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HomeMy WebLinkAbout2007/01/10 - Agenda PacketTHE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA CuRcAM NGA JANUARY 10, 2007 - 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 Stewart Vice Chairman Fletcher • Macias _ McPhail _ Munoz II. ANNOUNCEMENTS III. APPROVAL OF MINUTES December 13, 2006 Regular Meeting Minutes IV. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non-controversial They wdl be acted on by the CommlSSlon atone time without discussion If anyone has concern over any item, it should be removed for d~scuss-on A RECOMMENDATION FOR QUIT CLAIM OF VEHICULAR ACCESS RIGHTS ALONG ETIWANDA AVENUE FOR LOT 39 OF TRACT 12870 - CITY OF RANCHO CUCAMONGA THIS PROJECT WILL BE FORWARDED TO THE CITY COUNCIL FOR FINAL ACTION • 1 of d PLANNING COMMISSION AGENDA JANUARY 10, 2007 RANCxo CUCAMONGA V. PUBLIC HEARINGS The following -tems are publ-c hearings -n wh-ch concerned -nd-v-duals may voce the-r op-n-on of the related project Please wa-t to be recogn-zed by the Cha-rman and address the Comm-ss-on by stating your name and address All such op-n-ons shall be 1-m-ted to 5 minutes per -nd-v-dual for each project Please s-gn -n after speak-ng B ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-01060 - PITASSI ARCHITECTS FOR THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION -Review of Site Plan and Building Elevations for 40, three-Bedroom, apartment units on 1 75 acres of land m the Medium-High Residential District (14-24 dwelling units per acre), located immediately east of the existing Rancho Verde Village multiple-family residential development at the southerly terminus of Sierra Madre Avenue -APN 0207-254-67 and 68 Related file Housing Incentive Agreement for East Rancho Verde Village DRC2006- 00916 C ENVIRONMENTAL ASSESSMENT AND HOUSING INCENTIVE AGREEMENT FOR EAST RANCHO VERDE VILLAGE DRC2006-00916 - PITASSI ARCHITECTS - Review of proposed Housing Incentive Agreement to implement Development Review DRC2005-01060 by modifying certain development standards for the construction of 40 workforce apartment units on vacant property in Medium-High Residential District (14-24 dwelling units per acre), located immediately east of the existing Rancho Verde Village multiple family residential development at the southerly terminus of Sierra Madre Avenue -APN 0207-254-67 & 68 This item will be forwarded to the City Council for final action D ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18033 - WEINBERGER - A request to subdivide 9 9 acres of land into 13 lots in the Very Low Residential District (1-2 dwelling units per acre), located south of Banyan Street and east of East Avenue -APN 0225-191-09 and 17 Related file Tree Removal Permit DRC2006-00309 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration CONTINUED FROM THE OCTOBER 25, 2006 MEETING • • • 2 of 4 • • • - PLANNING COMMISSION AGENDA JANUARY 10, 2007 R~cHO CUCAMONGA VI. PUBLIC COMMENTS Th-s -s the time and place for the general publ-c to address the commission Items to be discussed here are those that do not already appear on this agenda VII. COMMISSION BUSINESS/COMMENTS E HIGH RISE ORDINANCE PRESENTATION BY THE FIRE DISTRICT VIII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11 00 p m adjournment frme /f items go beyond that time, they shall be heard only with the consent of the Commission I, Lors J Schrader, Planning Commission Secretary of the Crty of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on , at least 72 hours prior to the meeting per Government Code Section 54964 2 at 10500 Civic Center Dave, Rancho Cucamonga ~ ~ ~'t ~ 1 y If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750 Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility Listening devices are available for the hearing impaired INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view To allow all persons to speak, given the length of the agenda, please keep your remarks brief If others have already expressed your position, you may simply indicate that you agree with a previous speaker If appropriate, a spokesperson may present the views of your entire group To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience 3 of 4 PLANNING COMMISSION AGENDA RANCHO JANUARY 10, 2007 C„~UCAMONGA The public may address the Planning Commission on any agenda item To address the Planning Commission, please come forward to the podium located at the center of the staff table State your name for the record and speak into the microphone After speaking, please sign in on the clipboard located next to the speaker's podium It is important to list your name, address and the agenda item letter your comments refer to Comments are generally limited to 5 minutes per individual If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments " There is opportunity to speak under this section pnor to the end of the agenda Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners All requests for items to be placed on a Planning Commission agenda must be in writing The deadline for submitting these items is 6 00 p m Tuesday, one week prior to the meeting The Planning Commission Secretary receives all such items AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730 These documents are available for public inspections during regular business hours, Monday through Thursday, 7 00 a m to 6 00 p m ,except for legal City holidays APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $1,747 for maps and $1,842 for all other decisions of the Commission (Fees are established and governed by the City Council) Please turn off all cellular phones and pagers while the meeting is in session Copies of the Planning Commission agendas and minutes can be found at http //www ci rancho-cucamoncta ca us • • • 4of4 VICINITY MAP ~ Planning Commission January 10, 2007 • ~ Meeting Location N City Hatl 10500 Civic Center Dnve STAFF REPORT Engineering Department RANCHO CUCAMONGA DATE: January 10, 2007 TO: Chairman and Members of the Planning Commission FROM: William J O'Neil, City Engineer BY: Erica Darplee, Management Analyst II SUBJECT: RECOMMENDATION TO QUITCLAIM VEHICULAR ACCESS RIGHTS ALONG ETIWANDA AVENUE FOR LOT 39 OF TRACT NO 12870 BACKGROUND/ANALYSIS Staff is recommending the quitclaim of vehicular access rights for the property owner of Lot 39 of Tract No 12870, thereby enabling the construction of a driveway and alternate access to the north end of the property along Etiwanda Avenue In 1993, the property owner of said lot, Mr Don Dlugos, was issued a City building permit and constructed an additional garage and concrete slab to house personal property and vehicles on the north end of the home, directly adjacent to a community and private equestrian trails The • community and private trails have access off of Etiwanda Avenue At the time, Mr Dlugos requested permission to build additional vehicular access, via a driveway off of Etiwanda Avenue, but was denied due to the vehicular restrictions outlined in the Etiwanda Master Plan He proceeded to build the additional garage and pad, utilizing access to this area via the adjacent community and private trails A resident residing directly north of Mr Dlugos raised concerns about Mr Dlugos utilizing the trails for vehicular access and these two individuals have been in and out of City Hall over this issue As a compromise, staff suggested to Mr Dlugos the building of an additional access via Etiwanda Avenue and both residents have been agreeable to this solution RECOMMENDATION Since Mr Dlugos has been utilizing the community and private trails for over ten years, quitclaiming the vehicular access rights and allowing Mr Dlugos a driveway off Etiwanda Avenue will not increase vehicular access to Etiwanda Avenue Therefore, staff recommends that the Planning Commission make the finding, through minute action, that this quitclaim is in conformance with the General Plan This finding will be forwarded to the City Council for further process and final approval Resp~ct~ully submitted, ~;~~;~, William J O'Neil • City Engineer DJ ED Attachments Vicinity Map Item A Exhibit 'A' Vicinity Map ~,n Qfl~ L of 3 °I Try c~ 1~ o , i ~~~d N W E S • ~a 1 • T H E C I T Y O F RAN CHO~~CUCAMONGA Stiff Report DATE January 10, 2007 TO Chairman and Members of the Planning Commission FROM James R Troyer, AICP, Planning Director BY Michael Diaz, Senior Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-01060 - PITASSI ARCHITECTS FOR THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION -Review of Site Plan and Building Elevations for 40, three-bedroom, apartment units on 1 75 acres of land in the • Medium-High Residential District (14-24 dwelling units per acre), located immediately east of the existing Rancho Verde Village multiple-family residential development at the southerly terminus of Sierra Madre Avenue - APN 0207-254-67 and 68 Related file Housing Incentive Agreement for East Rancho Verde Village DRC2006-00916 SUMMARY The Southern California Housing Corporation is proposing to construct 40 new affordable apartment units and a community center/laundry building on approximately 1 75 acre of vacant property adtacent to the east side of the existing Rancho Verde Village apartment complex located at 8837 Grove Avenue In order to meet the desired goal of providing affordable units for families and make the proposed protect economically feasible, the protect also includes an Affordable Housing Incentive Agreement that requests modifications to the specific development standards described therein The plans presented for Planning Commission review have been designed with the modified standards identified m the draft Affordable Housing Incentive Agreement The Planning Commission's approval of this protect will be contingent upon City Counal approval of the associated Affordable Housing Incentive Agreement PROJECT AND SITE DESCRIPTION A Project Zoning and Density Medium-High Residential (14-24 dwelling units per acre) The protect density is proposed at 22 8 dwelling units per acre • Item B PLANNING COMMISSION STAFF REPORT DRC2005-01060 -SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 2 B Surrounding Land Use and Zoning North - Modest single-family homes in the Low Density Residential District (2-4 dwelling units per acre) South - BNSF/MetroLink Line in the zoned General Industrial (Subarea 1) zone, and Single-Family Residential in the City of Ontario East - Modest single-family homes in the Low Density Residential District (2-4 dwelling units per acre) West - Existing Rancho Verde Apartment complex and mixture of single- and multiple-family development across Grove Avenue in the City of Upland C General Pian Designations Project Site - Medium-High Residential (8-14 dwelling units per acre) North - Low Density Residential (2-4 dwelling units per acre) South - General industrial East - Low Density Residential (2-4 dwelling units per acre) West - Medium-High Residential D Site Characteristics The project site is approximately 1 75 acre in size and largely vacant except for an existing vacant (dilapidated) house that will be removed The site slopes gradually to the southwest E Parking Calculations Un-t S-ze Parking Rat-o ~~ ~.. Number of Covered Spaces Requ-red Number of Covered Spaces Prov-ded 3-Bedroom 2 Spaces Per Unit 80 82* Visitor 1 space per 4 Units 10 7 Totals 90 spaces 89 spaces * 42 s aces -n ara es and 40 s aces -n car orts The three visitor spaces not accounted for in the table above will be provided within the existing complex which has a surplus of 50 spaces ANALYSIS • • A General The Southern California Housing Corporation is proposing to develop 40 new affordable apartment units and a 10,300 square foot community center/laundry building adjacent to and connected with the existing Rancho Verde Village apartment complex The project and existing complex is owned and operated by Southern California Housing Corporation A vacant house will be removed from the site to accommodate the proposed project Access to the project will be from Grove Avenue, with an emergency access from Sierra Madre Avenue Also included will be new cul-de-sac street improvements to Main Street and Sierra Madre Avenue, which abut the site on the east and north sides, respectively No access to Main Street is proposed ,~-~- PLANNING COMMISSION STAFF REPORT DRC2005-01060 -SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 • Page 3 The new units will be located in two, 3-story buildings that have an open courtyard, plus four units above the Community Center Each new unit will have three bedrooms and a floor area ranging from approximately 1,100 to 1,300 square feet Covered parking will be provided in garages (42 spaces) and carports (40 spaces) located against the south and east boundaries of the site m buildings with seven single-car garages each The carports and guest parking spaces are located on the north property line and around the interior of the site The design of the new units is a contemporary interpretation of the Spanish/Mediterranean architectural style compatible with the existing Rancho Verde Village apartment complex However, unlike the design of the existing units, the new building design features clay the hip roofs and trimmed out windows and door openings The exterior walls are clad m stucco typically associated with the proposed style The landscaping and recreational amenities appear to be well distributed around the site Perimeter walls around the protect site will be 8 to 10 feet tall and constructed of slump stone to match existing walls B Design Review Committee The protect was reviewed by the Design Review Committee (Fletcher, McPhail, Coleman) on October 31, 2006 Plans prepared for the protect and presented to the Commission reflected the modified standards With only minor items to discuss/resolve, the Committee found the architect's responses to be appropriate and moved to grant conceptual approval • C Grading and Technical Review Committee The protect was reviewed by the Committee on October 31, 2006 At the time, the Committee did not approve the Grading and Drainage Plans pending the submittal of further information The item was reviewed again on November 14, 2006, at which time the outstanding items were resolved to the satisfaction of the Building and Engineering Departments, and the plans were conceptually approved D Environmental Assessment An Initial Study was prepared for the entire protect and released for public review on December 11, 2006 Based on the findings of the Initial Study, staff determined that the protect could have a potentially significant adverse environmental impact unless reduced to a level of less-than-significant by the implementation mitigation measures Areas identified as subtect to potential environmental impacts were in Cultural Resources, Hydrology and Water, Noise, Air Quality (short-term during site preparation), and Geology and Soils Proposed mitigation measures have been included as conditions of approval for the protect Therefore, a Mitigated Negative Declaration is proposed for the protect E Neighborhood Meeting Two neighborhood meetings to discuss the proposed protect with adtacent residents were held in April 2005 and on June 22, 2006 (six residents attended each meeting) At both meetings, the residents were generally supportive of the protect as they saw the new development as an opportunity to improve the neighborhood by eliminating the vacant lot and house that served as an attractive nuisance for unlawful activity Among the items discussed during the meeting were questions regarding security, exterior lighting, height of perimeter walls, timing for the protect, and street improvements • A copy of the minutes from the June 22, 2006, meeting is attached ~-3 PLANNING COMMISSION STAFF REPORT DRC2005-01060 -SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 4 PUBLIC NOTICE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within 600-foot radius of the project site A total of 130 notices were mailed Two residents from Main Street contacted staff to review plans and indicate their desires regarding perimeter wall heights and maintenance of wall/graffiti removal from the new wall along their street STAFF RECOMMENDATION Staff recommends the approval of Development Review DRC2005-01060 through adoption of the attached Resolution of Approval Respectfully submitted, ~~ mes R Troyer, AICP Planning Director JRT MPD/ma Attachments Exhibit A - Project Plans • Exhibit B -Neighborhood Meeting Minutes dated June 22, 2006 Exhibit C -Initial Study Parts I and II Draft Resolution of Approval for Development Review DRC2005-01060 • 09o~o-sooa~ ~aa • ~~ 8 ~Z- ~ ~_ a ~ ey pp 99 ~y9S¢ V Z L~ r 0 ~a"a8{ U ~8€~E ~ ~ ~ ~ ~ ~ s# Q ® Q .z¢ <_ I tl ~C~s~ ~ _~ ~ cn ~ ~ ^~ ~ ~ i ~~~ ~ YiJ 0.. ? ~h~] fwl V ~` `\ •~ O ~ L ~ ~ o O , ~ ~''~ U i ~ ~ ~ ~ ~ V E o ~~ ~ ~ U o ,~, U O II'' 11 C ~ ~V N ~ ~ ~(yy ~k .r~- ~ m ~ rp U v 'd C O m o Z ~ p ` L ~ ~ O _~ e~ U ~ ~ W~ ~_ c ° `c° N c`3 E ¢ < -~ ~- E c ~ a ~ ~ O w F- cI') oso~o-sooz# oaa i xl ~ I e ~ f ~ ~ 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APN 0207-254-67 and 68 PROJECT DESCRIPTION DEVELOPMENT REVIEW DRC2005-01060- PITASSI ARCHITECTS FOR THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION -Review of Site Plan and building elevations for 40 three-bedroom apartment units on 1 75 acre of land in the Medium High Residential District (14-24 dwelling units per acre), located immediately east of the existing Rancho Verde Village multiple-family residential development at the southerly terminus of • Sierra Madre Avenue - APN 0207-254-67 and 68 After reviewing the Initial Study and any applicable mitigating measures for the protect, the staff has determined that this protect will not have a significant effect on the environment Accordingly, a Mitigated NEGATIVE DECLARATION has been prepared A public hearing will be held by the Planning Commission to consider this proposed Mitigated NEGATIVE DECLARATION on January 10, 2007, at 7 00 p m at the Rancho Cucamonga Civic Center, Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga Public comments on the Mitigated Negative Declaration will be received by the City beginning on December 11, 2006, through January 10, 2007 Copies of all relevant material, including the protect specifications and all documents referenced in the Mitigated Negative Declaration, are available for public inspection at Rancho Cucamonga Civic Center, Planning Department, 10500 Civic Center Drive, Rancho Cucamonga The protect site _ is Xis not listed on any list of hazardous waste sites prepared pursuant to Government Code Section 65962 5 Any information contained in a Hazardous Waste Substances Statement is attached to this Notice ~ r`~'~l Date January 10 2007 gy Senior Planner ~n C O e-~ O O N A O O W A h~ A H 'O r U M ,0., ~ O ~ ~ Q, bo O O ~ O m --~ M (~ 'V O O M M 'J Vr M o ~ ~ M r- r r ~ ~ r ~ ~ Cl, N _ N _ ^-~ _ -~ ~ D\ a\ U O~ U U ~ Q, D\ O~ ~ U U U U U U U U U U U O cy b rn cy b cO b eC C V ~ O~ ~ O "+ O O O_ ~ O O _O ~ C, U cd ~ ~ ~ O U cd U « 3 c~J ~ U c7 ~ ^y 7 ~ ..., ^ cJ ~ _ c3 ~ ^ C cd ~ ~ q w U CY, O U U rx U cYi U O O C~ U N '~ ^O C b U C O ~ ,~ h ~ N w. w cC C ~ W N ~ ~ ~ y U ~ N U _ ~ ~ id ~ ~ ", 'b ~ ~ o o Q ~ Q ~ C ° Z 3 Q ~ a ~ ~ c W .~ q U o y U L o y ~ ~ W a ~~ ~ ~ c °o r ~ °~ ,~ > ,~ O O ~ ~ -' a~ ~ > °n¢ 'w °~ °~¢ "' a w °U ° U ° N~ ~Q ~ ~ w A b ~ bA bA O ~ p a> ~ o O _ a G E o _ C o ~_ ~ O cd .. .. 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The project application will not be deemed completes ` unless the identified special studies/report`s arm submitted for =review and accepted as~ complete and adequate, The project application will not,bescheduled for Committees''- review unless all required 'reports are„ submitted, and deemed complete _for staff to, prepare the Initial Study, Part'1!'as required by `CEQA. ~ In addition to .the filing fee, the applicant~will be; responsible,to pay or reimburse the City, its agents, officers, and/or~ _'consultants, for all= cos#s for the' preparation, 'review,` analysis, recommendations, ' mitigations,'etc., of any special studies or reports ,, ~, , ;'~~ ~ ' ~ y GENERAL INFORMATION; Application Number for the project to which this form pertains BE PROCESSED Please note that rt is the responsibility of the applicant to ensure that the application is complete at the time of submittal, Crty staff wdl not be available to perform work required to provide miss-ng rnformat~on Pro~ectTitle East Rancho Verde Village Name&Addressofpro~ectowner(s) Southern California Housing Development Corp. 9065 Haven Avenue, Suite 100 Rancho Cucamonga, CA 91730 Name & Address of developer orpro~ect sponsor Southern California Housing Development Corp. 9065 Haven Avenue, Suite 100 Rancho Cucamonga, CA 91730 • 11PLANNINGIFINALIFORMS\COUNTER\Inilaal Study Part1 docPage 1 of 10 Rev 3!17/04 ~~~~ ContactPersonBAddress Lesley Edwards, Project Manager, Southern California Housing Development Corp., 9065 Haven Avenue, Suite 100, Rancho Cucamoi-~ga, CA 91730 Name & Address of person preparing this form (~fdrfferent from above) Curtis Dahle, AIA, Pitassi Architects, Inc., 8439 White Oak Avenue, Suite 105, Rancho Cucamonga, CA 91730 Telephone Number (9 0 9) 9 8 0 -1 3 61 Information indicated by an asterisk (") rs not required ofnon-construction CUP's unless otherwise requested by staff '9) Provide a full scale (8-1/2 x 17) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries 2) Provde a set of color photographs that show representative views into the site from the north, south, east, and west, wews into and from the site from the primary access points that serve the site, and representative wews of significant features from the site Include a map showing location of each photograph 3) Pro~ectLocation(describe) Vacant lot east of existing apartment complex at 8837 Grove Ave.; south of Sierra Madre Ave. terminus; north of BNSF/Metrolink Rail Line; and west of Main Street terminus. 4) Assessor's Parcel Numbers (attach additional sheet if necessary) 207-254-67 and 207-254-68 *5) Gross Site Area (ac/sq ft) 1 .7 5 4 acres / 7 6 , 3 9 0 s , f . "6) Net Srte Area (total site size minus area of public streets & proposed ded~cat~ons) 1.754 acres/76,390 s.f. 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach add~t~onal sheet if necessary) None. I \PLANNING\FINAL\FORMS\COUNTER\Irntial Study Part1 docPage 2 of 10 Rev 3/17/04 pJ~~'I • • • 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project Street Vacation Approval, Lot Line Adjustment, Development • Review Approval, Grading Permit, and Building Permit. 9) Describe the physical setting of the site as rt exists before the project including information on topography, sal stability, planfs and animals, mature trees, trails and roads, drainage courses, and scenic aspects Describe any exrsfing structures on site (including age and condition) and the use of the structures Attach photographs of significant features described In addition, cite all sources of information (~ a ,geological and/or hydrologic studies, biotic and archeological surveys, traffic studies) The Site consists of two parcels of land - one vacant lot, and one lot with an existing single family residence - and an incomplete asphalt paved cul-de-sac street. The topographic conditions are generally flat, with a 1$ slope north to south. The soil consists of gravelly silty sand with some pebbles and cobbles (Geotechnical Report #LP05056 by Landmark Consultants, Inc., dated April 20, 2005). • The vegetation on the vacant lot is native dry grasses and weeds with no trees present. The existing residence property has minimal landscaping (mostly native dry grasses) and only two mature trees with no heritage value. The existing residence is approximately 40 years old and has no historic or cultural significance. 70) Describe the known cultural and/or historical aspects of the site Crte all sources ofrnformabon (books, publrshedreports and oral history) None. • I \PLANNINGIFINALIFORMSICOUNTER11rnt~al Study Part1 docPage 3 of 10 Rev 3/17/04 ~w 7 7) Describe any Horse sources and them levels that now affect the srte (arrcraft, roadway noise, etc) and how they will affect proposed uses Minor traffic noise from Grove Avenue approximately 800 ft. west of project site, and from Eighth Street 150 ft. south of site. • Intermittant noise from regularly scheduled train traffic on Metrolink Railroad Line due south of site. 72) Describe the proposed project rn detail Thrs should provide an adequate descnptron of the site rn terms of ultimate use that w~l/ result from the proposed pra~ect Indicate rf there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment Attach additional sheet(s) -f necessary Development of 40 three-bedroom affordable apartments and a community/recreation building on a 1.754 acre site adjoining an existing 248 unit affordable apartment complex on Grove Avenue. The vehicular access drive which loops around the existing apartment complex will be modified by eliminating the portion between the new and existing sites, and extending it around three sides of the new project (thereby providing a continuous vehicular access drive around the two adjoined sites). Parking for the new apartments will be accommodated by providing detached garage buildings along the south and east property lines, and free-standing carports on the opposite side of the drive aisle. The area between the new and existing apartment buildings will be converted to • landscaped recreation space for use by the entire apartment complex. 73) Describe the surrounding properties, including rnformafron on plants and animals and any cultural, historical, or scenic aspects Indicate the type of land use (residential, commercial, etc ), intensity of land use (one-family, apartment houses, shops, department stores, etc) and scale of development (height, frontage, setback, rear yard, etc ) The properties to the north and east of the project site are one-story single family residences. To the south is the railroad right-of-way and vacant property zoned for light industrial use. To the west is the existing apartment complex with three story buildings (Parking @ ground floor level; two levels of apartments above; finish grade on three sides of each apt. bldg raised to first floor of apt. units) 74) ill the proposed project change the pattern, scale, or character of the surrounding genera! area of the project No. I \PLANNING\FINAL\FORMS\COUNTER11rntlai Study Part1 docPage 4 of 10 Rev 3/17/04 15) Indicate the type ofshort-term and long-term Horse to be generated, rncludmg source and amount How wdl these noise levels affect adjacent properties and on-site uses What methods of soundproofing are proposed Short term moderate levels of noise will be generated from grading • and construction activities. Hours of construction will be limited to that allowed by City Ordinance. No long term noise anticipated from new apartment project. "16) fndicateproposedremovalsand/or replacements of mature orscen-ctrees proposed removal of two existing mature trees (no scenic or heritage value determined) on existing residential site. Project will include installation of ~ new canopy and accent trees throughout site, as required by City Ordinance. 17) lnd~cate any bodes of wafer (including domestic water supplies) -nto which the site drams None. Site drainage surface flows to eventually reach City storm drain system. 18) Indicate expected amount of water usage (See Attachment A for usage estimates) For further c/anfication, please • contact the Cucamonga Valley Water Drstnct at 987-2591 a Residential (gal/day) 1 0, 2 4 0 Peak use (gal/Day) 2 0, 4 8 0 b Commercial/Ind (gal/day/ac) Peak use (gal/mrn/ac) 19) Indicate proposed method of sewage disposal ^ Sephc Tank ^ Sewer if septic tanks are proposed, attach percolaf~on tests If discharge to a sanitary sewage system rs proposed indicate expected daily sewage generation (See Attachment A for usage estimates) For further clarification, please contact fhe Cucamonga Valley Water District at 987-2591 a Res-den6al (gal/day) 7, 6 0 0 b Commercial/lndustnaf (gal/day/ac) RESIDENTIAL PROJECTS: 20) Number of resrdentra/ units 4 0 Detached (~nd~cate range of parcel sizes, minimum lof size and maximum lot size Attached (indicate whether units are rental or for sale units) . Low-income rental units. I \PLANNINGIFINALIFORMS\COUNTER1lrntial Study Part1 docPage 5 of 10 Rev 3/17/04 ~~`,f 21) Anticipated range of sale paces and/or rents Sale Pace(s) $ to $ Rent (per month) $ 4 2 2 / mo , to $1 , 0 4 8 / mo . • 22) Specify number of bedrooms by un-t type Unit Type 'A' 3 Bedroom Unit Type 'B' 3 Bedroom Unit Type 'C' 3 Bedroom Unit Type 'D' : 3 Bedroom 23) Indicate anticipated household size by unit type Maximum 5 persons/3 Bedroom Apartment . 24) Indicate the expected number of school children who w~l/ be residing within the project Contact the appropriate School Districts as shown in Attachment B a Elementary 5.18 b Junior High 2 . 1 c Senior H-gh 3 . 4 • COMMERCIAL, INDUSTRIAL. AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and mayor function(s) of commercial, mdustnal or institutional uses 26) Total floor area of commercial, mdustnal, or institutional uses by type 27) Indicate hours of operation 28) Number of employees Total Maximum Shift • Time of Maximum Shift I \PLANNING\FINAL\FORMS\COUNTER\Initial Study Part1 docPage 6 of 10 Rev 3h 7/04 ~~ 29) Provide breakdown of anticipated~ob classrficafrons, including wage and salary ranges, as well as an rnd~cation of the rate of hire for each classification (attach additional sheet rf necessary) • 30) Estimation of the number of workers to be hued that currently reside rn the City *31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emrss-ons (Data should be verified through the South Coast Arr Quality Management District, at (818) 572-6283) ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine their abrl-ty to prowde adequate serwce to the proposed pro~ect~ If so, p/ease indicate them response Yes. Adequate services can be provided to this project. 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, radioactive substances, pesf~crdes and herbicides, fuels, oils, solvents, and otherflammable liquids and gases Also note underground storage of any of the above Please Irst the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, ii known No known history of use, storage, or discharge of hazardous and/or toxic materials on subject property. I \PLANNINGIFINALIFORMS\COUNTER\IrnUal Study Part1 docPage 7 of 10 Rev 3/17/04 ~~'" 34) ill the proposed project involve the temporary orlong-term use, storage, or discharge ofhazardous and/ortoxrc matenals, including but not limited to those examples listed above If yes, provide an inventory of a!1 such matenals 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 No. . thereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my abrl~ty, that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief 1 further understand that additional informafron maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga ~_ Date ~G(i, 5 , 2Gb~J' Signature I Title Prod ect Architect • I \PLANNING\FINALIFORMSICOUNTERiIrniJal Study Part1 docPage 8 of 10 Rev 3/17/04 ~~~ ATTACHMENT "A" CITY OF RANCHO CUCAMONGA • ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single-Famlly MultrFamily 705 gallons per EDU per day 256 gallons per EDU per day Neighborhood Commerclal General Commerclal Office Professional Institutional/Government Industrial Park Large General Industnal Heavy Industnal (distribution) 1000 gal/day/unit (tenant) 4082 gal/day/unit (tenant) 973 gal/day/unit (tenant) 6412 gal/day/unit (tenant) 1750 gal/day/unit (tenant) 2020 gal/day/unit (tenant) 1863 gal/day/unit (tenant) Sewer Flows Single-Famlly • Multi-Family 270 gallons per EDU per day 190 gallons per EDU per day General Commerclal Office Professlonal Industnal Park Large General Industnal Heavy Industnal (dlstrlbutlon) 1900 gal/day/acre 1900 gal/day/acre Institutional/Government 3000 gal/day/acre 2020 gal/day/acre 1863 gal/day/acre Source Cucamonga Valley Water D/str~ct Engineering & Water Resources Departments, Urban Water Management Plan 2000 • I \PLANNING\FINAL\FORMS\COUNTER1lnitial Study Part1 docPage 9 of 10 ~'U U Rev 3117/04 ATTACHMENT B Contact the school district for your area for amount and payment of school fees Elementary School Districts Alta Loma 9350 Base Llne Road, Sulte F Rancho Cucamonga, CA 91730 (909)987-0766 Central 10601 Church Street, Sulte 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909)987-8942 Etlwanda 6061 East Avenue P O Box 248 Rancho Cucamonga, CA 91739 (909)899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909) 988-8511 • • • I \PLANNING\FINALIFORMS\COUNTER1lnitial Study Part1 docPage 10 of 10 ~ Rev 3117/04 ~~ HAZARDOUS WASTE SITE STATEIU~ENT • I have been informed by the City of Rancho Cucamonga of my responsibilities pursuant to California Government Code Section 65962 5 (copy attached) to notify the City as to whether the site for which a development application has been submitted is located within an area which has been designated as the location of a hazardous waste site by the Office of Planning and Research, State of California (OPR) I have also been informed by the City of Rancho Cucamonga that, as of the date of executing this Statement, OPR has not yet compiled and distrubted a list of hazardous waste sites as required by said Section 65962 5 I am informed and believe that the proposed site for which a development application has been submitted is not within any area specified in said Section 65962 5 as a hazardous waste site. I declare under penalty of perjury of the laws of the State of California that the • foregoing is true and correct. Dated ~ ~1 ~~O 5 -----_ Ap~p~liJCant J /~~ L ~'~O MEMORANDUM DATE August 13, 1990 TO Applicants FROM Dan Coleman, Principal Planner SUBJECT HAZARDOUS WASTE AND SUBSTANCE SITES Effective July 1, 1987, Government Code Section 65962 5 requires each applicant for any development project to consult the State list of Hazardous Waste and Substance Sites Based upon this list (available from the Planning Division) the applicant is required to submit a signed statement to the City of Rancho Cucamonga indicating whether the project is located on a site which is included on the list before the City accepts the application as complete If the project site is listed by the State as a hazardous waste or substance site, the applicant must fully describe the nature of the hazard and the potential environmental impacts on the Initial Study, Part I Attached is a standard statement for the applicant to sign The State list of Hazardous Waste and Substance Sites may be reviewed at the City of • Rancho Cucamonga Planning Division offices, located at 10500 Civic Center Drive Attachment Statement Form • ~'~ ~ ~ W ? ~ ~ . ; ~ :a P ~ lk~ i 1 x ~r ~, ~ '- f TAM;;? 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'~ ~..,~ ~ '` `r'. .~~ r , ~~1a ~,~_ i i -~ ~~ ~ ~. ~ ~ a m ,~ ~.~~ `f ~~ ~ "~ `,; G= , u_ -4 r ~ *~ s"~- .~ _ .._.~: ~ ~ '~~~ L~IM ice' a"6. ~ ~ ~ ~ e~~ w 0 N c~ a U O 3 0 b '~` ~ a r o 3 L N o > >: ~-v (p ~ ~ C -0 N Q L v ~ ~ u v z ~ ~ 0 rn v v 0 v E v c c m ro s L} 0 J .c rl! ~~ J ro ~ ~ O} L L' a~ n ~~ 0 0 N s • O v u. w ~~ • City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART Ii BACKGROUND Project File Development Review DRC2005-01060 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2005-01060 - PITASSI ARCHITECTS FOR THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION -Review of Site Plan and building elevations for 40 three-bedroom apartment units on 1 75 acre of land in the Medium High Residential District (14-24 dwelling units per acre), located immediately east of the existing Rancho Verde Village multiple-family residential development at the southerly terminus of Sierra Madre Avenue - APN 0207-254-67 and 68 2 Related Files DRC2006-00916 for Affordable Housing Incentive Agreement Description of Project The Southern California Housing Corporation is proposing to develop 40 new affordable apartment units and a 10,300 square foot community center/laundry building adtacent to the east side of its existing Rancho Verde Village apartment complex The protect is intended to tie in with the existing complex owned and operated by Southern California Housing Corporation located • immediately west of the subtect site The existing complex is a combination of market rate and affordable units A vacant house will be removed from the site to accommodate the proposed protect Access to the protect will be from Grove Avenue, with an emergency access from Sierra Madre Avenue Also included will be new cul-de-sac street improvements to Main Street and Sierra Madre Avenue which abut the site on the east and north sides, respectively The new units will be located in two, 3-story buildings that have an open courtyard, plus 4 units above the Community Center Each new unit will have 3 bedrooms and a floor area ranging from approximately 1,100 to 1,300 square feet Required parking for the protect is 90 spaces (10 for visitors) and a total of 89 parking spaces are provided as follows 42 in detached garages, 40 in carports, and 7 for required guest parking spaces The garage spaces will be located against the south and east boundaries of the site in buildings with 7 single-car garages each The carports and guest parking spaces are located on the north property line and around the interior of the site Affordable Housing Incentive Agreement (hereafter the Agreement) Under State law, cities are required to provide development incentives for the development of affordable housing units within its Jurisdiction Typically, these incentives included extra density and/or relaxed development standards ~n exchange for the creation of affordable units However, with this protect, the applicant is requesting incentives to relax specific development standards to make the proposed protect economically feasible for creating the 40 affordable units The applicant has submitted an application requesting City approval of a proposed Affordable Housing Incentive agreement (hereafter the agreement) that identifies the specific areas where development standards will be amended for the protect The agreement addresses required minimum lot size for development at the density requested, setbacks from adtacent single-family • properties, interior building setback/separation, visitor parking, and perimeter wall height The proposed agreement will be considered by the City Council If the agreement is approved by the City Council, the protect will be able to proceed as proposed If the Council does not approve the agreement, the protect will have to be revised or abandoned ~~~-f Initial Study for City of Rancho Cucamonga DRC2005-01060 -RANCHO VERDE APARTMENTS Page 2 4 Protect Sponsor's Name and Address Southern California Housing Development Corporation 9065 Haven Avenue, Suite 100 Rancho Cucamonga, CA 91730 5 General Plan Designation Medium High Residential (14-24 Units per Acre) 6 Zoning Medium High (MH) 7 Surrounding Land Uses and Setting (Briefly describe the project's surroundings) The protect site consists of an open field adjacent to the east side of the existing apartment complex, with an existing vacant house and trees that will be removed To the north and east are single-family residences within the Low (L) Density Residential District, and to the immediate south is the railroad line for the Burlington Northern and Santa Fe Railroad (BNSF) that is also shared by Metrolink commuter rail line (hereafter BNSF/Metrolink) Further south, across 8th Street, are single-family residences m the City of Ontario Lead Agency Name and Address City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9 Contact Person and Phone Number Michael Diaz (909) 477-2750 10 Other agencies whose approval is required (e g , permits, financing approval, or participation agreement) GLOSSARY -The following abbreviations are used in this report CVW D -Cucamonga Valley Water District EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM,o -Fine Particulate Matter RWQCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District SW PPP -Storm Water Pollution Prevention Plan URBEMIS7G -Urban Emissions Model 7G • • Rev 5/24/06 ~~~ Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 3 • • • Less Than Signrficant Less Issues and Supportin Information Sources Potentially w~,n Than g Significant Mtligahon Significant No Impact Incor orated Impact Impact ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than-Significant-Impact" as indicated by the checklist on the following pages ()Aesthetics ()Agricultural Resources (/) Air Quality ()Biological Resources (/) Cultural Resources (/) Geology & Soils ()Hazards & Waste Materials (/) Hydrology & Water Quality ()Land Use & Planning ()Mineral Resources (/) Noise ()Population & Housing ()Public Services ()Recreation () Transportation/Traffic ()Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation (/) 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,, by~he pro~e~ct pro~ne~--,MITIGATED NEGATIVE DECLARATION will be prepared Prepared By Reviewed Rev 5/24/06 ~~ Date ~ Z' 4 _1z - ~-a~ Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 4 Less Than SigrnUcant Less Issues and Supporting Information Sources Potentially Significant w~tn Mitigation Than Signficant No Impact Incorporated Impact Impact 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 adjacent to the project 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 project site consists of a small open field adjacent to the east side of the existing 3-story apartment complex and surrounded by modest single-family residences to the north and east and BNSF/Metrolink rail line The design of the new units will be a contemporary interpretation of the Spanish/Mediterranean architectural style intended to complement (not replicate) the design of the existing apartment complex As such, the project will improve the current visual quality of the area Design review is required prior to final approval The City standards require the developer to underground the 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 project would increase the number of streetlights and security lighting used in the immediate vicinity 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 b) Conflict with existing zoning for agricultural use, or a () () () (/) Williamson Act contract Rev 5/24/06 ~~~ • Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 5 Less Than Significant Less Issues and Supporting Information Sources Potentially Signficani w~tn Mitigation Than Significant No Impact Incorporated Impact Impact c) Involve other changes in the existing environment, () () () (/) which, because of 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 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, 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 Final Environmental Impact Report (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 located at the edge of the City and is surrounded generally by residential development and a mayor east-west rail line The nearest agricultural use is approximately 3 miles to the southeast of the project site Therefore, no adverse impacts are anticipated 3 AIR QUALITY Would the project a) Conflict with or obstruct implementation of the () () () (/) applicable air quality plan b) Violate any air quality standard or contribute () (/) () ( ) substantially to an existing or projected air quality violation c) Result in a cumulatively considerable net increase of () () () (/) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors d) Expose sensitive receptors to substantial pollutant () (/) () ( ) concentrations e) Create objectionable odors affecting a substantial () () () (/) number of peopie~ 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 Rev 5/24/06 ~~q Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 6 Less Than Significant Less Issues and Su ortin Information Sources Ph g Potentially Signficant wain Mitigation Than Significant No Impact Incorporated Impact Impact State standards 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 The proposed project 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 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 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 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 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 in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAGIMD 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 • • Rev 5/24/06 ~~ , • Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 7 Less Than Signrficant Less Issues and Supporting Information Sources Potentially wnn Than Signdicant Mitigation Significant No Impact Incorporated Impact Impact • 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 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 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 Regional Water Quality Control Board [RW(~CB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 • 7) Chemical soil-stabilizers (approved by SCAC~MD 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 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 on the Urban Emissions Model (URBEMIS7G) model estimates in Table 5 6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Fine Particulate Matter (PM,o) 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 Rev 5/24/06 ~~ 1 Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 8 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signdicant With Mitigation Than Significant No Impact Incorporated Impact Impact 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 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 project 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 SCAOMD 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 SCAOMD, 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 SCAOMD Rule 1401 The protect site adjoins residences and is located approximately 1/4 mile southwest from the Los Amigos Elementary School, a sensitive receptor 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 uses proposed do not create objectionable odors No adverse impacts are anticipated 4 BIOLOGICAL RESOURCES Would the pro/ect a) Have a substantial adverse effect, either directly or () () () (/) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service b) Have a substantial adverse effect on riparian habitat () () () (/) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the Cali#ornia 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 • • Rev 5/24/06 ~ ! nl Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 9 • Less Than Signdicant Less Issues and Supporting Information Sources Potentially SigniOcant wnn MiugaLOn Than Signdicant No Impact Incorporated Impact Impact d) Interfere substantially with the movement of any native () () () (/) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites e) Conflict with any local policies or ordinances () () () (/) protecting biological resources, such as a tree preservation policy or ordinance f) Conflict with the provisions of an adopted Habitat () () () (/) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan Comments a) The project site is located in a developed area primarily surrounded by residential development Although vacant, the site appears to have been previously disturbed including the development of an existing residence that is currently vacant and that will be removed for the project No significant vegetation exists on the site According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the project 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 project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan b) The project site is located in an urban area with no natural communities No riparian habitat exists on-site, meaning the project will not have any impacts c) No wetland habitat is present on-site As a result, project 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 No adverse impacts are anticipated e) There are no heritage trees on the project site, therefore, the proposed project is not in conflict with any local ordinance f) The project 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~ Rev 5/24/06 ~a Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 10 Less Than Significant Less Issues and Supporting Information Sources Potentially Significant with Mitigation Than Signd~cant No Impact Incorporated Impact Impact 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 Comments a) The protect 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 archaeological sites or resources recorded on the project 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 • 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 speaal 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 protect effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines • 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 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 • • • Rev 5/24/06 ~~~ • Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 11 Less Than SigniOcant Less Issues and Supporting Information Sources Potentially Slgnlficant with Mitigation Than Sigrnticant No Impact Incorporated Impact Impact protect site is underlain by Quaternary alluvium per General Plan Exhibit V-2, therefore, the following mitigation measures shall be implemented 2) If any paleontological resource (i a plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study 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 • • 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) • 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 project site has already been disrupted by construction on a portion of the site, surrounding developments, and probable annual disking for weed abatement No known religious or sacred sites exist within the protect area No evidence is in place to suggest the project site has been used for human burials The California Health and Safety Code (Section 7050 5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097 98 As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site No adverse impacts are anticipated n Rev 5/24/06 ~~ Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 12 Less Than Signdicant Less Issues and Supporting Information Sources Potentially Significant w~tn Mitigation Than Signihcant No Impact Incorporatetl Impact Impact 6 GEOLOGY AND SOILS Would the pro/ect a) Expose people or structures to potential substantial adverse effects, including the risk of loss, m~ury, or death involving i) Rupture of a known earthquake fault, as () () () (/) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known faulty Refer to Division of Mines and Geology Special Publication 42 ii) Strong seismic ground shakings () () () (/) ni) Seismic-related ground failure, rncludmg O O O (/) liquefaction iv) Landslides 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 project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse d) Be located on expansive soil, as defined in Table () () () (/) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property e) Have soils incapable of adequately supporting the use () () () (/) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater Comments a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it m 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 subtect site is approximately 1/2 Red Hill Fault, passes approximately 1/2 mile to the north of the site and, the Cucamonga Fault Zone is approximately 4 1/2 miles to the north These faults are both capable of producing M„, 6 0-7 0 earthquakes The San Jacinto Fault, capable of producing up to MW 7 5 earthquakes, is approximately 11 miles northeasterly of the site and the San Andreas Fault, capable of up to MW 8 2 earthquakes, is approximately 16 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 proposed protect will require the excavation, stockpiling, and/or movement of on-site soils The Rancho Cucamonga area is subject 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 project under the General Plan would help to reduce windblown sand impacts in the area Rev 5/24/06 ~~~~ Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 13 Less Than Significant Less Issues and Supporting Information Sources Potentially Signdicant w~tn Mitigation Than Significant No Impact Incorporated Impact Im act 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 SCAQMD and RWQCB) daily to reduce PMio emissions, in accordance with SCAQMD Rule 403 or replanted with drought resistant landscaping as soon as possible 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 mph 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 c) The General Plan FEIR (Section 51) 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 51-2 Soil types on-site consist of Tutunga Gravelly Loamy 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 Tutunga Gravelly Loamy Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5 1-3 These soils are typically considered rapidly permeable with slow to very slow runoff and slight erosion hazard No adverse impacts are antiapated 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 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 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 Rev 5/24/06 ~~ Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 14 Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Significant With Mmgauon Than Significant No Impact Incorporated Impact Impact d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment e) For a project located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area f) For a project within the vicinity of a private airstrip, () () () (/) would the project result in a safety hazard for people residing or working in the project area g) Impair implementation of or physically interfere with an () () () (/) adopted emergency response plan or emergency evacuation piano h) Expose people or structures to a significant risk of () () () (/) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands~ Comments a) The project does 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 is in the process of developing an Emergency Operations Plan to meet State and Federal requirements The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste wilt reduce the potential for significant impacts to a level less-than-significant No adverse impacts are expected b) The proposed project 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 is in the process of developing an Emergency Operations Plan to meet State and Federal requirements The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals 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) Los Amigos Elementary School is located approximately 1/4 mile of the project site at the northwest corner of Ninth Street and Baker Avenue The construction of residential units on the subject site will not create objectionable odors No adverse impacts are anticipated • • Rev 5/24/06 / ~n ~``'f ' I Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 15 C Less Than Significant Less Issues and Supporting Information Sources Potentially Signtcant with Mitigatwn Than Significant No Impact Incorporated Impact Impact 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 approximately 2 2 miles northwest of the Ontario international Airport, but not directly in the flight path of its runways 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 anticpated 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 Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005, however, the proposed project 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 b) Substantially deplete groundwater supplies or interfere () () () (/) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g ,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) c) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site d) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site e) Create or contribute runoff water which would exceed () () () (/) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff f) Otherwise substantially degrade water quality () (/) () ( ) Rev 5/24/06 ~ `~ Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 16 Less Than Significant Less Issues and Supporting Information Sources Potentially Signdicant with MingaUOn Than Signihcant No Impact Incorporated Impact Impact 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, injury or death involving flooding, including flooding as a result of the failure of a levee or damp ~) Inundation by seiche, tsunami, or mudflow~ () () () (/) Comments a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD) The protect is designed to connect to the existing water and sewer systems The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (N01) to obtain coverage under the General Permit The General permit requires all dischargers to comply with the following during construction activities, including site clearance and grading Develop and implement a Storm Water Pollution Prevention Plan (SW PPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation Perform inspections of all BMPs Waste discharges include discharges of storm water and construction protect discharges A construction protect for new development or significant redevelopment requires a NPDES permit Construction protect proponents are required to prepare a Storm Water Pollution Prevention Plan (SW PPP) To comply with the NPDES, the protect construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SW PPP) during construction activities, and a Water Quality Management Pian (WQMP) for post-construction operational management of storm water runoff The applicant has submitted a WQMP, prepared by SB&O, Inc (December 5, 2005) that identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system BMPs include both structural and non- • • Rev 5/24/06 ' ^ q ~'"''C 1 Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 17 Less Than Signifcant Less Issues and Supportin Information Sources Potenhany w~,h Than g Significant Mdigahon Significant No Impact Incorporated Impact Impact structural control methods Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans and various Business Plans that must be developed by any businesses that store and use hazardous materials Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system The following mitigation measures would be required to control additional storm water effluent Constructron Actrvrtres • 1) Prior to issuance of Grading Permits, the permit applicant shall submit to Building Offricial for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a minimum a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this protect will be corrected through a remediation or restoration program within a specified time frame 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site Post- Constructron Operatronal 5) The developer shall implement the BMPs identified in the Water (duality Management Plan (WQMP) prepared by SB&O, Inc (December 5, 2005) to reduce pollutants after construction entering the storm drain system to the maximum extent practical • 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of Grading Permits Rev 5/24/06 ~~ Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 18 Less Than Significant less Issues and Su ortin Information Sources pp g Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Imoact b) According to CVWD, 43 percent of the City's water is currently provided from the 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 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, CVWD has plans to meet this increased need through the construction of future water facilities c) The project 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 project 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 Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits Therefore, the project will not result in substantial erosion or siltation on- or off-site The impact is not considered significant d) The project 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 project will not alter the course of any stream or river Ali 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 project 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 for new development or significant redevelopment, therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution The following mitigation measures shall be implemented 7) Prior 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 description and identifying Best Management Practices (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- • • • Rev 5/24/06 ~~ • Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 19 Less Than Signdicant Less Issues and Supporting Information Sources Potentially Sigrnficant with Mdiga6on Than Sigrnficant No Impact Incorporated Impact Impact structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 8) Prior to issuance of grading or paving permits, applicant shall obtain 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 Building Official for coverage under the NPDE5 General Construction Permit g) If residential include this sentence The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 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 project 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 project site, therefore, impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debris dams and levees north of the City and spreading grounds both within and north of the City • 9 LAND USE AND PLANNING Would the pro/ect a) Physically divide an established community () () () (/) b) Conflict with any applicable land use plan, policy, or (} () () (/) regulation of an agency with jurisdiction 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) Surrounding the site are 3-story apartments to the west, single-family homes on modest sized lots to the north and east, and the BNSF/MetroLink line on the south The proposed development of 40 apartment units assoaated and adjacent to the existing complex will be Rev 5/24/06 ~~ Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 20 Less Than Significant Less Issues and Su ortin Information Sources PotenLally w~tn Than pp g Sigrnficant Mitigatwn Significant No Impact Incorporated Impact Impact consistent and compatible with the development of the surrounding area No adverse impacts are anticipated b) The land use designation for the site is Medium High (MH) Density and appropriate for the proposed development The proposed protect is also 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 project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan 10 MINERAL RESOURCES Would the pro/ect 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 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 11 NOISE Would the pro/ect 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 protect vicinity above levels existing without the pro~ect~ d) A substantial temporary or periodic increase in () (/) () ( ) ambient noise levels m the protect vicinity above levels existing without the profect~ • • • Rev 5/24/06 ~~3 Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 21 • Less Than Significant Less Issues and Supportin Information Sources Potentially with Than g Sigrnhcant Mrtigallon Sgnificant No Impact Incorporated Impact Impact e) For a project 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 project expose people residing or working in the project area to excessive noise levels f) For a protect within the vicinity of a private airstrip, () () () (/) would the project expose people residing or working in the project area to excessive noise levels Comments a) The project site is not within an area of noise levels exceeding City standards as indicated by General Plan Exhibit V-13 at build-out However, the southern boundary of the site is located adjacent to the BNSF/Metrolink rail line that lies between the site and 8th Street According to the Noise Study (Davy & Associates, Inc April 24, 2006) prepared for the project, noise sources impacting the project site was traffic on 8th Street, I-10 Freeway, and the BSNF/Metrolink rail line The railroad line carries Metrolink and freight trains In order to meet the City noise standards and reduce exterior and interior noise levels to less-than-significant levels, the Noise Study makes recommendations for mitigating freeway noise impacts and railroad noise impacts, which are referenced in the mitigation measure below 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Acoustical Analysis prepared by Davy & Associates, Inc (April 2006), and on file with the Planning Department b) The uses associated with this type of protect normally do not induce ground borne vibrations Moreover, the existing rail line will be approximately 125-feet from the nearest apartment unit within the project As such, no significant 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 protect d) 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 The following measures are provided to mitigate the short-term noise impacts 2) 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 3) 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 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 Budding Official Said consultant shall report their findings to the Building Official within 24 hours, however, ~f noise levels Rev 5/24/06 Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 22 Less Than Significant Less Issues and Su Ortln Information Sources pp g Potentially Signifcant With Mmgation Than Signdicant No Impact Incorporated Impact Impact exceed the above standards, then the consultant shall immediately notify the Budding Offiaal 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 4) The perimeter block wall shall be constructed as early as possible in first phase The preceding mitigation measures will reduce the disturbance created by on-site construction equipment, however, do not address the potential impacts because of the transport of construction materials and debris The following mitigation measure shall then be required 5) 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 e) The site is not located within an airport land use Plan and approximately 2 2 miles northwest of the Ontario International Airport, and 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 project a) Induce substantial population growth in an area, either () () () (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere c) Displace substantial numbers of people, necessitating () () () (/) the construction of replacement housing elsewhere Comments a) The project will result in the development of 40 housing units on the subject site and a moderate increase in the local resident population However, the proposed development provides affordable apartment units will be consistent with the underlying residential land use designation for the site and surrounding residential development on adjoining properties to the north east and west of the site No significant impacts are anticipated b) The project will not result in the displacement of substantial numbers of existing housing units Only one vacant house will be removed from a portion of the site to be replaced • • Rev 5/24/06 ~~ Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE • City of Rancho Cucamonga Page 23 Less Than Significant Less Issues and Supporting Information Sources Potentially Significant with Mitigation Than Significant No Impact Incorporated Impact Impact with 40 affordable apartments for families With the development of new apartments on the site, there will be no adverse impact to housing within the City c) The majority of the site is undeveloped No significant impacts are anticipated 13 PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause s~gnif~cant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services a) Fire protections () (/) () ( ) b) Police protections () () () (/) c) Schools () () () (/) d) Parks () () () (/) e) Other public faalities~ O O O (/) Comments a) The site, located adjacent to the existing apartment complex at Grove Avenue and 8th Street, will be served by a Fire Station 172 located approximately 2 miles from the project site located near the intersection of San Bernardino Road and Archibald Avenue According to the Fire Department documents, the subject site and area is currently outside the District's adopted goal of a 4-minute travel time response area However, the recently adopted Fire Department 2005 Strategic Pian addresses this issue and has as one of its goals to relocate Station 172 so as to eliminate any deficiencies in response times for the site and nearby areas In the meantime, all new units will have fire sprinklers and be constructed in accordance with Standard conditions of approval from the Uniform Building and Fire Codes b) Police protection and routine patrols of the site and surrounding areas is provided by the Rancho Cucamonga substation of the San Bernardino County Sheriff's Department The eventual construction of new apartment units on the eastern portion of the existing Rancho Verde apartment complex 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 Cucamonga School District and the Chaffey Joint Union High School District serve the area in which the project is located A standard condition of approval will require the developer to pay the School Impact Fees With this standard mitigation, impacts to the School Districts are not considered significant d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is Bear Gulch Park, located a little over 1-mile northeast from the project site • on Arrow Highway In addition, a future park is proposed fora 3 36 acre parcel near the northeast corner of Ninth Street and Madrone Avenue The development of this new park is anticipated between 3 to 5 years, when the City has allocated sufficient funds for the protect As such, the existing and anticipated park along with the on-site recreational Rev 5/24/06 ~~ initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 24 Less Than Significant Less Issues and Su ortin Information Sources Pp g Potentially Significant With MdigaUOn Than Significant No Imoact Incorporated Impact Impact amenities will provide open space and recreational needs of the new residents of the apartments As a standard condition of approval, the developer will also be required to pay Park Development Fees Thus, no significant 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 opened a new library (2006) within the Victoria Gardens regional shopping center adding approximately 23,000 square feet, which exceeds the protected need of 15,500 square feet at City build-out 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 () () () (/) 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 is Bear Gulch Park, located a little over 1-mile from the protect site Although, the development of 40 apartment units will result in a slight potential for increased use of public parks or other recreational facilities within the City, the protect will not adversely impact parks or recreational facilities In addition, the protect will provide on-site recreational amenities that will directly benefit the residents of the new apartments As indicated above, a standard condition of approval will require the developer to pay Park Development Fees for the new units and help off-set the costs of on-going park improvements in the City No impacts are anticipated b) See a) response above • • Rev 5/24/06 n ~~ Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE C7 City of Rancho Cucamonga Page 25 Less Than Significant Less Issues and Supporting Information Sources Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 15 TRANSPORTATIONlTRAFFIC Would the project 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 because of 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 () () () (/) g) Conflict with adopted polices, 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 As part of the protect, the developer of the apartments will also be required to install street improvements (e g , curb, gutter, and sidewalk) adtacent to the protect that will improve roadway conditions Based on the Rancho Cucamonga Traffic Model, the estimated traffic generation rate expected from the proposed apartment protect was calculated at 244 Average Daily Trips (ADT) According to the Traffic Engineering Department, Grove Avenue is classified as a secondary arterial with a maximum build out capacity of 20,000 Average Daily Trips (ADT) The traffic generated by the 40 units will not exceed capacity Level of Service (LOS) at the nearby intersections (Grove Avenue and Ninth Street at Sierra Madre Avenue) is considered to be and remain at LOS C or better As such, the proposed protect will be consistent with the General Plan for which the FEIR was prepared and impacts evaluated and not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at nearby intersections Finally, the protect is subtect to the 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 Therefore, no impacts are anticipated b) The Rancho Cucamonga Traffic Model estimates that each apartment unit will generate an • average of 67 two-way peak hour trips daily As such, the total trips generated for all 40 apartments will be 26 8 two-way peak hour trips, which is less than 250 two-way peak hour trips for non-retail uses, therefore, is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis The Rev 5/24/06 ~~o Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 26 Less Than Signdicant Less Issues and Su ortin Information Sources hh g Potentially Signdicant w~tn Miugauon Than Sigrnhcant No Impact Incorporated Impact Impact project site is in an area that is largely developed with all street improvements According the Traffic Engineering Department, the project will not negatively impact the LOS standards on adjacent arterials No impacts are anticipated c) Located approximately 2 2 miles northwest of the Ontario international Airport, the site is offset from the flight path and will not change air traffic patterns No impacts are anticipated d) The project is in an area that is steadily being developed As a part of the apartment project, new street improvements (e g , roadway, curb, gutter, and sidewalk) along Sierra Madre Avenue and Main Street will be required The project design does not include any sharp curves, dangerous intersections, or farming uses that would present a conflict or hazard with the proposed changes in the land use designation and subsequent development of apartments on a portion of the overall site The project will, therefore, not create a substantial increase in hazards because of a design feature No impacts are anticipated e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access Emergency fire access to the new apartments will be from the improved Sierra Madre Avenue roadway No impacts are anticipated f) The protect will have adequate on-site 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 project design includes, or the project 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/ect 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 () () () (/) project from existing entitlements and resources, or are new or expanded entitlements needed e) Result to a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that it has adequate capacity to serve the project's protected demand in addition to the provider's existing commitments f) Be served by a landfill with sufficient permitted () () () (/) capacity to accommodate the protect's solid waste disposal needs • • Rev 5/24/06 ~~~ • Initial Study for DRC2005-01060 -EAST RANCHO VERDE VILLAGE City of Rancho Cucamonga Page 27 Less Than Signdicant Less Issues and Su ortin Information Sources Pp g Potentially Signdicant w~,h Mitigatwn Than Significant No Impact Incorporated Impact impact 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 project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated b) 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 and RP-1 located within City of Ontario, neither of which are at capacity The project 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 project 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 project No impacts are anticipated e) 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 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 project 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 • Rev 5/24/06 ,^ ,~ Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 28 less Than Significant Less Issues and Su ortin Information Sources pp g Potentially S~gndicant With Mitigation Than Signdicant No Impact Incorporated Impact Impact 17 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () () () (/) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the mayor periods of California history or prehistory b) Does the project have impacts that are individually () () () (/) limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future prolects)~ c) Does the project have environmental effects that will () () () (/) cause substantial adverse effects on human beings, either directly or indirectly Comments a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3 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 project 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 build-out in the City and Sphere-of-Influence The City made findings that adoption of the General Plan would result in significant adverse effects to 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 projects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required c) Development of the site will 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 • • • Rev 5/24/06 ~n IC.~ ~ I Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 29 • 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 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 project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) • Rev 5/24/06 ~a Initial Study for City of Rancho Cucamonga DRC2005-01060 -EAST RANCHO VERDE VILLAGE Page 30 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study I acknowledge that I have read this Initial Study and the proposed mitigation measures Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant epa~ironmental effects would occur Applicant's Signatur Date ~ ~/ 5~d~ Print Name and Title ~~GJ ~~ ~ ~~~~~ • • L Rev 5/24/06 ~~' V"/ • • ~\ ~ 2 ~ x£ „- City of Rancho Cucamonga ti ~~=~ ~ -~ -- MITIGATED NEGATIVE DECLARATION The follow-ng M~trgated Negative Declaration -s being circulated for public review -n accordance with the Cal-fornra Environmental Quality Act Sect-on 21091 and 21092 of the Publ-c Resources Code Project Fite No Development Review DRC2005-01060 Public Review Period Closes January 10, 2007 Protect Name Project Applicant Southern California Housing Development Corporation Project Location (also see attached map). Located immediately east of the existing Rancho Verde Village multiple-family residential development at the southerly terminus of Sierra Madre Avenue -APN 0207-254-67 and 68 Project Description DEVELOPMENT REVIEW DRC2005-01060 -Review of Site Plan and building elevations for 40 three-bedroom apartment units on 1 75 acre of land in the Medium High Residential District (14-24 dwelling units per acre), located immediately east of the existing Rancho Verde Village multiple-family residential development at the southerly terminus of Sierra Madre Avenue -APN 0207-254-67 and 68 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 Mitigated Negative Declaration based upon the following finding The Initial Study identified potentially significant effects but (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated 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 project, as revised, may have a significant effect on the environment If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required The factual and analytical basis for this finding is included in the attached Initial Study The protect file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847 NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period January 10, 2007 Date of Determination Adopted By ~~ RESOLUTION NO 07-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2005-01060, THE DESIGN REVIEW FOR 40, THREE-BEDROOM APARTMENT UNITS AND A COMMUNITY BUILDING ON 1 75 ACRE OF LAND IN THE MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE), LOCATED IMMEDIATELY EAST OF THE EXISTING RANCHO VERDE VILLAGE MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT AT THE SOUTHERLY TERMINUS OF SIERRA MADRE AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0207-254-67 AND 68 A Recitals 1 Pete Pitassi Architects, on behalf of Southern California Housing Corporation, filed an application for Development Review DRC2005-01060, the design review of 40 affordable apartment units and a community building, as described m the title of this Resolution Hereinafter in this Resolution, the subject Development Review request is referred to as "the application " 2 On the 10th day of January 2007, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing to consider the application • 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 Recitals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 10, 2007, including written and oral staff reports, this Commission hereby specifically finds as follows a The application applies to approximately 1 75 acre of land located immediately east of the existing Rancho Verde Village multiple-family residential development at the southerly terminus of Sierra Madre Avenue, and b The property to the north is developed with single-family homes and zoned Low Density Residential (2-4 units per acre), the property to the south is zoned General Industrial (Subarea 1) and is presently used as a railroad right-of-way, to the east are single-family residences within the Low Density Residential District (2-4 units per acre), and to the west is the existing Rancho Verde Apartment Complex within the Medium-High Residential District (14-24 dwelling units per acre), and c The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, and ~~ PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 2 d The applicant proposed the development of 40 affordable apartment units and a community center/laundry building This project is an expansion of the existing Rancho Verde Village apartment complex, hence, the new units will share existing common open space, amenities, and parking Likewise, the existing residents will be able to use the new open space and community building, and e The project design generally complies with the development standards of the Medium-High District as modified by the proposed Affordable Housing Incentive Agreement as described therein, and amending required minimum lot size for development at the density requested, setbacks from adjacent single-family properties, interior building setback/separation, visitor parking, and perimeter wall height, and f The design of the new units is a contemporary interpretation of the Spanish/Mediterranean architectural style that is complementary to the existing complex The exterior design elements for the new apartment units feature clay tale hip roofs, trimmed out windows and door openings, and walls clad in stucco that are typically associated with the proposed style Moreover, landscaping and recreational amenities appear to be well distributed around the site 3 Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby specifically finds and concludes as follows a That the proposed project is consistent with the obJectives of the General Plan m that the project will advance the goal of providing affordable housing units for families within the • community, 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, m that the new units will complement the appearance of the existing complex, and c That the proposed design is in compliance with each of the applicable provisions of the Development Code as modified for speafic standards by the Affordable Housing Incentive Agreement associated with this project, 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 in the vicinity The development of apartment units on the subject site will result in new opportunity to improve the neighborhood by eliminating the vacant lot and house that served as an attractive nuisance for unlawful activity 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 Mitigated Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project Based on the findings contained in that Initial Study, City staff determined that, with the ~~ ~ PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 • Page 3 imposition of mitigation measures, there would be no substantial evidence that the protect would have a significant effect on the environment Based on that determination, a Mitigated Negative Declaration was prepared Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration b The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA, and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the protect will have a significant effect on the environment The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent tudgment and analysis of the Planning Commission Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration c The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the protect that has been prepared pursuant to the requirements of Public Resources Code Section 21081 6 and finds that such Program is designed to ensure compliance with the mitigation measures during protect implementation The Planning Commission therefore adopts the Mitigation Monitoring Program for the protect d Pursuant to the requirements of California Fish and Game Code Section 711 4 and Title 14 of the California Code of Regulations, Section 753 5, the Planning Commission finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that • there is no evidence before the City that the proposed protect will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends The site has not been identified as potential location for habitat that is known to support sensitive biological species Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753 5 (Title 14 of the California Code of Regulations Code, Section 753 5 ) e The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the City Planner of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750 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 and in the Standard Conditions, attached hereto and incorporated herein by this reference Plannina Department 1) This approval is for the site plan, exterior building design, and landscaping for the 40 affordable apartment units and 10,300 square foot community center/laundry building at the subtect site Final approval for the protect shall be contingent upon subsequent City Council approval of, and execution thereof, the Affordable Housing • Incentive Agreement (DRC2006-00913) ~~~ PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 4 . 2) If the Affordable Housing Incentive Agreement is approved by the City Council, all plans submitted for plan check shall conform with plans approved by the Design Review Committee on October 31, 2006, and the Planning Commission on January 10, 2007 3) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval 4) The design and height of decorative metal fences, gates, railings, and perimeter walls shall be submitted for Planning Director review and approval during plan check All decorative exterior metal elements shall be finished with high quality powder coat paint 5) Access from Sierra Madre Avenue shall be limited to emergency use only 6) Property owner shall be responsible for the maintenance of all perimeter walls including the removal of graffiti Eng ineerinq Department 1) Install Reduced Radius Turnarounds with no deviation in accordance with Standard Drawing 113 in Sierra Madre Avenue and Main Street • a) Finish off the existing sidewalk on Main Street, curb adjacent and 5 feet wide It is acceptable to terminate Sierra Madre sidewalk at the new drive approach on the east side b) Drive approaches shall conform to Standard Drawing 101, Type R Permission to reconstruct existing drive approaches shall be obtained from the affected homeowners and results provided to the City, prior to approval of the public improvement plans Modification of the standard to City Engineer's approval may be done in order to install the approach within the proposed right-of-way c) If affected homeowners are not willing to have their drive approaches reconstructed, provide additional rights-of-way on the project site sufficient to install said reduced radius turnaround(s) d) If affected homeowners are willing to maintain any additional parkway areas created, install street trees and private landscaping with irrigation Street trees shall be a minimum 15-gallon size and installed per the Street Tree Requirement Form If not, excess parkway areas shall be filled in with cobblestones per Standard Drawing 542 e) Sidewalk is not required south of the existing/reconstructed drive • approach on Sierra Madre Avenue ~~ b PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 • Page 5 f) Provide 5800 Lumen HPSV streetlights and signing/striping to the satisfaction of the City Engineer A streetlight at the west end of Main Street shall be located behind the 5-foot curb adjacent sidewalk Provide an 8-foot mast arm g) Drainage facilities shall not be installed to or in Main Street Drain whole project site consistent with the final drainage report and to the satisfaction of the City Engineer and away from Main Street h) Parkways shall slope at 2 percent from the top of curb to one-half foot behind the sidewalk or to the right-of-way if there is no sidewalk Toes of slopes shall be at least one foot behind sidewalks Access to Sierra Madre is for emergency use only ~) There will be no access to Main Street 2) The developer shall install private landscaping to be maintained by the homeowners assoaation on the west side of Sierra Madre a) If the apartment management company is not also taking on the • responsibility to maintain the Sierra Madre and Main Street irrigation/landscape improvements, then the adjacent property owners shall be given the choice of maintaining these landscape areas or having hardscape improvements installed (cobble stones) This shall be reflected in the text and sketches sent to adjacent property owners b) Any private landscaping to be installed by the apartment company shall be noted on the revisions to Sierra Madre Avenue and Main Street Said private improvements to be installed prior to City acceptance of respective public improvements 3) Provide alternate reduced radius turnaround designs for both Sierra Madre and Main Street in the event that one or more adjacent homeowners do not give permission to reconstruct their drive approaches or in the event that one or more utilities do not grant clearance to vacate Sierra Madre This may mean one or both of the turnarounds will encroach into the project site, so the impacts on parking and grading need to be shown If their written agreement to the concept is obtained prior to Planning Commission, Condition 1 c can be removed 4) Curb for the reduced radius turn-around in Sierra Madre will not fit within the existing 50 foot right-of-way The standard 25-foot radius to the curb face will place the curb onto private property In addition, a • perimeter wall exists on the west side of the street, south of the alley Dedicate additional Sierra Madre right-of-way and/or modify existing wall as needed in order to install a standard reduced radius turn- around completely within the public street ~~q PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 6 • 5) We are accepting the Preliminary Drainage Report as sufficient for purposes of writing conditions of approval and will not require installation of the Master Plan Storm Drain in 8th Street However, the final drainage study will need to include all Q100 flow currently reaching the new terminus of Sierra Madre, including any flows which may be diverted in the future by the 9th Street MPSD A sump condition is being created, so in the event of blockage in the storm drain, a drainage path for emergency overflow will need to be provided 6) Install a local public storm drain to convey public street flows from the new terminus of Sierra Madre Avenue to the existing outlet facility at the south end of the protect site Design the local system to be connected to the future Master Plan Storm Drain Line III-3 in 8th Street The cost of local storm drains shall be borne by this development, with no fee credit a) All sump catch basins and laterals shall be designed to handle Q,oo, and emergency overflow shall be provided b) The final drainage report shall determine the existing tributary area for Sierra Madre Avenue and assume full development thereof c) Provide manholes wherever private drainage facilities connect to • public storm drains, to the satisfaction of the City Engineer 7) Provide a public storm drain easement for the new storm drain and access easements over the protect drive aisle for City maintenance vehicles 8) Obtain a public drainage easement from BNSF/Metrolink 9) The separate parcels within the protect boundaries shall be legally combined into one parcel prior to the issuance of budding permits The parcel merger application shall include the parcel containing the existing apartment complex or process a Lot Line Adtustment to relocate the existing parcel line that passes through Building #3 a) Vacate Sierra Madre right-of-way, subtect to City Council approval which includes, but is not limited to clearances from all utility agenaes for that portion of the existing street cul-de-sac adtacent to APN 0207-254-67, prior to lot merger and lot line adtustment 10) A Water Quality Management Plan (WOMP) is required forthis protect Access the following website for an updated San Bernardino County WOMP for new development and redevelopment protects http //www swrcb ca gov/rwgcb8/htlm/sb wgmp html This website provides Guidance and Templates that can be filled out electronically and printed Adhere to the guidelines and use the templates provided • Also, show and label the Best Management Practices (BMPs) identified in the WOMP on the grading plans /J~~ ~J~ V PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 • Page 7 Environmental Mitigation Air Quality 1) All construction equipment 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 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 District (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 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 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 occur as a result of hauling Timing may vary depending upon the time of year of construction • Suspend grading operations during high winds (i e ,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements ~~ PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 8 • 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 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 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 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 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 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 speaal 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 CEQA guidelines ~.-Za PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 9 • 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 2) If any paleontological resource (i e plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that maybe 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 • 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) • Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum Geology and Soils 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 or re-planted with drought resistant landscaping as soon as possible 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 mph to minimize PM,o emissions from the site during such episodes 13J~ 3 PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 10 • 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,o emissions Hydrology 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a minimum a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this protect will be corrected through a • remediation or restoration program within a speafied time frame 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris orsedimentfrom the site when there is rainfall or other runoff 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WOMP) prepared by SB&O Inc , (December 5, 2005) to reduce pollutants after construction entering the storm drain system to the maximum extent practical 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits 7) Prior to issuance of building permits, the applicant shall submit to the • City Engineer for approval of a WQMP, including a protect description and identifying BMPs that will be used on-site to reduce pollutants into ~~ PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 11 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 2004 8) Prior to issuance of grading or paving permits, the applicant shall obtain 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 Building Official for coverage under the NPDES General Construction Permit Norse 1) Prior to issuance of building permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Acoustical Analysis prepared by Davy & Associates, Inc (April 2006), • and on file with the Planning Department 2) Construction or grading on weekdays shall not take place between the hours of 8 00 p m and 6 30 a m ,including Saturday, or at any time on Sunday or a national holiday 3) 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 monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be required by the Building Offiaal Said consultant shall report their findings to the Building Official within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Offiaal 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 4) The perimeter block wall shall be constructed as early as possible in first phase 5) Haul truck deliveries on weekdays shall not take place between the hours of 8 00 p m and 6 30 a m 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 ~~~~ PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 12 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 10TH DAY OF JANUARY 2007 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Pam Stewart, Chairman ATTEST James R Troyer, AICP, Secretary I, James R Troyer, AICP, 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 10th day of January 2007, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • ~~~~ • • ,~-. 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Q Q C 0 C 0 U m ? U O) i C ~ C N i ~ O L ~ ~ O • U U m d ~ 4. cd O -O L ~ t? O ~ O~ C ~~ 7 O ~ ~ i ~ i ~ Q~ ~~ m 0 cl~ _ Q ~ cn c~ ~ ~ Y ~ E~ a~0-IO a~~i' a `~ ~ ~ O .~ ~, ~ O c0 C7 >, - - .. C O ~, O 0 0 N U~ ~'~ L O C ~ ~ ~ ~ ~ ~ ~ _ cu ~ CC ~ ~ p O C ~ ~ ~ t~ ctS a ~ L «S ,~, r O ~ ~ O ~ = O • y. ~ cn ~ -p O j ~ 0 0 U~ 0 0 ~ >,Q N L O C y Q cif U y _~ V O O ~ ~ O -p X C > O >. N O O ~ ~ ~ z N C ~.O N O ~-O~ U N N ~~~ O O H c~ O cA N E~ L O ~ p ~ ~ O ~ ~ co ~ ~ "O C C ~ O_ `= O Q' L / C ~ ~ ~ ~ ~ C O C ~ O V (~ c~ t ~ i- c~ C ~. O O = t ~ C L c0 !Z U ~ ~ a ro E ~, ~ U ~ fif C ~ _ w ~ O C m O ~ O O O LT] iu a ~ U ~ O N ~ ~ O O ~- CC C7 U a ~ v1 a a a Y o °' O U O L L > > C ~ O +a L_ L_ ~ L_ d C6 ~ ~ C ~ ~ ~ cn ~ ~ U N C'7 V ~ (O n y C cU d N N _ 7 ~ ~ O ~ ~. ~ O = d. Q N O \ ~ ~ V c E ~ .- O ~ U d t. O O ~. U L 7 a C N Y U Cn ~ ~ C _ ~ N O ' m Q U ro a rn `m ~ cu ~ C L (6 N O O ~ cn ~ ~ Q m U D c 0 v o 0 c C N C U 41 ~ o O ~ Q i C L ~ U ~ I Z c C1 ~ o U ~ o a m c i W 1- ~ o ~ O L o o U ~ p ~ d H 0 0 ~ Q 0] U D w a> C O) N N O 0 U N O a~i c m o ~ ~ U E a~ c °' m a 'c a~ ~ N a~ _ O N O ~ ~ .D C L ~ O ~ -o O O m O n Q U O c9 a> . Y O O O C O N O ~ E m c m m U O UN E ~ W .a ~ (Lj Q. ~ ~ U m ~ ~ d Q Q w 0 0 0 ~ U ~ U m n. ~ N C O .Q Q ~_ Y V G! t U O d Y • O~ ~~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No - pevelopment Review DRC2005-01060 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration fortheabove-listed project This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1 Conditions of approval that act as 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 project 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported . 3 The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in-place through all phases of the project The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering ail 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 betaken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency (Planning Department) 10500 Civic Center Drive . Rancho Cucamonga, CA 91730 ~~~ Mitigation Monitoring Program DRC2005-01060 Page 2 3 Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner 4 The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form After each measure is verified for compliance, no further action is required for the specific phase of development 5 All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form 6 Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures The project planner is responsible for approving any such refinements or additions An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel • 7 The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwritten notification has been issued The project 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 project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented 8 Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga 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 project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Planning Director prior to the issuance of building permits t;J -~~0 ,~="~,~ ;r - ~~ F . ~, h COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #- DEVELOPMENT REVIEW DRC2005-01060 SUBJECT DEVELOPMENT REVIEW FOR AFFORDABLE APARTMENTS (40 UNITS) APPLICANT PETE PITASSI FOR SOUTHERN CALIFORNIA HOUSING CORPORATION LOCATED ON 1 75 ACRE VACANT SITE IMMEDIATELY EAST OF THE EXISTING RANCHO VERDE VILLAGE MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT AT THE SOUTHERLY LOCATION TERMINUS OF SIERRA MADRE AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS •A. General Requirements Completion Date 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 Copies of the signed Planning Commission Resolution of Approval No 07-01, 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 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 Department, the conditions contained herein, and the . Development Code regulations -/_/. -/-/- -/_/. -/-/- ~~ D Project N o DRC2005-01060 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 Planning Director 3 Occupancy of the facilities shall not commence until such time as all Uniform Building 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 Department 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 _/_/_ submitted for Planning Director review and approval prior 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, 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 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 Planning Director and Police Department (477-2800) prior to the issuance of building permits Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adtacent properties 8 If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with _/_/_ all receptacles shielded from public view 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 Planning Director • 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 _/_/_ owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approval prior to the issuance of building permits 12 Block walls shall be constructed along the protect perimeter as indicated on approved plans If a _/_/_ double wall condition would result, the developer shall make a good faith effort to work with the adtoining property owners to provide a single wall Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the protect's perimeter 13 Access gates to the site shall be constructed from a material more durable than wood gates _/_/_ Acceptable materials include, but are not limited to, wrought iron and PVC 14 For residential development, recreation area/facility shall be provided as required by the _/_/_ Development Code 15 Where rock cobble is used, it shall be real river rock Other stone veneers may be manufactured _/_/_ products 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 Department Such screening shall be architecturally 2 ~~ Protect No DRC2005 01060 integrated with the building design and constructed to the satisfaction of the Planning Director Details shall be included in building plans •E. Parking and Vehicular Access (indicate details on buildin tans 9P ) 1 All parking spaces shall be 9 feet wide by 18 feet long When a side of any parking space abuts a building, 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) 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 All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk 6 Parking and/or storage of recreational vehicles on this site shall be prohibited 7 Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way ~. Landscaping A detailed landscape and irrigation plan, including slope planting, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits 2 Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19 08 110, and so noted on the grading plans The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods 3 A minimum of 45 trees per gross acre, comprised of the following sizes, shall be provided within the project 0% - 48-inch box or larger, 10% - 36-inch box or larger, 10% - 24-inch box or larger, 80% - 15-gallon, and 0% - 5-gallon 4 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls 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 required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 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 Completion Date -/-/- / / -/-/- _/_/. -/-/ -/-/- -/-/- -/-/. -/-/ -/-/- -/-/- -/-/. -/-/. 3 ~~~ Project No DRC2005 01060 Completion Date G H 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 7 For multifamily 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 subtect to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department 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 _/_/_ 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 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 Department prior to installation of any signs 2 Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior _/_/_ to occupancy and shall require separate application and approval by the Planning Department • prior to issuance of building permits Environmental 1 A final acoustical report shall be submitted for Planning Director 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 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 & Safety Department prior to final occupancy release of the affected homes 3 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 Planning Director in the amount of $ 474 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 Oth er 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 4 ~-~,~ Protect N o DRC2005-01060 Completion Date mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subtect to Planning Director review and approval prior to the issuance . of building permits APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS NOTE ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) J. 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 Department Protect Number (DRC2005-01060) clearly identified on the outside of all plans • h Separate permits are required for fencing and/or walls 2 Submit 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 City prior to permit issuance 4 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department K. Site Development 1 Plans shall be submitted for plan check and approved prior to construction Ali plans shall be _/_/_ marked with the protect file number (DRC2005-01060) 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 Department for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building 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 Building and Safety Department prior to permit issuance 3 The Building and Safety Official shall provide the street addresses after tract/parcel map _/_/_ recordation and prior to issuance of building permits 5 ~~ Project N o DRC2005-01060 Completion Date 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 5 Construct trash enclosure(s) er Cit Standard (ava l bl t th Pl D t t' bl p y i a e a e anning epar men s pu ic _/_/ counter) L. Ne w Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistive construction 2 The project shall be designed to comply with the 2001 California Building Codes (CBC), the _/_/_ California Fire Code and with RCFPD Ordinances 15 & 39 3 Provide compliance with the California Building Code for required occupancy separations _/_/_ 4 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505 5 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 6 Openings in exterior walls shall be protected in accordance with CBC Table 5-A / / 7 Provide the required restroom facilities per the CBC Appendix Chapter 29 _/_/_ 8 All exit components must comply with the requirements of CBC Chapter 10 (adjoining rooms, _/_/_ rated corridors, door swings, separations of exits, etc ) 9 At the time of tenant improvement plan check submittal (for construction) additional requirements _/_/_ may be required 10 Cleary indicate on the plans compliance with ADA requirements for the disabled _/_/~ 11 A registered architect must sign and stamp the plans _/_/_ M. 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 At the time of tenant improvement plan check submittal (for construction) additional requirements _/_/_ may be required 5 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 6 A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer 6 ~-1 a- Project No DRC2005-01060 N. Additional Requirements/Comments • 1 Note on title sheet that tenant improvement plans must be submitted for plan check and be approved prior to construction 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 Department if you have any questions about the procedure at (909) 477-2710 APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS O. Dedication and Vehicular Access Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City, if needed P • Street Improvements 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 required by these conditions of approval of development Construct the following perimeter street improvements including, but not limited to Street Name Curb & Gutter A C Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other Sierra Madre X X (f) X X X (e) Main Street X X X X 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) All street improvements to be installed with reduced radius turnaround per City Standard No 13, modified to fit existing right-of-way (f) Remove and replace sidewalk as needed to loin drive approach and terminate in reduced radius turnaround to the satisfaction of the City Engineer 3 Improvement Plans and Construction 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 I~ 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 Completion Date _~_~ -~-~- -~-~- -~-~- -~-~- -~-~- 7 ~~' Project No DRC2005 01060 Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along mayor 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) Puli 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 City Engineer f Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permits are required A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots h Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program i Street names shall be approved by the City Planner prior to submittal for first plan check 4 Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program 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 Protect Engineer Min Grow Street Name Botanical Name Common Name Space Spacing Size Qty Main Street Lagerstroemia indica Crape Myrtle Hybrid 3 ft 20 ft o c 24-inch Fill- "Natchez" -White box in Sierra Madre Avenue Existing street tree shall be identified and every effort should be made to match that tree type with the listed tree varieties on the approved street tree list for Rancho Cucamonga 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 defiaencies may require backfill soil amendments, as determined by the City inspector 3) All street trees are subject to inspection and acceptance by the Engineering Department 4) Street trees are to be planted per public improvement plans only Completion Date -~-~- _~-~ _/_/ -~-~- -~-~- -~-~- -~-~- _/_/~ -/-/ • 8 ~~ Protect No DRC2005-01060 Q. Public Maintenance Areas • 1 A signed consent and waiver form to Join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer R 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 building permits, whichever occurs first All drainage facilities shall be installed as required by the City Engineer Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adtacent areas 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 trunks 4 Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street, and provisions made to pass through walls S. Utilities 1 Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards Easements shall be provided as required 2 The developer shall be responsible for the relocation of existing utilities as necessary • 3 Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVW 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 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 T. General Requirements and Approvals 1 The separate parcels contained within the protect boundaries shall be legally combined into one parcel prior to issuance of building permits 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 building permit issuance if no map is involved 3 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 Department when the first building permit application is submitted to Building and Safety Form CD-2 shall be submitted to the Engineering Department within 60 days following . the completion of the construction and/or demolition protect Completion Date -/-/- -/-/ -/-/- -/-/- -/_/. -/_~ -/-/. -/-/- -/-/- -/-/. -/-/- -/-/ 9 ~~J Project No DRC2005 01060 Completion Date APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS. • U. 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 sunrise and on photo sensored cell 2 All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with _/_/_ direct lighting to be provided by all entryways Lighting shall be consistent around the entire development 3 Lighting in exterior areas shall be in vandal-resistant fixtures Provide catalog cuts of the _/_/_ proposed exterior light fixtures for City Planner review and approval V. 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 _/_/_ W Security Fencing 1 All 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 X. Windows 1 All sliding glass windows shall have secondary locking devices and should not be able to be lifted _/_/_ from frame or track in any manner Y. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/_/_ visibility 2 At the entrances of commercial or residential complexes, an illuminated map or directory of _/~/_ project shall be erected with vandal-resistant cover North shall be at the top and so indicated Sign shall be in compliance with Sign Ordinance, including an application for a Sign Permit and approval by the Planning Department 3 All developments shall submit an 8'/z" x 11 "sheet with the numbering pattern of all multi-tenant _/_/_ developments to the Police Department APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS SEE ATTACHED . ~o ~~~ µONOg ~ w Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS December 6, 2006 East Rancho Verde Village Between Grove Avenue and Sierra Madre n/o Railroad Apartment Complex DRC2005-01060 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http //www ci rancho-Cucamonga ca us/fire/index htm under the Fire Safety Division & Fire Construction Services section Search by article, the preceding number of the standard refers to the article Chose the appropriate article number then a drop down menu will appear, select the corresponding standard FSC-1 Public and Private Water Supply 1 Design guidelines for The Fire Protection water supply must be in accordance to RCFPD Standard • 9-8 The following provides design guidelines for the spacing and location of fire hydrants a The maximum distance between fire hydrants in multi-family residential projects is 400 feet No portion of the exterior wall shall be located more than 200 feet from an approved fire hydrant For cul-de-sacs, the distance shall not exceed 150 feet b Fire hydrants are to be located The preferred locations for fire hydrants are i At the entrance(s) to a residential project from the public roadways ii At intersections iii On the right side of the street, whenever practical and possible iv As required by the Fire Safety Division to meet operational needs of the Fire District v A minimum of forty feet (40') from any building c 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 exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided d Provide one fire hydrant for each 1,000 gpm of required fire flow or fraction thereof • ~~'~ FSC-2 Fire Flow The required minimum fire flow for this project, when automatic fire sprinklers are installed is 1,500 gallons 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 in accordance with NFPA 13 or 13R with central station monitoring This requirement is made in 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 project may be used to provide the required 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 are required for all projects 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 project 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 in accordance to RCFPD Standard #9-8 must be obtained prior to submitting the overhead fire sprinkler system plans FSC-4 Requirements for 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 Multifamily structures greater than 7,500 square feet 2 Multi-family residential structures in excess of 4 units 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 the building access does 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 sprinklered FSC-5 Fire Alarm System RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) requires an automatic and/or manual fire alarm system Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code C, 2 ~-~ g 2 Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6 • 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 #9-7 1 Location of Access All portions of the structures 1st story exterior wall shall be located within 150 feet of Fire District vehicle access, measure on an approved route around the 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 inside turn radius shall be 20 feet c The minimum outside turn radius shall be 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 on each side 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 percent Support a minimum load of 70,000 pounds gross vehicle weight (GVW) Trees and shrubs planted adJacent to the fire lane shall be kept trimmed to a minimum 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 in accordance with the 2001 California Building Code, Fire and/or any other applicable standards 4 Access Walkways Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings 5 Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1 The following design requirements apply a Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS b Gates must slide open horizontally or swing inward 3 ~~ c Gates may be motorized or manual d When fully open, the minimum clearance dimension of drive access shall be 20 feet • e Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20 00 f Motorized gates must open at the rate of one-foot per second g The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction h Motorized gates shall be equipped with a Knox override key switch The switch must be installed outside the gate in a visible and unobstructed location For motorized gates, a traffic loop device must be installed to allow exiting from the complex If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation Bi-directional or multiple sensors may be required due to complexity of the various entry configurations 6 Fire Lane Identification Red curbing and/or signage shall identify the fire lanes A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval 7 Approved Fire Department Access Any approved mitigation measures must be clearly noted on the site plan A copy of the approved Alternative Method application, if applicable, must be • reproduced on the architectural plans submitted to B&S for plan review 8 Roof Access There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road a This access must be reachable by either fire department ground ladders or by an aerial ladder b A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access c The number of ladder points may be required to be increased, depending on the building size and configuration d Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard e Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required f Multiple access ladders may be required for larger buildings g Ladder construction must be in accordance with the RCFPD Roof Access Standard 9-9 Appendix A and drawings 9-9a and 9-9b h A site plan showing the locations of the roof ladder shall be submitted during plan check 4 ~J~~~ Ladder points shall face a fire access roadway(s) FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction Plan check submittal is required with the permit application for approval of the permit, field inspection is required prior to permit issuance 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 • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Flammable and Combustible Liquids • Spraying or Dipping Operations • Hazardous Materials • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings FSC-11 Hazardous Materials -Submittal to the County of San Bernardino 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) 387-4631 for forms and assistance The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga If the facility is a NEW business, a Certificate of Occupancy issued by Building & 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 issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility 2 Any business that operates on rented or leased property which is required to submit a Plan, is also required 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 provisions The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards 5 x-101 FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee FCS-14 Map Recordation RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project The protect appears to be located on a property that is being subdivided The reciprocal agreement is required to be recorded between property owners and the Fire District The recorded agreement shall include a copy of the site plan The Fire Construction Services shall approve the agreement, prior to recordation The agreement shall be recorded with the County of San Bernardino, Recorders Office Reciprocal access agreement -Please provide a permanent access agreement between the owners granting irrevocable and anon-exclusive easement, favoring 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, without Fire Department approval The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District Reciprocal water covenant -Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems faalities in general) The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District • FCS-15 Annexation of the parcel map Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building permits Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits Private Water Supply (Fire) Systems 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 Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4 The Building & Safety Division and Fire Construction Services will perform plan checks and inspections All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped • 6 ~-~oa 2 Public Water Supply (Domestic/Fire) Systems 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 CCWD On the plan, show all existing fire hydrants within a 600-foot radius of the protect All required public • fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials 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 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 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 is responsible for obtaining the fire flow information from CCWD and submitting 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 in 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 in 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, m 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 verifying the fire flow available The fire flow available must meet or exceed the required fire flow m accordance with the California Fire Code 3 Fire Sprinkler System Prior to the issuance of a Certificate of Occupancy, the 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 (subtect 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 equipment is placed in 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 ~-I 03 7 Access Control Gates Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #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 parking, 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 granting of occupancy, 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 building setback from the public roadway exceeds 100 feet, additional 4-inch numbers shall be displayed at the property entry 10 Address Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings 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 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 Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings The suite designation numbers and/or letters shall be provided on the front and back of all suites 11 Fuel Modification Please refer to RCFPD Summary of Fire Hazardous Area requirements • 12 Hazardous Materials Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing 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 Materials/Emergency Response and Enforcement Division The applicant must also obtain inspection and acceptance by Fire Construction Services 13 Confidential Business Occupancy Information The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form This form provides contact information for Fire District use in the event of an emergency at the subject building or property This form must be presented to the Fire Construction Services Inspector 14 Mapping Site Plan Prior to the issuance of a Certificate of Occupancy, a 8'/z" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard The site plan must be reviewed and accepted by the Fire Inspector • 8 p~(O~ • • • - --..,,~ -~w ~~ ,~ ~~~ ~ _= T H E C I T Y O F 12 A N C H 0 C U C A M O N G A Staff Report DATE January 10, 2007 TO Chairman and Members of the Planning Commission FROM James R Troyer, AICP, Planning Director BY Michael Diaz, Senior Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND HOUSING INCENTIVE AGREEMENT FOR EAST RANCHO VERDE VILLAGE DRC2006-00916 - PITASSI ARCHITECTS -Review of proposed Housing Incentive Agreement to implement Development Review DRC2005-01060 by modifying certain development standards for the construction of 40 workforce apartment units on vacant property in Medium-High Residential District (14-24 dwelling units per acre), located immediately east of the existing Rancho Verde Village multiple-family residential development at the southerly terminus of Sierra Madre Avenue - APN 0207-254-67 and 68 Related files Development Review DRC2005-01060 This item will be forwarded to the City Council for final action SUMMARY The Southern California Housing Corporation has submitted an application requesting approval of an Affordable Housing Incentive Agreement pursuant to California Government Code Sections 65915 to 65918 and Development Code Chapter 17 40 The purpose is to faalitate the construction of 40 new affordable apartment units and related improvements on 1 75 acre of land adjacent to the east side of the Rancho Verde Village apartment complex located at 8837 Grove Avenue The Affordable Housing Incentive Agreement proposes that modifications to specific development standards of the district to be allowed to make the project economically feasible to provide the affordable apartment units The proposed Affordable Housing Incentive Agreement is associated with Design Development Review DRC2005-01060 The plans presented for Planning Commission review have been designed with the modified standards identified in the draft Affordable Housing Incentive Agreement The Planning Commission's approval of this project is contingent upon City Council's final approval of the Affordable Housing Incentive Agreement BACKGROUND Under State law, aties are required to provide development incentives for the development of affordable housing units within their jurisdiction The more affordable the units, the more incentives the City must grant Typically, these incentives include extra density and/or relaxed development standards in exchange for the creation of affordable units However, with this project, the applicant is requesting incentives to relax specific development standards to make the proposed project economically feasible for creating the 40 affordable units The proposed Affordable Housing Incentive Agreement identifies the specific areas where the applicant is requesting that development standards be amended for the project A copy of the draft Affordable Housing Incentive Agreement is attached for review The section entitled Item C PLANNING COMMISSION STAFF REPORT DRC2005-01060 -SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 2 Operative Provisions identifies the speafic development standards to be amended including amendments to the required minimum lot size for the development at the density requested required setbacks from adjacent single-family properties, interior building setback/separation, visitor parking, and perimeter wall height Plans prepared for the project reflect the modified standards Final approval of the Affordable Housing Incentive Agreement is subject to City Counal approval If the agreement is approved by the City Council, the project can proceed as proposed and approved by the Planning Commission If Council does not approve the agreement, the project will need to be revised or abandoned ANALYSIS A General The Southern California Housing Corporation is proposing to develop 40 new affordable apartment units and a 10,300-square foot community center/laundry building adjacent to and connected with the existing Rancho Verde Village apartment complex The project and the existing complex is owned and operated by Southern California Housing Corporation The new units will be located in 2 three-story buildings that have an open courtyard, plus 4-units above the community center Each new unit will have 3-bedrooms and a floor area ranging from approximately 1,100 to 1,300 square feet Covered parking will be provided in the garages (42 spaces) and carports (40 spaces) located against the south and east boundaries of the site m the buildings with 7 single-car • garages each The carports and guest parking spaces are located on the north property line and around the interior of the site B City Attorney Review James Markman, City Attorney, has reviewed and approved the Agreement as to form and content C Design Review Committee The project was reviewed by the Design Review Committee (Fletcher, McPhail, and Coleman) on October 31, 2006 Plans prepared for the project and the Committee review reflected the modified standards The Committee found the project to be well designed and granted conceptual approval D Grading and Technical Review Committee On November 14, 2006, the Building and Engineering Departments conceptually approved the project E Environmental Assessment An Initial Study was prepared for the entire project and released for public review on December 11, 2006 Based on the findings of the Initial Study, staff determined that the project could have a potentially significant adverse environmental impact unless reduced to a level of less-than-significant by the implementation mitigation measures Proposed mitigation measures have been included as conditions of approval for the project Therefore, a Mitigated Negative Declaration is proposed for the project PUBLIC NOTICE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all the property owners within a 600-foot radius of the project site to properties to the north, south, east, and west A total of 130 notices were mailed ~-~ PLANNING COMMISSION STAFF REPORT DRC2005-01060 -SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 3 STAFF RECOMMENDATION Staff recommends that the Planning Commission to adopt the attached Resolution recommending City Council approval of DRC2006-00916, the Affordable Housing Incentive Agreement for the East Rancho Verde Village project Respectfully submitted, ~3 ~~~ 0 Ja s R Troyer, AICP Planning Director JT MPD/rlc Attachments Exhibit A -Draft Affordable Housing Incentive Agreement for East Rancho Verde Village Draft Resolution Recommending Approval of Housing Incentive Agreement • • C-3 • HOUSING INCENTIVE AGREEMENT THIS HOUSING 1NCENTNE AGREEMENT rs dated for rdentrficatron purposes as of _ • 200_, and rs by and between the CITY OF RANCHO CUCAMONGA, a public body, corporate and polnc~ (the "City") and THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation (the "Owner") (City and Owner are sometimes referred to herein individually as a "Party" and collectively as the "Parties") RECITALS A The Rancho Cucamonga Redevelopment Agency (the "Agency") and Owner entered uito that certain Affordable Housing Agreement dated as of June 28, 2005, as amended by that certain First Amendment to Affordable Housing Agreement dated as of March 9, 2006 (as amended, the "AHA") Among other things, the AHA provides for Agency financral assistance to Owner to aid ur acquisition of certain real property (the "Srte") described on Exhibit "A" attached hereto, constructron of 40 tluee-bedroom apartments as well as amemhes uicludrng a communrty center, Joggrng paths and a hardcourt play area to serve larger famrlres (collectrvely, the "Improvements") and operation of those Improvements to provrde rental housing for famrlres of very low, low and moderate uicome wrthm the Crty The Srte and Improvements constrtute a protect conunonly known as East Rancho Verde Vrhlage ("East Rancho Verde Vrllage" or "Protect") Housing Incentive Agreement 1 EXHIBIT A c-~ Tlus document is exempt from the SPACE ABOVE THIS LINE FOR RECORDER'S USE payment of a recording fee pursuant to Govt Code X27383 • B Owner currently owns and operates a 248-unit affordable multifamily apartment coirununity adJacent to and west of the Srte conunonly known as Rancho Verde Village, descnbed on Exhibit "B" attached hereto (" Rancho Verde Village") C The City has adopted Chapter 17 40 of the Development Code (the "Affordable Housing Ordinance") to implement Sections 65915 and 65917 of the Cahfornia Govenunent Code, to facilitate the development of affordable housing and to implement the goals, objectives and policies of the Housing Element of the City's General Plan D Pursuant to applicable provisions of the AHA, a Regulatory Agreement and Declaration of Restrictive Covenants between the Agency a.nd the Owner (the "Regulatory Agreement") and an Operation and Maintenance Agreement between the Agency and the Owner (the "O&M Agreement") were recorded on July 22, 2005 as instrument Nos 2005-0530600 and 2005-0530601, respectively, of Official Records of San Bernardino County, California The Regulatory Agreement restncts rental of 19 of the 40 apartment units in the Project to "very low income households," as defined in Section 17 40 20 A of the Affordable Housing Ordinance and an additional 13 amts for occupancy by "lower income households," as defined therein The Regulatory Agreement also restncts the rents which can be charged by Owner to qualif}nng tenants who will occupy the Pio~ect, by requiring that all apartments m the Project shall be rented at an "affordable rent," as defined ui Section 17 40 020 of the Affordable Housing Ordinance E Under paragraph 3 1 of the Regulatory Agreement, the term thereof is "ui • perpetuity," but in the event that a term "in perpetuity" should be determined to be m violation of any state or federal law, then the term of the Regulatory Agreement expires July 21, 3004 (a term of 99 years following recordation) F In order to construct all of the linprovements on the Site so that the same maybe operated to provide affordable housing to the tenants identified in the Regulatory Agreement, Owner has requested that the City grant certain mcenttves to the Project including a reduction m Site development standards and a modification of the requirements of the City's Development Code which are applied to the review and approval of the Tinprovements The grant of such incentives is necessary to snake the Protect econoimcally feasible and to enable construction of the Protect i G The amt sizes and number of bedrooms of apartments in East Rancho Verde Village targeted for rental to very low income households and low income households as restricted in the Regulatory Agreement are as follows Number of Apartments Average Square Foota e~ of Aparhnent Number of Bedrooms Very Low Tilcome Households 19 1084 3 Lower Income Households 13 1084 3 Housing Incentive Agreement 2 C -~ Consequently, 80% of the 40 apartment units to be constructed m East Rancho Verde Village qualify as "Target Units" under the Affordable Housilg Ordinance, enabling the Project to qualify for a density bonus and three incentives thereunder Based on its finding of the necessity therefore, by this Housmg Incentive Agi Bement the City has approved reductions and modifications to the Development Code as applied to the Improvements, as are specified herein H Although Owner will own and operate Rancho Verde Village and East Rancho Verde Village as two separate and distinct plo~ects, because they are contiguous Owner has also requested that certain amenities be shared between the two con-inunrties, including ingress and egress over Rancho Verde Village for residents of East Rancho Verde Village, use by the residents of Rancho Vetde Village of the community room and other amenities constructed on East Rancho Verde Village, and use by the residents of East Rancho Verde Village of certain amenities constructed within Rancho Verde Village, mcludilg guest parking spaces located on Rancho Verde Village I City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth ii this Housing Incentive Agreement touch and concern the Site m that the Owner s legal interest m the Srte and the Project is rendered less valuable thereby The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants touch and concern the Site by enhancing and increasing the enjoyment and use of the Project by persons and families of lower income and very low mcoine, who are the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public polictes for which this Housing Itcentive Agreement is adopted Further, • the parties hereby agree that such covenants, reservations and restrictions benefit all other real property located within the Crty OPERATIVE PROVISIONS NOW, THEREFORE, City and the Owner hereby agree as follows 1 Reduced and Modified Standards Pertauun~ to Development of East Rancho Verde Village City agrees that pursuant to the application of Section 17 40 040 B of the Affordable Housmg Ordinance, the following incentives may be incorporated into the final site plan and ancillary and associated plans (grading, landscapilg, etc) for East Rancho Verde Village submitted by Owner to the Crty for development review (a) Location of buildings of various heights shall be subject to approval during the Development Review process, but, notwithstanding the generality of the foregoing, tlu-ee-story apartment buildings shall be allowed to be located a muumum of 53 feet from the east and north property lines of East Rancho Verde Village, measured to the face of the closest patio balcony of such building Hous-ng Incentive Agreement • ~~ (b) Garages, carports, trash enclosures and other improvements which might be constructed as a part of the East Rancho Verde Village project shall be pernZitted to be conshucted with a zero setback from the north, east and south property lines of the East Rancho ~ Verde Village property, subject to approval of final location dunng the Development Review j process (c) Height, materials and design of the perimeter wall proposed for the south, east and portions of the north property tine of East Rancho Verde Village shall be subject to review and approval dunng the Development Review process, but, notwrthstandmg the generality of the foregoing, the height of the perimeter walls located on the south and east property lines may be up to, but may not exceed, a maxnnum of 11 feet, measured from the finished grade at the tterior side of the wall, which forms a part of the garage buyld~ngs located on the property lures, and the height of the perimeter wall at the north property line maybe up to, but may not exceed, a maxnnum of 8 feet high, measured from finished grade at the interior side of the wall (d) The City agrees that the following items, which are available as incentives under Section 17 40 040 B(1)(a) of the Affordable Housing Ordinance, shall be applied during the Development Review process for the East Rancho Verde Village project, which shall be peimrtted variances from those same restrictions as currently contained in the Development Code of the City (i) The minimum building setback from a drive aisle shall be not less than 12 feet, (u) The mmnnum building setback from the curb of a drive aisle or other paved area to the face of a patio or balcony wall shall be not less than 6 feet, (iii) The minimum setback from the face of a patio or balcony wall to the nearest portion of any carport shall be not less than 6 feet, (iv) The minimum width of landscaped area between patio wall and sidewalk shall be not less than 2 feet, (v) The minimum separation from building to building for atwo-story and athree-story structure shall be not less than 30 feet, (vi) The minmum separation from building to patio wall or balcoiry may be not less than 20 feet, and from patio wall or balcony to patio wall or balcony shall be not ! less than 14 feet, i ~ (vu) The minimum number of washer/dryer facilities shall be calculated at not less than one (1) washer and one (1) dryer for every six (6) apartment urns, and Housing Incentive Agreement 4 C~ (vn) The mnnnmum number of trees required to landscape the East • Rancho Verde Village project shall be not less than twenty-five (25) trees per gross acre (e) Although the area within East Rancho Verde Village totals less than the 5- acre minimum noted nn the Optional Development Standards, because of the operation of East Rancho Verde Village nn conjunction with the Rancho Verde Village community, and because the two projects will contain nn excess of 13 acres, construction of the East Rancho Verde Village project will be permitted on the Srte, which ns currently zoned Medium-High Residential 2 Ingress and Egress Upon approval of Development Review of the Project, the Declaration of Reciprocal Easements for Ingress and Egress and Corninon Use attached hereto as Exhibit "C" (the "Reciprocal Easement Agreement") shall be recorded providing, governing and controlling the ~omt ingress and egress for residents of Rancho Verde Village and East Rancho Verde Village over each respective project and point use of the coirinunity facilities located on the two projects mcludiig the community center and recreational amenities (tot lot and hardcourt play area) located on East Rancho Verde Village and swimming pools, tot lot, guest parking spaces, leasing office and dogging path located on Rancho Verde Village The area subject to the reciprocal ulgiess and egress agreement is depicted on Exhibit "C" to the Reciprocal Easement Agreement, and the community center and related recreational amenities are depicted on Exhibit "D" to the Reciprocal Easement Agreement 3 Recreational Amenities Because some recreational facilities m both Rancho Verde Village and East Rancho Verde Village will be used by residents of both communities, consideration and tabulation of required amenities shall be determined dunng review of the Project as ifboth Rancho Verde Village and East Rancho Verde Village were one project, stems will be permitted to be duplicated between East Rancho Verde Village and Rancho Verde Village to achieve overall compliance with the Development Code 4 Completion and Occupancy A schedule of completion and occupancy of the apartment units in East Rancho Verde Village targeted for occupancy by very low income households and low income household is attached hereto as Exhibit "D" and incorporated herein by reference 5 Recitals The Recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement 6 Bindil~ Effect of Agreement The Owner and the Crty hereby declare their specific intent that the covenants, reservations and restrictions contained wrtlin this Housing Incentive Agreement shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Project Owner agrees that this Housing Incentive Agreement shall be recorded to subject the Project and the Site to the covenants, reservations and restrictions set forth hereil Each and every contract, deed, regulatory agreement or other instrument hereinafter executed, covering or conveying the Project, Housing Incentive Agreement • C.~O the Site or any portion thereof shall conclusively to be held to have been executed, delivered and accepted subject to the covenants, reservations and restnctrons expressed m this Housing Incentive Agreement, regardless of whether such covenants, reservations and restrictions are set forth rn such contract, deed or otlncr rnstrutnent 7 Relatronslup of Parties It rs understood that the contractual relatronslup between the Crty and Owner rs such that the Owner rs an independent party and rs not the agent of the Crty and rs not to be considered as an agent of the Crty for any purpose whatsoever 8 Re ug lator~greement In addition to the requirements of this Housing Incentive Agreement, the Owner shall comply with all of the terms and condrtrons of the Regulatory Agreement and O&M Agreement with the Agency 9 Tenn of A cement The term of this Housing Incentive Agreement shall cornrnence on the date of execution hereof by the Crty and shall expire concurrently with expiration of the Regulatory Agreement Thrs Housmg Incentive Agreement shall be deemed to be terminated automatically rf Owner does not obtain a certificate of occupancy for all of the Improvements wrtlun three (3) years fiom the effective date hereof 10 Indernnrfication Owner agrees to mdemmfy, defend and hold Crty and rts elected officials, officers, agents and employees free and harmless from liability for damage or clarrns for damage for personal rn~unes, including death, and claims for property damage which may arise from the direct or indirect operations of Owner or those of its contractors, subcontractors, agents, employees or other persons acting on rts behalf which relate to the Project Owner agrees to rndemrify and shall defend Crty and rts elected officials, officers, agents, arnd employees with respect to actions for damages caused or alleged to have been caused by reason of Owner's actrvrtres m connection with the Project with legal counsel reasonably satisfactory to the Crty Tlus mdemrufication provision applies to all damages and claims the operations referred to rn this Housmg Incentive Agreement regardless of whether or not the Crty prepared, supplied or approved the plans, specifications or other documents for the Project Notwithstanding the foregoing, this provision shall not apply to any such clams which arise out of, or by reason of, the gross negligence or willful rmsconduct of the Crty, rts elected o~crals, agents and employees 11 Non-Liability of Crty Officials, Employees and Agents No member, official, employee, or agent of the Crty shall be personally liable to tine Owner or any pennrtted successor- ii-interest of the Owner iz the event of default or breach by the Crty or the Agency under this Housmg Incentive Agreement or for any amount which may become due to the Owner, rts successors or under any obligation under the terms of this Housing Incentive Agreement 12 Amendments Thrs Housing Incentive Agreement maybe amended or canceled, m whole or rn part, only by mutual wntten consent of the Parties and then m the marnner provided for m the Ordinances of the Crty Housing Incentive Agreement r 13 Admiustratrve Modifications Minor conflicts resulting from the strict • urterpretatron of the application of the City's development regulations with this Housing Incentive Agr Bement may be modified administratively bythe City Plaruler 14 Enforcement )li the event of a default under the provisions of this Housing Incentive Agreement by Owner, City shall give written notice to Owner (or its successor) at the address of the Project, and by registered or certified mail addressed to the address stated herein, and rf such violation rs not corrected to the reasonable satisfaction of the Crty within thirty (30) days after such notice rs given, or rf not corrected within such reasonable time as may be required to cute the breach or default rf said breach or default canilot reasonably be cured within thirty (30) days (provided that acts to cure the breach or default must be coninenced within said 30 days and must thereafter be diligently pursued by Owner), then City may, without further notice, declare a default hereunder and may bang any action necessary to specifically enforce the obligations of Owner growing out of the operation of this Housing Incentive Agreement, apply to any court, state or federal, for rn~unctrve r elref against any violation by Owner of any provision of this Housing Incentive Agreement or apply for such other relief as maybe appropriate After completion of the Project pursuant to the terms of this Housing Incentive Agreement, any default may alternatively be enforced as any normal violation of the standards and provisions of the Rancho Cucamonga Municipal Code Accordingly, the following penalty rs specifically included as part of this Housing Incentive Agreement "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Housing Incentive Agreement Any person, fine, partnership, or corporation violating any provision of this Housing Incentive Agreement by failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000) or by rmpnsomnent not exceeding six (6) months, or by both such fuse and rrnprisomnent Each such person, firm, partnership or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Housing Incentive Agreement rs cornrnrtted, continued or permitted by such person, firni, partnership or corporation, and shall be punishable therefore as herein provided " 15 Event of Default Owner shall Ue m default under this Housing Incentive Agreement upon the happening of one or snore of the following events on conditions (a) If a material wananty, representation or statement rs made or furnished by Owner to Crty and rs false oz proved to have been lcnowrngly false in any material respect when rt was made, (b) If a finding and deterrmnatron rs made by Crty following an anilual review, upon the basis of substantial evidence that Owner has not complied m good faith wrath any material terns and conditions hereof, after notice and opportunity to cure, or Housing Incentive Agreement • C -"~. (c) A breach by Owner of any of the provisions os terms hereof, after notice and opportunity to cure as provided herein 16 No Waiver of Remedies City does not waive any claim of defect rn performance by Owner if on perodre review Crty does not enforce or terminate this Housing Incentive Agreement Nonperformance by Owner shall not be excused because performance by Owner of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City or the Agency All other remedies at law os m equity which are not otherwise provided herein or to City's regulations govertung housing incentive agreements ate available to the Parties to pursue ul the event that these is a breach hereof No waiver by City of any breach or default of Owner under this Housing Incentive Agreement shall be deemed to be a waiver by City of any other subsequent breach or default hereunder either of the same provision or any different provision hereof 17 Rights of Lenders under this A~;reernent Should Owner place or cause to be placed any encumbrance or hen on the Protect, or any part thereof, the beneficiary ("Lender") of said encumbrance or lien, including, but not limited to, mortgages, shall have the nght at any time dunng the term hereof and the existence of said encumbrance or lien to (a) Do any act or thing required of Owner hereunder, and any such act or thing done or performed by Lender shall be as effective as sf done by Owner itself, (b) Realize on the secunty afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as the "trust deed"), (c) Transfer, convey or assign the title of Owner to the Protect to any purchases at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order of pursuant to a power of sale contained m a trust deed, and (d) Acquire and succeed to the urterest of Owner by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed The Csty agrees that the terms of tlus Housing Incentive Agreement are subordinate to any such financing instrument and shall execute fiom time to time any and all documentation reasonably requested by Owner of Lender to effect such subosdmation 18 Notice to Lender City shall give written notice of any Owner default or breach hereunder to Lender and afford Lender the opportunity after service of the notice to (a) Cure the breach or default wrtlun sixty (60) days after service of sand notrce, where the default can be cured by the payment of money Housing Incentive Agreement 8 I C 1~ (b) Cure the breach of default within sixty (60) days after service of said nonce, whet e the breach or default can be cured by something other than the payment of money and can be cured wrtlin that tune, or (c) Cure the breach or default m such reasonable tune as maybe requri ed where something other than payment of money is required to cure the breach or default and camlot reasonably be peifonned wrtlun sixty (60) days after said notice, provided that acts to cure the bi each of default are commenced wrthm a 60-day period after service of said notice of default on Lender by Crty and are thereafter diligently continued by Lender to completion 19 Action by Lender Notwithstanding any other provision of this Housing Incentive Agreement, a Lender may forestall any action by City for a breach or default under the terms hereof by coimnencuig proceedings to foreclose rts encumbrance by order of court or under a power of sale contained m the instrument creating the encumbrance or hen The proceedings shall not, however, forestall any such action by the City for the default or breach by Owner unless (a) They are commenced wrtlin sixty (60) days after service on Lender of the notice described hereinabove, (b) They are, after having been commenced, diligently pursued in the manner required by law to completion, and (c) Lender keeps and performs all of the terms, covenants and conditions of • this Housing Incentive Agreement requiring the payment or expenditure of money by Owner until the foreclosure proceedings ate complete or are discharged by redemption, satisfaction or payment 20 Rent Control In consideration for the limitations herein provided, Crty agrees that rt shall not, during the term of this Housing Incentive Agreement, take any action, the effect of which will be to control, detennme or affect the rents for those low income rental units located in the Project, except as otherwise provided herein Enforcement of the Regulatory Agreement and/or the O&M Agreement by the City and/or the Agency shall be specifically permitted and reserved to the City and the Agency, as applicable 21 Notice Any notice required to be given by the terms of this Housing Incentive Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as maybe later specified by the parties hereto Owner The Southern California Housing Development Corporation 9065 Haven Avenue, Suite 100 Rancho Cucamonga, Californa 91730 Attn President Housing Incentive Agi Bement 9 • C,-~ a- City City of Rancho Cucamonga 10500 Civic Ceirter Dnve P O Box 807 Rancho Cucamonga, California 91730 22 Attorneys' Fees In any proceedings ansing from the enforcement hereof or because of an alleged breach of default hereunder, the prevailing party shall be entitled to recover its costs and its r easonable attorneys' fees incurred dunng the proceeding as may be fixed within the discretion of the court 23 Bmdin E~ ffect This Housing Incentive Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors, and assigns, wherever the context requires or adrnrts 24 Applicable Law This Housing Incentive Agreement shall be construed m accordance with and governed by the laws of the State of California 25 Partial lizvahdity If any provisions hereof shall be deemed to be mvahd, illegal or unenforceable, the validity, legality or enforceability of the remauung provisions hereof shall not u1 any way be affected or impaired thereby 26 Recordation Tlus Housing Incentive Agreement shall, at the expense of Owner, be recorded in the Official Records of the County Recorder of the San Bernardino County IN WITNESS WHEREOF, this Housing hicentive Agreement shall be effective on the date rt is signed by the City (the "effective date" hereof) CITY OF RANCHO CUCAMONGA Dated , 200_ By _ Name Title ATTEST City Clerk By _ Name [signatures continue on following page) • Housi~ig Incentive Agreement 10 ~ -~3 Approval as to Form City Attorney By _ Name Dated , 200_ • THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION, a California nonprofit public benefit corporation By _ Name Title • Hous-ng Incentive Agreement 11 CVO ,. • EXHIBIT "A" [legal description of East Rancho Verde Village] i ' Housing Incentive Agreement C, ~rSf LEGAL DESCRIPTION Parcel 1 8819 Serra Madre Avenue That portion of Lot 29 in Section 9, Township 1 South, Range 7 West, San Bernardino Meridian, according to Map of Cucamonga Lands, as per Map recorded in Book 4, Page 9 ,of Maps, in the Office of the County Recorder of said County, described as follows Beginning 895 96 feet East of the Northwest corner of said Lot, thence South 474,09 feet to the North line at and Santa Fe Railroad right of way, thence Easterly along said right of way to the East line of Lot 29, thence North to the Northeast corner, thence West to the point of beginning Excepting therefrom that portion lying West of the Southerly extension of the West line of Sierra Madre Avenue and excepting the North 97 01 feet and excepting the South 240 feet thereof A-1 ~i C--l ~ • Parcel 2 8839 Sierra Madre Avenue PARCEL 1 The South 240 feet of that portion of Lot 29, Section 9, Township 1 South, Range 7 West, San Bernardino Meridian, according to the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per Map recorded In Book 4, .Page 9 of Maps, m the Office of the County Recorder of said County, lying Easterly of the Southerly prolongation of the Westerly line of Sierra Madre Avenue, as said Avenue is shown on the Maps of Eureka Gardens, Tract No 1829, as per Plat recorded m Book 28, Page 20, of Maps, Records of said County PARCEL 2 A non-exclusive easement for ingress and egress over and across that portion of Lot 29, Section 9, Township 1 South, Range 7 West, San Bernardino Meridian, lying within the Southerly extension of Sierra Madre Avenue, as said Avenue is shown on the Map of the Eureka Gardens Tract No 1829, as per Plat recorded in Book 28, Page 20 of Maps, Records of said County Excepting therefrom the South 240 feet A-2 ~~~1 EXHIBIT "B" • [legal descript-on of Rancho Verde Village] • • Hous-ng Incentive Agreement Gag EXHIBIT "B" RANCHO VERDE VILLAGE LEGAL DESCRIPTION LOTS 1, 2 AND 3 OF TRACT MAP NO 12091, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 177 AT PAGES 175 THROUGH 178 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY • i C~l~ EXHIBIT "C" [Reciprocal Easement Agreement] • • Housing Incentive Agreement • c-~ • Recording Requested By -- and -- And When Recorded Mail To The Southern California Housing Development Corporation 9065 Haven Avenue, Suite 100 Rancho Cucamonga, CA 91730 Attn Executive Director SPACE ABOVE THIS LINE FOR RECORDER'S USE DECLARATION OF RECIPROCAL EASEMENTS FOR INGRESS AND EGRESS AND COMMON USE • THIS DECLARATION OF RECIPROCAL EASEMENTS FOR INGRESS AND EGRESS AND COMMON USE (the "Declaration") rs dated as of , 200_ and is made on the basis of the following facts, understanduigs and intentions RECITALS A The undersigned ("Declarant") is the owner of two adjacent parcels of real property located in the City of Rancho Cucamonga, San Bernardino County, California On one of the parcels, Declarant currently owns and operates a 248-unit affordable housing apartment complex coinrnoi~ly known as Rancho Verde Village (sometimes referred to herein as "Parcel 1" or "Rancho Verde Village"), which is desenbed more specifically on Exhibit "A" attached hereto and incorporated herein by reference Declarant also owns the adjacent parcel located rimnediately east of and contiguous to Rancho Verde Village (which real property is sometimes referred to her ern as "Parcel 2," "East Rancho Verde Village" or the "Site"), descnbed more specifically on Exhibit "B" attached hereto and incorporated hereui by reference Parcel 1 and Parcel 2 are sometimes referred to herein rndrvidually as a "Parcel" and collectively as the "Parcels " B Declarant uitends to develop and construct forty (40) 3-bedroom apartment units to form East Rancho Verde Village, which will be managed and operated as an apartment coinmumty providuig affordable housing for families of very low, low and moderate income Declaration of Reciprocal Easements for Ingress and Egress and Common Use C ~~ C Under the terms of that certain Affordable Housing Agreement dated June 28, • 2005 between the Rancho Cucamonga Redevelopment Agency (the "Agency") and Declarant, as amended (the "Affordable Housing Agreement") relating to acquisition of, financing for, and construction and use of improvements on Parcel 2, Declarant has agreed to maintain and operate Rancho Verde Village and East Rancho Verde Village as two separate and distinct apartment communities Declarant has also agreed to certain restnctrons on use and operation of East Rancho Verde Village which are contained m the Regulatory Agreement and Declaration of Restrictive Covenants between the Agency and Declarant and m the Operation and Maintenance Agreement between the Agency and Declarant, both of which are dated July 6, 2005 and which were recorded on July 22, 2005 as Document Nos 2005-0530600 and 2005-0530601, respectively, of the Official Records of San Bernardino County, California D Declarant and the City of Rancho Cucamonga (the "City") have entered into that certain Housing Incentive Agreement dated as of , 200_ The Housing Incentive Agreement confines certatn incentives to Declarant i1 the development of East Rancho Verde Village granted by the City under the provisions of Chapter 17 40 010, et seq (the "Affordable Housing Ordinance") of the Ordinances of the Crty 'T'his Declaration rs executed by Declarant rn satisfaction of applicable executory provisions of the Housing Incentive Agreement E Although Declarant will provide emergency access to East Rancho Verde Village froth Sierra Madre Avenue (at which location fire and other emergency access will be provided to both East Rancho Verde Village and Rancho Verde Village), on a day-to-day basis the residents of East Rancho Verde Village can only gain access to their apartment units by dnvtng • across existing dnve aisles within Rancho Verde Village F Declarant is constructing certatn recreational amenities as a part of East Rancho Verde Village, including a community center, a tot lot and a hardcourt play area, which amemttes will also be made available for use to the residents of Rancho Verde Village Additionally, certain amemttes located on the Rancho Verde Village property, that is, swimrntng pools, a tot lot, guest parking spaces, the leasing office, and the~oggtng path, will be made available for use to the residents of East Rancho Verde Village G h1 order to guaranty access by the East Rancho Verde Village residents to their apartment units and to confine reciprocal easements for the use of dnveways and drive aisles on both East Rancho Verde Village and Rancho Verde Village which provide tigress and egress to and from both Parcels, and to confine the use of amenities on both Parcels by the residents of each, Declarant desires to subject the Parcels to the easements described herein for the benefit of the present and future owners of each of the Parcels and their respective tenants and occupants and their guests and tivrtees Declaratron of Reciprocal Easements for Ingress and Egress and Conuuon Use 2 • C d-~- OPERATIVE PROVISIONS NOW, THEREFORE, rn consideration of the foregoing Recitals and the mutual covenants and conditions set forth rn tlus Declaration and for other good and valuable considerafton, the receipt and sufficiency of which is hereby acknowledged, Declarant hereby declares that the Parcels shall beheld, conveyed, encumbered, leased, occupied or otherwise used and transferred subject to the reciprocal rights and easements created m this Declaration 1 Access, Ingr ess and Egress EasemeJZt Each of Parcel 1 and Parcel 2 owned by Declarant shall have appurtenant to that Parcel a nonexclusive, perpetual easement for pedestrian, pedestrian vehicle and light truck access, ingress, egress and travel over and across that Parcel rn favor of the other Parcel, covering those portions of the Parcels depicted on the attached Exlubrt "C" (the common driveway area depicted on Exlubrt "C" rs referred to her ern as the "Driveway" or the "Driveway Easement Area") Additionally, Parcel 2 shall have appurtenant to that Parcel anon-exclusive, perpetual easement over Parcel 1 for the tenants and occupants of Parcel 2 to use guest parking spaces located on Parcel 1 (the "Guest Parking Easement") The easement rights granted under this Section 1 are to be strictly interpreted and, except as rs specifically provided by the Guest Parking Easement, are not intended to, and do not, confer the right of the residents of a Parcel to park on the other Parcel The easements described herein are appurtenant to each Parcel, and each Parcel rs both benefitted and burdened thereby These easements are for the benefit and enjoyment of the owner of each Parcel and of all occupants thereof and their respective employees, agents, customers and guests, invitees, heirs, • successors and assigns Notwithstanding the generality of the foregoing, however, use of such easements, the Driveway Easement Area on each Parcel and the area on Parcel 1 subject to the Guest Parking Easement shall be subject to reasonable rules, regulations and restrictions as provided herein The owner of each Parcel may make any subsurface use of that portion of a Driveway Easement Area located on that owner's Parcel which does not unreasonably interfere with the surface use of the Driveway Easement Area 2 Joarzt Use ofArnenrtres (a) A conununrty room will be located within Building No 3 to be constructed by Declarant as a part of the unprovements constrturing East Rancho Verde Village, situated generally m the area shown on Exlubrt "D" hereto (the "Comrnumty Roorn") and Declarant will also construct a tot lot and hardcourt play area as a part of the East Rancho Verde Village project Declarant shall make the Conununrty Room, tot lot and hardcourt play area located on East Rancho Verde Village available for use to the residents of both East Rancho Verde Village and Rancho Verde Village, subject to the right of Declarant or Declarant's successor as the owner of Parcel 2 to adopt reasonable rules and regulations regarding scheduling and use thereof, which might include, but not be lunrted to, future execution of use agreements with rndemnrficatron provisions and the provision of insurance Declaration of Reciprocal Easements ' for Ingress and Egress and Common Use C ~3 (b) In addition to those portions of Parcel 1 subject to the Guest Paikmg Easement, Declaiaint shall make certaui amenities located within Rancho Verde Village, namely the swm-imilg pools, a tot lot, the leasiig office and the ~oggung path, available for use to the residents of both Fast Rancho Verde Village and Rancho Verde Village, subject to the right of Declai ant of Declarant's successor as the owner of Parcel 1 to adopt reasonable rules and regulations regaidiig scheduling wind use of the guest parking spaces and those other listed amenities, which might include, but not be united to, future execution of use agreements with indeinmficahon provisions and the provision of insurance (c) If any use authorized by the provisions hereof of the amenities on East Rancho Verde Village by the residents of Rancho Verde Village, or the amenities located on Rancho Verde Village by the residents of East Rancho Verde Village results i1 any increase or surcharge nn the insurance premiums payable by the owner of Parcel 1 or Parcel 2, respectively, the amount of such increase or surcharge assessed to one owner shall be payable by the other owner within ten (10) days following presentation of ain invoice or statement therefore, accompanied by a copy of tlne insurer's bilking evidencing such increase or surcharge 3 Insurance Declarant, while rt is the owner of both Parcels, and its successor(s) as the owner of each of Parcel 1 and Parcel 2, shall obtain and maintain comprehensive public liability insurance insuring the owner of each of the respective Parcels against any liability incident to the use, maintenance or ownership of the Driveway Easement Area and of any shared amenities and naming the other owner as an additional insured thereon and thereunder 4 Indemna Notwithstanding the provision of insurance m compliance with • paragraph 3 above, the owner of each of Parcel 1 and Parcel 2 shall indemiufy and hold the owner of the other Parcel free and harmless from and against any and all liabilities, claims, damages, costs, losses, proceedings and causes of action including, but not limited to, attorneys' fees, arising from any act or omission of the owner of a Parcel and its occupants, tenants and their guests while usiig that portion of the Driveway Easement Area located on the other Parcel or while using the Coininunity Room and other amenities described in Section 2 above, providing that such use shall be iin accordance with the provisions hereof and reasonable rules and regulations that maybe enacted as provided hereon 5 Mai~nte~nance The owner of each Parcel shall maintain, at that owner's cost and expense, that portion of the Driveway Easement Area wlucln is located on such owner's Parcel in good and clean condition and repair The owner of Parcel 1 shall maintain, at that owner's cost and expense, those portions of Parcel 1 on which guest parking spaces which are subject to the Guest Parking Easement are located in good and clean condition and repair Maintenance shall include, without being lnnited to, maintaining, sealing and iestnping, as necessary, the concrete and/or asphaltic concrete surface thereof u1 a smooth and evenly covered condition with a type of surfacing material originally installed or with such substitute as shall in all respects be at least equal m quality, use and durability to the of igmal surfacing material The owner of East Rancho Verde Village shall maintain the Coininurity Room, the tot lot and the hardcourt play area Declaration of Reciprocal Easements for Ingress and Egress and Conunon Use 4 G -~u located withii the East Rancho Verde Village property m a good and clean condition and repair, and the owner of Rancho Vet de Village shall maintain the swimming pools, tot lot, leasing office and dogging path located withal the Rancho Verde Vtllage property ii a good and clean condition and repair Notwithstanding the generality of the maitenance obligations contained herevi, if, by reason of a default, an owner of a Parcel causes the maintenance on the other Parcel to be performed, the owner of the Parcel perfonnuzg the work shall be entitled to recover maintenance costs ilcurted tri comieetion with maintaumng the Dnveway or the amenities on the other Parcel, as well as any costs associated with or arising from an act or occurrence m violation of any rules and regulations which has resulted uz damage 6 Faalure to Maintaan, Curang Default Except m the case of an emergency tlueatemilg life or property (in which case written notice shall not be required for an owner to take action necessary to abate the dangerous condition), m the event of any breach or threatened bieadl of any of the provisions of this Declaiahon by any owner or an occupant, tenant or guest of either Rancho Verde Village or East Rancho Verde Village, if an owner fails to perform that owner's obligations following thirty (30) days wrtten notice specifying the nature of the default from the other Parcel owner, the other owner shall have the nght, but not the obligation, to do or perform such act as may be necessary to cute the breach of the defaulting owner, including, but not linrted to, maintaining the Dnveway Easement Area on the defaulting owner's Parcel The defaulting owner shall reimburse the performing owner for all reasonable costs and expenses incurred by the performing owner in performance of the defaulting owner's maintenance obligations Reunbursernent shall be made within thirty (30) days after presentation to the defaulting owner of paid invoices demonstrating the work performed To the extent necessary, a non-defaultuig owner shall have a license to enter upon the defaulting owner's Parcel to peiform any required work I 7 Use Each owner of a Parcel inay make any use of that portion of a Dnveway Easement Area located on such owner's Parcel which does not unreasonably interfere with the use and enjoyment of the Dnveway Easement Area by the occupants, tenants, guests and invitees ~ of the other Parcel Each owner shall be entitled to keep and maintain signs controlling speeding, ~ directional signs, and other traffic calming devices on such owner's Parcel as maybe approved by the Crty or a may be reasonably necessary to enforce reasonable tiaffic rules and regulations on each Parcel However, other than traffic signage, conhol and calming devices, no owner shall construct or maintain any unpiovement on such owner's Parcel which prohibits or unreasonably u~lubits the use of the Dnveway Easement Area by the occupants, tenants, guests and iivrtees of ~ the other Parcel, except that during construchon of Improvements ii East Rancho Verde Village, Declarant may take reasonable precautions to prohtbrt the use of the Ditveway Easement Areas located on East Rancho Verde Village until completion of such Improvements to protect members of the public from construction or excavation achvrties and to prohtbrt use of such ~ areas on East Rancho Verde Village which would delay, obstruct or make construction of Improvements thereon more expensive Except as herein piovtded, no building, fence, wall, ~ hedge, barncade or obstruction of any kind shall be eiected or maintained on or within the Ditveway Easement Atea Declaration of Reciprocal Easements for Ingress and Egress and Conunon Use S C~ 8 E~-clusavaty The Easements granted and retained hereunder are non-exclusive and • shall be used ii common by the occupants, guests, invitees, and penmttees of the owners of each Parcel and their successors and assigns 9 Exernptcon fi om Lrabalcty No owner may except itself from liability for rts share of any expenses incurred under this Declaration which are to be charged to that owner, nor release that owner's Parcel from the lien and charges established it this Declaration, by waiver of the use or en~o}nnent of the Driveway Easement Area located on such owner's Parcel or by the abandorunent of that owner's Parcel 10 Covenants to Kura With the Larad Each and every one of the provisions of this Declaration to be performed on the part of Declarant or Declarant's successors and assigns as the owners of Parcel 1 or Parcel 2, including the benefits and the burdens hereof, shall rvn with title to each of the sand Parcels and shall birdrng upon and inure to the benefit of the heirs, assigns, successors and owners of each of the Parcels Each of the Parcels shall be held, transferred, encumbered, used, sold, conveyed and occupied subject to the provisions of this Declaration which shall run with title to each of the Parcels m perpetuity 11 Method ofArnendrnent The provisions of this Declaration maybe modified or amended, rn whole or rn part, only by an instrument rn writing, executed and acknowledged by the owners of Parcel 1 and Parcel 2, which writing has been consented to by the Crty and duly recorded m the Official Records of San Bernardino County, California Notwrthstandmg the generality of the foregoing, however, the consent of any mortgagee or holder of a security interest • m Parcel 1 or Parcel 2 shall be required m order to cause the interest of such mortgagee or holder of a security interest iz existence at the time of such proposed amendment to be subordinate to such amendment It rs expressly understood and agreed that no modification or amendment, rn whole or i1 part, of this Declaration shall require consent or approval on the part of any tenant or occupant of the Parcels 12 No Thard Par~1y Beneficiary Except for the provisions of tins Declaration which are expressly stated to be for the benefit of the Crty, the provisions of this Declaration are for the benefit of the owners, occupants, guests, tenants and invitees of Parcel 1 and Parcel 2 and not for the benefit of any third party, nor shall this Declaration be deemed to have conferred any rights, express or inplred, upon any third person or upon the public generally Nothing herein contained shall be deemed to be a gift to the general public or the creation upon any portion of Parcel 1 or Parcel 2 or any of the easements created hereunder of any interest for any public purpose whatsoever, rt being the intent of Declarant that this Declaration shall be strictly limited to and for the purposes herein expressed 13 Effect of Foreclosure If any Parcel subject to a hen created by any provision under this Declaration rs subject to the hen of a bonafide mortgage or encumbrance, (r) the foreclosure of any lien created by anything set forth rn this Declaration shall not operate to affect or nnparr the lien of such mortgage or deed of trust, and (i) the foreclosure of the lien of such Declaration of Reciprocal Easements for Ingress and Egress and Couunon Use • C,~.(o mortgage or deed of tr ust, the acceptance of a deed in lieu of foreclosure of such mortgage or deed of trust or a sale under the power of sale contained m any such mortgage or deed of trust (these events shall be referred to collectively as "Events of Foreclosure") shall riot operate to affect or unpair the hen of this Declaration, except that any person or persons who obtauied an interest through any of the Events of Foreclosure and their successors m interest shall take title free of the obligation to pay monetary amounts imposed by this Declaration prior to the time of any of the Events of Foieclosure, but shall be subject to the lien of this Declaration for all i charges which occur after the Events of Foieclosure 14 No Easement by Inzpkcataon. Preve~ztion ofP~ escriptive Rights Neither the execution of this Declaration nor the granting of the easements descrbed herein shall be deemed to grant any other easement or to establish any other easement by implication or prescrption, and the parties to this Declaration and their successors understand and agree that the only easements and/or licenses made and granted herein and hereby are the easements and/or licenses which are expressly made and granted by the specific terms of this Declaration The Declarant hereby acknowledges that, except as specifically provided by the terms of this Declaration, nothing contained herein shall be deemed to grant to any person or entity the nght to enter generally upon or generally cross over any portion of Parcel 1 or Parcel 2, other than the areas encumbered by the specific easements granted by and descnbed in the terms of this Declaration I 15 Protection ofMo~t~a~ees A breach of the restnctions, conditions, covenants and ' reservations contained in this Declaration shall not defeat or render invalid the lien of any mortgagee or beneficiary under any duly recorded mortgage or deed of trust encurnbenng all or any interest of any owner m either Parcel 1 or Parcel 2, made m good faith and for value The restrctons, covenants and reservations contained ul this Declaration shall be binding upon and ~ effective against any owner or owners of any such Parcel or any portion or portions of such Parcel, whose title was acquired by foreclosure, trustee's sale or otherwise i 16 Severabality If any term, provision or condition contained rn this Declaration shall, to any extent, be invalid or unenforceable, the remainder of this Declaration, or the application of such term, provision or condition to persons or circumstances other than those with respect to which rt is invalid or unenforceable, shall not be effected thereby and each term, provision and condition of this Declaration shall be valid and enforceable to the fullest extent permitted bylaw 17 Bandani?Effect Tlus Declaration shall, except as otherwise provided herein, be bmduzg upon and enure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns I 18 Ra~hts ofCity This Declaration may not be amended or tennmated without the pnor wntten consent of the Crty The City shall be considered a third party beneficiary to this Declaration, which interest shall give the City the nght, but not the obligation, by action at law or ~ m equity, to enforce all provisions of this Declaration The Crty shall have a perpetual easement ~ created by the provisions of this Declaration for regress and egress upon and over any Parcel for Declaration of Reciprocal Easements for Ingress and Egress and Common Use 7 C ~~ the purpose of enforcing any maintenance requied by the provisions of this Declaratton or of City ordinances, for trash collection and to enforce the provisions of City ordinance relating to traffic control Any cost, expense and expert and attorneys' fees incurred by the Crty relating to the curing of any default rn the observance or enforcement of this Declaration, including all costs rn marntainuig, repairing, replacing or otherwise performing work on or providing materials to the Parcels, whether the work or materials were furnished by the City or by private contractors designated by the Crty, shall promptly be reimbursed from the owner of the affected Parcel to the City No farlur e by the Crty to enforce any default hereunder shall be deemed to be a waiver of the right or power of the City to enforce that same default, or a different default, at any later time In the event that the Crty rs the prevailing party rn an enforcement action under this Declaration, the Crty shall have the right to collect its reasonable attorneys' fees, costs and expenses associated with any such action or proceeding 19 Attos revs' Fees If any action or proceeding rs brought for the enforcement of this Declaration, or because of an alleged dispute, breach, default or mrsrepresentatron rn connection with any of the provisions of this Declaration or to interpret this Declaration or any of the provisions hereof, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred n that action or proceeding, whether or not sand action or proceeding goes to final judgement, m addrtron to any other relief to which rt or they maybe entitled, which shall include any post judgment attorneys' fees, any attorneys' fees recurred by the prevailing part on appeal, by the prevailing party for any post judgment rnotron proceedings or hearings, and any and all attoriieys' fees incurred rn any and all efforts by the prevailing party to collect rts ~udgrnent 20 Authors Execution of this Declaration shall be presumed to be made by an ildrvrdual authorized by his or her respective corporation by resolution of rts board of directors and such execution shall constitute a waiver by that party of any lack of such a resolution 21 Goverszsn Lg_aw Tlus Declaration shall be construed and governed it accordance with the laws of the State of Calrforiua 22 Mascellaneozss When used herein, the masculine and neuter genders, the singular number and the present tense shall be deemed to include the femiirne gender, the plural number and past and future tenses, respectively, where the context so requires IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day and year first above written "DECLARANT" The Southern Calrfonua Housing Development Corporation, a Calrfonua nonprofit public benefit corporation By Richard J Wluttmgham, CFO Declaration of Reciprocal Easements for Ingress and Egress and Common Use 8 C-~0 • • • E~chibit "A" [Legal Description of Rancho Verde Village] Declaration of Reciprocal Easements for Ingress and Egress and Conunon Use ~ ~~ • RANCEIO VERDE VILLAGE LEGAL DESCRIPTION LOTS ] , 2 AND 3 OF TRACT MAP NO 12091, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 177 AT PAGES 175 THROUGH 178 OF MAPS 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY • • C_~6 C Exhibit "B" [Legal Description of East Rancho Verde Village] Declaration of Reciprocal Easements for Ingress and Egress and Couunon Use C~~ J LEGAL DESCRIPTION Parcel 1 8819 Serra Madre Avenue That portion of Lot 29 in Section 9, Township 1 South, Range 7 West, San Bernardino ' Meridian, according to Map of Cucamonga Lands, as per Map recorded in Book 4, Page 9 of Maps, in the Office of the County Recorder of said County, described as follows Beginning 895 96 feet East of the Northwest corner of said Lot, thence South 474,09 feet to the North line at and Santa Fe Railroad right of way, thence Easterly along said right of ~ way to the East I~ne of Lot 29, thence North to the Northeast corner, thence West to the point of beginning Excepting therefirom that portion lying West of the Southerly extension of the West line of Sierra Madre Avenue and excepting the North 97 01 feet and excepting the South 240 feet thereof A-1 • C. -~a- i Parcel 2 8839 Sierra Madre Avenue PARCEL 1 The South 240 feet of that portion of Lot 29, Section 9, Township 1 South, Range 7 West, San Bernardino Meridian, according to the Map of Cucamonga Lands, in the City of Rancho Cucamonga, County of San 8ernardtno, State of California, as per Map recorded in Book 4, . Page 9 of Maps, in the Office of the County Recorder of said County, lying Easterly of the Southerly prolongation of the Westerly line of Sierra Madre Avenue, as said Avenue is shown on the Maps of Eureka Gardens, Tract No 1829, as per Plat recorded in Book 28, Page 20, of Maps, Records of said County PARCEL 2 A non-exclusive easement for ingress and egress over and across that portion of Lot 29, Section 9, Township 1 South, Range 7 West, San Bernardino Meridian, lying withrn the Southerly extension of Sierra Madre Avenue, as said Avenue is shown on the Map of the Eureka Gardens Tract No 1829, as per Plat recorded m Book 28, Page 20 of Maps, Records of said County Excepting therefrom the South 240 feet ~ A-2 C'~ Exhibit "C" [Common Driveway/Ingress and Egress] • Declaration of Reciprocal Easements for Ingress and Egress and Conunon Use n r3~ • % ~ ~w s N _ ~ O O U H W I G-~~ b-0 L j O V C ro W °~ ~ ~ o w ~ ~ ~ ~ Exhibit "D" • [Conununity Room] • • Declaration of Reciprocal Easements for Ingress and Egress and Common Use ~~ • ~ ~~ ~~ ~~ ~ ~y~~ ~ ~ ~~ ~~~ ~~~ ~~~ ~~~~~ ~1 ~~~ Ri ~~¢~ ; t ~ ~0 SX~g X air a•r~~•o ~o~ r~ti ~p I~r~ ' ~ ~ ~ 11~i ~1 ~ ~ ~ ~ ~ ] ~~ ~~ ~~ ~ ~~ ~ ~ ~ y ~~ iji ~ ~ i~ l w U Z O U \~ I~ i a -- ~o y ~ ~ ~ ~ y 0 y.r ~~ N i A ~ ~ ~ o 0 ~ Cr, b b ~ ~ ^~ o j ~ O T-a G ~~ W~ I~ ~'~ <~ N ! a ~ i~ W ~\ W `` «S /\ C i 0 0 Cti U V `° 0 ~ ~ ~ ~ V ~ U ~ s rT! U C [d BS _~ ~~ ~~ ~~ p.{ I A F~1 W C, ~~ ! • W z W v z O v LL, J_ W W Q U Z F- N i A H ~• C, '3 8 ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernatduio On , 200 , before me, Date personally appeared ss Name and Ttde of otficcr (e g , "Jane Doe, Notary Public") Name(s) of Stgnei~s) ^ personally known to me ^ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to ine that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and off cial seal • i r Place Notary Seal Above 5~gnatu~e of Notary Public OPTIONAL Though the infamatrat below is not ~ equued by lnrv, ~t may pi ove valuable !n persons ~ elytng a: the document mrd could p~ event fi audulent ~ emovn! and ~ enttachment of lhrs fain !o anolhei document Description of Attached Document Title or Type of Document Declaration of Rectprocal Easements for Ingress & Egi ess and Common Use Document Dated , 200 Number of Pages 8 Signer(s) Other Than Named Above Capacity(tes) Claimed by Signer Signer's Name ^ Individual ^ Corporate Officer -Title(s) - ^ Partner - ^ Lunrted ^ General ^ Attorney m Fact ^ Trustees ^ Guardian or Conservator Other Signer is Representing Declaratton of Rectprocal Easements for Ingress and Egress and Common Use ~ ~~ Rtgbt Thumbprint of Stgner EXFIIBIT "D" [Schedule of Completion and Occupancy of East Rancho Verde Village] • Housing Incentive Agreement c-~~ • EXHIBIT "D" EAST RANCHO VERDE VILLAGE EXPANSION AFFORDABLE HOUSING PROJECT SCHEDULE OF PERFORMANCE i~ Item Key Components Approx Date Acquisition Phase 1 Hard Deposit Release to Fidelity of $10,000 -SFH (8819 Sierra Madre) 2/3/2005 2 Hard Deposit Release to Fidelity of $10,000 -Vacant Lot {8839 Sierra Madre) 2/3/2002 3 Open Escrow -SFH (8819 Sierra Madre) 2/4/2005 4 Open Escrow -Vacant Lot (8839 Sierra Madre) 2/11/2005 5 Hard Deposit Release to Fidelity of $40,000 to Extend Escrow -SFH (8819 Sierra Madre) 6/3/2005 6 Owner closes Escrow - $450,000 Vacant Lot (8839 Sierra Madre) 6/27/2005 7 Owner closes Escrow - $405,000 SFH (8819 Sierra Madre) 7/1/2005 Financing Phase 8 Agency makes Financial Commitment 7/6/2005 9 Agency & Owner execute Affordable Housing Agreement (AHA) 7/13/2005 10 Agency reimburses Owner of 8819 and 8839 acgwsitions 7/28/2005 11 Agency reimburses and releases funds for predevelopment expenses 8/12/2005 12 Owner files San Bernardino County (SBC} HOME Application 9/1/2005 13 SBC & Owner execute HOME Loan Agreement 10/14/2005 14 SBC releases funds for construction 5/15/2007 15 Owner releases funds for construction 5/15/2007 16 Bank executes construction loan & makes funds available for construction 5/15/2007 Pre-Construction Phase 17 Owner, architect and civil engineer meet to coordinate design review process 7/24/2005 23 Owner submits schematics to City for Design Review 12/6/2005 24 City completes Design Review -Planning Commission Approval 12/13/2006 25 Owner submits Housing Incentive Agreement to City 10/16/2006 26 City Council approves Housing Incentive Agreement 1111/2006 27 Owner submits construction documents ("final drawings") to Agency 11/15/2006 28 Agency approves construction documents 11/30/2006 29 Owner submits construction documents to City for Plan Check 12/14/2006 30 Owner submits revised proposed Project Budget to Agency 1/15/2007 31 Agency reviews and approves Final Project Budget 1/30/2007 32 City completes Plan Check -Budding & Engmeenng Department Approvals 5/1/2007 Construction Phase 33 Owner pulls grading permit & begins grading 5/15/2007 34 Owner completes grading & pulls bldg permits 6/1/2007 35 Owner starts construction 6!1/2007 36 Owner completes construction 6/1/2008 Lease-Uo Phase 37 Owner/Manager starts lease-up 6/1/2008 38 Owner/Manager completes lease-up, property 100% occupied 9/1/2008 C-U~ ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On , 2006, before me, Date personally appeared ss Name and Title of Officer (e g , "Jane Doe, Notary Public") Name(s) of Signer(s) ^ personally known to me ^ proved to me on the bases of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Place Notary Seal Above S gnature of Notary Public OPTIONAL Though the rnformatron below rs not required by law, rt may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Housing Incentive Agreement Document Dated Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed Signer's Name ^ Individual ^ Corporate Officer -Title(s) _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustees ^ Guardian or Conservator Other Signer is Representing Housuig Incentive Agreement Right Thumbprint of Signer by Signer • • c-~~- RESOLUTION NO 07-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AFFORDABLE HOUSING INCENTIVE AGREEMENT DRC2006-00916, TO IMPLEMENT DEVELOPMENT REVIEW DRC2005-O~1060 BY MODIFYING CERTAIN DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF 40 WORKFORCE APARTMENT UNITS ON THE VACANT PROPERTY IN MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING UNITS PER ACRE), LOCATED IMMEDIATELY EAST OF THE EXISTING RANCHO VERDE VILLAGE MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENT AT THE SOUTHERLY TERMINUS OF SIERRA MADRE AVENUE - APN 0207-254-67 AND 68, AND MAKING FINDINGS IN SUPPORT THEREOF A Recitals 1 Pitassi Architects, Inc , on behalf of Southern California Housing Corporation, filed an application for Affordable Housing Incentive Agreement No DRC2005-00916, as described in the title of this Resolution Hereinafter in this Resolution, the subject Affordable Housing Incentive Agreement is referred to as "the application " 2 On January 10, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date 3 The subfect property of the Affordable Housing Incentive Agreement is legally described herein 4 A true and correct copy of the proposed Affordable Housing Incentive Agreement is attached as Exhibit "A" 5 Ali legal prerequisites prior to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 10, 2007, including written and oral staff reports, together with public testimony, this Commission hereby speafically finds as follows a The application applies to approximately 1 75 acre of the property located immediately east of the existing Rancho Verde Viliagemulbple-family residential development atthe southerly terminus of Sierra Madre Avenue, and which is presently unimproved, and b The property to the north is developed with single-family homes and zoned Low Density (2-4 units per acre) Residential, the property to the south is zoned General Industrial (Sub Area 1) and is presently used as a railroad right of way, to the east are single-family residences in the Low Density (2-4 units per acre) Residential zone, and the to the west is the existing Rancho Verde Apartment Complex within the Medium High (14-24 units per acre) Residential zoning district, and C-~3 PLANNING COMMISSION RESOLUTION NO 07-02 DRC2006-00916 -SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 2 . c The application to which the Affordable Housing Incentive Agreement applies contemplates the construction of 40-workforce housing units and associated improvements, on 1 75 acre of land at above described location which are permitted within the Medium-High Density residential zoning district, and d The proposed design of the new units is a contemporary interpretation of the Spanish/Mediterranean architectural style that is complementary to the existing complex On January 10, 2007, the Planning Commission approved the protect contingent upon City Council approval of the Affordable Housing Incentive Agreement, and e The Agreement proposes modifying certain development standards for the construction of 40 workforce apartment units pursuant to California Government Code Sections 65915-65918 and Development Code Chapter 17 40 3 Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That the proposed protect to which the Affordable Housing Incentive Agreement is associated with is consistent with the obtectives of the General Plan in that, if approved, the protect will advance the goal of providing affordable housing units for families within the community, and b That the proposed design for the affordable apartment units and associated improvements is in accord with the obtectives of the Development Code and the purposes of the district in which the site is located, m that the new units will complement the appearance of the existing complex, and c That the proposed affordable units will be in compliance with each of the applicable provisions of the Development Code as modified for specific standards by the subtect Affordable Housing Incentive Agreement associated with this protect, 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 incurious to properties or improvements in the vicinity The development of apartment units on the subtect site will result new opportunity to improve the neighborhood by eliminating the vacant lot and house that served as an attractive nuisance for unlawful activity 4 A Mitigated Negative Declaration has been prepared for the protect to which the Affordable Housing Incentive Agreement applies, is incompliance 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 cudgment 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 5 This Commission hereby recommends approval of the Affordable Housing Incentive Agreement attached to the staff report 6 The Secretary to this Commission shall certify to the adoption of this Resolution ~ ~~ PLANNING COMMISSION RESOLUTION NO 07-02 DRC2006-00916 -SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 • Page 3 APPROVED AND ADOPTED THIS 10TH DAY OF JANUARY 2007 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Pam Stewart, Chairman ATTEST James R Troyer, AICP, Secretary I, James R Troyer, AICP, 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 10th day of January 2007, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • C-~~ ,~ ~~~~ ~~~ - x~3fi _~~~ T H E C I T Y O F R A N G H O C U C A M O N G A Stiff Report DATE January 10, 2007 TO Chairman and Members of the Planning Commission FROM James R Troyer, AICP, Planning Director BY Lou LeBlanc, Assistant Planner SUBJECT ENVIRONMENTAL ASSESSMEf~1T AND TENTATIVE TRACT MAP SUBTT18033- ROBERT WEINBERGER - A request to subdivide 9 9 acres of land into 13 lots in the Very Low Residential District (1-2 dwelling units per acre), located south of Banyan Street and east of East Avenue - APN 0225-191-09 and 17 Related file Tree Removal Permit DRC2006-00309 Staff has prepared a Mitigated Negative Declaration of environmental impacts for • consideration Continued from the October 25, 2006, meeting BACKGROUND This item was previously reviewed by the Planning Commission on October 25, 2006 At the applicant's request, the item was continued to make changes to the Engineering Department Conditions of Approval The Engineering Department revised the conditions of approval to allow the applicant the option to develop the project in one phase or two phases PROJECT AND SITE DESCRIPTION A Surrounding Land Use and Zoning North - Very Low Residential, Existing Residential and Vacant Land South - Very Low Residential, Existing Residence and Christmas Tree Farm East - Very Low Residential, Vacant Land West - Very Low Residential, Existing Residential B General Plan Designations Project Site -Very Low Residential North - Very Low Residential South - Very Low Residential East - Very Low Residential West - Very Low Residential Site Characteristics The site is a vacant 9 9-acre parcel that is surrounded to the north and . east by undeveloped parcels The parcel has sparse vegetation and mature Eucalyptus trees The parcel is primarily flat and drains to the southeast Y tem D PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18033 - ROBERT WEINBERGER January 10, 2006 Page 2 ANALYSIS A General The project has no elevations or architecture to review To the north is residential and vacant land, to the east is a vacant parcel, further north is Summit Intermediate School, to the south is an existing residence and Christmas Tree Farm, and to the west is an existing residential tract All properties to the north, south, east, and west are zoned Very Low Residential (1-2 dwelling units per acre) The Very Low Residential District (1-2 dwelling units per acre) requires a minimum net lot size of 20,000 square feet and a minimum average net lot size of 25,000 square feet The applicant is proposing a minimum net lot size of 20,190 and an average net lot size of 28,671 square feet The project site is also located within an Equestrian Overlay District that requires a trail system The applicant has designed the project so that each lot is adjacent to a local feeder trail and can accommodate a minimum size corral of 24 feet by 24 feet to be in accordance with the applicable Development Code setbacks Tentative Tract Map SUBTT18033 provides local feeder trails within the proposed project that will connect to the future community trail on the east side of future "E" Street, as part of recently approved Tentative Tract Map 17651 Tentative Tract Map SUBTT18033 meets all development standards called out in the Etiwanda Specific Plan, Development Code, and Equestrian Overlay District B Phasing The applicant indicated that their intent is to record and build the project in two phases one for each cul-de-sac The westerly cul-de-sac would be the first phase The easterly cul-de-sac would be the last phase because of the amount of off-site improvements needed, particularly a storm drain, and coordination with the ad~oming developer of Tentative Tract 17651 C Design Review Committee The Design Review Committee reviewed Tentative Tract Map SUBTT18033 on September 5, 2006 The Committee (McPhail, Stewart, Coleman) recommended approval of the project as proposed D Grading/Technical Review Committees The Committees reviewed the project on September 5, 2006, and recommended approval subject to the Standard Conditions outlined in the Resolution of Approval E Tree Removal The applicant is proposing the removal and replacement of trees on-site An arborist report identified 101 heritage trees to be removed 94 Blue Gum Eucalyptus, 4 Shamel Ash, 2 Elderberry, and 1 California Sycamore The arborist concluded that all of the trees have some form of either structural decline or physical characteristic that make their long term viability marginal Further, these trees were damaged by the October 2003 Grand Prix Fire Anew windrow planting with Spotted Gum trees will be required per the Etiwanda Specific Plan standards, all other trees will be replaced on-site at a 1 1 basis F Environmental Assessment Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project Based on those findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to environmental impacts that are mitigated, there would be no substantial evidence that • • p-a • PLANNING COMMISSION STAFF REPORT TENTATIVE TRACT MAP SUBTT18033 - ROBERT WEINBERGER January 10, 2006 Page 3 the project would have significant effect on the environment Based on that determination, a Mitigated Negative Declaration was prepared Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration A mitigated Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project ~~ I~ CORRESPONDENCE This item was advertised as a public hearing 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 project site RECOMMENDATION Staff recommends that the Planning Commission approve Tentative Tract Map SUBTT18033 and related Tree Removal Permit DRC2006-0309 by the adoption of the attached Resolution of Approval with Conditions Respectfully submitted, ~' ~ - James R Troyer, AICP Planning Director JRT LUge Attachments Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Draft Res - Vicinity Map - Site Utilization Map - Tentative Tract Map - Grading Plan - Initial Study I and II olution of Approval for Tentative Tract Map SUBTT18033 ~3 • SITE • VIC[H[TY lI~AP EXHIBIT A ~~ STREET • ~"" • ~.~y~ ti3~Ji13BN13M 12!36021 $ M ml ~IS°~r °rr.. .urs ° ~ • d'aW NOLLVZIII!(131IS ~ i~a or® r ~ ~ 71U'70itI011r Mlitl•11 NOtl 000/1 ON dtlN 1~tltl13Al1tl1N31 N tl ~SNOISIAia ta77N19N7 Itaaroaa I 1 I ill III I~I ~ I I"1 ~ I II 1 II ~ III I I i II ~~ i III I ~_ -----,----~__`` - - 7I I ~ Y` ~; I NI ~ I I ~-- -- __ ilil I ~~~~ ~~ I~ ~` lug I - lir- 1 ~ ~ ,~ d~~ ~ - ~„ s 1 - ~,I ;,. 1 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(~ ~ t _-~ I ~ ~~~~r ~s ~~ "rte I I a ii Y ~ ~ ( ~ " ~1~+~~~~ ~ ~ti ~ E-~ W I ~I ~' • - - - -- - -- -1 " IvF. g' i i ~ ~ egEaaE I~ -- -- a ° y(~~„7 yy~eb ~~~g ~ ~~$$@~ ~nyy~s gE~9 g " I ~ _ ].Il~a,lU - ~~ I I ~~~- ~ C~J~ ~~i ~ b ^~ W Y I 1 -y,_ Ll ~,~ ~, lW P ! e~ F A b W~ if ~ t I Y i ~ 1 Fv t a ^~aE bta N ~,~~ :eg~.• ~'o [l~ 1[ N -- a I I~ 1 ~~-$ "~ p E 1 ang ~~t ~ ~: ,. I _ j - ~~~I ~~_1~i ff ~ ~ ¢~ p~ ~~ ~~ d~¢ ~ _ _ _ _ _ _ anNantl ~~ .- ~ 'lstla ___ ~ b >q~ b 963 x ~ C~ ~~ - -- -- ~~~ :m g a 6 p c^S~p`$ ~ pp ttD p 3~ c I ~r ~ XHIBIT D a n ~ ~~ 1'1~ ~~~Q~~~~ f`~ ~ ~~~~~~~~ N z I ~ (~~II o ~ ~~;~ u 3 I ~ ~ ~~~~ > _ -. ` ~=~ • • • i .~ 'r"~' ~'/' ~ ~ ENVIRONMENTAL ~~~ INFORMATION .FORM °~° ' . (Part I -Initial Study) City of Rancho Cucamonga (Please type or pant clearly using ink Use the tab key to move from one Irne to the next line J Planning Division (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 protect pursuantto 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 ISrovided in full. ~ ' ' ° - • ~ ~ -~ s , _ Upon review of 'the completed Initial Study Part I and the development application, additional information such as, but not limited to, traffic, noise, biological, drainage, and geological reports"maybe 'required. The~pro~ectapplication will not~be deemed complete unless the identified special studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for Committees' review unless all required reports are submitted and deemed complete for staff to prepare the Initial Study Part II as required by CEQA. In addition to the filing fee, the applicant will be responsible to pay or reimburse the City, its agents, officers, and/or consultants for all costs for the preparation, review, analysis, recommendations, rrv~.vrwrr_c r c nrr~rt„y I IVIVJ VVlLL NV I tSt F'KUGC55ED Please note that it rs the responsibility of the applicant to ensure that the application is complete at the time of submittal, City staff wd/ not be available to perform wo,Ik required fo provide missing information 4 ~ V~-~-~-- ~~ ` + 1~~~~ r ~, Appl~cafion Number for the project to which this form pertains ..,_ - Project Title Name & Address of project owner(s) ~ ~ ~ ~ ~ ~_, L ~ ~Q ~c ~1'Y~rj ~ ~~~ ~ ~~R ~~tlA ~ E. r2 ~ , 1 ~'O ~ ~ ~~ k~ ~1,U ~ ~~.. ~ N~11~(.7~T ~3~AG ~, (',l~ Name & Address of developer or project sponsor ~~~~'~ - E ' ®T E idy Part1 docPage 1 of 10 Rev 3/17/04 ~~ mitigations, etc., of any special studies or reports. ~ w ' x Y ~y 4 ~ i i Contact Person & Address ~V P~~~T ~, W C~~ N ~~C~'~ • Name & Address of person preparing this form (rf different from above) *1) Provide a ful! scale (8-1/2 x 71) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west, views into and from the site from the primary access points that serve the s-te, and representative views of significant features from the site Include a map showing location of each photograph 3) Project Locafron (describe) / „ `~ ~ ~S~ ~, !~ ~ ~ I (j, ~ ~~5~ x~, ~ o i,.1 - ~ o ~,~"~, AYE . 4) Assessor's Parcel Numbers (attach add~t~ona/ sheet rf necessary) *5) Gross Srte Area (aclsq ft) O20 ~'~ .~ Y S , , ~ ~ *6) + Net Srte Area (total site size minus area of public streets & proposed ~7 ~ dedicatloiis) w ~J ~~J ~ 12.. cJ..k . ~- ' T ` o ~ ~°I°~ ~ G , 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet rf necessary) • t \PLANNINGIFINALIFORMS\COUNTER\Initial Study Part1 docPage 2 of 10 Rev 3/17/04 D~ Information indicated by an asterisk (*) is not required of non-const~uctron CUP s unless otherwise requested by staff 8) Include a description ofall permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project r _ 9) , Describe the physical setting of the site as rt exists before the project rnc/udmg information on topography, sort stability, • plants and animals, mature trees, tr4ils and roads, drainage courses, and scenic aspects Describe any existing structures on site (including age and condition) and the use of,~he structures Attach photographs of significant features described In addition, cite al! sources of infoismat~on (~ a ,geological and/or hydrologic studies, biotic and archeological surveys, traffic studies) ~~~c ~ t~1GL~0 ~~T~ S1T ~-~ti1 ~ StSILS ~~DrZrT~', - __ ~ ~_ _~ _ ~ s ~ o 10) Describe the known cultural and/or historical aspects of the site Crte all sources ofrnformatron (books, publishedreports and oral history) " ~~ o ~'Zr ~ ot2 C~i'~ ~-4l ~'1~r~A.~ S iiz.y~Tc~~~ • I 1PLANNING\FINAL\FORMS\COUNTER\Irntial Study Part1 docPage 3 of 10 Rev 3/17/04 ~~~ 11) Describe any Horse sources and their levels that now affect the site (aircraft, roadway Horse, etc) and how they wdl affect proposed uses ~-Z-d1 ~~T' S1T~ l s N~ ~l_.o c-~'t~~ dN ~.h1 ~c' t~f~ C~ ~2 ~ ~ ~~T ~ 15 1S,P~L~'X ~ ~~ o r ~ YI~.1~ ~izo'~ '~'~ ~' Z ~ b • ~I~w `~~ NoT 1 N Al RS~~T' ~1,1~ +-~~C-' ,~~1-l , N o oT~--c'~ 1`10 ls~ _ ~ .» .~ ~, ,~- c ~ 3 u ~ ~ , ~ 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects Indicate the type of land use (residential, commercial, etc ), intensity of land use (one-family, apartment houses, shops, department stores, etc) and scale of development (height, frontage, setback, rear yard, etc ) G 14) VYII the proposed project change the pattern, scale, or character of the surrounding general area of the pro~ecf~ NO WE 1 ts~~17 '~c~ ~~~Z s7~~~,c S ~'T~ TO I~.L~ V (_._. i \PLANNING\FINALIFORMSICOUNTER\Initial Study Part1 docPage 4 of 10 Rev 3/17/04 ~~1 VI~P,4c%i 5 ~ ~`~ I ~ ~ P,~T ~`C~ , 12) Describe the proposed protect in detail Thrs should provide an adequate description of the site in terms of ultimate use that wdl result from the proposed project lnd~cate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment Atfach additional sheet(s) if necessary f ~r~ 11 ~ 5Cv 1 To ~'+~~ ~A~T . X vv-,~S__~~ ~c~vv~"T'o -~-+~ ~ 15) Indreate the type ofshort-term and long-term Horse to be generated, including source and amount How will these nose levels affect adjacent properties and on-site uses What met`ho1ds of soundproofing are proposed ~d ~~~4 y~~~~ ~>~~~- ~ V~~S~ ~~~~~~~~ • '16) Indreate proposed removals and/or replacements of mature or scenic trees , ~' ( Ov ~UGAd . ~.F,~ ~ u'S T2~ ~,~ tiJ ~ ~ ,~'_' ~2'~ ~o\Ic--n . - 1 ~t~y~ 17) Indreate any bodies of wafer (~ncludrng domestic wafer supp/ies) Into which the site drams • 18) Indreate expected amount of water usage (See Attachment A for usage estrmates) For further clarification, please contact the Cucamonga Valley Water Drstnct at 987-2591 ' a Resrdenbal (gal/day) ! t ~v Peak use (gal/Day) b Commercial/Ind (gal/day/ac) Peak use (gal/min/ac) 19) Indicate proposed method of sewage disposal ~ Sep6c Tank ^ Sewer CC7M IN ~ !f septic tanks are proposed, attach percolation tests If discharge to a sanitary sewage system rs proposed Indreate expected daily sewage generation (See Attachment A for usage estrmates) For further clanticatlon, please contact the Cucamonga Valley Water Drstnct at 987-2591 a Residential (gal/day) b Commercial/Industrial (gal/day/ac) RESIDENT/AL PROJECTS: 20) Number of residential units Detached (~ndreate range of parcel sizes, minimum lot size and maximum lot size ~ti i~ ~ rn~ a -~ c-d ~ -- 2 D , ~l-~ © S ~ ~.v~~E DoT"' -- 2y, 1~-~- 5~ Attached (indicate whether units are rental or for sale units) G~ ~L~_ r -~ ,N ~~ S r `._~ I 1PLANNINGIFINALIFORMSICOUNTER\Initial Study Part1 docPage 5 of 10 Rev 3/17/04 ~-~a 27) Antrcrpated range of sale paces and/or rents Sale Pace(s) $~ b n4D to $~~'~C7+~~ Rent (per month) $ to $ • 22) Specify number of bedrooms by unit type ~ ~ 23) Indicate anticipated household size by unit type ~ 1 Twn 5~'0 ~ ~ ~ 4~~ s~~ ~. ~~. Es «~~1C~5 24) Indicate the expected number of school children who will be residing within the project Contact the appropriate School Districts as shown rn Attachment 8 a Elementary b Junior High c Senior Hrgh ~ • COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and mayor funcfron(s) of commercial, industrial or institutional uses 26) 27) 28) Maxrmum Shift Time of Maxrmum Shift • I \PLANNING\FINALIFORMS\COUNTER\Initial Study Part1 docPage 6 of 10 Rev 3/17/04 p-t3 29) Provide breakdown ofant~crpated~ob classifications, including wage and salary ranges, as well as an indication ofthe rate of hire for each classrfica r~(attach additional sheet if necessary) • 30) Estimation of the number of workers to *31) For commercial and industrial uses only, me ven><ed through the South Coast Air Quality ALL PROJECTS that currently reside rn the Crty the source, type, and amount of air pollution emissions (Data should be igement District, at (81 B) 572-6283) 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine them ability to provide adequate service to the proposed pro~ect~ If so, please indicate their response 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/ortoxrc matena/s~ Examples of hazardous and/or toxic materials include, but are not limited to PCB's, radioactive substances, pes6crdes and herbicides, fuels, oils, solvents, and otherflammable liquids and gases Also note underground storage of any ofthe above Please Irst the materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, d known • I \PLANNING\FINAL\FORMS\COUNTER\Initial Study Part1 docPage 7 of 10 Rev 3/17/04 ~~ 34) Will the proposed project involve the temporary or long-term use, storage, or discharge ofhazardous and/ortoxrc matenafs, including but not limited to those examples listed above ~ If yes, provide an inventory of all such matenals 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 alpplication plans 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the facts, statements, and information presented are true and correct tot he best of my knowledge and belief 1 further understand that additional information maybe required to be submitted before an adequate evaluation can be made by the Crty of Rancho Cucamonga Date ~`('+ ~ ~J ~_ Signature ~~' `" " " "'J' ~~..~~'U"~'`r~/~ Title ~~~.r-r~.~c,f` 1~`~ ~~./ L--~.G • I \PLANNINGIFINAL\FORMS\COUNTER\Initial Study Part1 docPage 8 of 10 Rev 3/17/04 ~I~ ATTACHMENT "A" CITY OF RANCH O CUCAMONGA ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single-Family Multi-Family Neighborhood Commercial General Commercial Office Professional Institutional/Government Industrial Park Large General industrial Heavy Industrial (distribution) Sewer Flows Single-Family Multi-Family General Commercial Office Professional Industrial Park Large General Industrial Heavy Industrial (distribution) 705 gallons per EDU per day 256 gallons per EDU per day 1000 gal/day/unit (tenant) 4082 gal/day/unit (tenant) 973 gal/day/unit (tenant) 6412 gal/day/unit (tenant) 1750 gal/day/unit (tenant) 2020 gal/day/unit (tenant) 1863 gal/day/unit (tenant) 270 gallons per EDU per day 190 gallons per EDU per day 1900 gal/day/acre 1900 gal/day/acre Institutional/Government 3000 gal/day/acre 2020 gal/day/acre 1863 gal/day/acre Source Cucamonga Valley Water Drstr~ct Engmeer~ng & Water Resources Departments, Urban Water Management Plan 2000 I 1PLANNINGIFINALIFORMSICOUNTER11nit~al Study Part1 docPage 9 of 10 D-~~ Rev 3/17/04 ATTACHMENT B Contact the school dlstrlct for your area for amount and payment of school fees Elementary School D~strlcts Alta Loma 9350 Base Llne Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Sulte 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909)987-8942 Etlwanda 6061 East Avenue P O Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909) 988-8511 :7 • I \PLANNINGIFINALIFORMS\COUNTER\initial Study Part1 docPage 10 of 10 ~ Rev 3/17/04 D/`' MEMORANDUM DATE August 13, 1990 TO Applicants FROM Dan Coleman, Principal Planner SUBJECT HAZARDOUS WASTE AND SUBSTANCE SITES Effective July 1, 1987, Government Code Section 65962 5 requires each applicant for any development protect to consult the State list of Hazardous Waste and Substance Sites Based upon this list (available from the Planning Division) the applicant is required to submit a signed statement to the City of Rancho Cucamonga indicating whether the protect is located on a site which is included on the list before the City accepts the application as complete If the protect site is listed by the State as a hazardous waste or substance site, the applicant must fully describe the nature of the hazard and the potential environmental impacts on the Initial Study, Part I Attached is a standard statement for the applicant to sign • The State list of Hazardous Waste and Substance Sites may be reviewed at the City of Rancho Cucamonga Planning Division offices, located at 10500 Civic Center Drive Attachment Statement Form • ~~~ HAZARDOUS WASTE SITE STATEMENT I have been informed by the City of Rancho Cucamonga of my responsibilities pursuant to California Government Code Section 65962 5 (copy attached) to notify the City as to whether the site for which a development application has been submitted is located within an area which has been designated as the location of a hazardous waste site by the Office of Planning and Research, State of California (OPR) I have also been informed by the City of Rancho Cucamonga that, as of the date of executing this Statement, OPR has not yet compiled and distrubted a I-st of hazardous waste sites as required by said Section 65962 5 I am informed and believe that the proposed site for which a development application has been submitted is not within any area specified in said Section 65962 5 as a hazardous waste site I declare under penalty of penury of the laws of the State of California that the foregoing is true and correct • Dated ~p~^~ ~ ~ ~~~ ~~U~-.~j ~J.~;~-~r-i~-c,~, Applicant ~~ ~~~~ ~ ~ ~ C C O O ,~.~ F ~ t6 V U ~ ~ J U= o ~ U ~ C O C6 *r ~ O .~ v • • ~~ • ~~~~ r~ u • ~~ i ,~~~~ ~ ~ r ~ I' ~~ ~i~yY'~I~11~C~`~ ~)I~'T ~ ~` Gur~P1'a~1711~°e1~11M ~U11~~~1~i~~ll4~b~o2~,~,~ ~;,~~''~~;~=i~a;'~ili ;, 1' Photo 1 Photo taken facing southeast rrom northwest corner of Parcai 225-191-17, depicting ruder ai vegetation Photo 2 Photo iukUn facmg Soul~~ on the °2stern purlrr, p1 l~r~~~eot site depicting r;-rein=~n+ of isolat..d droirag2 feature • • a.-u ''~,-. _ (~(=sat ~ «u~°~;-~y'+t~.~iT, ir.r+ <• x: _. _ -__ - ~, s.~`T~ '='%ETr ; a I,~, db ,,,r--„-+r~~glp t ,~ 'n~ ~' 1~ i -uo ",-+~-,e[~ "~. ,. w~ ,r!;`.%~ t k, ~_ air' ~~A9sr~ ,~1uv~~ ,F~:~'s i"~^'+ "__f',~t m'{'ra"~i`t ..~'kE~~~ ; = _ s;.x Y.Lr1,, 4i~•~," ;~.~ iv. u a mro roi3 ti 'J.l, "'7".~r~d~ u.~^ ~~. ~7• "'city v l~.v v ~T" wt r ~L'r iMy ".r` it+ 'r.arSr I«M~ ,..r~ ~~:. .. ~ lp Q~ ~ ~~ ~'t~+1~ ~~" ~t+ n,,...-~7+C~.n'~lrw 77'~ a'4:r.r ~i C IhH~'+ ,~~: n^q~ •~F1ar'~~~~y i 7~yC1i6~!Mliis n =' ,~ ~~ ~r,p~~rF"{kd~r''"~",.. -~~Li J, ` ~titd~ ~~ ~ ~' 5 ~'$k~ .~+t~,~ .kr ,~ v kaa~'`4'~ 1$`'h r t~'Y ~ °~r - L~~M yt_7 v~. - ,~; ~i..m,_. a~ U w:; t,blt~l~`~vr ~n eu7elttexri.w` l+.x~"~='+ ~~d:'"."'pxw~•4~,~ n~~ii,,,,~5~ ,,.:~ ..~,.rv.'~ '~JL ~iY:. r_,._ ,mac r _ ".3~._d~~,'E,rl, Photo 4 Plioto taken facing south depicting remnant of isolated drainage feature m the eastern portion of the project site 4~~'~~tr~~i~.a~~r ~, o i~~l~a~rv~ir~~ ~~~~a~~ac~~~~ • ~0~'~ ~C~1~1f'C.~(~~~G~IG~i~ ~~'~~~1~~~5~ ~ ,~tE t~nmt~ ~so+ ~~ Photo 3 Photo taken depicting Riversidean alluvial fan sage scrub in eastern portion of the project site • • ~,~~~ ri~„i~, ,yen ~~it~~9llll~,))~.N~~r~7 Lam. li lt::~1~:21~11~~ni~ '~-~fulv"~1fi1(`Ji~rll~~~' /~~F~~~~,fvu~~f~~C~ f~i ~~ Photo 5 Photo ta4~en facing southwest from northeast corner of parcel 225-191-17, depicting ruderal vegetation • City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART I I BACKGROUND 1 Project File Tentative Tract Map SUBTT18033 2 Related Files DRC2006-00309 Tree Removal Permit 3 Description of Project TENTATIVE TRACT MAP SUBTT18033 - WEINBERGER - A request to subdivide 9 9 acres of land into 13 lots m the Very Low Residential District (1-2 dwelling units per acre) located south of Banyan Street and east of East Avenue - APN 0225-191-09 and17 4 Project Sponsor's Name and Address Etiwanda Creek Estates Mr Robert S Weinberger 1407 Highbluff Drive Newport Beach, CA 92660 5 General Plan Designation Very Low Residential 6 Zoning Very Low Residential 7 Surrounding Land Uses and Setting The majority of the land to the north is vacant, however, • there are three existing residences To the south is an existing single-family residence and Christmas Tree Farm, to the west is developed single-family residences, and to the east is vacant land 8 Lead Agency Name and Address City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9 Contact Person and Phone Number Lou LeBlanc, Assistant 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 CVWD -Cucamonga Valley Water District EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM,o -Fine Particulate Matter RWQCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District SW PPP -Storm Water Pollution Prevention Plan URBEMIS7G -Urban Emissions Model 7G ~~ Initial Study for SUBTT18033 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 (/) Air Quality (/) Biological Resources (/) Cultural Resources (/) Geology & Soils (/) Hazards & Waste Materials (/) Hydrology & Water Quality (/) Land Use & Planning ()Mineral Resources (/) Noise ()Population & Housing (/) Public Services ()Recreation () Transportation/Traffic ()Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation City of Rancho Cucamonga Page 2 • (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 protect proponent A MITIGATED NEGATIVE DECLARATION will be prepared Prepared By Date ~'~~~'" ~/~./ Reviewed By Date `mil ( ~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 3 Less Then Issues and Supporting Information Sources Potentially Significant with Less Than Significant Mitigation Significant No Impact Incorporated Imoact Imoact 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 adjacent to the protect site The site is not within a view corridor according to General Plan Exhibit III-15 No impact is anticipated b) The protect site is part of a larger area designated as a "Major Community Design Feature" because of "special vegetation/windrows" according to General Plan Exhibit III-15 This vegetation, which includes Eucalyptus windrows planted to protect groves, • provides "a historic link to our agricultural past " The Etiwanda Specific Plan (ESP) is the primary tool for implementing this policy The ESPs "Street Tree Preservation" Figure 5-13 does not identify any of the windrows on the project site for preservation because none of them are along the East Avenue street frontage The ESP calls for the perpetuation of the windrow system by the gradual replacement and expansion of windrows at a rate of 50 linear feet per acre of new on-site windrows, therefore, a total of 480 linear feet of new windrows are required on this 9 9-acre site An arborist report was prepared (Jim Borer, Certified Arborist No 496) which identified 101 trees on-site that qualify as "heritage trees" as defined by the City's Tree Preservation Ordinance Additionally 135 trees (Eucalyptus Globulous/blue gum) located on the property of the neighbor to the south have been reviewed and the arborists has determined that these trees will be impacted by the proposed development The arborist concluded that all of the trees on-site and trees located south of the site will be grossly impacted as a result of the development as proposed None of the trees are candidates for preservation and conservation in place because of their overall health Further, these trees were damaged in the October 2003 Grand Prix Fire The protect site contains no historic buildings within a State Scenic Highway There are no State Scenic Highways within the City of Rancho Cucamonga Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) New Eucalyptus windrows shall be planted, a minimum of 480 linear feet, in 5-gallon size, as required by the Etiwanda Specific Plan 2) The existing Eucalyptus windrows and other trees shall be removed and replaced with 5-gallon Eucalyptus Maculata "spotted gum," spaced 8 feet on center r ~ ~J ~'~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 4 Less Than Signdicant Less Issues and Su ortin Information Sources Potentially w~tn Than pp g Significant Mingahon Significant No Impact Incorporated Impact Impact c) The majority of the land to the north is vacant, however, there are three existing residences To the south is an existing single-family residence and Christmas Tree Farm, to the west is developed single-family residences, and to the east is vacant land The visual quality of the area will not degrade as a result of this project 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 utflity enclosures fn accordance with Planning Commission Resolution No 87-96, unless exempted by said Resolution d) The project would increase the number of streetlights and security lighting used fn the immediate vicinity The design and placement of the light fixtures will be shown on the Site Plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare The lighting will be selected and located to confine the area of illumination to within the project site The impact is not considered significant 2 AGRICULTURAL RESOURCES Would the project 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 () () () (/) 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 Comments a) The site is not designated as Prime Farmlands, Unfque Farmland, or Farmland of Statewide Importance The majority of the land to the north is vacant, however, there are three existing residences To the south is an existing single-family residence and Christmas Tree Farm, to the west is developed single-family residences and to the east is vacant land 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 mayor 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 Final Environmental Impact Report (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 fs no agriculturally zoned land within the City of Rancho Cucamonga There are no Williamson Act contracts within the City • • • ~~ Initial Study for SUBTT18033 • City of Rancho Cucamonga Page 5 Less Than Signdicant Less Issues and Supporting Information Sources Potentially w~ih Than Signrficant Mitigatwn Signdicant No Im act Incorporated Impact Im act c) The matority of the land to the north is vacant, however, there are three existing residences To the south is an existing single-family residence and Christmas Tree Farm, to the west is developed single-family residences, and to the east is vacant land The nearest agricultural use is more than 1 /4 mile south from the protect site Therefore, no adverse impacts are anticipated • 3 AIR QUALITY Would the project a) Conflict with or obstruct implementation of the () () () (/) applicable air quality plan b) Violate any air quality standard or contribute () (/) () ( ) substantially to an existing or protected air quality violation 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 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 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 protect 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 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 1) All construction equipment 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 ~~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 6 Less Than Signdicant Less Issues and Su ortin Information Sources Potentially w~tn Than pp g Significant Miugation Signdicant No Impact Incorporated Impact Impact 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 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 Glualtty Management District (SCAQMD) 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 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 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 e , wind speeds exceeding 25 mph) in accordance with SCAQMD 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 Regional Water Quality Control Board [RWGICB]) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403 7) Chemical soil-stabilizers (approved by SCAQMD and RW~CB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions • • p-~ Initial Study for SU BTT18033 City of Rancho Cucamonga Page 7 Less Than Issues and Supporting Information Sources Potentially Signdicant Wtlh Less Than SigrnUCant Minga4on Signdicant No Impact Incorporated Impact Impact 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 Urban Emissions Model (URBEMIS7G) model estimates in Table 5 6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Fine Particulate Matter (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 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 protect 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 Pian 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 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 Pian 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 project 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, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 The project site is located within 1/4 mile of sensitive receptors two public schools and single-family residences Potential impacts to air quality are consistent with the k~ ~ 4 Initial Study for SUBTT18033 City of Rancho Cucamonga Page 8 Less Than Signtlicant Less Issues and Su ortin Information Sources Potentially wpm Than pp g Significant Mitigation Signdwant No Impact Incor oratetl Impact Imcact 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 uses proposed do not create objectionable odors No adverse impacts are anticipated 4 BIOLOGICAL RESOURCES Would the project a) Have a substantial adverse effect, either directly or () (/) () ( ) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service b) Have a substantial adverse effect on riparian habitat () (/) () ( ) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service c) Have a substantial adverse effect on federally () () () (/) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means d) Interfere substantially with the movement of any native () () () (/) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites e) Conflict with any focal 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, b, f) The project site is vacant land According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the project site is within an area of sensitive biological resources, specifically Riversidian Alluvial Fan Sage Scrub habitat (RAFSS), therefore, development may adversely affect rare or endangered species of plants or animals The protect site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4 A biological survey was prepared (Chambers Group, April 2006) of the 9 9 acre project site The study concluded that fragments of high quality Riversidian Alluvial Fan Sage Scrub (RAFSS) totaling 7 acre located in the eastern portion of the site No single species dominated this community, although several large shrubs were common There is no riparian habitat present on-site .7 • • initial Study for SUBTT18033 • City of Rancho Cucamonga Page 9 Less Than Significant Less Issues and Supporting Information Sources Potentially w~tn Than Significant Mdigafion Significant No Impact Incorporated Impact Impact The protect site lies within designated critical habitat for the California Coastal gnatcatcher and San Bernardino kangaroo rat (SBKR) Because of the presence of suitable habitat on-site and the California Natural Diversity Database (CNDDB) records in the vicinity, this species has a moderate potential to occur on-site Therefore, focused surveys for the California Coastal gnatcatcher were necessary The Coastal California gnatcatcher was not observed during any of the six focused surveys conducted during the last breeding season for immediately adtacent properties Therefore, this species can be considered absent from the protect site at this time In addition, alive-trapping survey on immediately adtacent properties (SJM Biological Consultants, August 2005) was conducted for the federally endangered San Bernardino kangaroo rat and the California Species of Special Concern Los Angeles pocket mouse (LAPM) The study found that the "habitat conditions on the property appeared to be generally suitable for both SBKR and LAPM", however, none were captured or observed It should be noted that the protect site was completely burned over in October 2003, during the Grand Prix Fire The trapping survey concluded "that neither SBKR or LAPM will be impacted by the proposed development protect at the current time" No trapping was conducted this assessment Rather, the results of recent field studies on immediately adtacent properties were used to infer the potential for the San Bernardino kangaroo rat and Los Angeles pocket mouse on the property The following mitigation measure is recommended to reduce the level of potential impact • 1) If the site is developed more than 2 years after the date of the original biological surveys, new focused surveys for the California Coastal gnatcatcher, San Bernardino kangaroo rat, and the Los Angeles pocket mouse shall be performed prior to issuance of any clearing and grubbing, grading, or building permits 2) To mitigate the loss of Riversidian Alluvial Fan Sage Scrub habitat, the developer shall purchase and preserve off-site lands of equivalent habitat to provide substitute resources at a ratio of 1 1 equaling 7 acre Mitigation may involve the financial contribution towards purchase of land within San Bernardino County 3) The developer shall collect seeds of the Plummer's mariposa lily and/or transplant bulbs under the direction of a qualified restoration ecologist 4) Construction limits shall be fenced with temporary chain link fencing prior to any site clearing and grubbing or any other disturbance and prior to issuance of any grading or building permits to protect preserved areas 5) Vegetation clearing and tree removal activities shall be conducted during the non-breeding season (September 1 through February 14) to limit impacts to nesting birds 6) The developer shall hire a biologist to monitor vegetation clearing and initial grading to minimize potential effects to common wildlife species and California Special Concern Species 7) In the event that vegetation clearing or tree removal is necessary during the bird breeding season (February 15 through August 31), the developer shall hire a qualified biologist to conduct a preconstruction survey to identify the ®~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 10 Less Than Significant Less Issues and Su ortin Information Sources Potentially w~tn Than pp g Signdicant Mitigation Signdicant No Impact Incorporated Impact Impact locations of nests within the areas affected by clearing If the biologist fords an active nest within or adjacent to these areas, then the biologist shall delineate an appropriate buffer zone around the nest, marked by flagging or fencing, and construction or clearing shall not be conducted within this buffer zone until the biologist determines that the nest is no longer active 8) Any equipment operated within or adjacent to a drainage shall be checked and maintained daily to prevent leaks of materials that, if introduced to water, could be detrimental to plant and wildlife species Cement/concrete, asphalt, paint, petroleum products, or other substances that could be hazardous, resulting from project-related activities, shall be prevented from entering the soil or waters Any of these materials placed in an area that may result in the material entering the drainage shall be removed and disposed of at an appropriate site 9) Prior to completion of the project construction activities each day, the developer shall remove all trash and debris to avoid attracting wildlife c) No wetland habitat is present on-site As a result, project implementation would have no impact on these resources • d) The majority of the surrounding area, particularly to the north, south, and east, is vacant land, however, flood control facilities to the north and east, and the I-210 Freeway to the • south, have cut-off wildlife access and any wildlife corridors No adverse impacts are anticipated e) The project site is part of a larger area designated as a "Major Community Design Feature" because of "special vegetation/windrows" according to General Plan Exhibit 111- 15 This vegetation which includes Eucalyptus windrows planted to protect groves, provides "an historic link to our agricultural past " The ESP is the primary tool for implementing this policy ESP Figure 5-13 does not identify any of the windrows on the project site for preservation The ESP calls for the perpetuation of the windrow system by the gradual replacement and expansion of windrows at a rate of 50 linear feet per acre of new on-site windrows, therefore, a total of 480 linear feet of new windrows are required on this 9 9-acre site An arborist report was prepared (Jim Borer, Certified Arborist No 496) which identified 101 trees on-site that qualify as "heritage trees" as defined by the City's Tree Preservation Ordinance The arborists concluded that all of the trees have "some form of either structural decline or physical characteristic that makes their long-term viability marginal," further, these trees were damaged in the October 2003 Grand Prix Fire Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels 10) New Eucalyptus windrows shall be planted, a minimum of 480 linear feet, in 5-gallon size, as required by the Etiwanda Specific Plan 11) Existing Eucalyptus windrows and other trees shall be removed and replaced with 5-gallon Eucalyptus Maculata "spotted gum," spaced 8 feet on center • ~'~~ Initial Study for SUBTT18033 C, City of Rancho Cucamonga Page 11 Less Than Significant Less Issues and Supporting Information Sources Potentially with Than Significant Mtligauon Signdicant No Impact Incorporated Impact Impact 5 CULTURAL RESOURCES Would the prolect 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 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 archaeological 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 511) 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 • 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 prolect effects on significant, important, and unique prehistoric resources, following appropriate CEQA 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 p ~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 12 Less Than Signdicant Less Issues and Su ortin Information Sources Potentially with Than pp g Significant Mitigation SigniScant No Impact Incorporated Impact Impact 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 protect site Is underlain by Quaternary alluvium per General Plan Exhibit V-2, therefore, the following mitigation measures shall be implemented 2) If any paleontological resource (i a plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study 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 • 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) • 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 d) The proposed protect is in an area that has already been disturbed by development No known religious or sacred sites exist within the protect area No evidence Is in place to suggest the protect site has been used for human burials The California Health and Safety Code (Section 7050 5) states that If human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097 98 As adherence to State regulations Is required for all development, no mitigation Is required In the unlikely event human remains are discovered on-site No adverse Impacts are anticipated • ~'~id1 initial Study for SUBTT18033 • • City of Rancho Cucamonga Page 13 Less Than Signdicant Less Issues and Supporting Information Sources Potentially wain Than Signdicant Mitigatwn Signdicant No Impact Incorporated Impact Impact 6 GEOLOGY AND SOILS Would the pro~ecr 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 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 ii) Strong seismic ground shakings () () () (/) iii) Seismic-related ground failure, including () () () (/) liquefaction iv) Landslides () () () (/) 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 m Table () () () (/) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use () () () (/) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater Comments a) No known faults pass through the site, and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5 1 of the General Plan FEIR The Red Hill Fault, passes within 75 mile northwest of the site, and the Cucamonga Fault Zone lies approximately 1 7 mile north These faults are both capable of producing MW 6 0-7 0 earthquakes Also, the San Jacinto Fault, capable of producing up to MW 7 5 earthquakes is 4 miles northeasterly of the site and the San Andreas Fault, capable of up to MW 8 2 earthquakes, is 6 miles northeasterly of the site Each of these faults can produce strong groundshaking Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant b) The proposed protect will require the excavation, stockpiling, and/or movement of on-site soils 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 p~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 14 Less Than Signrficant Less Issues and Supporting Information Sources Potentially wain Than Signdicant Mdiganon Signrficant No Impact Incorporated Impact Impact 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 SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAGIMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions assoaated 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 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 • 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 51-2 Soil types on-site consist of Soboba Gravelly Loamy Sand Soil association according to General Plan FEIR Exhibit 5 1-3 No adverse impacts are anticipated d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits These types of soils are not considered to be expansive Soil types on-site consist of Soboba Gravelly Loamy Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 51-3 These soils are typically used for dry-farmed seeded pastures 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 project a) Create a significant hazard to the public or the () () () (/) environment through the routine transport, use, or disposal of hazardous materiais~ b) Create a significant hazard to the public or the () () () (/) environment through reasonably toreseeable 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-~~ • Initial Study for SUBTT18033 City of Rancho Cucamonga Page 15 Less Than Issues and Supporting Information Sources Potentially Significant w~tn Less Than Signdicant MiLgation Significant No Impact Incorporated Impact Impact d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment e) For a project located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area f) For a project within the vicinity of a private airstrip, () () () (/) would the project result in a safety hazard for people residing or working in the project area g) Impair implementation of or physically interfere with an () () () (/) adopted emergency response plan or emergency evacuation plan h) Expose people or structures to a significant risk of () () () (/) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands~ 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 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 project 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 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 schools located within 1/4 mile of the project site The project site is located within 1/4 mile of Summit Intermediate and Etiwanda Colony Elementary schools Typically, the uses proposed do not create objectionable odors No adverse impacts are anticipated d) The proposed project 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 D~~~ initial Study for SUBTT18033 City of Rancho Cucamonga Page 16 Less Than Signrficam Less Issues and Su ortin Information Sources Potentially w~tr, Than pp g Sgnihcant Mitigation SigrnUcant No Impact Incorporated Impact Impact e) The site is not located within an airport land use plan and is within 2 miles of a public airport The project site is located approximately 8 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 :7 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 The proposed project site is located within a high fire hazard area according to General Plan Exhibit V-7 and the Rancho Cucamonga Fire Protection District The easterly portion of the site was burned during the Grand Prix Fire of 2003 The project will have two public street access points to assist emergency response The nearest fire station is 2000 feet to the north on East Avenue A Preliminary Fire Protection Plan (Firewise 2000, Inc June 6, 2006) was prepared The study recommended following mitigation measures to reduce the impact to less-than-significant 1) The protect shall be developed in accordance with all fuel modification • mitigation measures identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, Inc and any subsequent fire protection studies as may be required by the Rancho Cucamonga Fire Protection District 2) The protect shall be developed in accordance with all landscape and irrigation mitigation measures identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, tnc and any subsequent fire protection studies as may be required by the Rancho Cucamonga Fire Protection District 3) The protect shall be developed in accordance with all High Fire Hazard area, San Bernardino County FS-3 overlay, structure special fire protection features identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, Inc and any subsequent fire protection studies as may be required by the Rancho Cucamonga Fire Protection District • ~~~ Initial Study for City of Rancho Cucamonga SUBTT18033 Page 17 Less Than Signdicant Less Issues and Supporting Information Sources Potentially with rnan Sigrnficant Mmgation Significant No Impact Incorporated Impact Impact 8 HYDROLOGY AND WATER QUALITY Would the project a) Violate any water quality standards or waste discharge () (/) () ( ) requirements b) Substantially deplete groundwater supplies or interfere () () () (/) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g ,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) c) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site d) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site • e) Create or contribute runoff water which would exceed () () () (/) 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, injury or death involving flooding, including flooding as a result of the failure of a levee or damp ~) Inundation by seiche, tsunami, or mudfiow~ () () () (/) Comments a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD) The project is designed to connect to the existing water and sewer systems The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board • (RWQCB), Santa Ana Region, administers these permits ~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 18 Less Than S~gniUcant Less Issues and Supporting Information Sources Potentially will, Than Significant Mitigation Signdicant No Impact Incorporated Impact Imoact Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment Prior to commencement of construction of a protect, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation Perform inspections of all BMPs Waste discharges include discharges of storm water and construction project discharges A construction project for new development or significant redevelopment requires an NPDES Permit Construction project proponents are required to prepare a SWPPP To comply with the NPDES, the construction contractor of the project will be required to prepare a SWPPP during construction activities and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff The applicant has submitted a WQMP, prepared by Ron Martin & Associates, Inc on April 70, 2006, that identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction Runoff from driveways, roads, and other impermeable surfaces must be controlled through an on-site drainage system BMPs include both structural and non-structural control methods Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans and various business plans that must be developed by any businesses that store and use hazardous materials Practices, such as periodic parking lot sweeping, can substantially reduce the amount of pollutants entering the storm drain system The following mitigation measures would be required to control additional storm water effluent C011StrUCtlOn Activitres 1) Prior to issuance of grading permits, the permit applicant shall submit, to the Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a minimum. a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced ~n southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either • • p-~~ • Initial Study for SUBTT18033 City of Rancho Cucamonga Page 19 Less Than Issues and Supporting Information Sources Potentially Signdicant wain Less Than Significant Mitigation Signdicant No Impact Incorporated Imoacl Impact on-site or off-site as a result of this project will be corrected through a remediat~on or restoration program within a specified time frame 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site Post- Construction Operational 5) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP), prepared by Ron Martin & Associates, Inc , to reduce pollutants after construction entering the storm drain system to the maximum extent practical 6) Landscaping Plans shall include provisions for controlling and m~n~mizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including monitoring provisions for a mm~mum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits 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 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, CVWD has plans to meet this increased need through the construction of future water facilities • c) The project 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 A review of the property was prepared (Chambers Group, January 11, 2006) that concluded there are only two small, erosion-cut features about 500 feet long located on or immediately adjacent to the eastern property boundary These two features exhibit discontinuous shelving, sediment deposits, and destruction of vegetation They are also isolated from any known jurisdictional waters of the United States The report concluded that these two features did not manifest the requisite bed, bank, and channel structure necessary for qualification as a jurisdictional streambed All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The project 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 to issuance of grading permits Therefore, the project will not result in substantial erosion or siltation on- or off-site The impact is not considered significant ~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 20 Less Than Significant Less Issues and Supporting Information Sources Potentially Signdmant with Mitigation Than Signdicant No Impact nCOfpOfaled Impact Imoact d) The project 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 project 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 project 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 project 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 m 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 m surface water quality impacts The site is for new development or significant redevelopment, therefore, is required to comply with the NPDES to minimize water pollution The following mitigation measures shall be implemented 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, 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 Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 8) Prior to issuance of grading or paving permits, the applicant shall obtain 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 Ident~f~cation Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit g) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected h) The project 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 project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected • • ~'"~-I'~ • initial Study for SUBTT18033 City of Rancho Cucamonga Page 21 Less Than Significant Less Issues and Supporting Information Sources Potentially with Than Sgndicant Mtligation Significant No Impact Incorporated Impact Impact )) There are no oceans, lakes, or reservoirs near the project site, therefore, impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City • • 9 LAND USE AND PLANNING Would the project a) Physically divide an established community () () () (/) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with jurisdiction 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 has vacant land to the north 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 Very Low Residential 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) According to the General Pian Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is within an area of sensitive biological resources, specifically Riversidian Alluvial Fan Sage Scrub habitat (RAFSS), therefore, development may adversely affect rare or endangered species of plants or animals The project 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 A biological survey was prepared (Chambers Group, April 2006) of the 9 9 acre project site The study concluded that fragments of high quality RAFSS totaling 7 acre are located in the eastern portion of the site No single species dominated this community, although several large shrubs were common There is no riparian habitat present on-site The protect site lies within designated critical habitat for the California Coastal gnatcatcher and San Bernardino kangaroo rat Because of the presence of suitable habitat on-site and the CNDDB records in the vicinity, this species has a moderate potential to occur on-site Therefore, focused surveys for California Coastal gnatcatcher were necessary The Coastal California gnatcatcher was not observed during any of the six focused surveys conducted during the last breeding season for immediately adfacent properties Therefore, this species can be considered absent from the project site at this time ~~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 22 Less Than Signdicant Less Issues and Supportin Information Sources Potentially with Than g Significant Mitigation Sigroficant No Impact Incorporated Impact Impact In addition, alive-trapping survey on immediately adjacent properties (SJM Biological Consultants, August 2005) was conducted for the federally endangered San Bernardino kangaroo rat and the California Species of Special Concern Los Angeles pocket mouse The study found that the "habitat conditions on the property appeared to be generally suitable for both SBKR and LAPM", however, none were captured or observed It should be noted that the project site was completely burned over in October 2003, during the Grand Prix Fire The trapping survey concluded "that neither SBKR or LAPM will be impacted by the proposed development project at the current time" No trapping was conducted this assessment Rather, the results of recent field studies on the immediate adjacent properties were used to infer the potential for San Bernardino kangaroo rat and the Los Angeles pocket mouse on the property The mitigation measures listed under Biological Resources will reduce the level of impact to less-than-significant 10 MINERAL RESOURCES Would the project a) Result in the loss of availability of a known mineral () () () (/) resource that would be of value to the region and the residents of the State b) Result in the loss of availability of a locally important () () () (/) 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 11 NOISE Would the project result in a) Exposure of persons to or generation of noise levels in () (/) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies b) Exposure of persons to or generation of excessive () () () (/) ground borne vibration or ground borne noise levels c) A substantial permanent increase in ambient noise () () () (/) levels in the project vicinity above levels existing without the prolect~ d) A substantial temporary or periodic increase in () (/) () ( ) ambient noise levels in the project vicinity above levels existing without the prolect~ e) For a project 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 project expose people residing or working in the project area to excessive noise levels • • ~`~-~~ initial Study for SUBTT18033 • City of Rancho Cucamonga Page 23 Less Than Signdicant Less Issues and Supporting Information Sources Potentially w~tn Than Significant Mnigation Significant No Impact Incorporated Impact Impact f) For a protect within the vicinity of a private airstrip, () () () (/) would the project expose people residing or working m the protect area to excessive noise levels Comments a) The project site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out A Noise Study was required and prepared by Vista Environmental on June 9, 2006 The project site is primarily impacted by noise from Banyan Street and from the I-210 Freeways, which is located within 2,000 feet of the protect, and to a lesser extent from the i-15 Freeway, which is located approximately 4,000 feet to the east Because of the distance, the I-210 Freeway is not anticipated to create a significant impact for the protect site The future residential units will also experience some background noise impacts from the internal roadway of the proposed protect and the neighboring residential roadways • The Exterior Noise Impact Study found that Lot 13 is the only lot expected to exceed the 60dBA Ldn exterior noise standard, with an exterior noise level of 60 4dBA Ldn With the proposed mitigation measure No 1 incorporated into the proposed project, the future levels will be below 59 3dBA Ldn, which is below City standard The Interior Noise Impact Study found that Lot 13 will exceed the 45dBA Ldn interior standard With the proposed Mitigation Measures Nos 2, 3, 4, and 5 incorporated into the protect, the future interior noise level will be below the City standard Mitigation measures listed below would reduce exterior and interior noise levels to less-than-significant levels Exterior 1) The applicant shall provide a 3-foot high sound wall for Lot 13 facing East Avenue The weight of the sound barrier shall be at least 3-1/2 pounds per square foot of face area and have no decorative cutouts or line-of-site openings between the shielded area and the roadway Interior 2) The applicant shall provide a windows closed condition for home on Lot 13 facing East Avenue A windows closed condition requires a means of mechanical ventilation per the Uniform Building Code Standards This shall be achieved with standard air conditioning or fresh air intake system 3) The applicant shall ensure that ail air intake ducts on Lot 13 will be oriented away from Banyan Street and shall incorporate at feast 6 feet of flexible fiberglass ducting and at least one 90-degree bend There shall be no other openings (mail slots, vents, etc) in the exterior walls 4) The applicant shall provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46 Typical walls with this rating will have 2-inch by 4-inch studs or greater, 16 inches on center with R-13 insulation, a minimum 7/8-inch exterior surface of cement plaster, and a minimum interior surface of 1/2-inch gypsum board D~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 24 Less Than Signdicant Less Issues and Su ortin Information Sources pp g Potentially Significant With Mdigation Than Sgndicant No Impact Incorooratetl Impact Impact 5) The applicant shall provide window and door assemblies used throughout the protect that are free of cut outs and openings, well fitted and well weather-stripped b) The uses associated with this type of project normally do not induce groundborne 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 protect d) 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 The following measures are provided to mitigate the short-term noise impacts 6) 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 7) 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 monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be required by the Building Official Said consultant shall report their findings to the Building Official within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official 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 8) The perimeter block wall shall be constructed as early as possible in the first phase The preceding mitigation measures will reduce the disturbance created by on-site construction equipment, however, do not address the potential' impacts because of the transport of construction materials and debris The following mitigation measure shall then be required 9) 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 Addit~onaliy, 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 Pian 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 e) The site is not located within an airport land use plan and is not within 2 miles of a public airport The site is located approximately 7 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated • • ~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 25 Less Than Significant Less Issues and Supporting Information Sources Potentially Wtlh Than Signficant Mitigation Signrfmant No Impact Incorporated Impact Impact 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,'ecf 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, () () () (/) necessi#ating the construction of replacement housing eisewhere~ c) Displace substantial numbers of people, necessitating () () () (/) the construction of replacement housing elsewhere Comments • a) The protect is located within the Etiwanda community of the City of Rancho Cucamonga that is growing rapidly Construction activities at the site will be short-term and will not attract new employees to the area The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated No impacts are anticipated b) The protect site contains no existing housing units No adverse impact is expected c) The protect site is vacant land No impacts are anticipated 13 PUBLIC SERVICES Would the pro,rect result rn substantial adverse physical rmpacts associated with the provision of new or physrcally altered governmental facilities, need for new or physrcally altered governmental facilities, the construction of which could cause significant environmental rmpacts, in order to maintain acceptable service ratios, response trines or other performance ob/ectives for any of the public services a) Fire protections () (/) () ( ) b) Police protections () () () (/) c) Schools () () () (/) d) Parks () () () (/) e) Other public facilities O O O (/) Comments • a) The site is within a High Fire Hazard area The protect would be served by a Fire Station No 176 located approximately 37 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 The High Fire Hazard area "''[ 9 Initial Study for SUBTT18033 City of Rancho Cucamonga Page 26 Less Than Signdicant Less Issues and Su ortin Information Sources Potentially will, Than pp g Significant Mitigation Significant No Impact Incorporaletl Impact Impact mitigation measures listed under Hazards would reduce the level of impact to less-than-significant 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 Etiwanda School District and the Chaffey Joint Union High School District serve the project area Both elementary and middle schools are located within 1/4 mile Both school districts have been notified regarding the proposed development A standard condition of approval will require the developer to pay the School Impact Fees With this standard mitigation, impacts to the school districts are not considered significant d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is located 1/4 mile from the protect site The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline m 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 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 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 Ctty 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 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 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 () () () (/) 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, Etiwanda Creek Park, is located 1/4 mile 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 facilities A standard condition of • • p-5-~ Initial Study for SUBTT18033 • City of Rancho Cucamonga Page 27 Less Than Signdicant Less Issues and Supporting Information Sources Potentially w~,h Than Signrficant Mitigation Significant No Impact Incorporated Im act Impact approval will require the developer to pay Park Development Fees No impacts are anticipated b) See a) response above 15 TRANSPORTATION/TRAFFIC Would the project 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 m 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 () () () (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation (e g , bus turnouts, bicycle racks) Comments a) Implementation of the proposed protect will generate 124 average vehicle trips daily The proposed protect includes the development of 13 homes The ITE trip generation handbook estimates that each single-family house will generate an average of 9 57 trips daily 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) The Rancho Cucamonga Traffic Model estimates that the protect of 13 homes will generate 22 94 two-way peak hour trips daily (9 83 during morning peak driving hour and 13 during evening peak) In November 2004, San Bernardino County voters passed the Measure I extension which requires local Jurisdictions to impose appropriate fees on ~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 28 Less Than Signdicant Less Issues and Supporting Information Sources Potentially Signdicant w~tn Miuoation Than Significant No Impact Incorporated Impact Impact development for their fair share toward regional transportation improvement protects On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement This protect will be required, as a condition of approval, to pay the adopted Transportation Development Fee prior to issuance of building permit 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 7 miles northerly of the Ontario Airport, the site fs 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 (e g , street widening) and vehicle trip reduction (e g , bicycle lane) 16 UTILITIES AND SERVICE SYSTEMS Would the project 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 fn the construction of new storm () () () (/) water drainage facilities or expansion of existing facilities, the construction of which could cause sign~ffcant environmental effects d) Have sufficient water supplies available to serve the () () () (/) protect from existing entitlements and resources, or are new or expanded entitlements needed • • 5a- Initial Study for SUBTT18033 • City of Rancho Cucamonga Page 29 Less Than Issues and Supporting Information Sources Potent~aliy Significant w~ih Less Than Sigrntcant Mitigation Signdicant No Impact Incorporated Impact Impact e) Result fn a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that ft has adequate capacfty to serve the protect's projected demand in addition to the provider's existing commftments~ 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 fs served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The project fs required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated b) The proposed project fs served by the CVWD 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 the City of Ontario, neither of whfch fs at capacity The project fs 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 fs not considered significant d) The project fs served by the CVWD water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project No impacts are antfapated e) The proposed project fs served by the CVWD sewer system, whfch has waste treated by the Inland Empfre Utilfties Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located wfthin the Cfty of Ontario, nefther of whfch 's at capacfty No fmpacts are antfcfpated f) Solid waste dfsposal will be provided by the current Cfty contracted hauler who disposes the refuse at a permitted landfill with sufficient capacfty to handle the City's solid waste dfsposal needs g) This project complies with Federal, State, and local statutes and regulations regarding solid waste The Cfty of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no fmpacts are anticipated ~~ Initial Study for SUBTT18033 City of Rancho Cucamonga Page 30 Less Than Sigrnhcant Less Issues and Supporting Information Sources Potentially Significant With Mitigation Than Significant No Impact nCCfOCratetl Impact impact 17 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the () () () (/) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory b) Does the project have impacts that are individually () () () (/) limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects that will () () () (/) cause substantial adverse effects on human beings, either directly or indirectiy~ Comments a) The site is located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3 Additionally, the area surrounding the site is mostly developed Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site because of its isolation b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan The 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 build-out in the City and Sphere-of-Influence The City made findings that adoption of the General Plan would result in significant adverse effects to 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 projects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required • • c) 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 Q Initial Study for SUBTT18033 City of Rancho Cucamonga Page 31 Less Than Signficant Less Issues and Supporting Information Sources Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 • • 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 project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Department offices, 10500 Civic Center Drive (check all that apply) (/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Etiwanda Specific Plan EIR (SCH #82061801, certified July 6, 1983) • Initial Study far Ctty of Rancho Cucamonga SUBTT18033 Page 32 APPLICAf~T CERTIFICATiCriJ t certrfy that I am the appUcant for the project described rn thrs Irntial Study I acknowledge that 1 have r®ad this Irntral Study and the proposed m~trgatror~ rteasuras Furth®r, I have revrsed the project plans or proposals and/or hereby agree to the proposed mrtrgatron measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental eftects would occur Applicant's Signature ~~'`~~~~``~~-'-~ ~~~~'~ Print Name and Titie data ~ ~„~~ ~ `'~ L • City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The follow-ng Mitigated Negative Declarat-on -s be-ng c-rcu/ated for publ-c review -n accordance w-th the Californ-a Env-ronmental Qual-ty Acf Sect-on 21091 and 21092 of the Publ-c Resources Code Protect File No Tentative Tract Map SUBTT18033 Public Review Period Closes. October 25, 2006 Project Name: Protect Applicant Etiwanda Creek Estates Project Location (also see attached map)• Located south of Banyan Street and east of East Avenue - APN 0225-191-09 and17 Project Description A request to subdivide 9 9 acres of land into 13 lots in the Very Low Residential District (1-2 dwelling units per acre) FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding • 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 Mitigated 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 Mitigated Negative Declaration means that an Environmental Impact Reportwill not be required The factual and analytical basis for this finding is included in the attached Initial Study The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847 NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period January 10, 2007 Date of Determination Adopted By • p~~ • RESOLUTION NO 07-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18033, LOCATED IN THE VERY LOW RESIDENTIAL DISTRICT APPROXIMATELY 285 FEET SOUTH OF BANYAN STREET AND EAST OF EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0225-191-09 AND 17 A Recitals 1 Robert Weinberger filed an application for the approval of Tentative Tract Map SUBTT18033, as described in the title of this Resolution Hereinafter in this Resolution, the subject Development Review request is referred to as "the application " 2 On the 25th day of October 2006, continued to the 8th day of November 2006, and continued to January 10, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date 3 All legal prerequisites prior to the adoption of this Resolution have occurred B Resolution • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth m the Recitals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on October 25, 2006, continued to November 8, 2006, and continued to January 10, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to the vacant property located approximately 285 feet south of Banyan Street and East of East Avenue, with a street frontage of 262 18 feet on East Avenue and lot depth of 1225 85 feet and presently has street improvements, and b The property to the north of the subject site is existing residential and vacant land, the property to the south is developed with an existing residence and Christmas Tree Farm, the property to the east is vacant land, the property to the west is existing residential, and c The application proposes a subdivision creating 13 residential lots, and d The project, together with the recommended conditions of approval, complies with ail development standards for the City of Rancho Cucamonga, and e The application applies to the subdivision of land only, no house product is proposed, and ~~ PLANNING COMMISSION RESOLUTION NO. 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 2 • f The proposed subdivision will have a gross density of 2 dwelling units per acre, which is consistent with the Very Low Residential District 3 Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That the tentative tract is consistent with the General Plan, Development Code, and 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 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 intury to humans and wildlife or their habitat, and e The tentative tract is not likely to cause serious public health problems, and f The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision 4 Based upon the facts and information contained in the proposed Mitigated Negative • Declaration, together with all written and oral reports included for the environmental assessmentfor 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 Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a Pursuant to the California Environmental Quality Act ("CEQA")and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the protect Based on the findings contained m that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the protect would have a significant effect on the environment Based on that determination, a Mitigated Negative Declaration was prepared Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration b The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA, and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the protect will have a significant effect on the environment The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent tudgment and analysis of the Planning Commission Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration c The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the protect that has been prepared pursuant to the requirements of Public ~~ PLANNING COMMISSION RESOLUTION NO. 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 3 • Resources Code Section 21081 6 and finds that such Program is designed to ensure compliance with the mitigation measures during protect implementation The Planning Commission therefore adopts the Mitigation Monitoring Program for the protect d Pursuant to the requirements of California Fish and Game Code Section 711 4 and Title 14 of the California Code of Regulations, Section 753 5, the Planning Commission finds, based on the Initial Study, the Mitigated Negative Declaration, and considering the record as a whole, that there is no evidence before the City that the proposed protect will have the potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends Based on substantial evidence, the Planning Commission hereby makes a declaration rebutting the presumption of adverse effect as set forth in California Department of Fish and Game Regulation 753 5 (Title 14 of the California Code of Regulations Code, Section 753 5 ) e The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750 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 • Engrneenng Department 1) Development of Tract 18033 may be phased, however, the proposed interim basin is not acceptable The developer has the following alternatives for development a) Phased subdivision with Phase 1 being the westerly cul-de-sac Lots 1-7 and Phase 2 being the easterly cul-de-sac Lots 8-13 Drainage of Phase 1 is subtect to review and approval of final drainage report by the City Engineer, options of drainage faalities are i) Provide Q100 storm frequency drainage faality to the East Avenue storm drain, or ii) Provide or obtain drainage easements and install local drainage facilities from development to existing City Master Plan storm drain facilities north of the I-210 Freeway b) Record one final map with Lots 1-13 and no phasing 2) The proposed Phase 1 development is also responsible for the following a) The East Avenue right-of-way line shall be 44 feet from the centerline Process a street vacation for that portion of the protect frontage lying outside of it Q-~~ PLANNING COMMISSION RESOLUTION NO. 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 4 b) East Avenue street improvements to be in accordance with City "Secondary Arterial" standards including Complete the missing improvements on the east side of East Avenue, from the southern tract boundary northerly to loin existing improvements ii) No driveways to East Avenue iii) Provide 9500 Lumen HPSV streetlights iv) Provide R26(s), "No Stopping" signs along frontage v) Protect or replace traffic signal equipment in East Avenue c) "X" Street cul-de-sac to be constructed m accordance with City "Local Street" standards including Offset cul-de-sac shall be constructed per City Standard Drawing No 112 ii) Provide 5800 Lumen HPSV streetlights iii) Because the proposed lots front onto the streets and • residents will park in front of their homes, provide a minimum of 28 feet of pavement, 12-foot of parkway, and a 4-foot graded shoulder for a total of 44 feet dedication If the developer proposes to locate the 4-foot shoulder off-site and written permission from the property owner was provided prior to the Planning Commission meeting, 40 feet of dedication is required d) Provide drainage easements on the north tract boundary for the following purposes Private drainage devices on the upstream side of the private trail (separate from the trail easement) Since there is vacant property to the north, the drainage devices need to be sized for off-site flows as well as trail drainage ii) Public storm lateral from "E" Street to a projection of the future master planned cul-de-sac on the parcel to the north e) Deposit money in lieu of construction for the future public local storm drain (sized Q~oo) along the easterly frontage of "E" Street, Tract 17561, then along the north tract boundary to the natural ravine at the north end of Lot 12 f) The Phase 1 site shall be rough graded to accommodate private trail and related cross-lot drainage facilities A rough Grading p--~ o PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 5 Plan showing all the slopes and retaining walls necessary to accomplish this shall be approved prior to final map approval g) The East Avenue and East Avenue theme wall shall be designed and installed along the tract frontage consistent with Figures 5-28 and 5-28A of the Etiwanda Specific Plan upon development of Lot 1 h) Note on the public improvement plans that private landscaping and irrigation systems shall be installed in the parkway of corner Lot 1 along East Avenue prior to occupancy of said lot i) If necessary, relocate the fire hydrant and street tree for vehicular access to the private local trail on East Avenue The drive approach or curbside drain outlet for the trail V-ditch should intersect East Avenue radial to the centerline curve (perpendicular to curb) The homeowner of Lot 1 shall be responsible for the street trees along their side yard frontage ~) Complete the submitted Water Quality Management Plan (WQMP) per the requirements of the City Engineer including, but not limited to, signing and recording the Memorandum of Agreement • k) Maintenance of Best Management Practices (BMPs) identified in the WQMP shall be addressed in the project Covenants, Conditions, & Restrictions (CC&Rs) 3) Upon development of Phase 2, the following conditions are required for easterly cul-de-sac Lots 8-13 a) The Planning Commission has approved Tentative Tract 17651 which provides access and storm drainage discharge for the subject project in case Tract 17651 is delayed, the developer will be able to process an acquisition agreement for the off-site access and drainage easements, for installation of said improvements, as provided for in one of the Standard Conditions of Approval below b) "E" Street to be improved in accordance with City "Collector Street" standards including i) Complete construction of "E" street along the eastern boundary, minimum additional width of 18 feet ii) Provide 5800 lumen HPSV street lights c) "Y" Street cul-de-sac to be constructed in accordance with City "Local Street" standards including i~-~a PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 6 i) Offset cul-de-sac shall be constructed per City Standard Drawing No 112 ii) Provide 5800 Lumen HPSV streetlights iii) Because the proposed lots front onto the streets and residents will park in front of their homes, provide a minimum of 28 feet of pavement, 12-foot of parkway, and a 4-foot graded shoulder for a total of 44 feet dedication If the developer proposes to locate the 4-foot shoulder off-site and written permission from the property owner was provided prior to the Planning Commission meeting, 40 feet of dedication is required d) Provide drainage easements on the north tract boundary for the following purposes Private drainage devices on the upstream side of the private trail (separate from the trail easement) Since there is vacant property to the north, the drainage devices need to be sized for off-site flows as well as trail drainage .7 ii) Public storm drain lateral from "E" Street to a projection of the future master planned cul-de-sac on the parcel to the • north iii) If the temporary inlet at the north end of Lot 12 is installed on-site, provide an easement m favor of the property owner to the north, allowing them access for reconstruction Design the private trail and private drainage facilities for minimal disruption during said reconstruction e) If Street "X" drains to Street "Y", provide a modified curbside drain outlet, an open channel, and then a curbside drain outlet from one cul-de-sac to the other Provide a public drainage easement for the facilities f) Construct public storm drain lateral (sized for Qtoo) along the north tract boundary, from the "E" Street storm drain to the temporary inlet at the north end of Lot 12 Manhole covers in trail areas shall be non-slip material The developer is not eligible for reimbursement If development to the north develops first and installs storm drain systems outlined herein, then Tract 18033 shall reimburse the developer who installs the storm drain all costs for the storm drain g) If the temporary inlet at the north end of Lot 12 is installed off-site, permission shall be obtained from the property owner • p-~~ PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 7 • h) Tract 17561 will construct a storm drain system in "E" Street, but the location of its inlet has not yet been determined The subject project shall construct the length necessary to connect its storm drain system to that of Tract 17561 If this storm drain is installed by others, then reimbursement of full cost shall be deposited with City for payment to others If development to the north develops first and installs storm drain systems outlined herein, then Tract 18033 shall reimburse the developer who installs the storm drain all costs for the storm drain i) If Tract 17561 increases the capacity of local storm drains to accommodate the subject property, the developer shall pay his fair share of upsizing costs ~) The site shall be rough graded to accommodate the private trail and related cross-lot drainage facilities A rough Grading Plan showing all the slopes and retaining walls necessary to accomplish this shall be approved pnor to final map approval k) Note on the public improvement plans that private landscaping and irrigation systems shall be installed in the parkways of corner Lot 13, along "E" Street, pnor to occupancy of said lot • I) Complete the submitted Water Quality Management Plan (WQMP) per the requirements of the City Engineer including, but not limited to, signing and recording the Memorandum of Agreement m) Maintenance of BMPs identified m the WQMP shall be addressed m the project CC&Rs 4) Should the development record one final map with Lots 1-13 and no phasing, then the previous Engineering Conditions 1, 2, and 3 shall not apply, but the following will govern the subdivision a) The Planning Commission has approved Tentative Tract 17651 which provides access and storm drainage discharge for the subject project In case Tract 17651 is delayed, the developer will be able to process an acquisition agreement for the off-site access and drainage easements as provided for in one of the Standard Conditions of Approval below b) The East Avenue right-of-way line shall be 44 feet from the centerline Process a street vacation for that portion of the project frontage lying outside of it c) East Avenue street improvements to be in accordance with City "Secondary Arterial" standards including ~~~ PLANNING COMMISSION RESOLUTION NO. 07-03 TENTATIVE TRACT MAP SUBTT18033 - ROBERT WEINBERGER January 10, 2007 Page 8 Complete the missing improvements on the east side of East Avenue, from the southern tract boundary northerlyto tom existing improvements ii) No driveways to East Avenue iii) Provide 9500 Lumen HPSV streetlights iv) Provide R26(s), "No Stopping" signs along frontage v) Protect or replace traffic signal equipment on East Avenue d) "E" Street to be improved in accordance with City "Collector Street" standards including Complete construction of "E" street along the eastern boundary, minimum additional width of 18 feet ii) Provide 5800 lumen HPSV street lights e) "X" and "Y" Street cul-de-sacs to be constructed in accordance with City "Local Street" standards including Offset cul-de-sacs shall be constructed per City Standard • Drawing No 112 ii) Provide 5800 Lumen HPSV streetlights iii) Because the proposed lots front onto the streets and residents will park in front of their homes, provide a minimum of 28 feet of pavement, 12-foot of parkway, and a 4-foot graded shoulder for a total of 44 feet dedication If the developer proposes to locate the 4-foot shoulder off-site and written permission from the property owner was provided prior to the Planning Commission meeting, 40 feet of dedication is required f) Provide drainage easements on the north tract boundary for the following purposes Private drainage devices on the upstream side of the pnvate trail (separate from the trail easement) Since there is vacant property to the north, the drainage devices need to be sized for off-site flows as well as trail drainage ii) Public storm drain lateral from "E" Street to a projection of the future master planned cul-de-sac on the parcel to the north ~~~ PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 9 • iii) If the temporary inlet at the north end of Lot 12 is installed on-site, provide an easement in favor of the property owner to the north allowing them access for reconstruction Design the private trail and private drainage facilities for minimal disruption during said reconstruction g) Street "X" shall drain to Street "Y" through a modified curbside drain outlet, an open channel, and then a curbside drain outlet from one cul-de-sac to the other Provide a public drainage easement for the facilities h) Construct public storm drain lateral (sized for Q~oo) along the north tract boundary, from the "E" Street storm drain to the temporary inlet at the north end of Lot 12 Manhole covers in the trail areas shall be non-slip material The developer is not eligible for reimbursement If development to the north develops first and installs storm drain systems outlined herein, then Tract 18033 shall reimburse the developer who installs the storm drain all costs for the storm drain i) If the temporary inlet at the north end of Lot 12 is installed off-site, permission shall be obtained from the property owner • t) Tract 17561 will construct a storm drain system in "E" Street, but the location of its inlet has not yet been determined The subject project shall construct the length necessary to connect its storm drain system to that of Tract 17561 If development to the north develops first and installs storm drain systems outlined herein, then Tract 18033 shall reimburse the developer who installs the storm drain all costs for the storm drain k) If Tract 17561 increases the capacity of local storm drains to accommodate the subject property, the developer shall pay his fair share of upsizing costs Development within Etiwanda/San Sevaine Area 5 is required to install master plan storm drains The storm drain in East Avenue, south of Banyan was constructed by Tract 16116 The proposed development can satisfy its requirement to install Master Plan Storm Drains through the payment of fees m) The site shall be rough graded to accommodate private trail and related cross-lot drainage facilities A rough Grading Plan showing all the slopes and retaining walls necessary to accomplish this shall be approved prior to final map approval n) The East Avenue and East Avenue theme wall shall be designed • and installed along the tract frontage consistentwith Figures 5-28 and 5-28A of the Etiwanda Specific Plan upon development of Lot 1 p~~ PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 10 o) Note on the public improvement plans that private landscaping and irrigation systems shall be installed in the parkways of corner Lots 1 and 13, along East Avenue and "E" Street respectively, prior to occupancy of said lots p) if necessary, relocate the fire hydrant and street tree for vehicular access to the private local trail on East Avenue Drive approach or curbside drain outlet for the trail V-ditch should intersect East Avenue radial to the centerline curve (perpendicular to curb) The homeowner of Lot 1 shall be responsible for the street trees along their side yard frontage q) Complete the submitted Water Quality Management Plan (WQMP) per the requirements of the City Engineer including, but not limited to, signing and recording the Memorandum of Agreement r) Maintenance of BMPs identified in the WQMP shall be addressed in the project CC&Rs Environmental Mitigation • Aesthetics 1) New Eucalyptus windrows shall be planted, a minimum of 480 linear • feet, in 5-gallon size, as required by the Etiwanda Specific Plan 2) The existing Eucalyptus windrows and other trees shall be removed and replaced with 5-gallon Eucalyptus Maculata "spotted gum," spaced 8 feet on center Air Quality 1) All construction equipment 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 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 District (SCAQMD) as well as City Planning Staff • p-~7 PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 11 • 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 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 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 e , wmd 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 Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM,o) 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 96 hours or more to reduce PM~o 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 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters ~`~ PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 12 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-strapping Bvolog-cal 1) If the site is developed more than 2 years after the date of the original biological surveys, new focused surveys for the California Coastal gnatcatcher, San Bernardino kangaroo rat, and the Los Angeles pocket mouse shall be performed prior to issuance of any clearing and grubbing, grading, or building permits 2) To mitigate the loss of Riversidian Alluvial Fan Sage Scrub habitat, the developer shall purchase and preserve off-site lands of equivalent habitat to provide substitute resources at a ratio of 1 1 equaling 7 acre Mitigation may involve the financial contribution towards purchase of land within San Bernardino County 3) The developer shall collect seeds of the Plummer's mariposa lily and/or transplant bulbs under the direction of a qualified restoration ecologist • 4) Construction limits shall be fenced with temporary chain link fencing praor to any site clearing and grubbing or any other disturbance and prior to issuance of any grading or building permits to protect preserved • areas 5) Vegetation clearing and tree removal activities shall be conducted during the non-breeding season (September 1 through February 14) to limit impacts to nesting birds 6) The developer shall hire a biologist to monitor vegetation clearing and initial grading to minimize potential effects to common wildlife species and California Special Concern Species 7) In the event that vegetation clearing or tree removal is necessary during the bird breeding season (February 15 through August 31), the developer shall hire a qualified biologist to conduct a preconstruction survey to identify the locations of nests within the areas affected by clearing If the biologist finds an active nest within or adjacent to these areas, then the biologist shall delineate an appropriate buffer zone around the nest, marked by flagging or fencing, and construction or clearing shall not be conducted within this bufferzone until the biologist determines that the nest is no longer active 8) Any equipment operated within or adjacent to drainage shall be checked and maintained daily to prevent leaks of materials that, if introduced to water, could be detrimental to plant and wildlife species Cement/concrete, asphalt, paint, petroleum products, or other substances that could be hazardous, resulting from protect-related . activities, shall be prevented from entering the soil or waters Any of these materials placed in an area that may result in the material ,~~~ PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 13 • entering the drainage shall be removed and disposed of at an appropriate site 9) Prior to completion of the project construction activities each day, the developer shall remove all trash and debris to avoid attracting wildlife 10) New Eucalyptus windrows shall be planted, a minimum of 480 linear feet, in 5-gallon size, as required by the Etiwanda Specific Plan 11) Existing Eucalyptus windrows and other trees shall be removed and replaced with 5-gallon Eucalyptus Maculata "spotted gum," spaced 8 feet on center 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 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 CEQA 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 2) If any paleontological resource (i a plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study 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 ~V PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 14 • 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 • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i a ,San Bernardino County Museum) • Submit summary report to City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, m accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 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 mph 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 Hazards and Waste Materials 1) The project shall be developed in accordance with all fuel modification mitigation measures identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, Inc and any subsequent fire protection studies as may be required by the Rancho Cucamonga Fire Protection District 2) The project shall be developed in accordance with all landscape and irrigation mitigation measures identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, Inc and any subsequent fire protection studies as may be required by the Rancho Cucamonga Fire Protection District p=~0 PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 15 • 3) The protect shall be developed in accordance with all High Fire Hazard area, San Bernardino County FS-3 overlay, structure special fire protection features identified in the June 6, 2006, Preliminary Fire Protection Plan prepared by Firewise 2000, Inc and any subsequent fire protection studies as may be required by the Rancho Cucamonga Fire Protection District Hydrology and Water Quality Construction Activities 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical 2) An Erosion Control Plan shall be prepared, included in Grading Plan, and implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a • minimum a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this protect will be corrected through a remediation or restoration program within a specified time frame 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site Post- Construction Operational 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Ron Martin & Associates, Inc to reduce pollutants after construction entering the storm drain system to the maximum extent practical 6) Landscaping Plans shall include provisions for controlling and • minimizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including monitoring provisions for a minimum of two years, shall be '()?~ PLANNING COMMISSION RESOLUTION N0. 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 16 • submitted to the City for review and approval prior to the issuance of Grading Permits 7) Prior to issuance of Building Permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (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 Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 8) Prior to issuance of Grading or Paving Permits, applicant shall obtain 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 Building Official for coverage under the NPDES General Construction Permit Noise Exterior • 1) The applicant shall provide a 3-foot high sound wall for Lot 13 facing East Avenue The sound barrier's weight shall be at least 3-1 /2 pounds per square foot of face area and have no decorative cutouts or line-of-site openings between shielded area and the roadway Interior 2) The applicant shall provide a windows closed condition for homes on Lot 13 facing East Avenue A windows closed condition requires a means of mechanical ventilation per the Uniform Building Code Standards This shall be achieved with standard air conditioning or fresh air intake system 3) The applicant shall ensure that all air intake ducts on Lot 13 will be oriented away from Banyan Street and shall incorporate at least 6 feet of flexible fiberglass ducting and at least one 90 degree bend There shall be no other openings (mail slots, vents, etc) in the exterior walls 4) The applicant shall provide exterior walls with a minimum Sound Transmission Class (STC) rating of 46 Typical walls with this rating will have 2-inch by 4-inch studs or greater, 16 inches on center with • R-13 insulation, a minimum 7/8-inch exterior surface of cement plaster and a minimum interior surface of 1/2-inch gypsum board ~~ PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 17 • 5) The applicant shall provide window and door assemblies used throughout the project that are free of cut outs and openings, well fitted and well weather-stepped 6) 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 7) Construction or grading noise levels shall not exceed the standards specified 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 specified in Development Code Section 17 02 120 Monitoring at other times may be required by the Building Official Said consultant shall report their findings to the Building Official within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official 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 8) The perimeter block wall shall be constructed as early as possible m first phase • 9) 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 APPROVED AND ADOPTED THIS 10TH DAY OF JANUARY 2007 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Pam Stewart, Chairman ATTEST James R Troyer, AICP, Secretary p ~`~ PLANNING COMMISSION RESOLUTION NO 07-03 TENTATIVE TRACT MAP SUBTT18033 -ROBERT WEINBERGER January 10, 2007 Page 18 I, James R Troyer, AICP, 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 10th day of January 2007, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • ~~~~ • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No Tentative Tract Map SUBTT18033 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1 Conditions of approval that act as 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 project 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported • 3 The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the project The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 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 project file with the department having the original authority for processing the project Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Department 10500 Civic Center Dnve Rancho Cucamonga, CA 91730 ®~~ MITIGATION MONITORING PROGRAM SUBTT18033 - WEINBERGER Page 2 3 Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner 4 The 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 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 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 require monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Department The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time 9 In those instances requiring long-term 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 Planning Director prior to the issuance of building permits • Q ~~ • ~"" a J _H Z ._. _~ J Y W U _Z O H Z 0 ~ ~ ~ O 0 ~ N r i N ~, .~ o ~ ~ ~, v d v ~ a ~? 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O~ w c O ~ C ~~ O ~ ~ ~ p N Q 0 p ~ _ N O O a7 ~ C ~ O ~ ~ _ ~ ~ O "-' O C C ~ ~ ~ ~ -~ ~ ~ a (~ E O E ~ "'p Y ~ p ~ E O +--~ Q CJ -a C ~ ~ C cSf O '~ C ~ C _ C ~ O_ ~ ~ U ~ ~ N ~ ~ ~ O ~ cII E "' ~ Y O ~ U ~ ~ ~ L N ~ - fl- Ln ~ ~ U U ~ ~ ~ O N Q ~ t0 -O fn cn N C U U ~ c0 N L ~ ` ~ O Q ~ -p cn C C L O ~ ~ ~ O~ O N m ~~ ~ O + - ~ . ~ ~ N N - O N C - (Tf C~ O_ U '"' ~ ~ U N C ~ ~ ~ j LLJ Q ~ ~ ~ cQn O ~ ~ i p> L O ~ N ~ ~ ~ ~ ~$ CO c ~ C ~ C O O p p c~ _ f0 ~p O ~ O~~ ~ t_n O -p O C C O _ __ cT3 O U '~- U L Q C cn 0 0~ U N L v~ L -O O C "- b L O (~ v> O L ~ c0 C N "~ Q O U X >, _ ~ E ~ m O ~ ~ ~ ~ co O ~ ~ ~ ~ O U O ~ "~ Q ` O O O O U - C U O ~ ~ ~ i O CI ~ ~, O ~ N L~ C_ N U X L O~~ a ~ ~~ C Q~ C E O S ~ ~= U S N '_~ j~~ C E O i ~ ~ _ >~ i cLf - N E - O ~ U (~ ~ ~ C -~ Q ~ ~ O U CS ~ N~ - U O ~~ ~ ~ ~ C L C - ~ C ~ C C C N "O ~ O ~ E "~' ~ Cn O L Q U L O N Q T W _7 -p C N O~ O c6 0 0) C C U~ ~ +L- p 7~ to ~ 7 N~ U ~ p~ ~ O 2 d ~ ~ ~ cn U ~ Q ~ a ~ ~ ~ ~ o ~ Q ~ a> U ~ ~ m ~ ~ ~ v i0 Q H ~ ~ c~ E • T O• • ~~ • . . ~ ~ N N N f 'a a a N a o 0 Q ~ ~ W U • Q Q 0 U • U U m m m m U . . ' m ' ~ U W U U ° ~ ~°~ o ~ c ~~°~Lo° ~° ' '3~ror ~~~°~ v ia i D..N cn ° ~ o o~ o c a _~ caoo~ ~ N"-~ 3 C ~C E oa- ~.c ~ o~ ~ -°~ c`o ~~ > ~ ~ ~ p O O ~ j~ V a .~ ~ O U c cn >, Q O C C V O O~ --~ c~ ~ W O- O C~~~~ -O ~ C c ~ ctf O p O' p 0 fl- ~ ~ ~ ~ O ~ ~ J ~ ~ ~ .~' ~ cII ~ ~ ~ Q - m Z ~ ~ ~ ~ O ~ z ~ ~ t `- ~ O N . ~ _N ~ -~ p _O ~ ~ ~ ~ ~ ~ O C C C O O p ~ C ~ O ~ Q " E ~ ~ ~ O > C Z p ~ ~ c0 O Z O p ' ` ~ ~ ~_O "' L O N "O ~ C ~ C C ~ _ d ~ d ~ O (~ (~ C~ ' > Q "_' N ~ U > C ~ -O p C _ C ~ J ~ p O ~ t ~ ~ ~ Q ~ U ~ p O ~ ~ ~ ~ ~ O ~ j c~ ~ ~ C N °~-~ c~ o .c a° c a~ E i-- Ec~ N ~° m `- >~~ c o cot- Q,~ °' _ ~ C ~ C O E c~ ~ _O C ~ N ~ ~ p ~ ~ f ~ O 0 ~ ~ ~ ~ W W "' co m O O ~ N N O 'O r U .~ ~ c~ O) L O cn ~ ~ ca ~ y _ a p 0 U ~ ~ ~ ~ N ~ L cCS c~ N "O >' p N Z O -O ~ N > ~ ~ ~ "~ a ~ ~ O C ~ " > ~ C C C ~ O ~ '~ ~ ~ O > > C Cd ctl ~ O c0 O O p ~ > ~ ~ > to O ~ ~ ~ ~ a p ~ o (Q 'D O - U O ` ~ O co W O ~ ~ C C i ~ ~ p c ~ .-. m U O ~ ... C ~ ~ Q Q c~ c ~ ~ p U j, ~~~ C N C Q >, _ n O "= O~ "_' N C O p ~ ~ ~ N ~ ~ U O U~ O ,,., 7 •~ ~ ~ in j C ~ c0 c~ p p iA 'O C ~ ~ " C ~ p c0 O ~ OC ~ ~ c ~ - ~ LJJ ~ ~ _ Z c[f ~ ° ° u~ W O ~ ~ °~ ~ ° ° ~~ Q~Q°~ ° o~ ~~ a~ ~ ~ U U ~... ~ ° mL m ° c cv c i~ ~ cU v ° ~vo` g ~ ~ c ~~ ~ ~ ~ ~ c~~ ~ ° ~ o ° o ' ~ ~ ~ ~ v"i o ° o ~' ° `~ ~ N ~ ~c ~~ ~ o ° ° ~ ~ ~i i ~ ~ ~ a ° cca~ ° c~ C ~ U ° L C f ~ ~ ~ ~ a ~ r ~ C ~ ~ U ~ C C w=. ~ fn O C>~ ~ U i ~ ~ ~ C d U> C ~~ ~ = n O n -~ p Q~ U C p O C- C ~ ~ C O i p 0 J UO ~ ~ N ~ E ~ Q _ U > W ~ ~ ~ 'O > E ~ ~ l d co ~ ~ U W O ~ CO U Z ~ J .fl ~ O T O rn X (n ~ ~ ~ M r ~ ~ ~ U U U U Q c 0 U ~ i C ~ U U U U ~° U U U U U ' a ~ ~ O U U U U m o ~ ~ ~ o U "O a ~ o>o o carp ~T p p ~~ ~ N co .-- O C ~ ~ L ~ ~ J ~ C to U N ~ O ~ X V C ~ ~ ~ N (U ~ 0 ~ ~ ~ E .~ >, ~, O ~ O O ~ O ~ O U ~ O ~ ~ C ~ - ~ U c~ N cts ~ ~ C 6 ~ >, L ~ ~ N ~ " A ~ ~ SZY ' a> +J +r mQ E~~ N ~ m a ~~ lA 7 ~ ~ ~~ ~ ~' ~' ~ O ~ ~ a ~ ~ ~ ~ ~° o Y ~ °' a~ c ~ ~j c r o p o o ~- m o m m o 0 U O ~ L ~ CV O O O cl O v7 c0 to _C Q _U O ~ N Q Q O c~ - ~ s ~ ~ X O ~ .-~ E O O in ~~~ ct c0 W~ O C cSf L O U O O U = O p p ~ ~ ~ W cts C0 ~ its ~ .«- ~ N _ N C ~ ~ C ~ ~ c~ ~ ~ ~ C cTS ~ ~ O ~ O ~ ~ ~ ~ L 0\0 C ~ ~ ~ - (D ~ ~ ~ ~ p .r ~ >. ~ ~ p ~ ~ ~ O ~ ~ ~ O ~ ~ ~ ~ O p ~ O ~ ~ O -O ~ C ~ CD ~ _ _a C ~ ~ ~ ~ ~ Q cts O _~ -~ O O cn --O in ~ ~ - c ~ ~ I- -~ ~ cts ~ ~ O ~ ~ ~ O ~ ctS O ~ N O .~ ~ cn ~ ~ ~ o_ co ~ ` ~ N J C ~ Q O a7 ~ ~ ~ ~ ~ ~ O C cn ~ ~ ~ O - ~ N O ~ ~ ~ ~ ~ C O (~ V O ~ ~ ~ O C O V O O ~ C c~ ct3 p ~ U ~ ~ ~ c0 ~ O (0 ~ ~ ~ ~ O ~ (/) p - Q N U O~` - O N ~ ~ N Q Q p~ Q~ ~ C ? O~ _ CJ ~L 0 Q E _O its ~ ttS cn O Q O_ - O O - co ~ O~ O O C U O_ ~~ O cts i ~ O _ ~ Q ~ ~ O~ H ~ U cn ~ O C - cif t~ ~ ~ 7 O ~ N to c~~ ~ > ~ O -a O ~ p ~~ O c a N O O O O f- ~ F- ~ ctS O ~ ~ F- E f- to ~ v I- ~ O U ~ ~ C • T O• O T • ~r~~ • ~ Q ~ ~ - Q Q Q c g ~ o ~ 0 ~ U ~ ~ U m i U ~ ~ C ~ C C ~ ~ ~ C C C i C O Q ~ Q ~ U U U • ~ O m ~ \ CD ' U ~ O L ~ C ~ C N > ~ > N ~ i O ~ (II C ~ N ~ ~ ~ _ ~ ~ O ~ O~ O C ~ ~ >, O ~ O y O Y >, ~ ~ O m (~ .~. ~ O O c ~ ~ ~ "d ~ ~ "O ~ ~ ~ ~ O O N O > co ~ c~ -O N~ ~ ~~ O O y- O ~ C O U O O^ L ~ ~- ~ O~~ L ~ ~ N C Cn 7 0 0 0 X~ cn -O ~ O O_ Q C O Cn O O E U~ ~ ~ ~O ~ U ~ X ~ ~ ~ . . !~ N ~ C~ O U co O >~ U O O L - O ~ X N !n ~ ~ Q .-~ ~ ~ ~ ~ O ~ N O U C O Q E > L C~ »r ~ N CO O N Q- C ~ ~ ~ '" ago 7Q OO> UQ ~ ~ ~ ~ N O ~~ ~ ~ ~ C E - ~ N ('~>, - _c o ~ p c0 ~'~ ~ ~ O ` ~ O ~ N ~ ~ ~ C ~ N ~ O ~ ~ ~ ~ _ - ~ +-- ~ O ~ ~ ~ ~ ~ C C ~~~ fn C U -~ fif C ro 0 0 C »-. L L m a~ ~~ oo a~~.~'~ ~ o ~ ~ o ~ a~ QroQ m ~ ~ ~ ~ ~ _ _ m O i~ 7 O Q c~ O -O '-' ~ .-- ~ ~. O ~ 'C7 ~ 7 0 C L C (SS ~ ~ cn O ~ j CJ ~ p O ~ry C cn ~ O ~ -O T Q O N ~ O ~ ~ 'D ~ ~ -O ~ ~ O to L O ~ Y _ O ~ ~ ~ U C N _ C i ~ m _ ~ ~ N ~ _ C N ~ O ~ C O ~ ~ 'O C ~ C ~ ~ ~ ~ O c~ (~ O O O N~ O~ N ~f c~ N d C O_ N ~ ` _~ ~ N N O U c ~~ ~ p 0~ U ~ r "O C U .~ (~ L tn~-+ V) C V) . cn F- O v _ L ~ C L c~ O_ U ~ c!J ~~ o- ro E >, ~ U ~ ro (6 ~ Q _C C 7 ~ 'D U O 7 ~ N C m O ~ O O N m ro 'O ~ U ~ O N a ~ X O O ~ ~ C7 67 U s °- ~ N a -o a o a~ ^ U O L L L ~ C_ Y ~ > ~ > ~ ~ ~ O N Ch V tf~ (D C ro a m a y ro U o ~ a ~ O a Q a O ~ a i ~ V c E as w O O "' L U ~ E O U A U .O 7 ~ r°n' ~ ~ cn w- O C ~ O N ro ¢ U ro O w °' c a O L O ~ cn ~ Q C0 U ~ C N A O. C (~ O O C _ O C U O ~ O ` a ~ ` C ~ ~' ~ a i z in = ~j o ~ L ~ ~ 0 a ~ C ~ O L E E O W ~ ~ o _ ro *. L `o ° U m G ~ a` ~ O o ~ Q ~] U ~ W N N C m U a `o O U a~ ~ ~ ro ro c ai E ~ c °' m a c m ~ ~ ro 0 m ~ N > m a o m ~ O ro p ~ ° `o ~ ° m -° d T ~ ~ m _O c 7 m c m c_ O a ro _ro .O E ~ m m U °-' Ul E d w c " U O O O U >' ~ O 5 U 0 °' Q. ~ U U m d u= O o d w 0 0 0 ~ U U U o7 d. w N O f0 O Q N Y V d L U O ^~ W Y T T O T ,` a,~ \ ~ r , x, ., COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT # SUBTT18033 SUBJECT TRACT MAP FOR 13 HOMES APPLICANT ROBERT WEINBERGER LOCATION SOUTH OF BANYAN STREET, EAST OF EAST AVENUE - APN 0225-191-09 AND 17 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS General Requirements Completion Date 1 The appllcant 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 actlon 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 appllcant of his obligations under this condition B. Time Limits 1 This tentative tract map shall expire, unless extended by the Planning Commission, unless a _/_/_ complete final map Is filed with the Clty 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 Department, the conditions contained herein, Development Code regulations 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 Planning Director ~SC-1-05 I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std CondQQ11 8 doc U~ Project No SUBTT18033 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, building, 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, ail _/_/_ other applicable Clty Ordinances, and applicable Community or Specific Plans In effect at the time of bullding permit issuance 5 A detailed plan Indicating trail widths, maximum slopes, physical conditions, Penang, and weed _/_/_ control, in accordance with City Master Trail drawings, shall be submitted for Planning Director 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 conjunction with street improvements a Local Feeder Trails (I e ,private 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 required 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 minimum 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 fencing 6 The Covenants, Conditions, and Restrictions (CC&Rs) shall not prohibit the keeping the equine _/_/_ animals where zoning requirements 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 7 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/_ Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the Clty 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 Clty Engineer The Homeowners' Association shall submit to the Planning Department 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 8 All parkways, open areas, and landscaping shall be permanently maintained by the property _/_/_ owner, homeowners' association, or other means acceptable to the Clty Proof of this landscape maintenance shall be submitted for Planning Director and Clty Engineer review and approved prior to the Issuance of bullding permits 9 Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling _/_/_ unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system The easements may be contained In a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first The easements shall prohibit the casting of shadows by vegetation, structures, fixtures, or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17 08 060-G-2 I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std Co(n~d 1~,1g-8~oc {--'.' ` Proje ct No SUBTT18033 Completion Date 10 Six-foot decorative block walls shall be constructed along the project perimeter If a double wall _/_/_ condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall Developer shall notify, by mall, all contiguous property • owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter 11 On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk The / / 5-foot wall/fence 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 Planning Director 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 Planning Director, prior to accepting a cash deposit on any property D. Parking and Vehicular Access (indicate details on building plans) 1 Multiple car garage driveways shall be tapered down to a standard two-car width at street / / 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 Planning Director review and approval prior to the Issuance of building 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 required by this section shall include a permanent irrigation system to be t ll d b • Ins a e y the developer prior to occupancy 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 required 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 Individual unit is sold and occupied by the buyer Prior to releasing occupancy for those units, an Inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition 5 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included In _/_/ the required landscape plans and shall be subject to Planning Director review and approval and _ coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department 6 All walls shall be provided with decorative treatment If located In public maintenance areas, the _/ / design shall be coordinated with the Engineering Department _ _ r~ U 3 I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std Cond ~ 1-8 doc D~~ Protect No SUBTT18033 Completion Date F. 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 Slgn Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs G. Environmental 1 Noise levels shall be monitored after construction to verify the adequacy of the mitigation _/_/_ measures Noise levels shall be monitored by actual noise level readings taken on-and off-site A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA 2 A final acoustical report shall be submitted for Planning Director 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 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 3 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 & Safety Department prior to final occupancy release of the affected homes 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 required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of $538 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of ail 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 5 In those instances requiring long term monitoring (i e) beyond final certificate of occupancy), the _/_/_ applicant shall provide a written monitoring and reporting program to the Planning Director prior to issuance of building permits Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented H. 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 Planning Director review and approval prior to the issuance of building permits • 4 I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std Cond 11-8 doc ~~~ Protect No SUBTT18033 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, • FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS NOTE ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) I. General Requirements 1 Submit five complete sets of plans including the following / / a Site/Plot Plan, b Foundation Plan, c Floor Plan, d Celling 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 Ilne 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 Department Project Number (i e , SUBTT18033) 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 required 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 required for fencing and/or walls / / 5 Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can _/_/ contact the Building and Safety Department staff for information and submittal requirements _ J. Site Development 1 Plans shall be submitted for plan check and approved prior to construction All plans shall be _/ / marked with the project file number (i e , SUBTT18033) 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 Department for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new residential protect or mayor 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 Building and Safety Department prior to permit issuance 3 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 _ • I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Stdnd 11-8 doc Protect No SUBTT18033 Completion Date K. New Structures 1 Provide compliance with the California Building Code (CBC) for property Ilne clearances _/_/~ considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations _/_/_ 3 Roofing material shall be installed per the manufacturer's "high wind" instructions _/_/_ L. 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 plan, appropriate certifications and compaction reports shall be completed, _/_/_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits 5 A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLI ANCE WITH THE FOLLOWING CONDITIONS• M. Dedication and Vehicular Access 1 Rights-of-way and easements shall be dedicated to the City for all interior public streets, _/_/_ community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc) shall be reserved as shown on the plans and/or tentative map 2 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from _/_/_ street centerline) 44 total feet on East Avenue _/_/_ 27 total feet on "E" Street _/_/_ 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 Easements for public sidewaiksand/or street trees placed outside the public right-of-way shall be _/_/_ dedicated to the City • 6 I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std Cond 11n8 doc ~"~'[ Protect No SUBTT18033 Completion Date 7 The developer shall make a good faith effort to acquire the required off-site property Interests necessary to construct the required public Improvements, and if he/she should fall 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 acquire the off-site property Interests required In connection with the subdivision Security for a portion of these costs shall be In the form of a cash deposit In the amount given in an appraisal report obtained by the City, at developer's cost The appraiser shall have been approved by the Clty prior to commencement of the appraisal This condition applies in particular, but not limited to access for "Y" Street to Banyan Street and local storm drainage facilities connecting to the Victoria Basin Master Plan System N 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 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 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 condltlons of approval of development 3 Construct the following perimeter street Improvements Including, but not limited to Street Name Curb & Gutter A C Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other East Avenue X X X X X (f) (e) "E" Street X X X X X (e) "X" and "Y" Streets X X X X X (g) (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 construction fee shall be provided for this Item (e) curbside drain outlet, (f) bike lane, (g) street trees on the north side only, and (h) A C curb on south edge 4 Improvement Plans and Construction 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 Clty 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 7 I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std Cond 1 ~~ -/-/. -/-/- -/-/- -/_/. -/_/. _/_/. Project No SUBTT18033 Completion Date 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 mayor 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 e Handicapped access ramps shall be installed on all corners of intersections per City _1_/_ Standards or as directed by the City Engineer f Existing City roads requiring construction shall remain open to traffic at all times with _/_/_ adequate detours during construction Street or lane closure permits are required A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be _/_/_ installed to City Standards, except for single family residential lots h Street names shall be approved by the Planning Director prior to submittal for first 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 • 8 I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std Cond 11 8 doc ~~ Project No SUBTT18033 Completion Date 6 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 Min Grow Street Name Botanical Name Common Name Space Spacing Size Qty Foreground Tree Eucalyptus Red Gum 8' 30' 5 Gai camaldulensis O C Specific plan dictates species despite parkway width Backgound tree in Genera parviflora Austrialian Williow 5' 20' O C 15 Gal larger planters Provide Street Select appropriate tree from the approved street tree list for Rancho Cucamonga Name List each street as a separate line item within this legend Construction Notes for Street Trees 1) Ail 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 require backfill soil amendments, as determined by the City inspector 3) All street trees are subfect to inspection and acceptance by the Engineering Department 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 project intersections, including driveways Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required O. Public Maintenance Areas 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 building permits whichever occurs first Formation costs shall be borne by the developer P 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 building permits, whichever occurs first All drainage facilities shall be installed as required by the City Engineer 2 Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas 3 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 4 Public storm drain easements shall be graded to convey overflows in the event of a blockage in a sump catch basin on the public street, and provisions made to pass through walls -/-/- -/-/- -/-/. -/-/- -/-/- -/-/- -/-/- I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std Cond 11-8 doc ~~ 0~ Project No SUBTT18033 Completion Date Q. 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 Utlllty Standards Easements shall be provided as required 2 The developer shall be responsible for the relocation of existing utilities as necessary _/_/_ 3 Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CVW 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 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 R. 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 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 3 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 Department when the first building permit application is submitted to Building and Safety Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS SEE ATTACHED 10 I \PLANNING\FINAL\PLNGCOMM\2006 Res & Stf Rpt\SUBTT18033Std Con ~ ~c ~o~o~. - Rancho Cucamonga Fire Protection r District Fire Construction Services STANDARD CONDITIONS August 10, 2006 Robert Weinberger Tract #18033 (13) SFR lots SUBTT18033 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The Fire protection plans must be formally submitted FSC-1 Public and Private Water Supply 1 Design guidelines for Fire Hydrants The following provides design guidelines for the • spaang and location of fire hydrants a For single-family residential projects 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-feet b Fire hydrants are to be located The preferred locations for fire hydrants are 2 At the entrance(s) to a commercial, industrial or residential project from the public roadways 3 At intersections 4 On the right side of the street, whenever practical and possible 5 As required by the Fire Safety Division to meet operational needs of the Fire District 6 A minimum of forty-feet (40') from any building a 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 exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided • b Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof ®~ 9 FSC-2 Fire Flow The required fire flow for this protect will be calculated in gallons per minute at a • minimum residual pressure of 20-pounds per square inch This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances For structures in excess of 3,600 square feet use CFC Table A-III-A-1 2 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 adjacent property shall not be used to provide required fire flow 3 Fire service plans are required for all projects that must extend the existing water supply to or onto the site Budding permits will not be issued until fire service plans are approved 4 On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project 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 Buildings constructed in the designed Hazardous Fire Areas which include 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 volume or pressure 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 9-7 Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1 The following design requirements apply a All automatic gates shall be provided with a Fire District approved, compatible traffic pre-emption device The devices shall be digital Analog devices are not acceptable Devices shall be installed in accordance with the manufacturer's instructions and specifications • ~~®® b Vehicle access gates shall be provided with an approved Fire District Knox Key Switch c The key switch shall be located outside and immediately adjacent to the gate for use in the event that the traffic pre-emption device fails to operate d A traffic loop device must be installed to allow exiting from the complex e The gate shall remain in the open position for not less than 20-minutes and shall automatically reset 2 Fire Lane Identification Red curbing and/or signage shall identify the fire lanes A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval 3 Approved Fire Department Access Any approved mitigation measures must be clearly noted on the site plan A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review FSC-7 Hazardous Fire Area This project is located within the "State Responsibility Area" (SRA), the "Very High Fire Hazard Severity Zone" (VHFHSZ), City of Rancho Cucamonga "Hillside District", and/or within the area identified on the Rancho Cucamonga General Plan, Exhibit V-7 as High Probability-High Consequence for Fire Risk These locations have been determined to be within the "Hazardous • Fire Area" as defined by the Fire District The Hazardous Fire Area is based on maps produced by the California Department of Forestry and Fire Protection and the City of Rancho Cucamonga Hazard Reduction Plans The applicant shall prepare the architectural plans for the construction of the buildings in accordance with the County of San Bernardino's Development Code as amended by RCFPD Ordinance 39, Appendix II-A Fire Area FS-3 requirements apply to the construction of the buildings based on the slope of the terrain and/or mitigation of the fuel modification plans The development code provides standards regulating and requiring a Fire resistive roof assemblies b Fuel Modification and hazard reduction plans c Fire District access roadways d Fire resistive construction and protection of openings e Fire sprinkler systems Fire flow criteria For construction requirements in the "Hazard Fire Area" refer to the following web site • http //www co san-bernardino ca us/landuseservices/DevCode (Chapter 2 Hazard Protection, Article 2 Fire Safety (FS) Overlay District) for an Adobe copy Also reference RCFPD Ordinance 39, Appendix II-A 3 ~.® Comply with the following guidelines regarding submission of the Fuel Modification plan • Fuel Modification Plans Submit four (4) sets of plans (1) RCFPD, (1) Job Set, (1) Architectural Plans, (1) Recorded set Approved plan and documentation must be recorded with San Bernardino County prior to release of occupancy Proof of the recording must be provided to FCS Submittal Requirements 1 Site plan (blueprint size) providing details of the zone areas (i e ,Zone "A" -set back 0' - 30', Zone "B" -irrigation 30' - 80', etc ) 2 Text Document (8-1/2" x 11 ") to include details of how the fuel modification requirements will be met This text document will also include the following a Successor clause -statement indicating that any subsequent homeowner must comply with the conditions of the fuel modification plan b Substitution clause -statement to read "Substitution or replacement of approved plants, with plants from the approved list, may occur without a resubmission, if the plants are similar and meet the same criteria " c Statement indicating that any mafor change to the plans (i e , substitution of more • than 50% of the approved plants, theme change and/or method change) will require a new submittal to the Fire District for review and approval d Any reference to an approved guideline (i e , LA County, SB County Overlay Districts FR-1, FR-2 or FS-3, Orange County) requires those portions of the guidelines referenced to be included in your document e Minimum 100' of fuel modification distance is required and shall include off-site property within the 100 feet distance The off-site portion of the plan will be considered "thinning/modification" A letter from the adjacent property owner must be included in the document OR a notarized letter providing a detailed "diligent" effort to contact the adjacent property owner 3 Mitigations to the fuel modification plan include a Installation of automatic fire sprinklers, or b Installation of block walls, or c Use of rated construction materials At the discretion of the Fire District, fuel modification plans may be required to validate the design assumptions by providing acomputer-generator model (BEHAVE) of the plan • 4 -"'~®~ • NOTE Fuel Modification Plans must be submitted to Fire Construction Services for review and approval prior to the submittal of architectural drawings In-fill single-family dwelling protects 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 100-feet defensible space for slopes less than 15% and a larger defensible space may be required for slopes of 15% or more The proposed and/or existing vegetation must be shown FR-1 construction requirements must be met The architect must implement FR-1 Area construction requirements into the design of the home 2 Mobile, stationary or portable power-operated equipment in the Hazardous Fire Area shall not be used without the Fire Safety Division's written approval Specific fire protection measures that may be required to mitigate the hazard include, but are not limited to a A stand-by water tender, equipped with a pump, fire hose and nozzle b Pre-wetting of the site to avoid the production of sparks between blades or tracks and rocks c Conducting a fire watch for a minimum of one-hour following the cessation of operations each day • • d For welding, cutting or grinding work, clear away all combustible material from the area around such operation for a minimum distance of 10-feet A "hot-work" permit must be obtained from Fire Construction Services prior to cutting, welding or grinding work 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 extinguisher fully equipped and ready for use at the immediate area during the operation FSC-8 Chronological summary of RCFPD Hazardous Fire Area requirements Prior to the issuance of a rough 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 wildfire hazard mitigation planning Prior to the issuance of a building permit, the developer shall have submitted and obtain approval of a final fuel modification plan Further, the builder shall have completed 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 an on-site inspection Prior to the issuance of any Certificate of Occupancy, the remainder of the fuel modification/hazard reduction plan requirements shall be installed, inspected and accepted by the Fire District staff Schedule the inspection with Fire Construction Services at 909-477-2713 5 ~-~ u~ FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits Private Water Supply (Fire) Systems 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 Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4 The Building & Safety Division and Fire Construction Services will perform plan checks and inspections 2 All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped 3 Public Water Supply (Domestic/Fire) Systems 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 CCWD On the plan, show all existing fire hydrants within a 600-foot radius of the project All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials 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 is dropped 4 5 6 7 Fuel Modification Plans Please refer to RCFPD Summary of Fire Hazardous Area requirements 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 Fire Flow A current 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 Easements and Reciprocal Agreements All easements and agreements must be recorded with the County of San Bernardino • • • 6 p-~o~ PRIOR TO THE RELEASE OF TEMPORARY POWER • The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures" PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following 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 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 verifying the fire flow available The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code 3 Fire Sprinkler System Prior to the issuance of a Certificate of Occupancy, the 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 equipment is placed in 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 in accordance with RCFPD Standards #9-1 or #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 parking, 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 granting of occupancy, 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 7 -~~~ be visible from the street When building setback from the public roadway exceeds 100- feet, additional 4-inch numbers shall be displayed at the property entry • 10 Fuel Modification Please refer to RCFPD Summary of Fire Hazardous Area requirements 11 Hazardous Materials Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing 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 Materials/Emergency Response and Enforcement Division The applicant must also obtain inspection and acceptance by Fire Construction Services 12 Confidential Business Occupancy Information The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form This form provides contact information for Fire District use in the event of an emergency at the subject building or property This form must be presented to the Fire Construction Services Inspector 13 Mapping Site Plan Prior to the issuance of a Certificate of Occupancy, a 8 '/2" x 11 " or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard The site plan must be reviewed and accepted by the Fire Inspector • • 8 ~~rV~ Jan 09 07 06:O1p Robert Weinberger 9496444964 p.i January 9, 2007 To Loins LeBlanc Planning Department Rancho Cucamonga, California From Robert Weinberger Re Continuance for SUBTT 18033 Planning Commission Meeting Tlvs letter authorizes Louis LeBlanc to request a contuiuance on my protect, SUBTT 18033, that was to be presented at the January 10, 2007 Plamm~g Commission meeting I need additional tune to study and review the new conditions that were presented to me on January 4 and January 5, 2007 by the Crty Engineering Department I would hke this to be continued to a date in the near future Sincerely, C~~,~ Robert Weinberger z+~ D 5k work Ed[ ykw ysert Fermat Idols Table y~ndow Help WordASSSt r - x -f J .e'~ -.1 ge~+.~' ~ E'~ -% +~ u~., a ./ *""f' .} .J ~ °ea -Jr L~~I50% rr Bead i 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Planning Commissioners From. Lois Schrader, Planning Commission Secretary Sub~ect• ADDITIONAL INFORMATION REGARDING ITEM D - SUBTT18033 -PLANNING COMMISSION AGENDA DATED JANUARY 10, 2007 Attached is additional information regarding Tract SUBTT18033 Please consider these materials as part of your agenda packet it was delivered to us after the agenda was run and prepared for distribution If you have any questions, please feel free to contact me, James Troyer, Planning Director, or Lou LeBlanc, Assistant Planner LS Is C James Troyer, Planning Director Dan James, Senior Civil Engineer Lou Le Blanc, Assistant Planner CHARLES JOSEPH ASSOCIATES OFFICE 909.481.1822 800.240.1822 FAX 909.481.1824 CITY CENTER • 10681 FOOTHILL BLVD , Surr'E 395 • RANCHO CUCAMONGA, CA • 91730 MEMORANDUM TO: PLANNING COMMISSIONERS FROM: CHARLES BUQUET, CHARLES JOSEPH ASSOCIATES SUBJECT: PARCEL MAP 18033 DATE: DECEMBER 27, 2006 This is a follow up communication regarding the project for review before you this evening We have recently learned that the previous communication we requested be forwarded for the Planning Commission Design Review did not occur, which is included in this packet Over the past year we have worked diligently to try and master plan the respective properties consistent with previous City Policy and direction We intentionally did not file a parcel map submittal in order to allow for our neighbor to move forward with an entitlement design that worked for both properties and not preGude development of either property unfairly The conditions of approval before you request a phasing approach will allow for Parcel map 18033 to develop half of the map by draining toward East ave, yet preclude our development from draining along with Parcel Map 18033 if the lots had been designed with a tnae master plan approach consistent with the City of Rancho Cucamonga direction, policies, and specific plan dunng the entitlement process over the last year to include shared roads/access that received drainage by nature of this design, there would be no cross lot drainage as currently designed, or need for this request for modification would not be before you this evening We have provided the Planning commissioners with exhibits of approximately a dozen other vacant residential parcels in the general vicinity that were conditioned to provide public road access to adjacent vacant parcels, which also accepted public drainage Dunng our search and discussions with City staff, we were unable to find a vacant property that the Planning Commission approved an adjacent tract without a condition to provide such reaprocation We would respectfully ask that you recommend approval of Parcel Map 18033 with the following additional language PHASE 1 d) Provide drainage easements on the north tract boundary for the following purposes ~) Prnrate drainage devices on the upstream side of the pnvate trail (separate from the trail easement) Since there is vacant property to the north, the drainage devices need to be sized for off site flows as well as trail drainage u) PuW-c storm lateral from 'E' Street to a proled~on of the future master planned cul-de-sac on the parcel to the north or m) Prov-de aubl-c storm drain easement to )C" street drafnaoe facility connecting to East ave in the event a drainage sfudv is apwored for the acceniance of drainage uronosed development to the north Property to the nortl- would be reoulred fo Qav fair share for unsrzlna & dra-na4e study approvals We believe this request is equitable in light of the deviations from the City Master Plan requirements and that this condition would actually provide cost savings for parcel map 18033 as condition F of a cash bond for storm dram Improvements would no longer required Thank you for your time and consideration of this matter, Charles Buquet Charles Joseph Associates 2 Charles Joseuh Associates PUBLIC/PRIVATE SECTOR MANAGEMENT SERVICES August 17, 2006 City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, Ca 91730 Attn Mr Louis LeBlanc-Planner Mr Dan Coleman, Planning Director Mr Jon Gillespie Mrs Betty Miller Senior Engineer Mr Dan James Principal Engineer Planning Commissioners RE Parcel Map filing 18033 Good Afternoon all, This letter is a follow up to our meeting with City Planning and Engineering staff on June 8th 2006 concerning the master plan shown on parcel map 18033 with City staff and our protect engineer As you know, we have worked tirelessly over the last several months to try to come up with awin-win solution fora "Master Plan" approval of the surrounding properties that included several layout options with shared roads along our property boundaries consistent with City requirements and policies Unfortunately, those good faith efforts have yet to yield a successful outcome During our June 8th meeting, City Engineering (see attached memo) and our firm expressed concerns that what is being proposed would not be consistent with the surrounding land planning, and that our concern is the proposed master plan lot configuration would not meet the City requirements, lot average requirements, design review precedence and have an adverse aesthetic an attractive nuisance impact to the future development of our property The original Master Plan layout provided by TAVA development (see enclosed) showed a shared road access along the southern boundary of our property going south through parcel map 18033 At that meeting, staff and the applicant for 18033 asked our firm to review the proposed Master Plan as it relates to the viability for development of our parcel In review of the proposed Master Plan lot layout which is subtect to our property, we have determined that the proposed Master Plan would 1 Require installing a short cul-de-sac street on the westerly portion of our property that would require that we be permitted to install a substandard street Office 909.481.1822 888.240.1822 Fax 909.481.1824 Cary Center • 10681 Foothill Blvd ,Suite 395 • Rancho Cucamonga, CA • 91730 A CALIFORNIA CORPORATION (50') in order to obtain access 2 The substandard cul de sac would not allow for meeting the specific plan lot size average requirements of 25,000 (twenty five thousand) sq ft This would mean the unwanted and unnecessary loss of developable area 3 A cul de sac will create traffic conflicts with the school on the north side of Banyan St and a drainage issue with the cul-de-sac and provide for an attractive nuisance similar to the condition west of East Ave That street has to be monitored by Crossing guards every school day because children are dropped off across the street and cross the street which creates residential strife for the residents and safety concerns for the children In fact, the City had to subsequently install a median at this location due to the amount of cars turning into this street since it was being used as a "drop off point The currently proposed Master Plan would create attractive nuisance especially prevalent for the areas in the rear pnvate trails from the cul de sac to the community horse trails, which have been concerns of the existing neighbors and similar such locations in the City of Rancho Cucamonga adjacent to schools subject to recent City Council meeting discussion of graffiti, drug use, sex and general vagrant activity 4 A public storm drain would need to be installed within a horse trail and in between the rear/side lots of pnvate residential for accepting the drainage from the cul de sac 5 There would be horse corrals within 70' of habitable space During the June 8m meeting, Planning & Engineering indicated that it puts the City rn a tough position to approval a neighboring parcel map as a stand alone project with no reciprocation between the two properties if it meant the lots would be substandard, or less desirable to the property owners We have drafted this letter so that the Crty is aware that by approving parcel map18033 with the current configuration, it is also approving a Master Plan that is a component of parcel map 18033 We now know that proposed this Master Planned layout does not meet the City requirements for Traffic Engineering street width, Planning specific plan requirements, nor a desirable lot configuration for the future home owners quality of life That being said, we respectfully request that the City update the Master Plan accordingly to show our 9 lots facing Banyan with "U° shaped driveways to address the foregoing challenges so that should the City approve parcel map 18033, it will also approve an accurate Master Plan consistent with the realities of what is going to need to occur for our parcel in order to meet City development criteria and desirable lot configuration We hope this provides the win-win solution for both of our parcels to be positively developed as we want our neighbor to enjoy the ability to develop a good lot configuration that will yield a high quality development with mountain views and the like, dust as much as we want to be able to develop our lots with the same considerations to continue that high quality development precedent this parcel development all the way south of both our parcels and the soon to be developed Chaffey College parcels to the south Charlie Buquet 10681 Foothill Bivd Suite 395 Rancho Cucamonga, CA 91730 909-481-1822 909-481-1824 fax Respectfully, Charlie Buquet Charles Joseph Associates Cc Kiros Fund Dan Guerra Oct 11 06 11:55a Rabert IJeinberser 9496444964 p.2 ~ ~ZZ E .,.r o- c~ -i= W N - - o ~~ ~ 2Z _~ 1 ~ o ~o~ { p ~ ~~Lt- 4 W 2Z4- C~ i • 1 ~' Q ~ ~ ~ ~~ ~ a ~ ~ ~~ 3 `$ N ~ ~ o ' ~ ~ a ~~ ~ 3Z9 ..- ~' ! f~ `~ Q J ~ ~ ter ~ U1 }~ _ ~ _~y vi ~ ~~JJ N N ~~ a$ _ a3 . __ ~3 q3 i q~ a3 a c C3 0 0 0 ~~ ~ - - - , 3 s ' ~~ ~C~ QN~ +~ ~ ~~ + Q ~ a ~~ - -fl o a ' ~ f 'F ' yNl~'N t'~NN-N1 "N'~ t~ y ~M ~r~~ ./ •J l ~ I t [ I /R/~ N t ' VV fix.\f. v`/ • /v.~` nn t 1 O V ` f ~ ~ ~ Q ~~ ' ~ ~~ ~ ,+ ~ ~ '~ ~q s-a~~~ 3~~ ~-~~ ~ ~-~=1 1333 4" New Road for TT 17651 Access 74' ROW ~ 300' 1" 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III. II °° ~~' Ir jjl ~ I ~ j;l rl j~l N a N A 0 so ~ti ti~~ i i-:. imi i_ i !Ni i ~i"i iii i~! i~~ ~i i iii i, C 'rz7 b ~4 :n 4 O C~ 1 .. ~ ~ o :E- ~ °= ~ ~ ..0.09 -~ 1r O r O z 8 ~1{_)~ t_ Asa? >~-- T:R_T .L.L tai pi~o~ aiaN / „tr ,z~~- /„~ ,oo~- MEMOP-ANDiJM ENGINEERING DEPARTMENT Date: June 5, 2006 To: Dan Coleman, Principal Planner From: Dan James, Senior Civil Engineer By: Betty Miller, Associate Engineer Copies: Louis Le Blanc, Cam Amos, Jon Gillespie RANCHO C,,UCAMONGA Subject: Master Planning for Southeast Corner of Banyan Street and East Avenue The Traffic Engineer brought to our attention that two developers in the subject portion of Etiwanda have proposed conflicting master plans and both developers are calling him in an attempt to garner support for their own master plan Master planning is a point responsibility of the Planning and Engineering Divisions While Engineering is willing to participate m the discussions and comment on traffic-related concerns with alternate street and lot layouts, there are other issues at stake Robert Weinberger, the owner of Tentative Tract 18033, is lobbying for a street along his south property line, somewhat aligned with Blue Gum, between East Avenue and a future "Street E" in Tentative Tract 17651 This would leave the neighbor to the north with frontage on Banyan and the aforementioned "Street E" The owner of APN 225-191-36 (to the north), represented by Charles Joseph Associates, would rather back onto Banyan Street and take access from a street centered on the property line of the two vacant parcels (Mr Wemberger's north PL) On April 27, 2006, both developers met with Planning, Engineering and Traffic At that meeting we discussed a compromise that included an east-west street along the south edge of 18033, anorth-south cul-de-sac through the center that serves both developments and lots fronting on "Street E" m Tract 17651 Unfortunately, the next week Mr Weinberger met with staff to argue for his original proposal and I understand CJA has submitted a letter to the Project Planner outlining their objections These are the traffic-related issues 1 We would prefer to discourage lots fronting onto Banyan Street, a busy collector, opposite an Intermediate School, with driveways crossing a Community Trail 2 CJA is concerned that a cul-de-sac off Banyan will encourage parking by school users and worries that Traffic might require a median to prevent left turns along this frontage, as was done to the west of East Avenue 3 Initially there was discussion of making the "cut through" route more circuitous for drivers who might want to bypass the signal at Banyan and East, but this issue was not brought up at the April meeting Other Issues 4 Mr Weinberger argues there will be substantially more grading if he has to turn some of his lots MASTER PLANNING FOR SOUTHEAST CORNER OF BANYAN STREET AND EAST AVENUE PAGE 2 JUNE 5, 2006 5 Combining east-west oriented lots with north-south lots in the same tract forces some difficult corral versus house placements This is also the case if one tract orients north-south and the other is east-west, however 6 The alignment of local trails and their ability to connect to Community Trails vanes with the different master plans 7 Mr Weinberger argues the neighbors, who have already seen his original layout, will object to losing their views Also, he may lose of his builder, who was prepared to design for long narrow lots with views to the north and minimal grading 8 The master plan provided does not address the potential for redevelopment of lots at the corner of East Avenue and Banyan Street (APN 0225-191-16, 31, 32, 33 and 35) 9 The property owner to the south (APN 0225-191-06 and 10) will not allow Mr Weinberger to remove his windrow unless he provides a street along the south tract boundary 10 Double frontage lots are not acceptable, since the City does not want Landscape Maintenance District areas on interior Local Streets 11 Draining a cul-de-sac below Banyan Street would require a public storm drain in private side yards or local trails If the cul-de-sac comes up from the south it can be surface-drained The issues need to be resolved prior to going to Planning Commission It will not look good if we turn the Planning Commission meeting into a heated debate Is it possible for the Planning Division to arrange a meeting or workshop with ali the parties to, hopefully, come to a compromises Let us know what forum and which participants you would like to include and we will be happy to attend Y T i m m D C~ ~[ m m rn D ---i Z77 m m D 3 N s O N v ~ rt j Ul O (3p O ~ O X W ~~~~~~ ~ o EAST AVENUE ~~ w" f~ ~ N O 00 ~ O U- ~ (~D ~ ~ O tND ~ O S N O p v, O v, ~ x m~~oo~ N N (D dl p .N~. 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O ~ ,` `C3 ~ ~ ~ ..i N C O v+ C y ('~, ~ z ° a ~ fA { V i r t~ a, J ~ o0 i O~ i ~ ~ U+ w rt m a a e-r '.T fl ~, W ~ ~ ~' w ~ ~ ~ ~ ~"~{ w~ A ~~ M~ ~i A~ ~ ~ ~ ~ ~ ~ rt ~ ~ ~ z "4 ~ ~ • *~ f/s ~' c, ~~ ~ ~ ~ `„~ ~ ~ ~. i3 ~ ~ ~ ~. ry C!! ~ ~ ~ .~ ~ ~ ~ n: s~~r~~ ,rt ~~•aa ~~a~. rr ~ ~ ~ G' ..~. ~ ~ W ~ .s `~ ~ n ~ !~ n ~ c ~ ~ A W ,~ rt ~ G ~r~~. ~' f~3 ma wo ~~ ~ 4a "~ n ~ ~ L' ~" fA G ~' n ~ ~. '17 ~~~ ~~ '~ -~-+ ~ ~ ~ :c ~.~ ~~~" 4 ~~a~ 35. £ t Y ~~ .: ~,, ~,:'m'. ai ~a a~ ~•;,_ .. ~--~ } yr ~~~ ~... c F = ~~ ~. ~„ ~ ~' 3 ,-. ~ a. .... .._ _: p: -,`.d: ~~ Jan 09 07 06:O1p Robert Weinberger 9496444964 p.l January 9, 2007 To Louts LeBlanc Planning Department Rancho Cucamonga, California From Robert Weinberger Re Continuance for SUBTT 18033 Planning Commission Meeting Tlvs letter authorizes Louis LeBlanc to request a continuance on my project, SUBTT 18033, that was to be presented at the January 10, 2007 Planning Commission meeting I need additional tune to study and review the new conditions that were presented to me on January 4 and January 5, 2007 by the Crty Engineering Department I would hke this to be continued to a date to the near future Sincerely, ~C~~~~ . Robert Weinberger +~.~, p PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 6 5) We are accepting the Preliminary Drainage Report as sufficient for purposes of writing conditions of approval and will not require installation of the Master Plan Storm Drain in 8th Street However, the final drainage study will need to include ail Q100 flow currently reaching the new terminus of Sierra Madre, including any flows which may be diverted m the future by the 9th Street MPSD A sump condition is being created, so in the event of blockage in the storm drain, a drainage path for emergency overflow will need to be provided 6) Install a local public storm drain to convey public street flows from the new terminus of Sierra Madre Avenue to the existing outlet facility at the south end of the project site Design the local system to be connected to the future Master Plan Storm Drain Line III-3 m 8th Street The cost of local storm drains shall be borne by this development, with no fee credit a) All sump catch basins and laterals shall be designed to handle Q,oo, and emergency overflow shall be provided b) The final drainage report shall determine the existing tributary area for Sierra Madre Avenue and assume full development thereof c) Provide manholes wherever private drainage facilities connect to public storm drains, to the satisfaction of the City Engineer 7) Provide a public storm drain easement for the new storm drain and access easements over the project drive aisle for City maintenance vehicles 9) The separate parcels within the project boundaries shall be legally combined into one parcel prior to the issuance of building permits The parcel merger application shall include the parcel containing the existing apartment complex or process a Lot Line Adjustment to relocate the existing parcel line that passes through Building #3 a) Vacate Sierra Madre right-of-way, subject to City Council approval which includes, but is not limited to clearances from all utility agencies for that portion of the existing street cul-de-sac adjacent to APN 0207-254-67, prior to lot merger and lot line adjustment 10) A Water Quality Management Plan (WQMP) is required for this protect Access the following website for an updated San Bernardino County WQMP for new development and redevelopment projects http //www swrcb ca gov/rwgcb8/htim/sb wgmp html This website provides Guidance and Templates that can be filled out electronically and printed Adhere to the guidelines and use the templates provided Also, show and label the Best Management Practices (BMPs) identified in the WQMP on the grading plans ~~~~ PLANNING COMMISSION RESOLUTION NO 07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION January 10, 2007 Page 6 5) We are accepting the Preliminary Drainage Report as sufficient for purposes of writing conditions of approval and will not require installation of the Master Plan Storm Drain in 8th Street However, the final drainage study will need to include all Q100 flow currently reaching the new terminus of Sierra Madre, including any flows which may be diverted in the future by the 9th Street MPSD A sump condition is being created, so in the event of blockage m the storm drain, a drainage path for emergency overflow will need to be provided 6) Install a local public storm drain to convey public street flows from the new terminus of Sierra Madre Avenue to the existing outlet facility at the south end of the project site Design the local system to be connected to the future Master Plan Storm Drain Line III-3 m 8th Street The cost of local storm drains shall be borne by this development, with no fee credit a) All sump catch basins and laterals shall be designed to handle Q~oo, and emergency overflow shall be provided b) The final drainage report shall determine the existing tributary area for Sierra Madre Avenue and assume full development thereof c) Provide manholes wherever private drainage facilities connect to public storm drains, to the satisfaction of the City Engineer 7) Provide a public storm drain easement for the new storm drain and access easements over the project drive aisle for City maintenance vehicles 9) The separate parcels within the project boundaries shall be legally combined into one parcel prior to the issuance of building permits The parcel merger application shall include the parcel containing the existing apartment complex or process a Lot Line Adjustment to relocate the existing parcel line that passes through Building #3 a) Vacate Sierra Madre right-of-way, subject to City Council approval which includes, but is not limited to clearances from all utility agencies for that portion of the existing street cul-de-sac adjacent to APN 0207-254-67, prior to lot merger and lot line adjustment 10) A Water Quality Management Plan (WQMP) is required forthis project Access the following website for an updated San Bernardino County WQMP for new development and redevelopment projects http //www swrcb ca qov/rwgcb8/htlm/sb wgmp html This website provides Guidance and Templates that can be filled out electronically and printed Adhere to the guidelines and use the templates provided Also, show and label the Best Management Practices (BMPs) identified in the WQMP on the grading plans I ~~ ~~- ~ ~e -~ PLANNING COMMISSION RESOLUTION NO.07-01 DRC2005-01060- SOUTHERN CALIFORNIA HOUSING CORPORATION ~tJv~~t~ov~ . January 10, 2007 Page 6 1,' , /~-~/ 5) We are accepting the Preliminary Drainage Report as sufficient for ~ _ f0- ~? purposes of writing conditions of approval and will not require installation of the Master Plan Storm Drain in 8th Street.'However, the final drainage study will need to include all Q100 flow currently reaching the new terminus of Sierra Madre, including any flows which may be diverted in the future by the 9th Street MPSD. A sump condition is being created, so in the event of blockage in the storm drain; a drainage path for emergency overflow will need to be provided. 6) Install a local public storm drain to convey public street flows from the new terminus of Sierra Madre Avenue to the existing outlet facility at the south end of the project site. Design the local system to be connected to the future Master Plan Storm Drain Line III-3 in 8th Street. The cost of local storm drains shall be borne by this development, with no fee credit. a) All sump catch basins and laterals shall be designed to handle Q,~, and emergency overflow shall be provided. b) The final drainage report shall determine the existing tributary area for Sierra Madre Avenue and assume full development thereof. c) Provide manholes wherever private drainage facilities connect to public storm drains, to the satisfaction of the City Engineer. 7) Provide a public storm drain easement for the new storm drain and access easements over the project drive aisle for City maintenance vehicles. 8) Obtain a publiedrainage easement from BNSF/Metroiink,. r~-- 9) The separate parcels within the project boundaries shall be legally combined into one parcel prior to the issuance of building permits. The parcel merger application shall include the parcel containing the existing apartment complex or process a Lot Line Adjustment to relocate the existing parcel line that passes through Building #3. a) Vacate Sierra Madre right-of-way, subject to City Council approval which includes, but is not limited to clearances from all utility agencies for that portion of the existing street cul-de-sac adjacent to APN: 0207-254-67, prior to lot merger and lot line adjustment. 10) A Water Quality Management Plan (WQMP) is required forthis project. Access the following website for an updated San Bernardino County WQMP for new development and redevelopment projects: http://www.swrcb.ca.gov/rwacb8/htlm/sb wgmp.html. This website provides Guidance and Templates that can be filled out electronically and printed. Adhere to the guidelines and use the templates provided. Also, show and label the Best Management Practices (BMPs) identified in the WQMP on the grading plans. ~~~ O Enhanced Features of RCFPD High Rise Ordinance High Rise defined as anything with floors used for human occupancy located more than 55' above the lowest level of fire department vehicle access. Or any building with more than five floors. Significant additional fire and life safety requirements: • Secondary water supply capable of supplying calculated sprinkler fire flow. • Approved rooftop helipad. • Fire Control Room • Landscape restrictions to allow vertical access on two sides of the building. Planning Commission Meeting of, /'" ~~ ~ ~J7 RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAME 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. ADDRESS CITY ~U c Cr9"/y/d ,- ~~ l~~ ~,1~l~'. 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