly developed. To the extent that this project and other related projects m the immediate vicinity are being developed to meet this need, they are considered growth inducing by encouragng residents to move to the azea Pressure will likely continue to be applied to provide addrt~onal housing opportunities m the azea until development reaches the National Forest boundary, or the NEOSHPP boundary Comment 6-32 Thrs comments states that there needs to be a greater analysis on Air Quality and that reducing the project's size should be consrdered a mitigation measure. Response The Air Quality analysis (Section 4 3) was conducted according to South Coast Arr Quality Management (SCAQMD) guidelines. The findings of the analysis were that the proposed project would have a less than s~gmficant impact on air quality except dunng construction Therefore, no further analysrs is warranted Comment 6-33: This comment asks what resources and literature were reviewed "to reach such a flippant and inaccurate conclusion " 429/2004 10_88 Henderson Creek Prope~l~es Final EIR ' Response The Cultural Resources Report is mcluded m Appendix J of the Draft EIR The ' survey done for the protect site mcluded a field review and a records search at the San Bemardmo County Museum (Archaeological Information Center) The site survey was conducted m February 2004 four months after the wildfire ' burned the site so that there was a clear view of the site with no vegetation to obstruct the ground ' It was not the intent of the Cultural Resources Survey to provide a history of people who may have used the site but instead to detei-mme tf there were any resources on-site that would be disturbed by development ' Comment 6-34• This comment concerns the City's "Multi-Hazard Disaster Plan" and Health, Safety and General Welfaze The Draft EIR fails to use the County's Hazards ' Overlay maps, City Hazazds Overlay maps, EPA Hazards and Flood Map In addition, the comment discusses the Alquist-Pnolo Fault Zoning Act ' Response• Hazards that could befall the protect site are evaluated m Section 4 5 -Geology and Soils, Section 4 6 -Hydrology and Water Quality, and Section 4 7 -Public Health and Safety. i Seismicity and Earthquakes Section 4 5 includes an evaluation of seismic hazards m the vicinity and region and shows on Figure 4 5-1 where local faults are m relation to the protect site The protect site does not fall within an Alquist- Pnolo Fault Zone A geotechnical evaluation was conducted on the site (Appendix E), which mcluded a fault investigation and provided preliminary recommendations for grading and design The conclusion of the protect geologist was that conducting earthwork and grading m accordance with recommendations of the geotechntcal report and design of on-site structures to ' meet current building standazds presented m the Umfonn Building Code and/or Structural Engineers Association of California would result m the effects from seismic shaking being less than significant ' Flooding. The protect site is currently located within a flood zone according to FEMA's FIRM map However, with the Henderson Creek Channel ' improvements completed, the site is no longer m a flood hazazd area The applicant must file a conditional letter of map revision to have the site's designation changed Wind and Wildfire. Other hazards m the area include high words and wildfires ' Local residents are familiar with high wind conditions. However, people new to the area must be warned For the protect, this would be done through a disclosure m the escrow papers explaining the hazards associate with high words Likewise, wildfires tike those expenenced m southern California m October 2003, are also an issue m the ENSP azea The Draft EIR includes a draft Fuel Modification Plan that m contunction with the landscaping ' requirements would reduce the nsk loss of life and property to wildfires Henderson Creek Properties Final EIR 10_80 4/29/2004 1 Comment 6-35 This comment states that "the Sage Council ~s extremely concerned" about project impacts of water extraction actwrt~es that would effect the County preserve and other habitat sanctuanes Response Water extraction achv~t~es are conducted by water agencies to supply their customers These agencies depend on groundwater rechazge areas such as the NEOSHPP area to rechazge the system The loss of water recharge areas is addressed by the local and regional water agencies that have established groundwater recharge areas m their respective ~unsd~ct~ons to ensure effective groundwater recharge These azeas are usually m histonc creek or nverbeds such as Day Creek, Cucamonga Creek and Etiwanda Creek or m the case of the NEOSHPP area, portions of the alluvial fan being preserved as open space Often agencies with ~unsdichon m these azea will lease property to aggregate mmrng companies to excavate resources and leave the pits as groundwater recharge basins as an end use, thus allowing water agencies to effectively recharge their systems The project's demands for water supply will be met by service from the Cucamonga County (now "Valley") Water D~stnct A water storage tank will be constructed northeast of the project site and will provrde approximately 2/3 of the daily demand of 106,110 gallons A second tank will be constructed m the future northwest of the project (See Appendix H page 11). The source of water to supply these tanks will not impact any areas of habitat. Comment 6-36: This comment states that the Sage Councr recommends solaz energy be used for all residences. Response The Planning Commrssron and Crty Council will renew the proposed project mcludmg the environmental impact report and its findings, hold heanngs and take public testimony, and weigh al] of the evidence, mcludmg wntten public comments received on the Draft EIR and lead agency responses, prior to taking an action on the project Comment 6-37• Thrs comment suggests that greater evaluation and mttigat~on needs to be done for Noise, Populatron/Housmg and Traffic. Response Impacts associated with Nose were adequately addressed m Section 4 4 of the Draft EIR A Noise Study was conducted for the proposed project that ~s included m Appendix D of the Draft EIR Populat~on/Housmg, Parks and Recreation and other services and utihtres related to residential development are discussed in the Initial Study beginning on page 15 Because the proposed protect would be similar m size and density as what is designated m the General Plan for the site, and because the General Plan was recently updated (October 2001), potential impacts of the proposed L 1 1 4/292004 10_9 Henderson Creek Properties Flnal EIR ' 1 residential subdivision were included and considered m the EIR prepared for the ' General Plan Update Therefore, no additional analysts was required Traffic Impacts associated with the proposed protect were evaluated m the Draft EIR m Section 4 2 The Traffic Study is also included m Appendix B of the Draft EIR Traffic impacts can be mitigated to less than significant levels through payment of fair-share costs for road improvements as well as the ' construction of a half-width of Wardman-Bullock Road from south of the protect boundary to Wilson Avenue u u 1 Comment 6-38• This comment asks who well be responsible for fiscal impacts associated with the loss of water recharge, as well as results of natural disasters Response Fiscal impacts associated with the loss of property due to a natural disaster are usually born by the property owner and insurance company In such natural disasters, property owners maybe eligible for low interest loans to rebuild The loss of water recharge areas is addressed by the local and regional water agencies that have established groundwater recharge areas m their respective ~unsdictions to ensure effective groundwater rechazge These areas are usually m historic creek or riverbeds such as Day Creek, Cucamonga Creek and Ehwanda Creek or m the case of the NEOSHPP area, portions of the alluvial fan being preserved as open space. Often agencies with jurisdiction m these area wdl lease property to aggregate mining companies to excavate resources and leave the pits as groundwater recharge basins as an end use, thus allowing water agencies to effectively recharge their systems Finally, the issue of air pollution is a regional issue, addressed at the regional level by the South Coast Air Quality Management District, which has a number of progams to reduce regional air pollution Comment 6-39. This comment states that the project is impacting offsite habitat for phone, water, electricity and gas and has no economic benefits to the City that would allow a statement of ovemdmg considerations to be made Nor has the City demonstrated any need or benefit greater than upholding the publics' trust, health, safety, and general welfare The protect negatively affects the MSHCP/NCCP efforts as well as causing ongoing regional environmental problems. The highest and best use of the property is for habitat conservation. Response With regard to impacts to offsite habitats, the protect can be served by existing infrastructure that can be extended to the site from existing systems without effecting habitat The benefits to the Crty that justifies a statement of ovemdmg consideration are many-fold and are set out m the Protect Objectives identified m Section 3.5 of the Project Description For example, two of these objectives aze to provide quality housing opportunities compatible with existing and planned development that responds to mazket demands, and to provide a system of ' Henderson Creek Properties Final EIR 1 ~_(~ 1 4/29YL004 public/community facilities, mcludmg trails, open space areas, and landscaping to support the residents of the protect and surrounding area m an efficient and timely manner Provrdmg housing for a burgeoning population m the region as a whole is becoming increasingly difficult as people continue to move into Caltfom~a and cities and developers work to meet a vanety of housing needs from apartments to single-family residences Developer contnbut~ons to the NEOSHPP, creation of conservation easements, or on-sde m~tigahon aeeas, are examples of how attempts to balance housing needs with habitat conservation are being made Comment 6-40. This comment states that evidence does not support determinations m the NOP and EIR that there are no impacts to schools Response Developer contnbutions to school d~stncts m the form of developer impact fees were established m State Senate Bill 50 (SB 50) whwh mandates that payment of lawfully required school impact fees shall constitute full and complete mitigation of school related impacts under CEQA, regazdless of the enrollment to capacity conditions of the affected school distncts However, recognizing that school enrollment throughout the state of Cahfom~a ~s burgeoning and that most school distncts have to resort to supplementing their facilities with portable classrooms, many d~stncts also request that a developer enter into or establish a Community Services Distnct to better serve the d~stnct's needs The Gty of Rancho Cucamonga, Ike many other cities, encourages developers to coordinate with the school districts on this issue For example, the Chaffey Joint Union High School D~stnct, m which the protect site is included, has established a Community Facilities Distnct. Comment 6-41 This comment states that the Crty does not have recreational amenities for those who entoy nature hrkes and studies. There ~s an overemphasis on equestnan trails Parkland that has been acquired has not been developed. This comment also addresses the rssue of the negative impacts that horses have on sage scrub habitats and wetlands. Response• The City of Rancho Cucamonga is a relatively young city having recently celebrated only its 25a' birthday. The City's growth rate ~s one of the highest m the region due to several factors mcludmg prox~mrty to tob centers, vanety of housing stock, and amenities such as pazks, hbranes and cultural fac~hties For pazkland and open space, the Crty's emphasrs has been on parks and recreational fac~lrt~es to meet the needs of a greater percentage of its citizens According to Rancho Cucamonga's 2001 General Plan, the population rs relatively young with approxrmately 47 percent of the households having children Therefore, the City has concentrated on prov~dmg an extensive system of neighborhood parks, fields and courts, offenng all forms of family recreation mcludmg a wide range of tournaments and league play Most pazks include p~cmc areas and children's play aeeas 4/29/2004 10-92 Henderson Creek Propemes Final EIR ' Open space for hrkmg and nature study requrre a different strategy as well as a ' tremendous amount of land that benefits far fewer resrdents than the City park and recreation fac~hties The City's decision to concentrate on providing pazk and recreation opportunities to as many residents as possible may be at the ' expense of recreation for a few hikers, however, it ~s the City's intent to continue to serve its residents, by prov~dmg the types of recreational activities they desire The City ~s supportive of the need to conserve open space and ' habitat m the NEOSHPP area. As the conservation area grows through mrt~gat~on set asides, residents interested m nature study would take advantage of the close prox~m~ty and visit the NEOSHPP ' Finally, the intent of the equestrian lots rs to allow residents access to exrstmg and future equestrian trails It ~s not the City's intent to encourage equestrians to ' go off the trails Comment 6-42:This comment presents a paper prepared by a Chaffey College professor on the threat of edge effects to habitat preservation The commentor has md~cated that this paper ~s already on file with the Crty ' Response The City acknowledges receipt of the paper ' Comment 6-43• This comment summarizes the City's Resource Management Plan for the ENSP with regazd to Rrvers~dian Alluvial Fan Sage Scrub (RAFSS) and lists a design feature to preserve the maxrmum feasible amount of RAFSS. Thrs feature ~s that ' RAFSS removed from open space designations shall be replaced at a ratro of not less than 2.1. ' Response• This design feature related to propertres that have been designated as open space The project site rs currently desrgnated as Very Low Residential. Therefore, this design feature would not apply to the project site. In addrtron, ' although the project srte does contain RAFSS that azea of the site is located m the Henderson Creek Channel easement and would not be drsturbed by the ' proposed project. Therefore, no addrtional mitigation is requrred srnce the RAFSS will be reserved. t Comment 6-44: This comment asks for clarification on vegetation types and w~ldhfe that could occupy the project site and states that a Habitat Conservation Plan must be prepazed. ' Response The project site was surveyed and documented as containing a mix of grassland and grassland/deerweed mix (16 8 acres), a stand of scrub dominated by ' buckwheat (2 5 acres), Rrversidian alluvial fan sage scrub (RAFSS) (11.3 acres), and Upland sage scrub (61.3 acres) The remaining area included a paved road. Figure 4 10-1 of the Draft EIR shows the approximate location of ' each of these vegetation types. The RAFSS ~s located m the Henderson Creek ' Henderson Creek Properties Final E]R 1 x-93 4/29/2004 Channel area of the site and would not be affected by the proposed protect since no disturbance is proposed there. The site was disturbed prior to the October 2003 fire, and was dominated by the Upland sage scrub vegetation type, which is not a sensitive vegetation type. Upland sage scrub is actually a vegetation type identified m Holland, Robert F., Ph D , Prekminary Descriptions of the Terrestrial Natural Communities of California California Department of Fish and Game, October 1986 The system of describing natural communities published by the California Deparhnent of Fish and Game is a hierarchical system The Scrub and Chaparral communities (30000) are subdrnded into four types of which, Riversidian Sage Scmb is one (32700) Differentiation of Rrversidian Sage Scrub includes both Rrversidian Upland Sage Scrub (32710) and Rrversidian Alluvial Fan Sage Scrub (32720). Upland sage scrub is less affected by fluvial process, occurs on stable portions of fans and mtergrades with other types of chaparral at higher elevations Comment 6-45 This comment stated that the protect will have negative impacts to wildlife movement on-site and will extend indirect negative impacts on the North Etiwanda Preserve The NEOSHPP boundanes include the project site and the Sage Council disagrees that the NEOSHPP does not apply. In addition, the applicant is required to mitigate the loss of habitat at a 5.1 ratio. Response: The project biologist has determined that the project site is not part of a wildlife corndor This is because the site is located adjacent to existing development In addition, the azea of the site that could be used as a corndor, the Henderson Creek Channel is fenced, and southeast of the project is channehzed m a concrete channel Section 4 10, Biological Resources, includes a discussion of the project's relationship to the NEOSHPP. Its relationship is that it is within the boundaries of the NEOSHPP, but according to the mapping, is not identified as a site to be used as future open space preservation, and is not considered to be a biologically sensitive site. This is born out by the project biologist's findings in the field. The 5.1 ratio identified m this comment is a recommendation from the resource agencies to the County planning staff m response to comments on the proposed San Bernardino Countywide Multiple-species Habitat Conservation Plan (MSHCP), submitted m October 2000 To date, the MSHCP has not been adopted so is still a draft plan In the absence of an adopted plan, each development protect must go through the consultation process with CDFG and negotiate the ratio of habitat to be preserved, based on the quality of habitat found on a particulaz protect site For the proposed project, the project biologist has recommended a 1 1 ratio However, srnce no Upland sage scrub habitat was available, the project biologist, in conjunction with San Bemazdmo County Museum staff, including Mr Robert McKernan, determined that an 4/29/2004 1 ~_(~4 Henderson Creek Propetl~es Final EIR ' 1 ' approximately 58-acre site containing a mix of npanan and chaparral vegetation represented a far supenor habitat to be preserved, than what would be lost on the protect site To reiterate, previous responses, the RAFSS habitat located on the protect site, will not be disturbed by the proposed protect because it is ' located in the Flood Control easement where no protect development has been proposed Comment 6-46 This comment asks why the County OS Distnct Board (County Office of ' Special Distncts), being an adtacent property owner, has not received a copy of the Draft EIR ' Response• The County Office of Special Distncts was sent a copy of the Draft EIR for review The address and contact person are as follows Jeffrey Rigney Special Distnct Department CSA-70/OS-1 ' County of San Bernardino 157 W Fifth Street, 2"d Floor San Bernazdino, CA 924 1 5-0450 ' Comment 6-47: This comment provides a list of references and Lterature on the biological significance of the protect site and surrounding habitat area ' Response The list of references and Lterature will be made a part of the administrative record The Planning Commission and City Council will review the proposed ' protect including the environmental impact report and its findings, hold heanngs and take public testimony, and weigh all of the evidence, including wntten public comments received on the Draft EIR and lead agency responses, pnor to ' taking an action on the protect Comment 6-48: This comment states that the City plans to allow horses into the North EUwanda ' Preserve and that this should not be allowed Response. The concept of allowing equestnan use m the North Etiwanda Preserve area has ' not been formally proposed by the Crty of Rancho Cucamonga. As such, this concept is speculative and cannot adequately be addressed m the EIR for the Henderson Creek protect At such time as such a proposal is formalized, a ' separate environmental review would be conducted specific to that proposal ' Comment 6-49 This comment states that impacts to state and federal fisted species require full and complete mitigation and do not have provisions to be ovemdden by the City Council and that destroyed habitat must be replaced with like habitat ' Response: The protect site has been surveyed and was found not to contain any fisted or threatened species, and that the habitat found on-site pnor to the fire, that would ' be disturbed by the protect is not considered by the resource agencies to be ' Henderson Creek Pm pert~es Final EIR 10_95 4/29/2004 important Therefore, the replacement of the Upland sage scrub habitat to be lost with a higher quality of habitat (albeit a npanan/chaparral mix) is considered by the protect biologist and the County Museum staff, to be adequate The RAFSS habitat located on-site would not be disturbed by the proposed protect as it occurs m an area that would not be developed with residential lots, but would remain wrthm the Flood Control easement Comment 6-50 Thts comment states that the Draft EIR fails to adequately identify the cumulative impacts to biological resources Response As stated on page 5-6 of the Draft EIR, cumulative impacts to biological resources are mitigated through the purchase and set aside of habitat located in the NEOSHPP According to the NEOSHPP, it is not anticipated that the protect site will be used for future preservation However, the apphcant is still required to mitigate the loss of acreage The project would replace the loss of Upland sage scrub habitat (a vegetation type that is not considered to be as important as RAFSS) with a like amount of riparian and chapanal mix Based on the fact that the project site is not recognized as containing quality habitat and the fact that the apphcant has agreed to purchase acreage that contains better habitat than is currently found on-site, the protect would not contribute to significant cumulative impacts to biological resources Comment 6-51 This comment states that the Draft EIR fads to identify and quantify the protects approved by the City that have reduced biological resource levels to below significant levels Response The number of acres and locations where development protect have purchased mitigation land is ultimately between each developer and the resource agencies and is established during consultation between the two. Where the lands will be preserved and managed, and how many acres of mtttgation land would compensate for the loss, is established on a case-by-case basis depending on the quality of habitat lost to each development proposal As of December 2003, 2,559 acres of land m the NEOSHPP have been purchased and set aside, with an additional 429 acres m negotiation including the 58 acres proposed by the applcant This includes all development protects where the consultation has been completed, but does not likely include all of the projects fisted m Table 5- l,because many of these may still be in consultation Comment 6-52: This comment states that the Draft EIR fails to adequately identify and quantify the past direct and cumulative loss of blue-tine streams wrthm the pre- mcorporatton azea of the City Response The project site does not affect any blue tine streams. Comment 6-53: This comment states that the Draft EIR fails to identify and describe the approval process that will be done for the protect. 489/2004 10-96 Henderson Creek Properties Final EIR ' Response Please see pages 3-12 and 3-13 of the Draft EIR for a list of Required Agency Review, Permits and Approvals for the proposed protect ' Comment 6-54 This comment states that the Draft EIR fails to adequately identify and fully describe the delmeat~on of all the land, which the City plans to annex at the same time and/or m connection with the approvals for this instant protect The ' Draft EIR ~s deficient because rt fails to ~dent~fy all s~gmficant adverse impacts at this Ume ' Response: Please see page 3-1 of the Draft EIR, under Section 3 2 Local Setting, for a d~scuss~on of the four annexations being processed (including Henderson Creek) In addition, Figure 3-2 on page 3-3 of the Draft EIR shows the four protects m relation to each other Comment 6-55 This comment states that the Draft EIR fails to adequately identify and describe ' off-site and mdtrect impacts caused by the protect, including water supply, off- site water infrastructure, and edge effects to sensitive biological lands Impacts arising from construction of infrastructure must be fully analyzed 1 1 Ci Response Water supply issues are addressed on page 4.9-2 ~n Section 4.9 of the Draft EIR Infrastructure for the project's water supply rs currently available for the protect from a 12-inch main located m Wardman-Bullock Road In addition, the Cucamonga County (now Valley) Water D~stnct, the local water purveyor ~s planning to construct a water tank near the site to support growth m the azea. Edge effects associated with resrdential development adjacent to undeveloped land, can have adverse impacts to b~ologrcal resources. However, ttus project site abuts two powerhne easements (north and south of the project srte) that will act as buffers between the site, and undeveloped areas In add~t~on, a block wall wrll separate the project site from adjacent Flood Control land, mmim~zmg access of project residents to these open space azeas Comment 6-56 This comment states that the Draft EIR fails to adequately identify, quantify and describe impacts from the compazative developments from which prior (and relied upon) EIRs were based. The use of table and charts for this purpose is mandated by CEQA for companng tmpacts. Response- For the purposes of this comment, ~t ~s assumed that comparative developments are the same as cumulative developments or projects Table 5-I of the Draft EIR lists the cumulative projects identified for a reasonable radius around the project site m order to evaluate cumulative impacts In addition, Figure 5-1 shows the location of the proposed projects presented in Table 5-1 ' Henderson Creek Proprn~es Final EIR 1 ~_(~~ 4/29/2004 Comment 6-57. This comment states that the Draft EIR falls to adequately descnbe why the proposed protect is not mitigating each of the protect Impacts to below a level of significance Response As presented at the end of each Impact discussion in Sections 4 1 through 4-11, and again m Table 2-1 of the Summary Chapter (2 0), all Impacts Identified for the proposed protect can be mitigated to less than significant levels except for au-quality Impacts associated with constluchon which Is considered ashort- term, temporary Impact Comment 6-58. This comment states that the Draft EIR fails to adequately identify and analyze traffic impacts from the project and cumulative protects to regional roadways and highways. Response Section 4.2 of the Draft EIR contains a summary of the Traffic Study, which Is included m rts entirety m Appendix B of the Draft EIR Project specific impacts aze addressed as are Impacts from cumulative protects as required by the Clty and the San Bernazdmo Associated Governments (SANBAG) the agency responsible for admmistenng the County's Congestion Management Plan Comment 6-59: This comment states that full and complete mitigation is required Response A Mitigation Monitonng Program Is included m the Draft EIR m Chapter 9 0 As required by CEQA, the City must adopt the MMP when certifying the EIR for a protect. The MMP includes provisions for momtonng including frequency of monttonng or reporting, the method of venfication, and sanctions for non- compliance. Comment 6-60: This comment is a request to remain notified by the City regazdmg the project and any other proposals In the West Valley Foothills area. Response: The Sage Council will remain on the mailing list for projects wrthm the Clty of Rancho Cucamonga. However, please be advised that the City cannot be responsible for notification of projects outside its~unsdtction. 1 LJ 1 LJ 4/29/2004 10_98 Henderson Creek Properties Final EIR , ll t i 1 1 1 APPENDIX K DRAFT DEVELOPMENT AGREEMENT L' 1 1 1 1 1 u DEVELOPMENT AGREEMENT DRC2003-00751 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND HENDERSON CREEK PROPERTIES, LLC CONCERNING PROPOSED TENTATIVE TRACT 16324 This Agreement (the "Development Agreement") is made and entered into this _ day of 2004, by and between Henderson Creek Properties. LLC, a California limited liability company, and the City of Rancho Cucamonga, a municipal corporation (the "CITY") pursuant to the authority of Section 65864 through 65869 5 of the California Government Code Henderson Creek Properties, LLC, and its successors and assigns, if any, are referred to collectively hereinafter as the "Property Owner" The CITY and Henderson Creek Properties. LLC are collectively referred to herein as the "Parties" RECITALS: A To provide more certainty in the approval of development protects, to encourage private participation in comprehensive planning, and to reduce the economic nsk of development, the Legislature of the State of California has adopted Sections 65864, et seq of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or equitable interests in real property, in order to establish development nghts with respect thereto B Section 65865(b) of the California Government Code authorizes the CITY to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within the CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the period of time for annexation as speafied in the Development Agreement C Property Owner owns fee title to approximately 90 4 acres of real property ' located entirely within the County of San Bernardino (the "County") and more particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Protect Site") ' D On July 28, 2003, the City received an application for a Tentative Tract Map (SUBTT16324), a General Plan Amendment (DRC2003-00749), an Etiwanda North Speafic Plan Amendment (DRC2003-00750), along with this Development Agreement (DRC2003- ' 00751) and a request for Annexation of the proposed Protect An Environmental Impact Report has been prepared to address the potential environment impacts of the proposed protect and all discretionary actions anticipated by the CITY and the Local Agency Formation Commission ' E As set forth in Ordinance No _ adopted by the City Counal on (the "Enacting Ordinance"), the execution of this Development Agreement and performance of and compliance with the terms and conditions set forth herein by the Parties hereto (i) is in the best ' interest of the CITY, (n) will promote the public convenience, general welfare, and good land use practices in the CITY, (ui) wtll promote preservation of land values, (iv) wdl encourage the development of the Protect by providing a level of certainty to the Property Owner, and (v) will ' provide for orderly growth and development of the CITY consistent with the CITY's General Plan Development Agreement 1 Henderson Creek Properties, LLC 1 AGREEMENT. NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which us hereby acknowledged, the Parties agree as follows Section 1. GENERAL PROVISIONS A. Effectiveness of Development Agreement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shall only become operative and the rights and obligations of the Parties shall only arise upon the annexation of the Protect Site to the City, provided the annexation is final as to any and all administrative actions and is not then subtect to tudicial challenge, and further provided that such annexation shall occur on or before February 28, 2005 B. Term The term of this Development Agreement shall commence on the Effective Date and shall extend for a period of 10 years thereafter, unless this Development Agreement is terminated, modified or extended by arcumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extensions attributable to "force ma~eure" circumstances described in Section 2 D 4 hereof or by mutual written consent of the Parties Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect, provided, however, that such termination shall not affect any nght or duty arising from the project entitlements granted pnor to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses C. Assignment Subtect to the terms of this Development Agreement, Property Owner shall have the nght to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, "Transfer") the Protect Site, in whole or in part, to any person, partnership, toint venture, firm or corporation or other entity at any time dunng the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owner is in default, as defined in Section 3 C hereof, of any of the terms of this Development Agreement when the Transfer occurs If all or a portion of the Project Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Protect Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any portion of the Protect Site and not themselves in breach Development Agreement 2 Henderson Creek Properties, LLC 1 1 II 1 1 LJ 1 1 Ll 1 under this Development Agreement Any alleged breach shall be governed by the provisions of Section 3 C hereof In no event shall the reservation or dedication of a portion of the Project Site to a public agency cause a transfer of duties and obligations unless speafically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency Property owner shall notify the CITY not less than 30 days before any such transfer, and such notice shall contain all material information regarding the contemplated Transfer, including but not limited to the identity of the transferee, and the material terms of such contemplated Transfer including an Assignment and Assumption of Development Agreement as to the Transfer property ("Assumption") to be executed by Transferee and delivered to City upon Transfer Upon City notification as described above, delivered by Property Owner, subject to delivery at closing of the Assumptions, without any additional governmental review or action D. Amendment of Agreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868 Notwithstanding anything stated to the contrary in this Development Agreement, the parties may enter into one or more implementing agreements, as set forth below, to clarify the intended application or interpretation of this Development Agreement, without amending this Development Agreement Property Owner and the CITY acknowledge that the provisions of this Development Agreement regwre a close degree of cooperation between Property Owner and the CITY and that, in the course of the development of the Project Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, the Parties may do so through one or more implementing agreements (the "Implementing Agreement"), which shall be executed by the City Planner and by an authorized representative of Property Owner After execution, each Implementing Agreement shall be attached as an addendum and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary Such Implementing Agreement shall not regwre the approval of the City Counal of the CITY and shall only be executed by the City Planner (on Behalf of the CITY), if the City Planner has determined that such implementing agreements are not materially inconsistent with this Development Agreement, and applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution of this Development Agreement Any changes to this Development Agreement which would impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purport to change land use designations applicable to the Protect Site under the applicable Protect Entitlements, shall be considered "material" and shall require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868 Development Agreement 3 Henderson Creek Properties, LLC 0 Section 2. PLANNED DEVELOPMENT OF THE PROJECT ' A. Land Use and Proiect Entitlements , The Protect Entitlements are depicted on the Tentative Tract Map, Conceptual Grading Plan, and Conceptual Landscape Plan, attached hereto as Exhibits XX - XX Protect t Entitlements refers to the following material related to the approval of the Development Agreement (DRC2003-00751) and the Tentative Tract Map (SUBTT16324) all plans that constitute the approved protect, all Planning Commission and City Counal Resolutions of ' Approval including the assoeated conditions of approval, and all mitigation measures included in the Mitigation Monitonng and Reporting Plan and the Environmental Impact Report The Parties acknowledge that, without being obligated to do so, Property Owner plans to develop ' the Protect Site in substantial conformity with the Protect Entitlements as approved by this Development Agreement During the Term of this agreement, the permitted uses for the Protect, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed buildings, budding and yard setback regwrements, provisions for the , reservation or dedication of land, design and performance standards and other terms and conditions of development of the Protect constitute the Entitlements as approved by this Development Agreement The specific terms of this Development Agreement shall supersede ' and be controlling over any conflict and/or inconsistency with the Protect Entitlements The Parties acknowledge and agree that the total number of lots in the approved tract(s) total 123 lots The City agrees that partial final maps may be recorded for portions of the ' Protect Site in accordance with Government Code Section 66456 1 Other certain speafic modifications of the Protect Entitlements to which the Parties agree are set forth below All Exhibits attached hereto constitute material provisions of the Development Agreement, and are ' incorporated herein B. Rules and Regulations ' Pursuant to California Government Code Section 65856 and except as othervwse explietly provided in this Development Agreement, the ordinance, rules and regulations and ' offieal policies governing permitted uses of the Protect Site, the density and intensity of such uses, and design, improvement, and construction standards and speefie3tions applicable to development of the Protect, shall be the Protect Entitlements and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and official policies, but only to the extent that they are consistent with the Protect Entitlements, as modified and/or amended by this Development Agreement (the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and the Amencans with Disabilities Act ("ADA") standards ' shall be followed, and the landscape standards applicable shall be those speefied in this Development Agreement, and/or the CITY's standards IN the event of any conflict between the CITY's ordinances, rules, regulations and offieal pollees and the Existing Laws, then the ' Existing Laws shall control The CITY shall not be prevented in subsequent actions applicable to the Protect, from applying new ordinances, rules regulations, and policies in effect ("Future Policies") to the extent that they do not conflict with the Existing Laws Such conflict shall be deemed to occur if, without limitation, such Future Pollees 1 modify the permitted types of land uses, the density or intensity of use, the ' maximum height or size of proposed bwldings on the property, budding and yard setback regwrements, or impose regwrements for the construction or provisions of on-site or offsite improvements or the reservation or dedication of land for public use, or the payment of fees or ' Development Agreement 4 Henderson Creek Properties, LLC ' the imposition of extractions, other than as are in each case speafically provided for m this Development Agreement, ' 2 prevent the Property Owner from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such circumstances as the Property ' Owner would otherwise be entitled under this Development Agreement, 3 render any conforming use of the Protect Site anon-conforming use or any ' structure on the Protect Site anon-conforming structure C. Design and Infrastructure Issues ' 1 Street Sections (i) The CITY desires that Wardman-Bullock Road be designed in accordance with CITY Collector Street standards, as depicted m the Etiwanda North Specific Plan Exhibit 13(E) ~'~ (u) The CITY desires that Colonbero Road be designed in accordance with CITY Local Street standards, as depicted in the Et~wanda North Specific Plan Exhibit 13(F) 2 Drv Utilities The Protect Entitlements do not require that Burd vaults be installed and the CITY and Property Owner agree that no Burd vaults will be regwred throughout the Protect Site 3 Grading The Grading Plan, included in the Protect Entitlements, shall conform to the Design Gwdelines of the Etiwanda North Specific Plan However, with an average slope across the site of less than 7%, the Protect is exempt from the CITY Hillside Development Regulations of the Development Code 4 Circulation Issues and Fees 1 C a Transportation Feelfraffic Impact Analvsis The Property Owner shall construct circulation improvements as depicted on Exhibit XX In addition, the Property Owner shall comply with Transportation Development Fees m accordance with CITY ordinance The Property Owner shall receive credit against, or reimbursement of costs, in excess of the Transportation Development Fee for the "backbone" improvements as described herein, inc conformance with CITY policy b Other Circulation Improvements The Property Owner shall design and construct the following improvements (i) Wardman-Bullock Road along the protect frontage at its ultimate half section width (66 foot nght-of-way) Development Agreement 5 Henderson Creek Properties, LLC L (n) The west side of Wardman-Bullock Road from Wilson Avenue to the south protect boundary Improvements shall include curb and gutter, A C pavement and 5800 Lumens HPSV street lights ADDRESSED BELOW in SECTION 2 12 Reimbursement Agreement The City agrees that the construction of the Wardman-Bullock Road improvements will benefit other property owners and developers in the vianity of the Protect Site The City agrees to use its best efforts to condition benefited protects or otherwise seek to obtain fair share contributions from surrounding property owners and developers for the construction of Wardman-Bullock Road and agrees to reimburse the Property Owner to the extent fair share contributions are collected from other property owners for the cost of construction of Wardman-Bullock Road in accordance with the provisions of Section 2 I, below The obligations hereunder shall survive the termination of this Agreement and shall continue until such time as the Property Owner has received payment in full for the cost of the construction of Wardman-Bullock Road, provided, however, that the City's obligation shall be limited to the extent the City can collect such funds 5 Storm Drains (i) Improvements to the Henderson Creek Levee are being completed under the direction of the San Bernardino County Flood Control District These improvements must be completed pnor to occupancy of homes in the affected area (n) The site is located within Area 13 of the Etiwanda/San Sevaine Drainage Plan, applicable fees and construction regwrements shall apply Park Fee/Equestrian Fee/Beautification Fee The Property Owner shall pay the following fees a Property Owner will pay CITY a sum totaling $95,000 000 (based upon $1,000 per unit for the ninety-five lots which do not conform to equestrian standards) for equestrian purposes The sum will be paid from CFD formation and funding, prior to recording of the first final map and shall be reserved by the City for the construction and subsequent capital maintenance costs associated with the development of an equestrian enclosed arena complex in the Etiwanda North area b The Property shall pay the CITY a sum totaling $ 738,000 for park purposes (based upon a value of $ 6~ per dwelling urnt) The sum shall be paid from CFD formation and funding, pnor to recording of the first final map c In exchange for the construction of the landscaping improvements on the east side of Wardman-Bullock Road, adtacent to the Henderson Creek Channel improvements, the Property Owners shall not be regwred to pay CITY Beautification Fee of $0 20 per square foot for residential construction Development Agreement 6 Henderson Creek Properties, LLC L 1 L 1 1 t. l 1 7 Development Standards a The protect shall be developed in accordance with the CITY's Low- Density Residential District of the Etiwanda North Specific Plan The protect entitlements include 123 housing units Design Review Process The Protect, and all subsequent applications for residential development, shall be subtect to the CITY Development/Design Review process Architectural Guidelines The Protect, and all subsequent applications for residential development, shall be subtect to the Architectural Gwdelines of the Etiwanda North Speafic Plan 10 Open Space Transfer Plan C L The Property Owner shall transfer to the County of San Bernardino Special Districts OS-1 or other qualified conservation entity approved by the City, in fee, a minimum of 54-acres of off-site land for permanent open space and habitat preservation, along with funding in an amount to be mutually agreed upon by the Property Owner and the conservation entity, to provide for long-term maintenance of said land The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the CITY Planner The transfer and funding shall occur prior to recording of the first final map of the Protect D. Timing of Develoament and Fees Development of the Perimeter Landscaping and the Etiwanda North Speafic Plan Neighborhood Monumentation All regwred perimeter landscaping shall be completed prior to the release of occupancy of the 75th dwelling within the protect 2 Development of the Remainder of the Site Neither the property owner nor CITY can presently predict when or the rate at which phases of the protect shall be developed, since such decisions depend on numerous factors which are not within the control of the Property Owner including, without limitation, market orientation and demand, interest rates, absorption, competition and other factors The parties acknowledge and agree that Property Owner retains flexibility under this Development Agreement to develop the Protect in such order and at such rate and times as are appropriate within the exerase of the Property Owner's business tudgment The CITY further acknowledges that Property Owner may desire to market, sell, or otherwise arrange for disposition of some or all of the Protect Site, prior to development, and that the rate at which the Protect develops will likely depend upon the business tudgment of subsequent owners of the Protect Site Development Agreement 7 Henderson Creek Properties, LLC CITY's Cooperation CITY shall use good faith, diligent efforts to promptly process and take final action on any applications for permits or approvals filed by Property Owner with respect to the Protect Such cooperation shall include, without limitation, (a) using good faith, diligent efforts to process subsequent Development/Design Review in accordance with state regulations, and (b) promptly processing all ministenal permits in accordance with Section 2 H below Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Protect Site or the extent thereof, shall be deemed to conflict with Property Owner's vested rights to develop the Protect under this Development Agreement and shall, to that extent, not apply to the development of the Protect Processing and review of development proposals shall be subiect to established procedures in effect in the entire CITY, including Development and Design Review, as specfied in the Existing Laws However, the critena used in the evaluation of each development proposal shall be based on the obtectives, polices and speafic development standards specified herein 4 Force Maieure Notwithstanding anything to the contrary contained in the Development Agreement, Property Owner and CITY shall be excused from performance of their obligations under this Development Agreement during any period of delay caused by acts of God or evil commotion, Hots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the Property Owner, as applicable The time of performance of such obligations as well as the term of this Development agreement shall automatically be extended by the period of such delay hereunder E. Future Entitlements With respect to any entitlements that Property Owner may require in the future, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and Development/Design Review, the CITY shall retain its discretionary review authonty and the CITY's applicable ordinances, rules, regulations and offical polices However, any such discretionary review shall be expressly subtect to the provisions of this Development Agreement and the CITY may only impose conditions upon such discretionary entitlements which are consistent with the Protect Entitlements as approved by this Development Agreement, except as otherwise specfically regwred by state or federal law F. Environmental Review Other than the mitigation measures and conditions of approval set forth in the EIR and the Protect Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Protect, as presently approved and as evaluated in the EIR, shall be regwred In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2 E above), which is subiect to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without regwring new or supplemental Development Agreement 8 Henderson Creek Properties, LLC ' environmental documentation In the event CEQA requires any additional environmental review, the CITY may impose additional feasible measures (or conditions) to mitigate, as ' regwred by CEQA, the adverse environmental impacts of such future entitlements, which were not considered, and could not have been considered, at the time of approval of the Protect ' G. CITY Fees and Mandates by State and Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially ' be imposed by the CITY on the Protect and Property Owner (collectively "fees") fall within on of three categories (a) fees for processing land use and construction permit applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but which ' are subtect to the limitations set forth in Sections 66013, 66014, and 66016-66018 5 of the Government Code) (collectively, the "Processing Fees"), (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this ' Development Agreement and which purport to defray all or a portion of the cost of impacts to certain public factlities, improvements and other amenities from the development protects, including any fees described in Government Code Sections 66000 et seq (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or ' other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories), and (c) fees or other monetary exactions which may be imposed in the future by the CITY for purposes of defraying all or a portion of the ' cost of public factlities, improvements, or amenties related to development protects, but excluding the Existing Fee Categories ("Other Fees") The Property Owner's obligation to pay Fees shall be speafically governed by the following provisions 1 Processing Fees The CITY may charge Planning and Engineering Plan Check and Permit Fees and Bwlding Permit Fees which are in force and effect on a CITY-wide basis at the time of Property Owner's application for a land use entitlement or a construction permit The amount of any Processing Fees shall be determined by the CITY in accordance with all applicable laws, including, without limitation, Government Code Sections 66013, 66014, and 66017-66018 5 (or any successor laws, as applicable) Unless otherwise agreed by Property ' Owner and the CITY, the Processing Fees assessed Property Owner shall be the same as those imposed upon other development protects throughout the turisdictional limits of the CITY ' 2 Existing Fees In consideration of the development of the Protect Site as set forth in this Development Agreement, and the positive fiscal impact of the Protect on the City, the City agrees that neither the Property Owner, nor the Protect shall be subtect to any increase in the Existing Fees or to any additional City imposed fees, impositions or monetary exactions with respect to the Existing Fee categories for a period of five (5) years following the effective date of this Development Agreement ' 3 Other Fees In consideration of the Property Owner's Agreement to modify the Protect Entitlements as specifically set forth in this Development Agreement and implement the timing of development in accordance with the terms set forth above, no Other Fees shall be imposed upon the Property Owner or the Protect during the applicable Fee Limitation Period, except as may be specifically regwred to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate environmental ' impacts of the protect in accordance with 2 G above Development Agreement 9 Henderson Creek Properties, LLC 1 4 Fiscal Impact Analysis CITY does not regwre Property Owners or the Protect to complete a fiscal impact analysis for application or issuance of any approvals or permits that CITY might issue under this Development Agreement H. Non-discretionary Permits The Parties acknowledge that in the course of implementing the Protect, Property Owner will, from time to time, apply to the CITY for vanous ministerial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, construction permits, certificates of occupancy and permits regwred to connect the Protect to utility systems under the CITY's tunsdiction (collectively the "Non-Discretionary Permits") Property Owner shall have the nght to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Polices under Section 2 B, above) The CITY shall issue to Property Owner, upon such applications, all regwred Non- Discretionary Permits, subtect only to compliance with the terms of this Development Agreement, the CITY's usual and customary fees and charges for such applications and Non- Discretionary Permits (subtect to the provisions of Section 2 G above) and the terms and conditions of the applicable permit application The CITY further agrees that upon its approval of any plans, specfications, design drawings, maps, or other submittals of Property Owner in contunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals and consents required from the CITY to implement the Protect which are consistent with and further implement such Approved Plans, shall be processed and approved by the CITY in accordance with this Development Agreement Cooaeration 1 Cooperation with Other Public Agences The CITY acknowledges that the Property Owner may apply from time to time for permits and approvals as may be regwred by other governmental or quasi-governmental agences hawng jurisdiction over the Project, in contunction with the development of or provision of services to the Protect, including, without limitation, approvals in connection with the developing and implementing a tertiary water system, potential transportation improvements and other on-site and off-site infrastructure The CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agences (including without limitation, the Cucamonga Valley Water District, and the Inland Empire Utilities Agency), and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals 2 Construction of Off-Site Improvements To the extent that Property Owner is regwred to construct any off-site improvements as a condition of developing the Protect, the Property Owner shall make good faith efforts to acquire any off-site property interests regwred to construct such public improvements If Property Owner fads to do so, Property Owner shall, at least 120 days prior to submittal of the first final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Section 66462 and 66462.5 at such time as the CITY decides to acquire the property interests regwred for the public improvements Such agreement shall provide for payment by Property Owner of all costs incurred by the City to acquire the off-site property interests regwred in connection with the subdivision Secunty for a portion of those costs shall be in the form of a cash deposit in the amount stated in an appraisal report obtained at Property Owner's cost The appraiser shall have been approved by the CITY prior to commencement of the appraisal To the extent that such off-site improvements, or the construction of any substantial infrastructure on-site, substantially benefit other property owners or other portions of the turisdiction of limits of the Development Agreement 10 Henderson Creek Properties, LLC 1 C 1 Il 1 1 1 CITY, the CITY agrees to assist Property Owner to the fullest extent possible in obtaining reimbursement or other fair share contribution by such other benefited property owners Such assistance may include, without limitation, conditioning the approval of development projects proposed by such benefited property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction cost of such improvements Without limiting the generality of the foregoing, the CITY agrees with respect to the infrastructure improvements which are adtacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owner or City, as the case may be, for construction and related costs incurred in providing such improvements to the extent legally permissible 3 Public Financing The Parties hereby acknowledge that substantial public improvements must be funded in order to contribute to the Park Fee and Equestrian and School Fees and the remainder of the Project Site and that public financing of a substantial portion of these improvements wdl be critical to the economic viability of the Protect Subiect to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and regwrements, the CITY agrees to cooperate with and assist Property Owner to the fullest extent possible in developing and implementing a public financng plan for the construction of the public infrastructure improvements The implementation of such plan may include, without limitation, the formation of one or more assessment districts, or Mello-Roos community facilities districts, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan J. Creation of the Landscape and Street Lighting Maintenance Distract The CITY agrees to promptly annex the Protect Site to an existing Landscaping and Lighting Maintenance District (LMD) or form the necessary LMD pursuant to California Streets and Highways Code Sections 22500 et seq (the "Landscape and Lighting Act of 1972") for the Protect development to encompass the Protect Site as well as the area being annexed by the CITY In addition, the Property shall annex to the existing Street Lighting Districts The Property Owner shall pay for the annexation or formation of the LMDs The Parties agree that annexation to the LMD or the formation of a new LMDs must be accomplished no later than recordation of the final tract map and that the CITY may create LMDs, which allow annexation of other areas In addition, if outside agencies, upon their review and approval of various components of the project, impose any non-standard improvements that requre extraordinary maintenance responsibilities of the CITY, the CITY may impose the creation of additional maintenance distracts upon the proposed development Upon forination of the LMD, and acceptance of the improvements by the City Counal, the CITY (through the LMD) shall assume full responsibility for the maintenance, repair, and replacement of the improvements to be maintained by the LMD pursuant to the LMD's governing documents The Parties also acknowledge that assessments for the LMDs are collected annually in June, and to the extent that assessments are collected through the LMD for the period ending June 200X, the City may request, and the Property Owner agrees to provide, a reasonable cash deposit to fund the LMD The CITY shall promptly upon receipt of assessments the following June, reimburse Property Owner for any such cash advances to fund the LMDs Development Agreement 11 Henderson Creek Properties, LLC 1 Section 3. ANNUAL REVIEW A. Good Faith Compliance Pursuant to California Government Code Section 65866 1, the CITY shall once every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Property Owner with the terms of this Development Agreement, provided, however, that it is intended that this review shall apply to the Protect Site as a whole, as opposed to each individual property owner who may own a parcel composing the Protect Site In connection with such annual review, Property Owner shall provide such information as may reasonably be requested by the CITY in order to determine whether any provisions of this Agreement have been breached by Property Owner If at any time poor to the review penod there is an issue concerning a Property Owner's compliance with the terms of this Development Agreement, the provisions of this Section 3 shall apply B. Certificate of Compliance If Property Owner is found to be in compliance with this Development Agreement after annual review, the City Planner shall, upon wntten request by Property Owner, issue a certificate of compliance ("Certificate of Compliance") to Property Owner stating that, based upon information known to the CITY, the Development Agreement remains in effect and Property Owner is not in default The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive record of notice of compliance Property Owner may record the Certificate of Compliance in the Offiaal Records of the County of San Bernardino C. Finding of Default If, upon completion of the annual review, the City Planner intends to find that Property Owner has not complied in good faith with the material terms of this Agreement (a "Default"), he shall first give wntten notice of such effect to the Property Owner The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concerning Property Owner's compliance with the terms of this Development Agreement as the CITY may possess and which is relevant to determining Property Owner's performance under this Development Agreement The notice shall specify in detail the grounds and all facts allegedly demonstrating such noncompliance, so Property Owner may address the issues raised on a point-by-point basis Property Owner shall have twenty (20) days after its receipt of such notice to file a written response with the City Planner Within 10 days after the expiration of such 20-day response penod, the City Planner shall notify Property Owner whether he has determined that Property Owner is in Default under this Development Agreement ("Notice of Default") Such Notice of Default shall specify the instances in which the Property Owner has allegedly failed to comply with this Development Agreement and the terms under which compliance can be obtained The Notice of Default shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of the Notice of Default, and which shall be reasonably related to the time necessary to bang Property Owner's performance into good faith compliance D. Right to Appeal Upon receipt of the Notice of Default, the Property Owner may appeal the City Planner's deasion directly to the City Council Such appeal shall be initiated by filing a written notice of Development Agreement 12 Henderson Creek Properties, LLC 1 u 1 1 1 1 u LJ 1 ' appeal with the City Clerk within the (10) calendar days following the Property Owner's receipt of the Notice of Default The hearing on such appeal shall be scheduled in accordance with ' Section 17 02 080 of the CITY Development Code At the hearing, Property Owner shall be entitled to submit evidence and to address all the issues raised by the Notice of Default If, after considering all the evidence presented at the hearing, the City Councl finds and determines on ' the basis of substantial evidence the Property Owner is in Default, then the City Councl shall speafy in writing to Property Owner the instances in which the Property Owner has faded to comply and the terms under which compliance can be obtained, and shall also speafy a ' reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and which shall be reasonably related to the time necessary to bang Property Owner's performance into good faith ' compliance E. Property Owner's Cure Rights ' If Property Owner is in Default under this Development Agreement, it shall have a reasonable penod of time to cure such Default before action is taken by the CITY to terminate this Development Agreement or to otherwise amend or limit Property Owner's rights under this ' Development Agreement or to otherwise amend or limit Property Owner's rights under this Development Agreement In no event shall such cure penod be less than the time set forth in the finding of Default made under Sections 3 C or 3 D above (as applicable) or less than the ' time reasonably necessary to cure such Default Any such cure penod shall be extended by force mateure circumstances described in Section 2 D 5 above ' Section 4. ENFORCEMENT A. Enforcement by Either Partv ' Subtect to all regwrements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the parties B. Cumulative Remedies In addition to any other rights or remedies, any of the Parties may institute legal action to ' cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to entom any threatened or attempted violation, including scats for declaratory relief, speafic performance, and relief in the nature of mandamus All of the remedies described above shall be cumulative and not exclusive of one another, and the exerase of any one or more of the remedies shall not ' constitute a waiver or election with respect to any other available remedy The provisions of this Section 4 B are not intended to modify other provisions of the Development Agreement and are not intended to provide additional remedies not otherwise permitted by law ' C. Attorney's Fees In any legal proceedings brought by either party to enforce any covenant or any of the ' Parties' rights or remedies under this Development Agreement including, without limitation, any ' with such action Any such attorneys' fees and other expenses incurred by either of the Parties Development Agreement 13 Henderson Creek Properties, LLC action for declaratory or egwtable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection in enforcing a judgment in its favor under this Development Agreement, shall be recoverable separately from and in addition to any other amount included in this tudgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such judgment Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subject to the provisions of Section 1 C above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the Parties, and their successors and assigns Insofar as this Development Agreement refers to Property Owner, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owner" shall refer to any such successor or assign B. Project as a Private Undertaking It is speafically understood and agreed by and between the Parties that the Protect is a private development, that neither party is acting as the agent of the other in any respect under this Development Agreement, and that each of the Parties is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement No partnership, joint venture or other assoaation of any kind is formed by this Development Agreement The only relationship between the CITY and Property Owner is that of a government entity regulating the development of private property and the owner of such private property C. Captions The captions of this Development Agreement are for convenience and and shall in no way define, explain, modify, construe, limit, amplify or aid in the construction or meaning of any of the provisions of this Development Agreement D. Mortgage Protection 1 1 reference only ' interpretation, 1 Discretion to Encumber This Development Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Project or any portion of the Protect or any improvements on the Protect, by any mortgage, deed of trust or other security device securing financing with respect to all or any part of the Protect or any improvements thereon (a "Mortgage") 2 Effect of Default This Development Agreement shall be superior and senior to any mortgage subsequently placed upon the property, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith for value 3 Mortgagee Not Obligated Notwdhstanding anything in this Development Agreement to the contrary, (a) any holder of the benefiaal interest under a Mortgage ("Mortgagee") may acgwre to or possession of all or any portion of the Protect or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by tudicial or non-judicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not Development Agreement 14 Henderson Creek Properties, LLC 1 t 1 1 L 1 have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagee may, after acgwring title to all or any portion of the Protect as aforesaid, assign or otherwise transfer the Protect or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to the CITY and the assumption by the assignee or transferee of the obligations of the Property Owner with respect to the Property Owner or portion thereof so acqured which arise or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Protect or portion thereof so assigned or transferred, and (b) the consent of CITY shall not be regwred for the acquisition of all or any portion of the Protect by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Protect or such portion thereof, be deemed to have assumed all obligations of Property Owner with respect to the Protect or portion thereof so acquired which arise or accrue subsequent to the purchase date, but such purchaser shall not be responsible for any prior defaults of Property Owner, provided, however, that in either of the instances referred to in clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to granting of a speafic benefit or to the performance of a specific covenant by CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder 4 Notice of Default to Mortoaoee Rioht of Mortoaoee to Cure If a Mortgagee files with the CITY Clerk, a written notice requesting a copy of any Notice of Default given Property Owner under this Development Agreement and specifying the address for delivery thereof, the CITY shall deliver to such Mortgagee, concurzently with delivery thereof to Property Owner, any notice given to Property Owner with respect to any claim of the CITY that Property Owner has not complied with the terms of this Development Agreement or is othewwse in Default under this Development Agreement Each such Mortgagee shall have the right (but not the obligation) for a penod of thirty (30) days after the expiration of any cure period given to Property Owner with respect to such Default, to cure such default, provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day penod, then such Mortgagee shall have such additional time as may be necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thirty (30) day period, and thereafter diligently pursues and completes such remedy or cure Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default such Mortgagee shall, within such thirty (30) day period, commences efforts to obtain possession and carry the same forward with diligence and continwty through implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure penod specified in Section 3 E above 5 Bankruotcv Notwithstanding the provisions of Section 5 D 4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Protect Site by any process or infunction issued by any court or by any reason of any action by any court having funsdiction of any bankruptcy or insolvency proceeding involving Property Owner, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continwty to obtain possession of the Property during the period of such prohibition of Mortgagee is proceeding diligently to terminate such prohibition Development Agreement 15 Henderson Creek Properties, LLC 1 6 Amendment to Development Agreement The CITY and Property Owner agree not to modify this Development Agreement or to allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the prior written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed Notwithstanding anything stated above to the contrary, the CITY and Property Owner shall cooperate in including in this Development Agreement, by swtable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement The CITY and Property Owner each agree to execute and deliver (acknowledge, if necessary for recording purposes) any implementing agreement necessary to effect such request, provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under this Development Agreement or be materially inconsistent with the substantive provisions of this Development Agreement, the Protect Entitlements and the Existing Laws E. Consent Where the consent or approval of any of the Parties is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld F. Entire Agreement This Development Agreement and the Development Agreement constitute the entire subtect matter of this Development Agreement G. Further Actions and Entitlements 1 documents attached to and referred to in this , agreement between Parties with respect to the Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement H. Governing Law This Development Agreement including, without limitation, its existence, validity, construction and operation, and the rights of each of the Parties shall be determined in accordance with the laws of the State of California Recording The CITY Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bernardino no later than ten (10) days following the effective date of this Development Agreement Development Agreement 16 Henderson Creek Properties, LLC 1 ' J. Time ' Time is of the essence in this Development Agreement and of each and every term and condition of this Development Agreement ' K. Waiver The failure of any of the Parties at any time to seek redress for any violation of this ' Development Agreement or any applicable law or regulation or to insist upon the stnct performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of or default under this ' Development Agreement from having all the force and effect of an onginal breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement No provision of this Development Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by any of the Parties L. Partiallnvalidity ' If any term, covenant, condition or provision of this Development Agreement is held by a court of competent tunsdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall in no ' way be affected, impaired or invalidated thereby M. Notices ' All notices between the CITY and Property Owner and any transferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mail or facsimile Notice by personal delivery or facsimile shall be deemed effective upon delivery of ' such notice to the party for which it is intended at the address set forth below (or, in the case of a transferee in a written notice to the CITY) Notice by mad shall be deemed effective upon receipt or refection of the addressee The Parties' current address are as follows To CITY Mr Jack Lam, AICP City Manager City of Rancho Cucamonga 10500 Civic Center Dnve Rancho Cucamonga CA 91730 ' With Copies to Mr James Markman City Attorney Richards, Watson, & Gershon ' One Ciwc Center Circle Brea CA 92821 ' To Property Owner Henderson Creek Properties, LLC 16337 Shadbush Street Fountain Valley, CA 92708 1 Development Agreement 17 Henderson Creek Properties, LLC 1 With Copies to Manatt, Phelps & Phillips ' 650 Town Center, Swte 1250 Costa Mesa, CA 92626 , Attn Roger A Grable Either Party may change its mailing address or the person to whom notices are to be ' sent at any time by giving written notice of such change to the other Parties in the manner provided above N. Indemnification Property Owner hereby agrees to indemnify, defend, and hold harmless the CITY and its Counal members, representatives, agents, officers, attorneys, and employees (the "Indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement, the Project Entitlements or both IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year first above written CITY OF RANCHO CUCAMONGA By Mayor PROPERTY OWNER By NAME TITLE ATTESTED TO City Clerk APPROVED AS TO FORM City Attorney Attorney's for Property Owner 1 1 1 1 1 Development Agreement 18 Henderson Creek Properties, LLC 1 C ' CITY OF RANCHO CUCAMONGA ' ENGINEERING DIVISION Pro)ect No SUBTT16324 (Rev. 4/29) PROJECT RECOMMENDED CONDITIONS Type 116 SFR's Related Projects: DRC2003-00749,750,751 & 753 Location WS/O Wardman Bullock ' NS/O Wilson Avenue To Planning Division Larrv Henderson APN 226-082-09.10,29 225-084-04 ' X Preliminary TRC 1-20-04 By Willie Valbuena Ckd X Final PC Meeting 5-12-04 By Willie Valbuena Ckd X Yes _ No, Acceptable for Planning Commission - If No, see COMMENTS below ' A STANDARD CONDITIONS -See pages 13-18, following the Speaal Conditions ' B COMMENTS -The following items shall be corrected/completed, submitted to, reviewed and approved by staff prior to scheduling the pro)ect for a Planning Commission hearing Copies of regwred easement/nght-of-way documents, ' including legal descriptions, shall be submitted for review prior to obtaining final signatures The review period for the above wdl generally be a minimum of two weeks or longer depending upon the adequacy and complexity of the submittal ' 1 None C SPECIAL CONDITIONS 1 Wardman Bullock Road improvements shall be in accordance with City ' "Collector" standards including curbs and gutters, a c pavement, 5800 Lumens HPSV street lights, sidewalk, street trees, traffic signs and striping a The centerline curve radu and tangent design on Wardman Bullock Road shall be per City Street Design Policy b Prowde R26(s) "No Stopping" signs along Wardman Bullock Road ' frontage 2 Colonbero Road improvements shall be in accordance with City "Local Street" ' standards including curbs and gutters, a c pavement, 5800 Lumens HPSV street lights, sidewalk, access ramps, street trees, traffic signs and striping ' 3 Internal street improvements shall be in accordance with City "Local Street" standards including curbs and gutters, a c pavement, 5800 Lumens HPSV street lights, sidewalk, drive approaches, access ramps, street trees, traffic signs and ' striping a All cul-de-sacs shall conform to City Standards 1 ' 1 of 2 1 Street "D" shall be extended to the southerly boundary and will be a stub street In the event San Bernardino County Flood Control District obtains the parcel south of this development, the proposed knuckle at Streets "D" and "A" will be acceptable 4 Complete the westerly portion of Wardman Bullock Road using "Collector Street" standards from Wilson Avenue to the south project boundary Improvements shall include curb and gutter, a c pavement and 5800 Lumens HPSV street lights The developer may request a reimbursement agreement to recover the cost of permanent offsite improvements from future development of the adtacent property If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all nghts of the developer to reimbursement shall terminate a Obtain the ultimate nght-of-way dedication from adtacent property owners west of Wardman Bullock Road from the south property boundary to Wilson Avenue 5 The site is located within Area 13 of the attached Etiwanda/San Sevaine Area Drainage Policy The applicable fees and construction requirements are contained therein 6 Lots "A" and "B" shall be dedicated to the City for landscape purposes A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of bwlding permits, whichever occurs first 7 Provide a Water Quality Management Plan (WQMP), to the satisfaction of the City Engineer, and identify applicable Best Management Practices (BMPs) on the grading plan 8 The drainage facilities along the north tract boundary shall be designed to 0100- year storm frequency with 100 percent bulking The drainage facilities shall be hard lined channels to City Standards Provide 15-foot wide access road, 3" A C /4" A B ,along the southerly side of the drainage faalities with a turn around area at the end The offsite discharge of all drainage facilities is subject to approval of underlying fee owner and/or San Bernardino County Flood Control Distract 9 The trail shown on the tentative tract map shall be a private local feeder trail 2of2 1 ~~ 1 Douglas Doepke, Ph.D. secretary, The Habitat Trust for W~idla~e, Trrc. 30 North I~ayruouci ~4venue, Suite 303 Pasadena, CA ~.i 303 May 12, 2004 City of Rancho Cucamonga Planning Commrssron c/o Larry Henderson 10500 Civic Center Drtve Rancho Cucamonga, CA 91730 Re Comments for Mav 12, 2004 Plamm~g Commtsston Meetme / HeannQ Items G, H, I, J, J, K, L, M N, P & O Rtchland Pmehurst (Items G, H, M), and Amendments to Ctty's General and Eriwanda North Specific Plan (Items P, Q) To the Chair and Members of the City of Rancho Cucamonga Planning Commission: The Habitat Trust for Wildlife is a 501 c3 tax exempt nonprofit land trust dedicated to "Grvmg Nature Sanctuary "The Habitat Trust for Wtldhfe (The Habttat Trust or THT) currently holds to fee title three parcels of over 300-acres to the tmmedtate north and northeast of the North Ettwanda Habitat Preserve Our orgamaatton has previously made and continues to make comments to the City and flits Commission on the above matters, and has previously made comments on the Rtchland-Pmehurstpro~ectthrough our legal counsel and representative, Crag Sherman, who spoke at a previous heanng Please constder our comments and concerns below to assoctatton to any actton on the May 12, 2004 agenda About THE HABITAT TRUST FOR WILDLIFE. INC. The Habitat Trust was created by an out of court settlement wtth Sptnt of the Sage Council (Sage Counctl) over hhgatton of the Rancho Ehwanda and Rancho Ettwanda Estates development projects and the City of Rancho Cucamonga (C~ty) The three Nature Sanctuary parcels that we hold and manage are mtttgatton lands from the two protects The Habttat Trust is a Cahfomta nonprofit corporatton and a federal SOlc3 nonprofit We are also a member of the Land Trust Alliance www LTA orQ S'- L, ~/ The Habitat Trust ~s interested and w~llmg to accept the mitigation lands of the Henderson Creek, Richland Pmehwst development projects, and others, m fee title for habitat conservation pwposes with adequate funding for management It is our understanding that the County's Open Space Dismct has also offered to accept the mitigation lands and requues habitat management funds greater than what The Habitat Trust has assessed Management funding is extremely important to The Habitat Trust We are a small land trust that keeps ow overhead costs to a minimum m the administration of our Nature Sanctuanes Our greatest costs are that of consultants, independent contractors and legal representation Through our membership and dues with the Land Trust Alliance, we receive property mswance In addmon, we are billed by the County Assessor for associated taxes Multiply these costs by years of future conservation, one can see that management funding and endowments are needed The Habitat Trust ~s currently requiring that management funds and/or endowments be granted commensurate and relation to the number of residential units to be built rather than acres to be developed inconsideration of unauthorized human related impacts on the Nature Sanctuanes We believe that The Habitat Trust ~s the best entity to select that is truly deducted to the conservation of imperiled habitats and wildlife Comments Pertainine to Matters on the Mav 12, 2004 A¢enda of the Plannine Commission 1 he Habitat Trust appreciates the proactive steps that the developer for Ruhland- Pmehurst Properties and its representatives, including John Schafer, have taken to ow address some of our concerns and those made by the other mvolvedoon-profit organization, Spmt of the Sage Council While we believe that many of the impacts and mitigation measures are serving to make this project a better and less-impacting one, we stand by those pnor comments and continue to generally oppose development which • Is utilizing, swapping, trading and/or developing County Flood Control Dismct lands These lands were deemed ntigation and open space areas during pnor County and Army Corps flood control protects • Do not mmgate raze and d~mimshmg sage scrub habitats to a level of less than s~gmficant, including Rivers~dean/Alluvial Fan Sage Scrub Habitats at mitigation ratios greater than a 2 I ratio, and closer to 5 1 replacement ratios for AFSS/RAFFS and RUSS • Does not adequately buffer home and other structures from known and active earthquake faults, flood plains and wildfire hazards • Promotes and encourages equestrian uses and trail development into areas near and adjacent to the North Etiwanda Habitat Preserve and THT Natwe Sanctuanes • Lead to greater extraction of water resources from local watersheds and habitats for residential development and human consumption ~;>>thout being adequately mitigated • Changes, reduces or amends the environmental protection and open space standards set forth m the 1992 Et~wanda North Specific Plan through reduced lot size and increased density without mitigating the impacts on the environment -water, air, traffic, habitat loss and impacts by human disturbances and equestnans The Habitat Trust, by approval of this Protect and Plan Amendments, is faced with greater management problems of our current and future Nature Sanctuanes m the North Etiwanda area More residential units equal more people Without City and County Ordinances m place to place legal penalties on trespassers, shooters, off-road vehicles, equestnans off trails, pets off leash and feral animals, The Habitat Trust and conservation of habitat sanctuanes are threatened by this development More people also consume more water, effecting our Nature Sanctuanes m Etiwanda and Henderson Canyons The City must revised the ENSP EIR and place conditions on Protect approvals to address these negative impacts We appreciate the continued efforts made this between these and other developers, this Commission and the City overall to continue to address these issues and concerns Please direct al] communications to either the Law Office of Craig Sherman (619) 702- 7892 or Lceona Klippstein (910) 947-5091 and (626) 676-4116 Thank you Sincerely, Douglas Doepke, Ph D Secretary, The Habitat Trust for Wildlife, Inc 30 North Raymond Avenue, Suite 303 Pasadena, CA 91103 cc John Schafer, Richland-Pmehurst T H E C I T Y O F R A N C tl O C U C A M O N G A Staff Report DATE. May 12, 2004 TO Chairman and Members of the Planning Commission FROM Brad Buller, Clty Planner gY Dan Coleman, Principal Planner SUBJECT CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16145 - RANDOLPH DAVIS - An appeal of the City Planner's dental for Incompleteness, of a proposed subdivision of 6 lots for residential purposes on 11 34 acres of land within the Very-Low Residential . District (1 to 2 dwelling units per acre), including the Equestrian and Hdiside Overlay Districts The protect Includes an Almond Street crossing of Thorpe Canyon, and the site is located north and south of Almond Street, west of Amethyst Street - APN 1061-451-05 BACKGROUND The property is Lot "A" of recorded Tract 11626 that was developed at the top of Beryl Street Lot "A" is a plateau between Angals and Thorpe Canyons. In 1983, during preparation of the Environmental Impact Report (EIR) for Tract 11626, a number of significant impacts were identified that would have resulted from the development of Lot "A." The developer of Tract 11626 decided to abandon his proposed development scheme for the plateau in order to proceed with the remainder of the tract PROJECT HISTORY The applicant submitted their Tentative Tract Map SUBTT16145 on July 16, 2001 After careful review by City staff, the City Planner deemed the application as incomplete by his letter of August 7, 2001, which contained a detailed list of items that were required to complete the application Like it's predecessor, the significant impacts of this protect requires preparation of an EIR The applicant resubmitted on September 24, 2002, more than one year later The City Planner deemed the resubmittal incomplete on October 16, 2002 The applicant then resubmitted nine months later on July 15, 2003 The City Planner deemed the resubmittal incomplete on July 23, 2003 The July 15, 2003, resubmittal contained even less information, such as no Grading Plan, hence, all of staff's previous October i6, 2002, comments are still true today On March 25, 2004, the City Planner sent a letter to the applicant denying . his protect because there had been more than six months of inactivity on the applicant's efforts with the Planning staff to complete the application It is this decision that the applicant is appealing Since the original application submittal, staff has had numerous meetings and phone calls with the applicant and their protect engineer Item 0 PLANNING COMMISSION STAFF REPORT • APPEAL CONSIDERATION - SUBTT16145 May 12, 2004 Page 2 REGULATION The Rancho Cucamonga Muniapal Code, Title 16, Subdivision Ordinance, establishes the submittal requirements for subdivision maps, including, but not limited to, the map, environmental documents, application, and fees Section 16 14 050 states that "failure to submit all materials and statements required by this title shall constitute grounds for refection of filing the application " Even though the applicant has made some efforts to complete their application, and has now submitted the $10,000 00 deposit for the environmental review, there are still numerous other deficiencies in the application (Exhibit "D") ANALYSIS The applicant is appealing the decision of the City Planner The City has published a list of submittal regwrements as requred by State law, which formed the basis of staffs incompleteness comments The last submittal of development plans by the applicant was on July 15, 2003 The plans failed to respond to the City Planner's October 16, 2002, notice of incompleteness Should the Planning Commission deade to deny the appeal, the decision does not preclude the applicant from refilling his application Staff has already spent a considerable amount of staff resources in working with the applicant for the last two and half years Staff wdl refund 70 percent of the applicant's initial filing fee paid in July of 2001 Staff is concerned that granting the appeal will only prolong the applicant's efforts to complete the application Staff believes starting fresh would be the best option for this protect One alternative is to give the applicant 60 days to successfully complete the application The Commission could table the appeal for 60 days and give the applicant the chance to complete the application RECOMMENDATION Staff recommends that the Planning Commission, by minute action, deny the appeal, thus upholding the City Planner's decision to deny without prefudice to refile at a later date Respectfully submitted, Brad Buller City Planner BB DC/fm Attachments Exhibit "A" - Location Map Exhibit "B" - Request of Appeal Exhibit "C" - City Planner's Denial Letter, dated March 25, 2004 Exhibit "D" - Incompleteness Notices • ~ ~ ~ ~; ~' a~ • ~, ~~-..6r t{A 1~ '~~~ E" ~.' t ; J1 f ~...~ S .`~ t associated arts ENVIRONMENTAL DESIGN -ARCHITECTURAL fLLUSTRATION CITY OF RANCHO CUCAMONGA MARCH 31, 2004 10500 Civic Center Dnve PO Box 307 +~~~'~~~ Rancho Cucamonga, Ca ,~1~ 2~i~ ATTENTION PLANNING COMMISSION ,.p RE NOTICE OF DENYING APPLICATION ~ rl'~ RANDOLF & SANDY DAMS TENTATIVE TRACT MAP 16]45 RANCHO CUCAMONGA CA file # SUBTT16145 In response to your letter dated March 26, 2004, we are earnestly requesting appealing the denial of continuing the application for the above protect. There have been a number of contnbuting factors delaying further submittal The property was senously involved in the October 2003 wild fue Several conversations ensued with the arbonst of record Sims and Karen Kirtland the biologist of record Part of the conditions of approval, that Engineenng Ventures, the Civil Engineer, was awaiting, required further soils investigations The protect soils Engineer of record, Eberhart Consultants, questioned the need for the liquefaction testing in Thorpe Canyon and required time to review previous mapping than the fire delayed scheduling Heavy rains in December caused extensive damage with erosion run-off through Demens Channel, further delaying access The permit required by the County of San Bemardino Department of Public Works to core in Thorpe Canyon caused further delay Extensive damage across Almond Avenue from the Demens Channel initiated several attempts by Mike Pratt of Engineenng Ventures to meet with The San Bernardino Department of Public Works He did so January 27, 2004 and February 18 with no resolve In the intenm we have received approval for the Fuel Modification plan, submitted a a preliminary landscape and imgation plan and a letter addressing the "wetlands study" Randy Davis has deposited the requested $10,000 to initiate the Environmental Study process and shall provide the funds required to complete said study. Engineenng Ventures shall submit, Apn] 8, the Civil Engineenng with the above referenced soils report Please schedule this appeal at the first available date on the Planning Commission agenda Sincerely / ~~ ' A OC TED ,Frances Fr~e I R f avis cc Brad Buller, Dan Coleman `4~Iy~~ PH <714) 710-9234 po box 446, Silverndo,C/nnyon, cn 92676 FAX <714) 710-9233 7 ` ~ ENGINEERING ' VENTURES ;; ;r~r• ~ ~ ~, .:; ap ~ .n ~, day CfTY OF RANCHO CUCAMONGA MAR 31 2004 RECENED -PLANNING MEMORANDUM DATE: Mazch 30, 2004 TO: Planning Commission City of Rancho Cucamonga ((~~, FROM: Mr. Randolph F. Flctnrng, R C.~,~j~ Engineenng Ventures, lnc. vV''~~__ SUBJECT: SUB1"1' 16145 EV Job# 737-U1 Rancho Cucamonga, Cahfomia Thts memorandum is to respectfully appeal yow denial to continue the application process for the above-referenced project. Due to the wildfires, subsequent flooding to Demers Creek, and • the single access issues. F.ngineertng Ventures has been unable to get definitive answer from San Bemardano Flood Control and a contpleted soils repon whtbh was tnlubtted by these events. This has caused delays m ow project beyond our control, Please do not hesitate to call if you have any quesitone. RFF!!,~ 737-01 C Mr Brad Bruell, City of Ra~tcho Cucamonga Mr. Dan Coleman, City of Rancho Cucamonga lvlr. Randy Davis, Owner Ms Francis Frcclove, Agent • ,~~OJ r~IDlrf P/~F,I I1Hi'~~, .. IIII ;'U.'•,. MI( III lI ~P'1,"~~lU~(`Il )"Ifs'-)~I1 ~4'ir1~rC,X I~IU'-7~I~~1 L1-'i'~f-~9 _. ~ ~ S Mayor WILLV~M J ALEXANDER Mayor Pro Tim DIANE W1L~ Counalm RFx CiUIlEARFZ ROBERT J HOWDYSHELL DONALD J KuRrx, M D City Managn THE CITY OF RANCHO CUCAMONGA Jncx LAM, AICP RANCHO C,UCAMONGA March 25, 2004 CERTIFIED MAIL #7000 0600 0025 4680 5197 Mr. Randolph Daws 9400 Almond Street Alta Loma, CA 91737 SUBJECT: TENTATIVE TRACT 16145 - RANDOLPH DAVIS -The proposed subdroision of 6 lots for residential purposes on 11 34 acres within the Very Low Residential District (1- 2 dwelling units per acre), including the Equestrian and Hillside Overlay Districts Protect includes an Almond Street crossing of Thorpe Canyon, the protect site is located north and south of Almond Street, west of Amethyst Street - APN:1061-451-05. ' Dear Mr. Davis: Based upon a review of your application file, staff has determined that it has now been more than 6 mont since our third notification that your application was incomplete and, to date, the City has not received the requested $10,000 deposit of funds to initiate the process of preparing the Environmental Impact Report, plans and/or information or a letter of withdrawal. Therefore, pursuant to Development Code Section 17 04.020.8, your incomplete application has been denied without pretudice to refile at a later date This decision shall be final following aten-day appeal penod beginning with the date of this letter. Appeals must be filed m writing with the Planning Commission Secretary, state the reason for the appeal, and be accompanied by a $62 appeal fee. Should you have any questions regarding the above, please do not hesitate to contact Dan Coleman of our office at (909) 477-2750 • . Sincerely, rv PLANNING DEPARTMENT ~ /,, o m Brad Buller City Planner o 0 BB DJM Is o 0 cc• Dan James, Senior Cron Engineer o i ¢, J/>~ Brenda King, Public Service Tech I, Fve o ~. o r- ~ ~ a THE CITY OF RANCHO CUCAMONGA • Mayar WILt1AM J ALEXANDER Mayu>r>or~ DIANE WILLIAM$ Counn[membm REx GunERREz ROBERT J HOWDYSHELL DONALD J. KuRrx, M D C:ty Manages JACic I.AM, AICP RANCxo CUCAMONGA July 23, 2003 Randolph Davis 9400 Almond Street Alta Loma, CA 91737 SUBJECT: TENTATIVE TRACT MAP SUBTT16145 Dear Mr. Davis: Thank you for submitting your proposed project. We want your project to be a success; one which you and the City can be proud of. As you are already aware we have assigned a project planner, Debra Meier, to assist you throughout the review process up to final occupancy. However, to date little or no progress has been made to address the staff comments, therefore, our previous comments dated October 16, 2002 are attached for your reference. Further, the latest plans contain less information than the previous submittals. Please read the previous comments carefully and respond completelyto all issues identified in previous comments. We have reviewed the application for your proposed protect for completeness and accuracy of filing and determined rt to be Incomplete for processing. Attached is a list of Information needed pnor to finding the application complete Further processing of your protect will begin once the Completeness Items are submitted and the application accepted as complete. W e recommend that all issues on the attached list be addressed now to expedite processing of your protect. Submit eight copies (collated, stapled, and individually rolled) of the revised application to the Planning Division. The information and/or plans necessary to make the application complete must be received within 60 days from the date of this letter. This determination of incompleteness is final unless appealed within ten calendar days from the rdeasonsttforthe appealymus be filed with the P annmg Commess otn Secretary with a $62 appeal feet To expedite the process, please use the case numbers listed in the Subject header above when corresponding with or contacting staff. Should you have any questions regarding the review process, or if we can be of further assistance, please feel free to contact the protect planner at (909) 477-2750, Monday through Thursday from 7 a.m. to 6 p m. To meet with your project planner, please call ahead for an appointment at a convenient time. r~ L.1 ~~ ~ ~ ~~'7 .,~ . - _ ,. _ ,._ _ nn u,.. Rn7 • Rancho Cucarnonea, CA 91729-0807 • Td 909-477-2700 • Fax 909-477-2849 • www u rancho-curvmonga ra us COMPLETENESS COMMENTS SUBTT16145 - DAVIS July 23, 2003 Page 2 DC:DM:mlg Attachment cc: Dan James, Senior Civil Engineer Brenda King, Public Service Tech I, Fire Randolph Fleming, Engineenng Ventures r1 ~ ~ Pnncipal Planner - ~ ~ T H E C I T Y' O F ~ I~~NCKO CUC~MONG~ October 16, 2002 Jerry W ilson J.M Wilson and Associates 223 North 1st Avenue Upland, CA 91786 SUBJECT. SUBTT16145 Dear Mr. Wilson. Thank you for submitting your proposed prolect We want your project to be a success, one which you and the City can be proud of. W e have assigned a prolect planner, Debra Meier, to assist you throughout the review process up to final occupancy We have reviewed the application for your proposed prolect for completeness and accuracy of fling and determined it to be incomplete for processing. Attached is a list of information needed pnor to finding the application complete, non-conformities with development standards, and major design issues. Further processing of your project will begin once the Completeness Items are submitted and the application accepted as complete. We recommend that all issues on the attached list be addressed now to expedite processing of your protect. Submit eight copies of the revised application to the Planrnng Division. The information and/or plans necessary to make the application complete must be received within 60 days from the date of this fetter. This determination of incompleteness is final unless appealed within ten calendar days from the date of this letter. Only Completeness Items may be appealed at this time. A wntten statement of reasons for the appeal must be fled with the Planning Commission Secretary with a $62 appeal fee Should you have any questions regarding the review process, or if we can be of further assistance, please feel free to contact the project planner at (909) 477-2750, Monday through Thursday from 7 a m to 6 p m. Sincerely, DC DM mlg Attachment cc Dan James, Senior Civil Engineer Steve Locate, Fire Protection Ping Spec . Mr and Mrs Randolph Davis Councilmember Paul Beane Mayor Wi tam J Alexander Mayor Pro-Tem Diane Williams ~ Councilmember Bob Dutton Jack Lam, AICP, City Manager Councilmember Grace Curatalo 10500 Cmc Center Dnve • P O Box 807 • Rancho dam , CA 91729 • (909) 477-2700 • FAX (909) 477-2849 www ci ra(r~/hd-eecnga ca us Pnnapal Planner i : C~ FILE NO.: SUBTT1fi145 (COMPLETENESS COMMENTS) NOTE: This infoAddiUOnal nformaton or comments may be'necefssary based upon a maon; thorough for processing. analysis during the Development Review Process. I of .,n Division (9091477-2750: ADDITIONAL INFORMATIOWDOCUMENTS REQUIRED TO COMPLETE THE APPLICATION: 1. The Public Hearing Notification List must be amended to include all property owners along Gooseneck Road -including the following: 1061-411-05 Gull 1061-411-06 Messerschmitt 1061-411-07 Sanabna 1061-411-08 Biane Paul Biane. 1061-411-09 This property was purchased recently by And, regarding easements onsite, include the following agencies on the public hearing list: Los Angeles Department of Water and Power Cucamonga County Water District 2. Provide a Site Utilization Map per Checklist For Tentative Subdivision Maps. MAP REVISIONS REQUIRED TO DEEM THE TENTATIVE MAP COMPLETE: 3. Show theoe~he t °o tosed Lot 3. Ish a easement that is ident fled on Lot 3 as SProposedeDW P boundary P P Access Easement a revision to the existing easement? 4. Show the boundaries of the Cucamonga Earthquake Faun Zone on all plans (see enclosed State of Calrfomia map); 5 recommlen'dation of the Geotechnical Report. A seltback/nlo-bu Id rig one shall extend 50 feet Geot ch ncao nvestigat o prepared by Ebe hart Consulttants, Inchdated August 10, 2001 the / g. Show gated access to the equestrian easements, including graded access ramps as necessary on Subdivision Map and Grading Plan (per Planning Commission Resolution No. 68-226, / previously provided). N~ 7. There are numerous inconsistencies between Subdivision Map and Grading Plan, includin ,, ~ extent of grading along the proposed streets, and the configuration of the Almond Street crossing C.r ~ ° ' " .~. ~~~ of Thorpe Canyon The proposed grading should only be for the construction of the street, ~~ J ' - any further grading required on each lot will be reviewed on an i ~ cat on Ifnathewfuture. -7-/~-0~= submittal of the Single-Family Hilis~e j~gn Review app' • + COMPLETENESS COMMENTS • SU6TT16145 October 17, 2001 Page 2 ~ 8. pro vile cPoss-section through local feeder tra~on Lot jtNCt local feeder trail on Lot 1? Also ~~.r~ ~~~`.r~ P~M'~ ~,vbWl I ~`~ As you know this protect has issues that require careful analysis and design, the information on ~ , ~ ~- U 3 the Grading Plans is incomplete, and care has not been taken to insure that details on all plans match. We must be able to conduct Design, Grading, and Technical Review Committees and develop Conditions of Approval based on the accuracy of the Tentative Map and Conceptual Grading Plans, and we will regwre a level of detail that allows this to occur. OADDRESSEDPPRIOR FUR HER PROCESSING OF THEVPROJ CT TAL ISSUES THAT MUST BE g. Site is located within the Hillside Development Overlay District; therefore, additional submittal requirements apply: 1) submit a separate Grading Plan with proposed till areas colored in green and cut areas colored in red, and 2) a minimum of 3 slope profiles, drewn et same scale as Grading Plan, and extending through entire site and 150 feet beyond the site boundary (at least 2 of these profiles shall be parallel to each other end roughly perpendicular to existing contour lines). The Hillside Development Overlay District encourages grading to approximate the natural slope and landscaping and re-vegetation that create a natural landform appearance, as well as minimize the extent of vegetation removal and visual disruption along the roadway. The 2:1 fill slope created by Almond Street crossing of Thorpe Canyon is contrary to this intent. Further grading on each lot will be analyzed at the time the mdividualstngle-family homed is submitted. In this regard, the proposed removal of the existing concrete reservoir should be accomplished with minimal grading and disturbance of the natural brush, and the Conceptual Grading Plan should be designed to minimize grading of the site to establish the roadway, especially'rf it entails removal of mature Eucalyptus or other species subiect to Tree Removal Permit. Provide a Re-vegetation and Landscape Plan to address the revegetatlon of alt graded areas with native (or modified) species and for erosion control. This Plan should also address any Fire District requirements for Fuel Modrfication Zone. Contact Steve Locati, Fire District, (909) 477-2770 for further information. 10, Provide a Tree Removal Perml and Arborist Report to address the proposed removal of any non-fruit beanng trees; the report should address all such trees on the bench as well as within Thorpe Canyon, with a map indicating the speafic location, size, species and health or condition, of each tree proposed for removal. The Tree Removal Permit shall be coordinated with the Re-vegetation, Landscape Plan, and Conceptual Grading Plan. 11. Provide additional Geotechnical Investigations that details the impacts of the proposed street crossing over Thorpe Canyon as identified m the Geotechnical Investigation dated August 10, 2001, including the potential impact of liquefaction and impacts to groundwater that may be encountered dunng excavations within the creek bed. 12, Provide additional Geotechnical Investigations regarding slope stabilityforproposed 15-foot must be caepable olf s upportmg equestr ens andtveh cl sl supporting horse keep 9 nyon and O ~ ~~ COMPLETENESS COMMENTS . SUBTT16145 October 17, 2001 Page 3 13, Thorpe Canyon appears to be subject to the jurisdiction of California Department of Fish and Game (PRC 1600 et seq.) and possibly the US Army Corp of Engineers (401/404) pertaining to the presence of Riparian Habitat, therefore, a jurisdictional drainage and wetland delineation is required. The canyon also provides corridors for wildlife movement and dispersal, and the resulting impact of filling the canyon and impacting this habitat may be signrficant The Biological Resource studies provided thus far will be used to complete the Initial Study and locus the Environmental Impact Report 14. Obtain a lettthat they o'wn in fee onhthe sou h side of Almond (Street The Flood Co trol Permit on property Y Application must be submitted now, so we can determine whether San Bernardino County FI Control District will allow the project to be designedrmplemented as you have proposed. 15. Staff has determined that the project may have a significant effect on the environment, and therefore, an Environmental impact Report (EIR) is required underthe Cal'rfomia Environmental Quality Act (CEQA). The project may have significant environmental impacts including, but not limited to: Land Use (Environmental plans/policies adopted by other agencies), Geologic yo) Water Resources Resources (liquefaction and perched groundwater within Thorpe Can n , {drainage impacts to Thorpe Canyon and the San Bernardino County Flood Control Distn~ debris basin), Biological Resources (Thorpe Canyon wildlife corridor, tree preservation, a raptor foraging and nesting), Hazards (Fire Safety and Evacuation), and Public Services (Fi Protection). The Initial Study will be completed by staff and used to focus the content of the EIR, however, there are still many unanswered questions with regard to the project design. The EIR process (described below) cannot go forward until all the issues identified in this letter are addressed to the satisfaction of the pertinent department pursuant to the Crty Council adopted Environmental Guidelines, the Sift Wglimtia e a se ecUOn qualdied consultant selected by, and under contract to, the City. City process for a consultant to prepare the EIR. All costs associated with EIR preparation shall be borne by the applicant. The City Council Resolution No. 99-146 has adopted an administrative fee deposit of $10,000 to initiate the EIR consultant selection process. Staff time will be charged on a time and materials basis. Once the consultant has been selected, the developer will be required to deposit the enure contract amount into a City account, prior to signing of the consultant contract. The deposited money wdl be administered by the City to pay the environmental consultant. Although this site was included in a previous EIR, there are changed circumstances: 1) the twenty-year time lipase since the previous EIR prepared in 1983, 2) °subsequent changes are proposed in the project which wdl require Important revisions of the previous EIR° (see CEQA gwdelines 15162) because it shifts canyon crossing to a different canyon, 3) °substantial changes occurred with respect to the circumstances under which the project is undertaken° because m 1995 the State changed boundaries of the Cucamonga Fault Zone to include the majority of the site, and 4) new information of substantial importance to the project became avadable° because of federaUstate listing of endangered species m this >~ after the 1983 EIR was prepared. '' ~ ~` ,. COMPLETENESS COMMENTS SUBTT16145 October 17, 2001 Page 4 ill. FnnlnPermQiJIVISIVii- A, The lOllOwm ueuia nwo~ uc ~~„~~•~~ --_ - ro ect: 1. Provide two points of access with one access meeting the requirements of an "all terrain access" to Amethyst Avenue with full curb and gutter and a pavement width of 44 feet The drainage structures for the two crossings shall be shown on the plans accordingly. 2. The Drainage Study is incomplete and does not address the two drainage areas (Thorpe Canyon and Demens Canyon). The Study needs to address the drainage area for both canyons and a narrative addressing the detail Issues and solutions before development can take place. The Applicant shall also submit a Draft Storm Water Pollution Prevention Plan (SWPPP) in order to assess any recommendations to control erosion and sediment loss. 3, A letter is required from the Army Corp of Engineers acknowledging the proposed disturbance to the year round water or "Blue Line Stream.' Any requirements from the Corp of Engineers well be required as a "Condition of Approval' for the project. 4, A letter is required from the San Bernardino County Flood Control District acknowledging the proposed drainage structures within Thorpe Canyon and Demens Canyon along Almond Street. -Any requirements from the San Bernardino County Flood Control Distnct will be required as a 'Condition of Approval' for the protect. B. 1. Almond Street shall be fully improved, in accordance with City'Collector Street standards as required, including, but not limited to curb, gutter, sidewalk, street trees, streetlights, traffic striping, and signage. The improvements shall also include the installation of two drainage structures within Thorpe Canyon and Demens Canyon between the project sfte and Amethyst Street to provide an °all terrain access° during heavy rainfall. 2, Provide a knuckle per City standards at the intersection of Almond Street and the proposed north-south cut-de-sac. 3. Provide a 4-foot A/C walkway on Amethyst Street from Almond Street to Hillside Road for safe walking route to schooVbus stop. 4, "A" Street shall be fully improved, in accordance with City °Local Street" standards as required, including, but not limited to curb, gutter, sidewalk, drive approaches, street trees, streetlights, traffic striping, and signage. 5, The equestrian trail shall be improved for secondary access and/or emergency access to the satisfaction of the City Engineer and Fire District from °A° Street to Mojave Road, west of the proposed project. Q ~^ ~.~ COMPLETENESS COMMENTS • SUBTT16145 October 17, 2001 Page'5 g, The existing Community Trail shall be constructed to City standards including ramping on both sides of the street for continuation of the trail system. 7. Conditions of Approval from San Bernardino County Flood Control and the Army Corp of Engineers are required, pnor to scheduling the project for Planning Commission Heanng. 8 flood protection measures shall beFprovded per RanchooCucamonga Cdy~Ord'inanoe No. 545, Section 19.12. IV. Building and Safety Division - (Allen Brock) (9091477-2710, ext. 4200: Refer to previous comments. V. Fire Prevention/New Construction Unit - (Steve Locatil (9091477-2770. ext. 3009: See attached Fire Department Comments. Major problems with access/egress, please arrange a meeting as soon as possible to discuss the issues in detail with Steve Locatt, Fire Protection Planning Specialist. Please note that Fire Department Fees due to date - $198. • Q -~ /h~ • • ~ V i° ; FIRE PROTECTION DISTRICT FIRE CONSTRUCTION SERVICES UNIT PRELIMINARY REVIEW COMMENTS PROJECT #: -SUBTT16145 PROJECT NAME: 6 lots on 11.34 acres DATE: July 17 2003 - PLAN TYPE: APPLICANT NAME: OCCUPANCY CLASS: FLOOR AREA (S): TYPE CONSTRUCTION: FIRE PROTECTION SYSTEM REQUIRED: LOCATION: FD REVIEW BY: PLANNER: __.~_~ mitigate access In all structures (Including Tlm Feleran Fire Inspector and Moises Eskenazl, Sr. Plans Examiner Debra Meler --._.__~ when regl`. ~`' Sectiori B Issues Cleare ; dT-J~ _- Bees Irrthe amount of,$ ~ paid.~Irl,,fulL,Ri Sect+on C Issues Cleared ~., ,)`_,1 - Completed,'Annexation.~cknowledgeriient"ioi ,Section'D Issues Clear~d~<=/_,h~ -Completed"tNater`Availabi63y Repor3~;or egmy - : T Gallons per initiate at, 20 p, s i residual pressure available;- Section-E issues Cleare8~,:~,t~l~= AcoesS +tems related`to "completei3e'ss"=iPtEigal .e... '{ •') . '4' i:ieceivgd;4Recotdeii by:~- M15~ ~ ~ i or rssolvQd, - _ ,:> r ALL OF THE FOLLOWING PRELIMINARY REVIEW COMMENTS APPLY TO YOUR PROJECT. THOSE PORTIONS OF THE PLANS COVERED BY COMMENTS IN SECTIONS 8 THROUGH E ARE CONSIDERED INCOMPLETE AS NOTED. APPLICANT SHALL CONTACT THE FIRE CONSTRUCTION SERVICES UNIT (909) 477-2713, TO VERIFY COMPLIANCE WITH THE FOLLOWING: f._J PLEASE CONSIDER THIS PROJECT "INCOMPLETE" UNTIL ITEMS IN SECTIONS "B"THROUGH "E" ARE CORRECTED OR ADDRESSED A. Outstanding Flre Distract Issues Affecting Approval of Project-Incompleteness Comments Applicant is responsible for resolving the following Fire District Comments: 1 Incomplete Submittal: Based upon the comments contained in Sections B, C, D, and/or E are considered to "incomplete" and must be addressed prior to approval of the plans included in this .,..,.i~~~r~.,n other items are technical in nature and must be addressed prior to issuance of .x- y;_. - ~~ Non-s ec~ed construction or installation permits B. Fire Distract Fees 1 Incomplete- Service Fees Due This protect has Fue Distract Service Fees that are due and payable at this time The fees are due for the following development and planning review service(s). a $132 Fire Distract Rewew of Single-family Tract or Parcel Maps $132 -Total due at this time. Remit payment by check made payable to the "City of Rancho Cucamonga:' " Plus a microfiche/laser-fiche fee of $1 00 per plan sheet for all final plans approved'by the Fire Construction Services Und 'Note Separate plan check fees will be assessed by the Budding and Safety/Fve Construction Services Und for review of fire rotection s stem lans and/or an consultant rewews u on submittal of tans. C. Available Water Supply 1 Available Fire Flow: The Fire District requires proof of adequate fire flow for this protect or portion thereof portion for the protect to be deemed as "complete." A finding of "inadequate" fire flow available from the water distract would necessitate changes in budding design, floor area, type of construction, or may regwre on-site water tank(s) Such changes will impact Planning and other agency approval. a The applwant shall provide evidence that requved mwmum fire flow is available from the water distract serving the pro/ecL b If sufficient water to meet fire flow regwrements is not available, an automatic fire extinguishing system may be regwred in each structure affected by the insufficient flow. . Submittal is Incomplete Until Required Form is Received by Fire District. 2 Minimum Fire Flow: The requued minimum fire flow for this pro/ect is 1750 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This regwrement rs made in accordance with Fire Code Appenduc III-A, as amended, and Fire Distract Ordinances and Standards 3 Consequences of Inadequate Water Supply: Inadequate water supply for firefighhng and/or automatic Distract from approving a proposed proved Alternate equivalent h F ve e fire spunkier systems will prevent t mitigation may be considered q Inadequate Fire Flow: If inadequate fire flow is available for this pro/ect as submitted the following possible changes must be considered. a Installation of approved on-site water supply, i.e ,water storage tanks b Installation of an approved automatic fire sprinkler system c Reduction is the floor area of the proposed provect. d Increase in the t e of construction, i e ,Non-rated to one-hour etc D. Fire District Access Issues to Be Addressed Immediately 1 Location of Access: All portions of the structure or facility or any portion of the extenor wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the extenor of the building Landscaped areas, unpaved changes in elevation, gates, and fences are s dwa f l t , roa y ion o oca considered an obstruction The issues addressed in Section E may affect the walkways, doors and extenor openings, gates, etc Changes in any of these will impact the approval by of agencies 2 Inadequate Access: Incomplete Until Fire District Approves Project Access or Mitigation Fire Distract access as shown on the site plan does not meet minimum standards The structure or facility shall be . , ~.. __ ..., ,.,.,.a ,....,.M,,,,,. ~.e ~..~,.,4io. e„ctom or the structure shall be relocated Changes m the `- ~1 pro/ect to meet Fire District standards may have an impact on the approval of the sRe by other agencies 3 Private Roadways and Fire Lanes: The minimum speafications for pnvate fire district access roadways are a The minimum unobstructed width is 26-feet b The inside tum radws shall be 20-feet c The outside tum radws shall be not less than 50-feet d The minimum radws for cul{Je-sacs is 45-feet e. The minimum vertical clearance is 14 feet, 6 inches f At any pnvate entry median, the minimum width of traffic lanes shall be 20-feet g The angle of departure and approach shall not exceed 9 degrees or 20 percent h The maximum grade of the drning surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weght (GVVV). 4 Non-conforming Cul-de-sacs: Dead-end cul-de-sacs m excess of 300/600-feet, substandard cul-de-sac atic fire sprinkler system installed throughout the t om radii, i e ,necessitate mitigation by a complete au affected buddmg(s) An approved fire sprinkler system shall be installed in any structure taking access from the affected roadway. 5 Mitigate or Correct Access Problems: Amend the proposed sde access to axommodate Fire District vehicle access or prowde Fire District approved mitigation. Any proposed mitigation measures c y emergen are sub/ect to the approval of the Fire District and other agencies hawng lunsdiction RANCHO CUCAMONGA FIRE DISTRICT- STANDARD CONDITIONS 8 REQUIREMENTS - Procedural, Technical, or Operational Information that shall be Included, General , Corrected, or Completed as noted below. The following is applicable to the above project FSC-1 General Requvements for Public and Private Water Supply 1 General Guidance for Fire Hydrants: The following provides general guidance for the spacing and the maximum permitted distances between fire hydrants: location of fire hydrants Remember these are a For single-family residential protects in the designated Hazardous Fire Area the maximum ortion of the exterior wall facing the addressed t No f 400 p ee - distance between fire hydrants is street shall be more than 200-feet from an approved fire hydrant for cul-de-sacs the distance shall not exceed 150 ft b Fire hydrants are to be located. 1 At the entrance(s) to a pro/ect from the existing public roadways This includes subdivisions and industrial parks ' 2 At intersections 3 On the right side of the street, whenever practical and possible 4 As required by the Fire Construction Services Umt to meet operational needs 5 The location of fire hydrants is based upon the operational needs of the Fire Distract to control a fire 6 Fire hydrants shall be located a minimum of forty-feet (40') from any budding. Contact the Fire Construction Services Umt 909 477-2713 r r 0 o/ r f ul d h l e Code ade m acco dance with F u rement s Th s Pe e~nch squar ounds er of 20 2 res dualmressure iy v 3 Hazardous Fve Area: The requred minimum fire flow for structures iocatea in the aesignatea nazaroous sidual For structures in excess of 3600 square feel fire area shall be not less than 1750 gpm at 20 p s i re use Table A-III-A-1 This flow may be reduced when the structure is protected by an approved automatic fire sprinkler system Contact the Fire Construction Services Und (909) 477-2713 4 Hydrants Used to Supply Fire Flow: Public fire hydrants located within a 500-foot radius of the d fire flow subject to Fire District review and appr proposed protect may be used to provide the require Private fire hydrants on adlacent property shall not be used to provide required fire flow Contact the Fire Construction Services Und (909) 477-2713 FSC-2 Fire District Site Access- Technical Comments 1 Restricted Residential Access: Gated or access for all residential development shall comply with the following. a c r r 1 o e r D ' t( l ts Produ ACCess 000 { be S Fv com (3M) Op rom viCe Approved evaces aPe avadable de ' s Inc ), and Tomar Electronics Devices shall be installed in accordance wdtt the manufacturer instructions and specfications b A Knox Rapid Entry System Key Box is required to be installed adlacent to each gate in a Fire D~stnct approved location The box shall be mounted where d is clearly visible and access rs unobstructed c Vehicle access gates shall be provided with an approved Fire District Knox Key Swdch d The key switch shall be located immediately adlacent to the Knox Box for use in the event that the traffic pre-emption device fails to operate e The gate shall remain in the open posdion for not Tess than 20-minutes and shall automatically reset Contact Buildin and Safe /Fire Construction Services 909 477-2713 for ins ection edian shall be kept trammed to a minimum of 14-feet, 2 Vegetation: Trees and shrubs planted in any m so as not to impede fire vehicles Contact the Fve Construction Services s from the ground up h , e inc UnR (909) 477-2713 3 Mitigate or Correct Access Problems: Amend the proposed site access to axommodate Fire District ti on emergency vehicle access or provide Fire District approved mitigation Any proposed m~Uga District and other agencies having jurisdiction Contact F f h ire e t measures are subject to the approval o the Fire Construction Services Unit (909) 477-2713 FSC-3 Hazardous Fire Area ted Hazardous Fire Area: This project is located within the "State ResponsibrlrtyArea° (SRA), the ° 1 Designa or within the "Very High Frye Hazard Seventy Zone" (VHFHSZ), City of Rancho Cucamonga °Hrllsrde Drstrict, Exhibd V-7 as Hrah Probability-Hioh Consequence area identfied on the Rancho Cucamonga General Plan, cations have been determined to be within the "Hazardous Fve Area° as defined by the i l Th ese o for Frye Rrsk Fire District This determination is based on maps produced by the Calrfomia Department of Forestry and Contact the Fire Construction Services Unrt (909) 477- Fire Protection and the City of Rancho Cucamonga 2713 2 Hazardous Fire Area Development: Hazardous Fve Area Development: Place a note on the clans licant shall meet all requvements for development a th d pp e , statin -Prior to the issuance of a budding perin tion within the designated "Hazardous Fire Area " The minimum standard adopted by the Fve and construc District and the City of Rancho Cucamonga is contained in the County Fve Safety Overlay District Standards This standard includes provisions for the following a Class A roof assemblies, b Fuel modificaGon/ftazard reduction plans, D-i~ c Approved Flre District access roadways, d One-hour fire-resistive construction with protected openings may be required, e Fre sprinkler system wdI be regwred, f The required fire flow of minimum duration shall be provided from an on-site water supply g Visd www co sari-oernaramo ca usnanuwo~~~.~~~~-~~•----- --- Adobe copy The regulations are contained In Chapter 2- Hazard Protection, Article 2- !FR) Overfav District Summary for for an a The roof shall be aClass Afire-resistive assembly approved by Building and Safety. Fire- retardant Class A wood shakes and shingles shall have completed a 10-year "natural" weathering test Class A roof assemblies shall be installed In accordance with their listing and manufacturer's instructions b The space between rafts ai exterior walls shall be solidly filled with tight-fitting wood blocks at one and one-half (1-1/2) inches thick May be'boxed.° c The exposed surtace of exterior wall must be listed as one-hour fire-resistive construction. d All exterior doors must be solid core or wood portions shall be solid core wood e All windows, sliding glass doors or glass insets in does shall be constructed of approved dual- pane glass f Cantilevered or standard type desks shall be constructed of 1) A minimum of at least one and one-half (1-1/2) inch wood deck, and/or 2) Protected on the underside by materials approved for one (one) hour fire-resistive construction, and/or 3.) Be of non-combustible materials, as defined in the Building Code. g notiless than one-haf (1/2) inchl Plasticf bamboonstraw, fiberglass!lor wood latt ce less thaenials one-haH (1/2) inch are not permitted h All regforect shall be o)f nontcombus bleifmaterials as defined mntherBu Iding Codite~ Any fenpceval for a p ) within 10-feet of the fuel modification area or wlldland area shall be non-combustible Beyond 10- feet the may be constructed of any approved material All other fences, including those on the interior of the pro)ect are not sub)ect to this requirement I VISIt WWW CO San-Dernarrnno ce uananuuao~~~ ~~~--•--- - Adobe copy The regulations are contained In Chapter 2- fFR) Overlav Distract acts df, for an 2-Fire Safety Review the County Fire Safety Overlay District standard for complete requirements. Contact the Fire Construction Services Unit (909) 477-2713 Perimeter Roadway Required: A roadway shall be provided along the pro)ect perimeter exposed to a fire hazard or fuel modrfied area The roadway is to allow fire district vehicle access Such roadway shall be a minimum twenty (20) feet In width, with a grade not to exceed fourteen percent (14%), and capable of supporting fire fighting vehicles Contact the Fire Consruction Services Unlt at (909) 477-2713, for specific requirements Power-operated Equipment Use in a Hazardous Fire Area: Submit a "Fire Prevention and Control Pla to the Rancho Cucamonga Fire Protection District, Fire Construction Services Unit for review and approval The plan shall Include )ob location, specific fire tools to be maintained on-site, person(s) responsible for supervising the pro)ect (on_site), method of reporting a fire (cell phone, etc.), City or ._~....,,i,~.o« roienh~ne number. etc Fre ~~ ~ ~ stationar , or ortable, shall be used without the Fue Safet Division's written a royal 7 Combustible Vegetation: During the declared "fire season" or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, contact the Fire Protection District dur normal business hours to determine if "special fire protection measures° are required to operate power equipment Call (909) 477-2770, Monday through Thursday, between 7 00 AM and 5 00 PM The ur ose of the call is to determine if extreme fire weather conditions are resent or ex ected to occur 8 Special Fire Protection Required: "Speaai fire protection measures° include, but are not limited to, a A stand-by water tender with operating pump, tested and maintained fire hose and nozzles b Pre-wetting of the site to avoid the production of sparks, i.e ,contact between blades or tracks and rocks, etc c The Fue Distract requires the contractor to maintain a fire watch for a minimum of one-hour following cessation of operations each day d For welding, cutting or grinding clear away all flammable material from the area around such operation for a minimum distance of 10-feet A "hot-work° permd wdl be required. e Maintain one serviceable round point shovel with an overall length of not less than forty-suc (46) inches and one five (5) gallon backpack water pump-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. Contact the Fue Construction Services Und 909 477-2713 FSC-4 Fuel Modification/Hazard Reduction Plan (Required Notes for All Maps and Plans) 1 Hazardous Fire Area: This protect is located m the "Hazardous Fue Area° based on proximRy to or exposure urban-wddland interface Mitigation measures are required. The buddmg(s) shall be constructs accordance with the standards contained m the San Bemardmo County Fue Safety Overlay Distract-Are 1 or Area FR-2 2 Required Landscaping Plans: Landscaping plans shall be submMed to the Fue Construction Services Und for review of proposed vegetation All groundcover, shrubs, plants, and trees are regwred to be fire•resistive in accordance with three (3) published references Refer to the following web sde ,..... ~~..,..,.., „~tni ucnn ed~~il.aone/XIV/veoetati htm for adddional mformabon The plant palette shall naWe speaes proposed the applicant shall obtain program. The plan(s) I m~Ggation piamm~g es, 0-feet for slope 15°h or ire nmm~g) 3ilable, proposed hould be sensitive to o address then sting, include height apropnate, i e , u development property space, etc State on the •i • plan who will have ultimate responsibility for maintenance of fuel modification zones 4 Final Fuel Modification Pian: Pnor to the issuance of any building permit, the applicant shall obtain Fue District approval of a final fuel modificatron/hazard reduction plan and program The plan shall indicate the proposed means of achieving an acceptable level of risk to the structures by vegetation a Show each fuel modification zone (setback, irrigated, throning, and interface thinning) Indicate locations of permanent zone identification markers b Include ungation plans and specifications c Attach a landscape plan The landscape plan must identify the location and type of supplemental ', plantings The plans and specifications shall include both the common and botanical names of new and existing plants within the fuel modification area Clearly indicate on the plans the disposition of impacted existing vegetation d The landscape plan shall include any special or speafic maintenance intended for the site such as pruning, °climbing° up, mowing, etc e Describe the fuel modification methods to be used for vegetation removal, if appropriate, i e , mechanical or manual f Describe on the plan what exists up to not less than 600-feet beyond the site or development property line in all directions, i e , bwlt-up area, natural vegetation, roads, parks, green space, etc g State on the plan who will ultimate responsibility for maintenance of fuel mod~cahon zones h Include on the title sheet any tract/pro/ect conditions of approval, CC&R's, and/or deed restrictions related to the site or final fuel modification area Include a copy of the approved preliminary fuel modification plans with this submittal i Prowde an appropriate recorded document filed with the County Recorder showing continued maintenance responsibility in the event of property transfer, change in membership of directors, change in CC&R's ~ Maintenance responsibility requirements and appropriate recorded document filed with the County Recorder 5 Initial Inspection: Pnor to the issuance of a bwlding permit, the developer shall have completed, in cooperation wilh the Fire District, that portion of the approved fuel modfiication/hazard reduction plan determined to be necessary by the Fire Distract, before the introduction of any combustible materials into the protect area Approval is sub/ect to final on-sde inspection 6 Final Inspection and Documentation: Pnor to the issuance of any Certificate of Occupancy, the remainder of the fuel modification/hazard reduction plan shall be installed The Fire District shall inspect and approve the completed fuel mod cation areas Further, the instailed fuel modfiication plant pallet shall be established to a degree meeting the approval of the Fue DisVict The CC&R's shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation subfect to (annual) triennial inspections 7 Phased or Temporary Plans: Phased protects or temporary fuel mod cation plans must meet the requirements for permanent plans and be approved by the Fire D~stnct 8 Single-family In-fill Projects: For asingle-family dwelling pro/ect located in the Hazardous Fire Area, a simplified landscaping/fuel modification plan may be acceptable The plan shall detail the defensible space Prowde a minimum thirty-foot (30') space for slopes less than 15% and a minimum one hundred (100) feet space for slopes of 15% or more Show proposed and/or existing vegetation Refer to the following web site for further information- htto //www ucfpl ucoo edu/I-Zone/XIV/vegetate htm The Fue District can provide a single page sheet of standard¢ed notes for inclusion on the construction plans Call (909) 477-2713 to obtain a copy, and to determine if your protect is eligible FSC-5 Plan Submittal Regwred Notice Required plans shall be submitted and approved prior to construction in accordance with 2000/2001 Build Fire, Mechanical, and Plumbing Codes, 1999 Electrical Code, Health and Safety Code, Public Resources Code, and RCFPD Ordinances FD15 and FD39, Guidelines and Standards NOTE In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans FSC-6 Alternate Materials and Methods The Fire Construction Services Und will review requests for alternate materials and methods wthin the scope of our authority The request must be submitted on the Fire District "Application for Alternate Method' form along with supporting documents Contact the Fire Construction Services Und at (909) 477-2713 for assistance PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1 Public Fire Hydrants: Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. On the plan show all existing fire hydrants within a 600-foot radius of the pro/ect Contact the Fire Construction Services Und (909) 477-2713 2 Hazardous Fire Area Development: Hazardous Fire Area Development. Place a note on the plans statin -Prior to the issuance of a building permd, the applicant shall meet all requirements for development and construction within the designated "Hazardous Fire Area' The minimum standard adopted by the Fire District and the Cdy of Rancho Cucamonga is contained in the County Fire Safety Overlay Disfict Standards This standard includes provisions for the following a Class A roof assemblies, b Fuel modficahon/hazard reducton plans, c Approved Fire District access roadways, d. One-hour fire-resisWe construction for exterior walls may be required, e The required fire flow of minimum duration shall be provided from the public water system or an on-site water supply. 3 Architectural Plans- Single-family Residential Hazardous Fire Area: Prior to the issuance of a building permd the applicant shall submit architectural plans for the review and approval of the Fire Construction Services UnrL The fire Construction Services Unit review is intended to ensure that conditions established during the development review have been included in the design of the pro/ect. Contact the Fire Construction Services Unit (909) 477-2713 4 Fuel Modification Plan- Initial Inspection: Prior to the issuance of a building permd, the developer shall have completed, in cooperation with the Fire District, that portion of the approved fuel modrficatiorUhazard reduction plan determined to be necessary by the Fire District before the introduction of any combustible materials into the protect area Approval is subject to final on-site inspection Contact the Fire Construction Services Und (909) 477-2713 PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1 Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflectrve Hydrant Markers " On private property these markers are to be maintained in good condition by the property owner Contact Building and Safety/Fire Construction Services (909) 477-2713 2 Restricted Residential Access: Gated or access for all residential development, exceeding two (2) residences, shall comply wdh the following a All access gates shall be automatic opening b All automatic gates shall be provided with a Fire District approved, compatible traffic pre-emption device Approved devices are available from Opticom (3M), Fire Strobe 2000 (Access Products inr. 1. and Tomar Flectronirs Devices shall be installed in accordance wdh the manufacturer's • instructions and specifications c Installation of a Knox Rapid Entry System Key Box is requred to be installed adtacent to each gateman approved location , d Vehicle access gates shall be provided with an approved Fire District Knox Key Switch e The key switch shall be located in an approved location where clearly wsible and readily accessible f The gate shall remain in the open position for not less than 20-minutes and shall automatically reset g Fire Access only gates may be manually operated when approved by the Fire Construction Services Unit ` h Contact the Fire Construction Services UnR at (909) 477-2713 for speck details and ordenng information i Contact Fire Construction Services (909) 477-2713 for inspection 3 Address Single-family: New single-family dwellings shall post the address with minimum flinch numbers on a contrasting background The numbers shall be internally or externally illuminated dunng penods of darkness The numbers shall be visible from the street When bwlding setback from the public roadway exceeds 100 feet, additional 4-inch numbers shall be displayed at the property entry 4. Required Landscaping Plans: Landscaping plans shall be subm~ted to the Fire Constructibn Services Umt for rewew of proposed vegetation All groundcover, shrubs, plants, and trees are required to be fire- resistive in accordance with at least three (3) published references Refer to the following web site for addrtional information- htto //www ucfol ucop edu/I-Zone/XIV/vegetate htm The plant palette shall include the common name for air vegetation The landscaping plan shall identify all native speaes proposed for retention Contact the Fire Construction Servces Unit (909) 477-2713 5 Fuel Modification Plan- Final Inspection and Documentation: Pnor to the issuance of any Certificate of Occupancy, the remainder of the fuel mod~cation/hazard reduction plan shall be installed The Fire District shall inspect and approve the wmpleted fuel modification areas Further, the installed fuel modification plant pallet shall be established to a degree meeting the approval of the Fire District The CC&R's shall contain provisions for maintaining the fuel modfcation zones, including the removal of all dead and dying vegetation subject to (annual) iriennial inspections Contact the Fire Construction Services Unit (909) 477-2713 Items or Issues Not Identified Elsewhere 1 Automatic Fire Sprinklers are requued in all unit due to the length of the cul-de-sac Provide approved Alternative Method for mitigation Contact the Fire Construction Services Unit at 909~t77- 2713 to obtain the proper forms Fire District Forms and_ Letters Note: If these conditions are part of the final Standard Conditions issued by the Planning Division referenced Fire Distract forms and letters are not included Contact the Fire Construction Services Unit for copies of forms or letters. The forms and letter are also found in previously issued Fire Drstnct comments. T-~~I~~~ Fire Distract Kewew ~euei trac/- ~ euiyiaw SL 10/31/02 Revision D -~3 T H E C I T Y O F R A N C H O C U C A M O N G A Staff Report DATE May 12, 2004 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner gY Cathy Morris, Planning Speaalist SUBJECT CONSIDERATION TO INITIATE GENERAL PLAN AMENDMENT DRC2004-00371 -CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Very Low Residential (1-2 dwelling units per acre) for approximately 27 9 acres of land, located at the northwest and southwest corners of Victoria Avenue and East Avenue -APN 0227-051-30 and 31, 0227-061-38, 57, 70, 71, 72, 73, 74, 78, and 81, and 0227-121-38, 39, 40, 44, 45, and 46 Related file Etiwanda Speafic Plan Amendment DRC2004-00402 CONSIDERATION TO INITIATE ETIWANDA SPECIFIC PLAN AMENDMENT DRC2004-00402 -CITY OF RANCHO CUCAMONGA - A request to change the Etiwanda Speafic Plan land use designation from Low Residential (2-4 dwelling units per acre) to Very Low Residential (1-2 dwelling urnts per acre) for approximately 27 9 acres of land, located at the northwest and southwest corners of Victoria Avenue and East Avenue -APN 0227-051-30 and 31 and 0227-061-38, 57, 70, 71, 72, 73, 74, 78, and 81, and 0227-121-38, 39, 40, 44, 45 and 46 Related file General Plan Amendment DRC2004-00371 BACKGROUND There are 18 subtect lots, 10 with existing homes, and 3 that are currently in Grading Plan Check to develop asingle-family home on each These lots range in size from approximately 21,000 square feet to approximately 5 acres The current zoning of Low Residential (2-4 dwelling units per acre), requires that lots be a minimum of 10,000 square feet These current lot sizes far exceed the minimum lot sizes and in most cases, exceed the minimum lot sizes required for Very Low Residential (1-2 dwelling units per acre) These amendments were initiated in response to a letter and petition sent to Mayor Alexander The subtect neighborhood was concerned that 1 lot owner would attempt to divide their 30,000 square foot lot into 2 or more lots A copy of the letter and petition are attached (Exhibits "B" and "C") In addition, staff has recommended an extended study area for all East Avenue frontage property on the west side of the street and north of Victoria Avenue ANALYSIS Because of the existing lot dimensions, it would not be possible to subdivide the original 12 lots proposed by the petitioners and meet current Development Code and Etiwanda Items P & Q PLANNING COMMISSION STAFF REPORT DRC2004-00371 and DRC2004-00402 May 12, 2004 Page 2 Specific Plan basic development standards without making 9 out of the 12 lots flag lots Amending the General Plan and the Etiwanda Specific Plan from Low Residential (2-4 dwelling units per acre), to Very Low Residential (1-2 dwelling units per acre) would make the zoning of these lots consistent with the already existing lot sizes and conditions In addition, for consistency, the Commission may want to consider the extended study area RECOMMENDATION Staff recommends further study of the issue and the initiation of a General Plan Amendment and an Etiwanda Specific Plan Amendment Respectfully submitted, Brad Buller City Planner BB CM/fm Attachments Exhibit "A" - Site Plan Exhibit "B" - Letter dated February 26, 2004 Exhibit "C" - Petition ~~ ~-~ ORIGINAL ~~ EXTENDE ESP (ZONING) 0 VL L STUDY AREA STUDY AREA .~ Property Owner Petioners Exhibit "A" ~ SM ~f ~ _ 3 GPA DRC2004-00371 ESPA DRC2004-00402 VICTORIA AVENUE STUDY AREA REQUEST 10788 Civic Center Dnve Rancho Cucamonga, CA 91730 (909)980-0677 February 26, 2004 VIA HAND DELIVERY TO TEMPORARYRECEPTIONDESK Bill Alexander, Mayor Crty of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, CA 91729 RE V~ctorra Street, West of East Avenue, Etrwanda Dear Brad There are nine houses and two vacant lots on the portion of Victona Street running from East Avenue westward approximately 1,500 feet Eight of those houses are in the Low residential planning area and one is in Very Low All of the houses are on lots in excess of the VL minimum and the average is not only greater than the required VL average, but probably higher than the Estate Residential average The neighborhood was recently concerned that one lot owner would attempt to divide their 30,000 square foot lot into two or more lots As a result of those concerns, a petition was circulated in the neighborhood, asking that the land use map for the neighborhood be adjusted to change the Low designations to a Very Low designation I have enclosed the original, signed petition which consists of three pages with the same text, but different signatures The signatures represent eight of the nine houses The ninth house is vacant The former owner died and the new owner has not moved in yet. I am confident that the ninth homeowner will be willing to sign when the petition is presented to him I have not discussed this with the owner of the two lots, but one of the neighbors told me that he does not plan to subdivide ~~(~ -y Cvhihi+ "R" . Bill Alexander, Mayor February 26, 2004 Page 2 The homeowners who hve in the area west of East Avenue on Victona request that the City initiate a land use density change on the planning maps and a zoning change on the zoning maps, making the entire neighborhood (except lots facing East Avenue) VL instead of L Sincerely, 1 c~ ~ _ Wines" Banks, Jr ~1 JBJ paa Encl. ongina] pet~t~on, three pages cc Brad Buller, City Planner ~J ~ ~ ~ -s REQUEST FOR PLANNING AND ZONING CHANGES January 31, 2004 TO• Richard Macias, Chairman of the Planning Commission Richard Fletcher; Pam Stewart, Chnstme McPhail, Larry McNiel Members of the Planning Commission Exhibit "C" Brad Buller, City Planner FROM• homeowners on Victona Street east of East Avenue We, the undersigned, are the owners of all of the homes east of the Etiwanda Intenned~ate School on the south side of Victona and all the homes east of the recently sold Rodnguez property on the north side of Victoria, west of East Avenue All of our homes are on lots which are 30,000 square feet or more, with the average being closer to 45,000 square feet. Most of our homes are currently m a Low Demsity area of the Etiwanda Specific Plan We have been mfonned that in a Low Density area the lots are expected to average 15,000 square feet but they may be as small as 10,000 square feet We have also been informed that m the Very Low Density area the lots are expected to average 25,000 square feet but they may be as small as 20,000 square feet We believe that the current planning and zoning maps for our neighborhood are m error. We believe that the planning and zoning designations for our neighborhood should be Very Low We respectfully request that you m~tiate a planning and zoning change for our neighborhood, excluding parcels which face East Avenue ~ 4 Sa9.~ ~.a..,,,,v~ Q~ V~tl l~Vl~-w~ JS. j (La ~q,l J ~- na . REQUEST FOR PLANNING AND ZONING CHANGES January 31, 2004 TO' Richard Macias, Chairman of the Planning Commission Rtchard Fletcher, Pam Stewart; Christine McPhail, Larry McNiel Members of the Planning Commission Brad Buller, City Planner FROM• homeowners on Victoria Street east of East Avenue We, the undersigned, are the owners of all of the homes east of the Et~wanda Intermediate School on the south side of V~ctona and al] the homes east of the recently sold Rodriguez property on the north side of Victoria, west of East Avenue. All of our homes are on lots which are 30,000 square feet or more, with the average being closer to 45,000 square feet Most of our homes are currently m a Low Denisity area of the Etiwanda Specific Plan • We have been ~nfonned that m a Low Density area the lots are expected to average 15,000 square feet but they may be as small as 10,000 square feet We have also been informed that m the Very Low Density area the lots are expected to average 25,000 square feet but they may be as small as 20,000 -square feet We believe that the current planning and zoning maps for our neighborhood are m error. We believe that the planning and zoning designations for our neighborhood should be Very Low. We respectfully request that you initiate a planning and zoning change for our neighborhood, excluding parcels which face East Avenue ~tii~• ~ ` Q~C\ 13ar6 31.33 lTc ria S ' ~.ti--~----- vvr ~.-~-Q.o ~ 17 ~- /~~_ t/l~o ~2 r y S ~ _ ~+ (1 ~~ REQUEST FOR PLANNING AND ZONING CHANGES • January 31, 2004 TO: Richard Macias, Chairman of the Planning Commission Richard Fletcher, Pam Stewart, Chnshne McPhail, Larry McNiel Members of the Planning Commission Brad Buller, City Planner FROM homeowners on Victona Street east of East Avenue We, the undersigned, are the owners of all of the homes east of the Ettwanda Intermediate School on the south side of Victona and all the homes east of the recently sold Rodnguez property on the north side of Victoria, west of East Avenue All of our homes are on lots which are 30,000 square feet or more, with the average being closer to 45,000 square feet Most of our homes are currently m a Low Denisity area of [he Etiwanda Specific Plan We have been informed that in a Low Density area the lots are expected to • average 15,000 square feet but they may be as small as 10,000 square feet We have also been infonmed that m the Very Low Density area the lots are expected to average 25,000 square feet but they may be as small as 20,000 square feet We believe that the current planning and zoning maps for our neighborhood are m error We believe that the planning and zoning designations for our neighborhood should be Very Low We respectfully request that you initiate a planning and zoning change for our neighborhood, excluding parcels which face East Avenue Clar S, Mtari1la ('Yl i~ llacl ~ Pe.~crz 1323 Vicfona 5t 132" >' ~/,~+~"~ ~~" i'S~ x~ ~~7~¢;A-S- / 3 zao U ; ~~-o Rai u ~~' -t- c~ - ~