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Home My WebLink About2007/09/26 - Agenda Packet• THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA C,'IU~CAAMONGA SEPTEMBER 26, 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 Munoz_ Howdyshell - Wimberly _ II. ANNOUNCEMENTS ~~ III. APPROVAL OF MINUTES ~~ Regular Meeting Minutes of September 12, 2007 ~~ IV. CONSENT CALENDAR ~~ The following Consent Calendar -tems are expected to be routine and non-controversial They will be acted on by the Commission atone time without discussion If anyone has concern over any item, rt should be removed for d-scussion ~~ V. PUBLIC HEARINGS ~~~ The following items are public hearings rn which concerned individuals may voice the-r opinion of the related project Please wart to be recognized by the Chairman and address the Commission by stating your name and address All such opinions shall be limited to 5 minutes per individual for each project Please sign rn after speaking 1 of 5 PLANNING COMMISSION AGENDA RANCHO SEPTEMBER 26, 2007 CUCAMONGA A MODIFICATION OF DEVELOPMENT REVIEW DRC2003-01 1 85 -MARK CAPELLINO - A request to amend an Engineering Department condition of approval, requiring existing utilities (communication and electrical, except for the 66kV electrical) to be placed underground, for a recently completed office/warehouse complex consisting of 11 buildings totaling 126,843 square feet on 7 27 acres of land m the General Industrial District (Subarea 5), located at 9850 6th Street -APN 0209-211-19 Related File Tentative Parcel Map TPM16445 and Tree Removal Permit DRC2004- 00804 A Mitigated Negative Declaration of environmental impacts was adopted on March 23, 2005 This project does not raise or create new environmental impacts not already considered in the previously adopted Mitigated Negative Declaration and therefore no subsequent environmental review is needed B ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00253 -THE WILLIAM FOX GROUP -A proposal to construct a building of about 22,680 square feet on a vacant parcel of 1 23 acre m the General Industrial (GI) District, (Subarea 13), located at 9275 Charles Smith Avenue -APN 0229-283-02 Related file Tentative Parcie Map SUBTPM18680 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration C ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18680 -THE WILLIAM FOX GROUP - A review of a proposed 3- unitsubdivision for condominium purposes of a building to be constructed on a vacant parcel of 1 23 acre m the General Industrial (GI) District, (Subarea 13), located at 9275 Charles Smith Avenue -APN 0229-283-02 Related file Development Review DRC2007-00253 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration D ORDINANCE REGARDING TEMPORARY SIGNS - DRC2007-00495 - CITY OF RANCHO CUCAMONGA - A review of a draft ordinance amending Sections 14 08 350, 14 16 010(P) and 14 16 020 and adding Chapter 14 25 to the Rancho Cucamonga Municipal Code concerning temporary signs This item will be forwarded to the City Council for final action • • • 2 of 5 • • - PLANNING COMMISSION AGENDA SEPTEMBER 26, 2007 RAN~HG CUCAMONGA VI. DIRECTOR'S REPORTS E CONDITIONAL USE PERMIT DRC2003-00719 -PACIFIC GLOBE LLC -A 6-month progress report for a previously approved 2,947 square foot gas station and convenience store and 2,504 square foot fast food restaurant on 1 48 acres of land m the Village Commercial District, located at the northeast corner of Day Creek Boulevard and Highland Avenue - APN 1089-121-08 and 1089-401-66 VII. PUBLIC COMMENTS This ~s the time and place for the general public to address the commission Items to be discussed here are those that do not already appear on this agenda VIII. COMMISSION BUSINESS/COMMENTS IX. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11 00 p m adjournment time If items go beyond that t-me, they shall be heard only with the consent of the Commission 1, Lois J Schrader, Planning COmmISS/On Secretary of the City of Rancho Cucamonga, or my des-gnee, hereby certify that a true, accurate copy of the foregoing agenda was posted on September 20, 2007, at least 72 hours prior to the meeting per Government Code Section 54964 2 at 10500 Civic Center Drive, Rancho Cucamonga 3 of 5 PLANNING COMMISSION AGENDA RANCHO SEPTEMBER 26, 2007 C,,UCAMONGA If you need special assistance or accommodations to partiapate in this meeting, please contact the Planrnng Department at (909) 477-2750 Notification of 48 hours pnor 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 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 prior 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 pnor 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 • 4of5 • J • - PLANNING COMMISSION AGENDA RANCHO SEPTEMBER 26, 2007 cUCAMONGA 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 $1,974 for maps and $2,073 for all other decisions of the Commission (Fees are established and governed by the City Council) Please turn off ail cellular phones and pagers while the meeting is in session Copes of the Planning Commission agendas and minutes can be found at http //www ci rancho-Cucamonga ca us 5of5 Vicinity Map ~ Planning Commission September 26, 2007 _~ A v'y ~ Meeting Location N City Hall 10500 Civic Center Drive • CONTINUANCE OF PUBLIC HEARING At its regular meeting held on September 26, 2007, the Rancho Cucamonga Planning Commission continued the following item(s) to its meeting to be held on October 24, 2007 MODIFICATION OF DEVELOPMENT REVIEW DRC2003-01185 - MARK CAPELLINO - A request to amend an Engineering Department condition of approval, requiring existing utilities (communication and electrical, except for the 66kV electrical) to be placed underground, for a recently completed office/warehouse complex consisting of 11 buildings totaling 126,843 square feet on 7 27 acres of land m the General Industrial District (Subarea 5), located at 9850 6th Street - APN 0209- 211-19 Related File Tentative Parcel Map TPM16445 and Tree Removal Permit DRC2004-00804 A Mitigated Negative Declaration of environmental impacts was adopted on March 23, 2005 This project does not raise or create new environmental impacts not already considered m the previously adopted Mitigated Negative Declaration and therefore no subsequent environmental review is needed The meeting will be held at 7 00 p m in the Council Chambers at the Rancho Cucamonga Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California Said continuance was passed by the following vote Ayes FLETCHER, HOWDYSHELL, MUNOZ, STEWART, WIMBERLY Noes NONE Absent NONE Abstain NONE Date September 27, 2007 AFFIDAVIT OF POSTING I, Lois J Schrader, declare as follows I am the Planning Commission Secretary of the City of Rancho Cucamonga, that at a regular meeting of the Planning Commission of the City of Rancho Cucamonga held on September 26, 2007, said public hearing was opened and continued to the time and place specified m the NOTICE OF CONTINUANCE shown above, and that on September 27, 2007, at the hour of 4 00 p m , a copy of said notice was posted in a conspicuous place near the door m which said meeting was held I declare under penalty of penury that the foregoing is true and correct Executed on September 27, 2007 at Rancho Cucamonga, California ,~ ~-~' c~~ Lois J Sch der Planning Commission Secretary CONTINUANCE OF PUBLIC HEARING At its regular meeting held on September 26, 2007, the Rancho Cucamonga Planning Commission continued the following item(s) to its meeting to be held on November 14, 2007 ORDINANCE REGARDING TEMPORARY SIGNS - DRC2007-00495 -CITY OF RANCHO CUCAMONGA - A review of a draft ordinance amending Sections 14 08 350, 14 16 010(P) and 14 16 020 and adding Chapter 14 25 to the Rancho Cucamonga Municipal Code concerning temporary signs This item will be forwarded to the City Council for final action The meeting will be held at 7 00 p m in the Council Chambers at the Rancho Cucamonga Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California Said continuance was passed by the following vote Ayes FLETCHER, HOWDYSHELL, MUNOZ, STEWART WIMBERLY Noes NONE Absent NONE Abstain NONE Date September 27, 2007 AFFIDAVIT OF POSTING I, Lois J Schrader, declare as follows I am the Planning Commission Secretary of the City of Rancho Cucamonga, that at a regular meeting of the Planning Commission of the City of Rancho Cucamonga held on September 26, 2007, said public hearing was opened and continued to the time and place specified in the NOTICE OF CONTINUANCE shown above, and that on September 27, 2007, at the hour of 4 00 p m , a copy of said notice was posted in a conspicuous place near the door in which said meeting was held I declare under penalty of penury that the foregoing is true and correct Executed on September 27, 2007, at Rancho Cucamonga, California ' ~~ L ~~~ Lois J Sch der Planning Commission Secretary -. ~~ ~: T H E C I T Y O F .~ RANCHO C U C A M O N G A STAFF REPORT ENGINEERING D E P A R T M E N T Date: September 26, 2007 To Chairman and Members of the Planning Commission From. Dan James, Senior Civil Engineer Sub~ect• MODIFICATION OF DEVELOPMENT REVIEW DRC2003-01185 -MARK CAPELLINO - A request to amend an Engineering Department condition of approval, requiring existing utilities (communication and electrical, except for the 66kV electrical) to be placed underground, for a recently completed office/warehouse complex consisting of 11 buildings totaling 126,843 square feet on 7 27 acres of land in the General Industrial District (Subarea 5), located at 9850 6th Street - APN 0209-211-19 Related Files Tentative Parcel Map SUTPM16445 and Tree Removal Permit DRC2004-00804 • BACKGROUND The Planning Commission approved DRC2003-01185 through the adoption of its Resolution No 05-24 on March 23, 2005 Engineering Division Condition No 3 reads as follows The existing overhead utilities (communications and electrical, except for the 66kV electrical) on the project side of 6th Street shall be undergrounded along the entire project frontage of both Parcels 1 and 2 of Tentative Parcel Map SUBTPM15948, extending to the first pole off-site (east and west), prior to public Improvement acceptance or occupancy, whichever comes first All services crossing 6th Street shall be undergrounded at the same time The developer may request a reimbursement agreement to recover one-half the Clty adopted cost occurs on the opposite side of the street If the developer fails to submit for said reimbursement agreement within six months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate The condition requires undergrounding of utilities to the first pole past both the easterly and westerly property boundaries The first pole to the west is about 30 feet beyond the property boundary The first pole to the east is about 20 feet beyond the property boundary, however, because of the Railroad tracks and the undergrounding being placed on the south side of the street, undergrounding will have to occur to the second pole, about 200 feet beyond the property boundary With both Parcel 1 and 2 frontage and the extension to the poles beyond the property boundaries the total length is about 900 feet Since the 66kV electrical lines are not being undergrounded the power poles will remain The subject project is a development of Parcel 2 of Parcel Map 15948 Parcel Map 15948 was approved by the Planning Commission on August 13, 2003, as a two lot subdivision Parcel 1 has an existing structure and Parcel 2 was vacant The subdivision was approved with a condition that upon development of Parcel 2 the utility undergrounding across both Parcels 1 and 2 would be required The frontage of Parcel 1 is 299 feet and the frontage of Parcel 2 is 366 for a total length of 665 feet The development is located on the north side of 6th Street between Archibald Avenue and Hermosa Avenue Item A PLANNING COMMISSION STAFF REPORT MODIFICATION OF DEVELOPMENT REVIEW DRC2003-01185 -MARK CAPELLINO September 26, 2007 Page 2 • All the properties, except one, along 6th Street are developed and any likelihood of the entire block being undergrounded is remote The one undeveloped property is located at the northwest corner of 6th Street and Hermosa Avenue and has about 330 feet of 6th Street frontage This site has lust recently been submitted for development The developer's synopsis is attached The cost to underground the 900 feet is about $770,000 for a cost per foot of $860 The City's normal estimated cost per foot is $259 Also of the 900 feet, 230 feet extends beyond the property frontage What causes these costs to be unusually high is this undergroundmg is near an Edison's substation and three 6 foot by 12 foot by 7 foot Edison vaults are required On June 10, 1987, the Planning Commission adopted its Resolution No 87-96 establishing a revised policy for undergrounding of the existing overhead utilities This policy was intended "to remove unsightly existing overhead utility lines in order to promote a more aesthetic and desirable working and living environment within the City " The Resolution states that the policy applies to all developments except those specifically exempted "and any others specifically waived by the Planning Commission " Overhead utilities include telecommunication (phone and cable) and electrical but excludes 66KV or larger electrical lines The Commission's utility undergroundmg policy includes seven exemptions, however, the protect did not qualify for any of these exemptions Therefore, it is necessary to explore the ongmal intent of the policy and the assumptions made Staff has reviewed all the original staff reports regarding the drafting of the policy On October 10, 1985, the Planning Commission held a workshop to formulate a policy and established general policy direction 1 All types of streets should have utilities placed underground as a condition of land development, • and 2 Actual undergrounding may be deferred and in-lieu fees paid in those circumstances where the Planning Commission felt it was impractical to underground at the present time, and 3 The obligation to underground should be shared equally by properties on both sides of a street m proportion to their frontage length ANALYSIS: The developer is requesting due consideration from the Planning Commission A suggested consideration is that the developer not have to underground but pay his property frontage in-lieu fee based upon the City's adopted amount of $259 Should the Commission grant the request to pay the in-lieu fee as opposed to actual undergrounding it should include the frontage of both Parcel 1 and Parcel 2 of Parcel Map 15948 Therefore, the total length of in-lieu fee undergrounding would be 665 feet times $259 which makes the total underground in-lieu fee $172,235 The developer did not make a request regarding the communication lines therefore, they should still be required to underground the communication lines Whatever the Planning Commission decides for DRC2003-01185 will be what staff also uses for the undeveloped property at the northwest corner of 6th Street and Hermosa Avenue ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the • City adopted a Mitigated Negative Declaration in March 23, 2005, m connection with the City's approval of DRC2003-01185 Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same A-2 PLANNING COMMISSION STAFF REPORT MODIFICATION OF DEVELOPMENT REVIEW DRC2003-01185 -MARK CAPELLINO September 26, 2007 • Page 3 project unless (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment, (ii) substantial changes have occurred m the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts, or (iii) new important information shows the project will have new or more severe impacts than previously considered, or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts Staff has evaluated the proposed modification of the utility undergrounding condition, and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant None of the previously adopted mitigation measures were concerning above-ground utilities Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required m connection with the City's consideration of the modification of the utility undergrounding condition RECOMMENDATION Consider the staff report along with public testimony, and continue the item to the October 24, 2007, hearing with direction to staff to prepare an appropriate resolution The options to consider are • Option 1 Approve the applicant's request to modify conditions requiring in-lieu fee for electric undergrounding for 366 feet of their development frontage Communication lines will still be undergrounded Option 2 Modify conditions requiring m-lieu fee for electric undergrounding for both Parcel 1 and 2 Parcel Map 15948 for frontage of 665 feet Communication lines will still be undergrounded Option 3 Deny the applicant's request and require undergrounding per the conditions of approval Respectfully submitted, ~~~~ Dan James Senior Civil Engineer DJ MB/ric Attachments Vicinity Map Site Map Aerial View Map Parcel/Utility Map Site Pictures DRC2003-01185/PM 16445 • Parcel Map 15948 Utility Under Grounding Resolution 87-96 Developer's Synopsis DRC2003-01185 Approved Resolution 05-24 A-3 • • Vicinity Map N • A-4 PLANNING COMMISSION STAFF REPORT MODIFICATION OF DEVELOPMENT REVIEW DRC2003-01185 -MARK CAPELLINO September 26, 2007 • Page 3 project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the proposed modification of the utility undergrounding condition, and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not have one or more significant effects not discussed in the previous Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less than significant. None of the previously adopted mitigation measures were concerning above-ground utilities. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of the modification of the utility undergrounding condition. RECOMMENDATION: Consider the staff report along with public testimony, and continue the item to the October 24, 2007, hearing with direction to staff to prepare an appropriate resolution. The options to consider are: • Option 1. Approve the applicant's request to modify conditions requiring in-lieu fee for electric undergrounding for 366 feet of their development frontage. Communication lines will still be undergrounded. Option 2. Modify conditions requiring in-lieu fee for electric undergrounding for both Parcel 1 and 2 Parcel Map 15948 for frontage of 665 feet. Communication lines will still be undergrounded. Option 3. Deny the applicant's request and require undergrounding per the conditions of approval. Respectfully submitted, ~~~~ Dan James Senior Civil Engineer DJ:MB/rlc Attachments: Vicinity Map Site Map Aerial View Map Parcel/Utility Map Site Pictures D RC2003-01185/P M 16445 • Parcel Map 15948 Utility Under Grounding Resolution 87-96 Developer's Synopsis DRC2003-01185 Approved Resolution 05-24 A-3 • • Vicinity Map ^N • A-4 Site Map • N A-5 • • Aerial View Map A-6 ~~ U • Parcel /Utility Map • N A-7 k ~ ~t" ~t" ~! 1 1 ' , p ~~ ~ Ir, ~~ ~~ ~~ir ~~; ~i~ ~ ,~~ ~ ~,~~ i~ Ike ,e~~ i~ IE~~ "~ II;~' 'I I~It 'I r~~q g Ili ~ ~~~; ~~ '~~ 11~~ ~I~ ~ ~~x ~ ~~~ s,1 rl'~ ~~~ ~I~ ~ ~~ ~I• ~a[~ ~~~1;t ~4is i~or ~~pr ~~1°,r ~ia~ ~ l~~~ o ®o a ® ® a ~r~ K' - t~ ~ ~~~ i/ ~~~ ~ , I I i iYYd Y iQN I L7QL/Lp 'B'W'd 'PIQii 'QN dVW TBQY7d 1 I ~ I I L 'iB?tltld ~esl0i .y i I L TH?tlVd I itltld Y 1QN~pyap,,~yX3 , I 61W MY I I ..,. ~~~ .~... 1 ~ Z - - - - - I r ~•~~~~o-.e .. u I - - L« w w I r ~ ---' ---------- -°--------- ---°--------- ---- ~ ------------ ~ ----- ~ 1 a ~~ _ _ ~ I ~~w I I II I ' Ow~ JV I I I_IV JV I ( (- -I , r ~ 1 F ~ _ v< 1 4iWS I- w< I _I I I vt ' Z~~$ OCeo I r IaVC.a o~ ~n I ~I I I ¢r Z"_~ ,,, a d~ I I lam G~ d~ ~~ I I• I I 4•~ ~~~~ ~~ a I ~ ~_ i 1 1 I i ~.. w~~ ~h ~_ _ T _ _ _ I `~~~~ n ~~a WL-- I -iV ~. ~ W<I I N LL~ in m ipp , W O V I fV J O ~o ~ pl .IV I V Qf Iti -1< W ~~~ m ~~S W< I~I ¢a ~L~- ~<pl FI W ~ VA ~ 1 ~~n W \ 1 V I <p ~ I I~I VW Qf ~ 1 / z..~x n ~Yf I d ~~"~ iO ~O~z ? ~ <O I- ~ ~ I <p d ~ F- Oop~ d I ~------- --~r t`. d -- --^ --b W •~ m -------- ----- - --- -- °C ----- u 3~ ~ ,_------ ---r--~ ------ ___ __ ---- ~ t- I - ---• r ------------ ------ ~~~~~ " 3 III ~ i ~ I Uiic A B~ 4 I ~ o~~ a ~gg$(~~ o ,. I I, J ~,. ~ ~ I 1 F~<m ~ IIIi Z WV i I i V< ~' ~. ~ ~ I ~~ .~ ~O ~ 1 ~wm v ~ Wr I I d~ ~>"1~ ~ i 1 L ~. 'v f Z 4 d r I I Q ~~~, ~ I z ---_- I o- i ~ ~ / II, III F ~ ~ii~~r< F~~p u I ~ i~$ ~ --- --- i ~ M -- e d~ ~ ~ ~ _ ~ ~ ~~. p 3 ~i o ~~~~~ 3 ~~~ c3 ~~~ ~ ~8~~ a ~~~~ ~ ~if~ r{ ; `- I I-.- _ - - - ----- - - - - - ~'~ 6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION NO 87-96 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A REVISED POLICY FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES AND REPEALING RESOLUTION N0. 86-77 WHEREAS, the Planning Comm,ss,on of the C,ty of Rancho Cucamonga wishes to repeal Resolution No 86-77 which was adopted on the 28th day of May, 1986 and establ,sh the revised pol,cy contained herein, WHEREAS, the Planning Commission of the City of Rancho Cucamonga wishes to remove unsightly existing overhead utility lines in order to promote a more aesthetic and desirable working and living environment within the City, and WHEREAS, ,t is necessary to establish a policy to inform property owners and developers of the City goal. NOW, THEREFORE, be it resolved and established that all developments, except those contained ,n Sect,on 7 and any others specifically waived by the Planning Commission, shall be responsible f or undergrounding all existing overhead utility lines includ,ng the removal of the related supporting poles add scent to and w, thi n the l,mi is of a Bevel opment as follows 1. Lines on the project side of the street*: a. Sa,d lines shall be undergrounded at the developer's expense. b. In those circumstances where the Planning Commission decides that underground,ng is ,mpract,cal at present for such reasons as a short length of under grounding (less than 300 feet and not undergrounded adjacent), a heavy concentration of serv,ces to other users, disruption to existing ,mprovem ents, etc the Developer shall pay an ,n-l,eu fee for the full amount per Sect,on 6. c. The Developer shall be elig,ble for reimbursement of one-half the cost of undergrounding from future developments as they occur on the opposite s,de of the street. 2. Lines on the opposite side of the street from the ro~ect: The Developer sha 1 pay a fee to the City for one-ha f the amount per Sect,on 6. 3. Lines on both sides of the street• The Developer shall comply with ection a ove an e e igi e or reimbursement or pay additional fees so that he bears a total expense equivalent to one-half the total cost of undergrounding the lines on both sides of the street. 4. Pole lines conta,nin~66KV or lar er electrical lines All lines shall be un7ergroun e or in-T-ieu ees pa, in accor ance w,tn sect,on 1, 2 or 3, above, except for 66 KV or larger electrical lines g-ib~) 5 Limits of Responsibilities a. In-lieu fees shall be based upon the length of the property bung developed from property l i ne to property l ine (the center of add acent streets for corner properties) b. Undergrounding shall include t he entire project f rontage and extend to. (1) the first existing pole off-site from the project boundaries (across the street for corner properties), (Z) a new pole erected at a project boundary (across the street for corner properties), or (3) an existing pole within 5 feet of a project boundary, except at a corner 6 Fee Amount The amount for in-lieu fees shall equal the length (per _ Section a) times the unit amoun t as established by the City Council based upon information supplied by the utility companies and as updated periodically as deemed necessary. 7. Exemptions_ The following types of projects shall be exempt from this po icy. a. The addition of functional equipment to existing developments, such as. loading docks, silos, satellite dishes, antennas, water tanks, air conditioners, cooling towers, enclosure of an outdoor storage area, parking and loading areas, block walls and fences, etc. b. Building additions or new free standing buildings of less than 25~ of the floor area of the extsttng building(s) on the same assessor's parcel, or 5,000 square feet, whichever is less. c. Exterior upgrading or repair of extsttng developments, such as reroofing, addition of trellis, awnings, landscaping, equipment screening, repainting and exterior finishes, etc. d. Interior tenant improvements and non-construction CUPS. e. The construction of a single family residence on an extsttng parcel. f. Existing overhead utility lines located in trails, alleys, and utility easements with a heavy concentration of services to adjacent developments, and the utility lines are 500' or more from the right of way line of a Special Boulevard. g. Residential subdivisions of four or fewer single family residential parcels, where the utility lines extend at least 600' off site from both the project boundaries and the adjacent property is not likely to contribute to future under grounding * All references to streets shall also mean alleys, railroad or channel rights-of-way, etc. ~_>`~b> APPROVED AND ADOPTED THIS 10th DAY OF JIVE 1987. PLANNING C BY: ATTEST: ISSION OF THE CITY OF RAN CHO CUCAMONG4 I, Brad Buller, Deputy 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 c,ty of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10 day of June, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: EMERICK, CHITIEA, MCNIEL TOLSTOY NONE BLAKESLEY L~-~7 PLANNING BY: ATTEST: APPROVED AND ADOPTED THIS 10th DAY OF JIVE 1987. COM~ISSIGN OF THE CITY OF RANCHO CU CAMCNG4 I, Brad Buller, Deputy 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 c,ty of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 10 day of June, 1987, by the following vote-to-wit: AYES: COMMISSIONERS: EMERICK, CHITIEA, MCNIEL NOES: COMMISSICNERS: TOLSTOY ABSENT: COMMISSIONERS: NONE ® ABSTAIN: COMMISSIONERS: BLAKESLEY A17 Cap Brothers Construction 2020 Del Amo Blvd Suite 105 Torrance, CA 90501 CA LIC # 316527 To• City of Rancho Cucamonga 10500 Civic Center Dnve From Mark Capellino Re DRC2003-01185 + SUBTPM 16445 Dan, Condition #3 "Undergrounding of Existing Utilities" On behalf of the Change Revocable Trust, we have submitted a request to modify the referenced condition for our project Enclosed please find the bids received and summery of the anticipated costs, Related to this project. The bids and summary are separated into the following sections (refer to highlighted SCE plans) • 1- Projects actual frontage 2- Work west of project 3- Work east of protect The following fists several circumstances and provisions within resolution No. 87- 96 which we request staff and the planning commission to take into consideration. -SCE fees are unusually expensive due to our projects proxinuty to an SCE substation located at the south east corner of the sixth +Archubald and Railroad Tracts to the east • A18 -All the poles and the majority of the existixig overhead fines must remain (over 66 KV) - No other undergroundmg work done on Sixth street between - Archibald and Hermosa -Undergrounding work will create both traffic and electrical service disruptions to surrounding properties -A total of $46,572.00 (DRC-87.21) is only apparent money available from the city of Rancho Cucamonga towards reimbursement It is our request, m light of these circumstances, staff and planning commission reconsider condition #3, allowing this project to pay fees-iri-lieu as vvarraiited and described within resolution No. 87-96 Our expectation of the calculation of fees-in-lieu would be• 366 LN Ft (Project Frontage) x $ 259.00 (City established costs for under grounding electncal) Total Fee-in-Lieu $ 94,794 00 • Thank you in advance for your consideration regarding this issue If you have any questions or require additional information, please do not Hesitate to call me at (310) 488-4868 Sincerely Mark Capellino • A19 Summary of Estimates- Notes 6~' St. Undergrounding Scope from station 16+34 to Station 25+27 = 893 Total 366' Section #1 "Development Frontage"- Station 19+66 to 22 89- 331" Section # 2 "Improvements west ofdevelopment-station 16+34 to 19+65 196' Section #3 "Improvements east of developments- station 22+89 to 25+27 Item Section 1 Section 2 Section 3 Total So Cal Edison Fees 166.484.00 134,704 00 88.345 00 389.533 00 Conduct + Structures 88,540.00 85,500.00 86,500.00 245,540.00 Remove + Replace Misc Public Improv -Curb -Gutter -Sidewalk 12,500 00 10,000 00 15,000.00 37,500 00 -Landscape -Parkway Repair 3,000.00 3,040.00 3,000 00 9,000 00 -Asphalt Resurfacing 24,000.00 5,000 00 5,000 00 34,000 00 Misc Insurance Overhead + 14,725 00 12,000 40 10,000.00 36,725 00 Supervision Total 309,249 00 ~ 250,204 00 ~ 207,845.00 ~ 767,298 00 • • A -20 JULY. LU. LUUf I I.YIt11Yl Inn ~vivinivn. _ ~+V• ~~~ _ _ _ - - _ -- -. - ~ y M _ - • 107T1 A ~orKi i4~+C For~ar7~, Celliforrr~ 9~i7-?933 909) $54,28i~D Fax {9~9) 854-295 CAP Brothez~s Construction Marks Capcll~no 310-483~486~ RE- 6t'' Street Under~ounrlin~ F.~Iay 23, 2007 Mark, Thank you £or the opportunity to gartner with CAP Brothers Cozzsrtuction. PA.kt Electrical Cozitractors (signatary to Il3E~ can coulplete the works as represented an the drawings for a total Brice of $245,540 00. Below is the breakdown far each area that was hxghiibhted on the work drawings provided by you: Station 25+27 to Station 22+89: $86,500 00 Station 22+89 to Sta~.on 19+Sd: $~$,540A0 Station 19+6b to Station iG-~34; ~85.SOOAO Note the following excegtions• Permits are not included m this price xzor are railroad flagmen or railroad insurance A grind axed gave over aik asphalt includes a 4 foot overlay' (I foot on each • side of a 2 foot trench). AlI traffic controi is included, however stauxped traffic cozifrol plans are not. rf tl`~is price is acceptable, pfea5e sign on tfie line provided grid return via fax to 909-854-2$95 so that a contract can be initiated. P1Ease call me if you ha~'e any questiazzs. Thank ydu, Drew 13emard t_Tndergrouad Constniction Maztager PAllt electrical Contractors 909-854-2880 Q~fioe 909-376-9361 Cell CAP' Bxpthers Construction 4F?'0 Ai BeNFVtet~ ~, W~tse SRi~e 340 Kxs~3 CF'1, Missatai 6451? (Sl&j 4F$-9-#~ F2X [846j ~Y1.3569 °~, whollq-owned suF~arSasy of f~.f2A'it#i ~r~nces, mc" A21 A.M. ORTEGA CONSTRUCTION, INC. • Standard Pay Items 6TH ST EDISON CONDUIT PRASE 1 Description Unit Quantity Unit Price Total Price Trench Mainline LF 465 $ 110 00 $ 51,150 00 Concrete Encasement YD 335 $ 85 00 $ 28,475 00 PAVING LF 465 $ 13 50 $ 6,277 50 Concrete Products EA 1 $ 6,855 00 $ 6,855 00 PiJLL BOX EA 1 $ 1,575 00 $ 1,575 00 Total Unit 1 $ 94,332.50 PHASE 2 Trench Mainline LF 485 $ 108 00 $ 52,380 00 • Concrete Encasement YD 350 $ 85 00 $ 29,750 00 PAVING LF 485 $ 12 50 $ 6,062 50 Concrete Products EA 1 $ 6,855 00 $ 6,855 00 Handhole Plasctic EA 1 $ 220 00 $ 220 00 Total Unit 2 S 95,267.50 PHASE 3 Trench Mainline LF 320 $ 120 00 $ 38,400 00 Concrete Encasement YD 500 $ 85 00 $ 42,500 00 PAVING LF 320 $ 12 50 $ 4,000 00 Concrete Products EA 1 $ 6,855 00 $ 6,855 00 Bore Railroad EA 1 $ 12,500 00 $ 12,500 00 Total Unit 3 $ 104,255.00 A 22 SOUTHERN CALIFORNIA EDISON® An FDlSON INTFRNATIONA/ ®Company • Trade Union International Inc February 12, 2007 # 1 Toplme Plaza 4651 Slate Street Montclair, CA 91763 SUBJECT Rule 20B Underground Conversion of Distnbution and Telecommunications Facilities 6~' Street between Archibald and Hermosa, Rancho Cucamonga CRE File No REL 06149653 We have reviewed your request for the underground conversion of distnbution and telecommunications facilities at the location mentioned above The estimated cost to relocate these facilities to accommodate the development of your project is $389,532 44 SCE acknowledges receipt of $15,000 00 as an engineenng advance, therefore the balance due at this tune is $374,532 44 Please issue your check payable to Southern Cahforrua Edison Company, and forward to me at the address shown below Please identify your check with our CRE File Number Rel 06149653 Within a week, you will receive the Agreement for Replacement of Overhead with Underground Electncal Facilities which addresses the underground conversion Please arrange to have the appropnate party sign m the space provided and return the ongiial to my attention Upon receipt of your check, the signed acknowledgement set forth below, and the signed underground Agreement, work can be scheduled to begin m approxunately 90 days Please note that the balance due is based on estunated costs, SCE's work, however, is being performed on an actual cost basts Therefore, at the completion of the protect, you will be sent a final invoice and be billed or refunded any difference covenng the actual cost of thelob Please allow approxunately one year afterlob completion for the final invoice to be prepared Any amount owed by you to SCE at the completion of the protect shall be due no later than 30 days after receipt of the final invoice All pnces quoted and/or wntten are applicable through May 1, 2007 • If your protect will be delayed or canceled, please notify me immediately at 909-944-4409 Please acknowledge your understanding of SCE's relocation and billing process, as stated above, by signirig and returning the copy of this letter Genie Sanders Senior Right of Way Agent Corporate Real Estate ACKNOWLEDGEMENT OF SCE'S BILLINGPROCESS TRADE UNION INTERNATIONAL INC BY Date Signature Print Name ce Howard McAdoo Cap Brothers Construction Co 2020 Del Amo Boulevard, Suite 105 Torrance, CA 90501 Ken Forte Rob Bolton Jose Ornz • Corporate Real Estate 9500 Cleveland Ave , Sutte 100 Rancho Cucamonga, CA 91730 A-23 Title ~j 3 t DRC2003-01185 & SUBTPM16445 Sixth Street Undergroundmg Scope of work. 6a' Street (Station 16 and 34 to Station 25 and 27 = 893' Total) 366' Section #1 "Development Frontage" Station 19 & 66 to 22&89 $309,249.00 331' Section #2 "Improvements West" of development Station 16 & 34 to 19 & 66 $250,204.00 196' Section #3 "Improvements East" of development Station 22 & 89 to 25 & 27 $207,845.00 893' $767,298.00 Total cost for undergrounding: $767,298.00 $767,298.00 - 893' _ $859.00 hn ft $767,298.00 - 366' (project frontage) _ $2,096.00 lin ft • City estimated lm ft cost for both sides of street is =$226.00 lin ft If we had to pay our fair share it would be 1/z cost $113.00 lin ft 893' x $226.00 = $201,818.00 893' g $113.00 = $100,909.00 Property purchase price was approx. $2 inillion Street improvement costs w/ the undergroundmg is $1 million (Had the developer known the actual cost verses estimated street unprovement costs the prod ect would not have moved forward ) Project building square footage: 126,00 sq ft Cost per sq ft to build is $ 64 Additional cost per sq ft if full undergrounding is required is $ 06 (10%) increase A 24 Notes ^ SCE Fee per letter dated 2/12/07.389,532.44 Includes 15,000 deposit ^ SCE contract is an estiiriated fee (deposit) Final costs will be determined on cost plus bases ^ SCE fees unusually expensive due to proximity to SCE substation at 6~' and Archibald ^ All poles and majority of the existing overhead lines must remain (over 66kv) ^ Undergrounding work will create both traffic and electrical service disruptions to surrounding properties ^ Only $46, 572.00 available from the City of Rancho towards undergrounding costs (DRC 87-21) DRC2003-01185 Condition #3 The existing overhead utilities (communications and electrical, except for the 66kV electrical) on the project side of 6~' Street shall be undergrounded along the t entire project frontage of both Parcels 1 and 2 of PIVI15948, extending to the fast pole off-site (east and west), prior to public unprovement acceptance or occupancy, whichever occurs first. All services crossing 6~ Street shall be under-grounded at the same time. The developer may request a reimbursement agreement to recover one-half the City adopted cost for under-grounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shah terminate • A 25 Total Costs/Comparisons Costs to Underground Project Frontage $309,.249 00 Averages 844.94 per LN FT Costs to Underground outside of project boundaries $458,049 00 Normal anticipated costs to Underground Utilities 226.00 per LN FT (Amount Crty uses • for Bonding/Project Valuation) If pro}ect is required to perform full Undergrounding (767,298.00) The effective cost per foot = 767,298 00 divided by 366 =2096.44 per foot A 26 ® Request to modify Engineering condition #3 for DRC2003-01185 & SUBTPM 16445 regarding the undergrounding of utility lines along Sixth Street 'Thank you for the opportunity to address this issue vMth you. This protect was approved m 2005 and is substantially complete. In the process of completing the project, the compliance with Engineering condition #3 became such a challenge that we have spent months trying to deteririne the best course to take in fulfilling the requirements of the condition. The owner has determined that he would like to re-approach the Planning Commission and seek a modification to the condition The owner is fully aware of the Planning Commission's policy and desire to create a better business environment for successful businesses. We are not coming with a recommended change but would like to present our case and look at options that would still maintain the goal of the undergrounding policy but would consider the specifics of this project The Engineeng condition that we would like to have amended is: DRC2003-01185 Condition #3 The existing overhead utilities (communications and electrical, except for the 66kV electrical) on the project side of 6t6 Street shall be undergrounded along the entire project frontage of both Parcels 1 and 2 of PMI5948, extending to the first pole off-site (east and west), prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing 6u` Street shall be under- grounded at the same time. The developer may reQuest a reimbursement agreement to recover one-half the City adopted cost for under-grounding from future development (redevelopment) as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. The scope of undergrounding work along 6~` Street as conditioned is a distance of 893 feet For the purpose of this review we have divided the frontage in three sections- 366' Section #1 "Development Frontage" Station 19 & 66 to 22&89 $309,249.00 331' Section #2 "Improvements West" of development Station 16 & 34 to 19 & 66 $250,204.00 196' Section #3 "Improvements East" of development Station 22 & 89 to 25 & 27 $207,845.00 893' $767,298.00 A 27 Total estunated cost for undergrounding is $767,298.00 or $859 OO lin ft. The owner has gone out tvv~ce to seek proposals that would lower that amount. The amount noted above is the lowest bid to date received The Crty's estimated hn ft cost for both sides of street is $226 00 a lin ft. This is a difference of $633 00 a foot. If we were simply required to pay our fair share for undergrvunding and not actually underground the lines at this tune we might be looking at one of three options: 1) pay for the entire 893 feet z $226.00 a foot for a total of $201,818.00; 2) pay for the entire 893 feet z $113.00 a foot because we would only pay for our side of the street for a total of $100,909.00; or 3) pay for only the 366 feet of project frontage at $113.00 for a total of $41,358.00. The actual 6~' Street project frontage is only 366 feet. The remaining street frontage requu~ing undergrounding is 493 feet. The 493 feet of frontage is on parcels east and west of the project site. We would tike the opportunity to present these issues and others that would help the Commission understand the impact of condition #3 to this project. We look forward to meeting vv~th you A 28 Total Costs/Compansons Costs to Underground Project Frontage $309, 249.00 Averages 844.94 per LN FT Costs to Underground outside of project boundaries $458,049.00 • Normal anticipated costs to Underground Utilities 226.00 per LN FT (Amount City uses for Bonding/Pro~ect Valuation) If project is required to perform full Undergrounding (767,298.00) The effective cost per foot = 767,298 00 divided by 366 =2096 44 per foot • A 29 RESOLUTION NO 05-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2003-01185, A REQUEST TO DEVELOP 11 INDUSTRIAL OFFICE/WAREHOUSE BUILDINGS TOTALING 126,843 SQUARE FEET ON 7.27 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 5), LOCATED AT 9850 6TH STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0209-211-19 A Recitals 1 Mark Capellino, on behalf of Cap Brothers Construction, filed an application for approval of Development Review DRC2003-01185, 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 March 23, 2005, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application 3 All legal prerequisites prior to the adoption of this Resolution have occur-ed 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 meeting on March 23, 2005, including written and oral staff reports, this Commission hereby specifically finds as follows: a The application applies to the development of 11 office/warehouse buildings with a combined floor area of 126,843 square feet on a property of 316,859 square feet (7.27 acres), and b This application is in conjunction with the subdivision of the subject parcel into 11 parcels (related file Tentative Parcel Map SUBTPM16445) One building will be constructed on each individual parcel, and c The properties to the south, east, and west of the subject site are fully improved with industrial development, while the properties to the north are partially improved with industrial development (the remainder are vacant), and d. The subject property has a street frontage along 6th Street of 370 feet, overall width of 665 41 feet and overall depth of 615 86 feet, and e The subject site is vacant, and f. Vegetation on the subject site is limited to low grasses and a grouping of eight trees at the south side of the site, and A 30 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 2 g One point of pnmary and one point of emergency access into the site will be provided from 6th Street, and h Adjacent, and parallel to, the east property line is a north-south railroad line, and i Consistent with the Rail Service Standards outlined in Section 17 30.040 F, a portion of the subject site with the dimensions of 25 feet wide by 615 86 feet long Immediately adjacent, and parallel to, the existing railroad easement shall be unencumbered with structures, paving, and outdoor storage or similar uses, and Buildings 1, 3, and 5, as they are the closest to the rail line will incorporate knock-out panels on their east elevations; and 3 Based upon the substantial evidence presented to this Commission dunng the above-referenced meeting, including written and oral staff reports, this Commission hereby specifically finds and concludes as follows a That the proposed project is consistent with the objectives of the General Plan and development Code, and b That the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located, and • c That the proposed design is in compliance with each of the applicable provisions of the Development Code, and d That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or matenally in~unous to properties or improvements in the vicinity 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all wntten and oral reports included for the environmental assessment for the application, the 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 Monitonng Program attached hereto, and incorporated herein by this reference, based upon the findings as follows• a That the Mitigated Negative Declaration has been prepared in compliance with the Califomia Environmental Quality Act (CEQA) of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission, and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the projectwhich are listed below as conditions of approval c. Pursuant to the provisions of Section 753 5(c) of Title 14 of the Califomia Code of • Regulations, the Planning Commission finds as follows In considenng the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the A31 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01 1 85 -MARK CAPELLINO March 23, 2005 ® Page 3 proposed project will have potential for an adverse impact upon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission dunng the public heanng, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(c-1-d) of Title 14 of the California Code of Regulations 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannin4 Department 1) Approval is for the construction of 11 buildings with a combined floor area of 126,843 square feet. 2) Outdoor eating areas shall have an overhead, decorative trellis shade structure, tables, chairs/benches, and trash receptacles 3) The output surface (face) of all lamp heads on wall-mounted light fixtures and the light standards shall be parallel to the ground in order to eliminate glare and minimize lighting on adjacent properties The • maximum height of light standards, including the base, measured from the finished surface is 25 feet. 4) All roof- and ground-mounted equipment shall be completely screened from view from surrounding properties and the public nght-of--way. Screening shall be architecturally compatible with the proposed building. The location of Southern California Edison transformer(s) shall be shown on the plans submitted for Building and Safety plan check 5) Downspouts shall not be visible from the exterior on any of the buildings elevations All downspouts shall be routed through the intenor of the building 6) The maximum height of any wall or fence in this development distnct is 8 feet Chain link fencing is not permitted, penmeterwalls/fences shall be constructed of wrought iron, concrete block, tilt-up concrete panels, or equivalent as approved by the City Planner Where walls/fences are placed above retaining walls, the calculated height of the overall wall/fence combination shall not exceed 8 feet. 7) A minimum of 228 parking stalls shall be provided for the overall site. 8) Parking stalls shall have a minimum width of 9 feet and a minimum ® depth of 18 feet (1-foot overhang into landscaped areas is permitted). Truck trailer parking stalls shall have a minimum width of 14 feet and minimum depth of 50 feet. A 32 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 4 9) All materials, supplies, equipment, and operating trucks shall be stored within the building or storage area Such storage areas within 120 feet of a street frontage shall be screened All screens and/or enclosures are subject to City Planner approval 10) The portion of the properly, with dimensions of about 25 feet wide by 615 feet long, that is reserved for a potential rail spur that is located along, and parallel to, the east property line and directly adjacent to the east side of Buildings 1, 3, 5, and 7 shall be landscaped with ground cover, and an appropriate irrigation system shall be installed In addition, a grouping of trees (minimum 36-inch box) and shrubs shall be planted in the landscaped area adjacent to Budding 1 and behind the proposed screen wall that will be located at the southeast comer of Building 1 The use of this potential rail spur area for vehicle access, truck loading/unloading, materials storage, vehicle parking, oranytype of similar activity is not permitted 11) The employees' outdoor eating area immediately in front of Buildings 7 and 9 shall incorporate benches and creative landscaping r~ ~~ 12) Decorative paving shall be provided at the primary entrance to the site, behind the public right-of--way The decoratively paved area shall have • a minimum depth of 35 feet and width equal to that of the driveway. 13) Tree Removal Permit DRC2004-00804 is hereby approved with the condition that preservation of the Washingtonia robusta (Mexican Fan Palm) and the Platanus acerfolia (London Plane Tree), identified in the arbonst report as trees #1 and #2, respectively, are relocated to suitable locations on-site The new locations of these trees shall be shown on the Landscape Plans submitted to the City for review and approval 14) Landscaping provided shall be consistent with the standards described in Section 17 30 040 E of the Development Code Detailed Landscape and Imgation Plans shall be submitted, at the time of plan check, to the Planning Department for review and approval The Detailed Landscape and Imgation Plans must be approved by the City Planner prior to the issuance of Building Permits 15) All landscaping shall be installed prior to release for occupancy 16) Shared access, parking, and maintenance shall be incorporated in the pro1ect's Conditions, Covenants, and Restrictions (CC&R's) En4ineenng Department 1) Full frontage improvements shall be installed at the local industrial width (curb face 22 feet from centerline of street, in-line with existing curb face on Parcel 1, PM15948) including asphalt pavement to A-33 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 5 centerline of street, curb and gutter, dnve approach, curvilinear sidewalk, street trees, three (3) 9500 Lumen HPSV streetlights and traffic signing and stnping a) Curvilinear sidewalk and street trees shall be installed to accommodate the ultimate width of 6th Street (curb face 32 feet measured from centerline) b) Dnve approach to be per City Standard No 101, Type C and be a minimum of 35 feet wide Curvilinear sidewalk shall cross the dnve approach at the 0" curb face (non-contiguous sidewalk) c) Main north/south dnveway shall align with the existing dnveway on the south side of 6th Street Centerline offset between the proposed dnveway and the existing dnveway across the street shall not exceed 10 feet. 2) Eventually, 6th Street will be widened to a secondary artenal While it may be impractical to install these improvements at this width now, development will be required to• a) Design on-site improvements to accommodate the ultimate width of 6th Street (curb 32-feet from centerline) Onent on-site improvements to work with both the intenm and ultimate street improvements b) Parkways shall slope at 2 percent from the top of curb to 1/2-foot behind the ultimate nght-of--way (44 feet measured from the centerline of 6th Street and dedicated on Parcel Map 15948) along the whole street frontage 3) The existing ovefiead utilities (communications and electncal, except for the 66kV electncal) on the project side of 6th Street shall be undergrounded along the entire project frontage of both Parcels 1 and 2 of PM15948, extending to the first pole off-site (east and west), pnor to public improvement acceptance or occupancy, whichever occurs first All services crossing 6th Street shall be under-grounded at the same time The developer may request a reimbursement agreement to recover one-half the City adopted cost for under-grounding from future development (redevelopment) as it occurs on the opposite side of the street If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate 4) Adequate provisions shall be made for acceptance and disposal of surface drainage entenng the property from adjacent areas. Drainage ® from the north shall be collected and conveyed in PCC drainage devices, around proposed buildings to on-site facilities, eventually discharging onto 6th Street A 34 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 6 5) Public improvement plans shall be 90 percent complete pnor to the issuance of Grading Permits Public Improvement Plans shall be 100 percent complete, signed by the City Engineer, and an improvement agreement and bonds executed by the developer, pnor to Building Permit issuance 6) Provide a Water Quality Management Plan (VIIQMP), to the satisfaction of the City Engineer pnor to issuance of Grading Permit, and identify applicable Best Management Practices (BMPs) on the Grading Plan Also, have appropriate WQMP `TEMPLATE" Attachments regarding responsible person(s) for maintenance and operations of the BMP's recorded with the County of San Bemardmo, and provide copy of recorded document to the Engineering Department pnor to issuance of Grading Permits 7) Maintenance of BMP's identified m the WQMP shall be addressed m the project Covenants, Conditions, and Restrictions (CC&Rs) 8) Where applicable, obtain and provide off-site entry rights to grade on adjacent properties, including the railroad easement(s) • 9) Provide written confirmation from railroad company regarding any • proposed grading adjacent to their easement along existing spur Imes, reference Grading Plan Submittal -Sections C, D and E 10) Decorative paving on-site shall not encroach onto the ultimate right-of-way for 6th Street Environmental Mitigation Aesthetics 1) Light standards and fixtures shall be designed to ensure that illumination is confined w~thm the project site Glare shat! be minimized by shielding, diffusers, or use of indirect lighting A Photometric Plan shall be submitted for City Planner review and approval. Arr Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected 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 A 35 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 7 the project Contractors shall also conform to any construction measures imposed by the Southern California 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 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 penods of time • Schedule activities to minimize the amounts of exposed ® excavated soil during and after the end of work penods • Dispose of surplus excavated matenal in accordance with local ordinances and use sound engineering practices • Dispose of surplus excavated matenal 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 time of year of construction. • Suspend grading operations during high winds (i a ,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 sod stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 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,a emissions 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. A 36 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 8 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipmentwhen not in use 10) All industnal and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged penods (i e , in excess of 10 minutes) 11) All industnal and commercial facililJes shall designate preferential parking for vanpools 12) All industnal and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas 13) All industnal and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible • B~olog~cal Resources 1) The applicant shall relocate the Washingtonia robusta (Mexican Fan • Palm) and the Platanus acerfolia (London Plane Tree), identified as trees #1 and #2, respectively, on the site plan submitted with the Arbonst Report, to suitable locations on-site. The new location of these trees shall be shown on the Landscape Plans submitted to the City for review and approval. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or dunng grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropnate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga wdl • Enact intenm measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to regwre incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point • Pursue educating the public about the areas archaeological hentage • Propose mitigation measures and recommend conditions of • approval to eliminate adverse project effects on significant, important, and unique prehistonc resources, following appropnate CEQA guidelines A 37 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01 1 85 -MARK CAPELLINO March 23, 2005 Page 9 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 Bemardino County Archaeological Information Center for permanent archiving 2) A qualified paleontologist shall conduct a preconstruction field survey of the project site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit summary report to City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bemardino County Museum Geology and Sods 1) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,a emissions, in accordance with SCAQMD Rule 403 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon time of year of construction. 3) Grading operations shall be 25 mph to minimize PM,o episodes suspended when wind speeds exceed emissions from the site during such 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 • A 38 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO March 23, 2005 • Page 10 Hydrology and Water Quality 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the project where appropriate Measures that maybe used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and becks, teri'aces, diversions, runoff spreaders, seepage pits, and recharge basins 2) Prior to issuance of budding 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 3) Prior to issuance of grading or paving permits, applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Engineerfor coverage underthe NPDES General Construction Permit. 4) Loading docks must be kept in a clean and orderly condition through a regular program of sweeping and litter control and immediate cleanup of spills and broken containers 5) Below grade loading docks for warehouse/distribution centers of fresh food items shall drain through water quality inlets, or to an engineered system, or an equally effective altomative 6) Building and grounds maintenance includes care of landscaped areas around the facility, cleaning of parking lots and pavement, and the cleaning of the storm drainage system 7) Outdoor storage of items primarily used by the tenant shall be discouraged. In the event that outdoor storage cannot be avoided, the materials shall be kept in areas originally designed and designated for storage 8) Outdoor storage of materials for rehabilitation, remodeling, and improvements shall be placed in designated areas at the time the work is to be done An area of the site shall be selected, away from drainage structures, and on a paved surface The areas shall be isolated by use of erosion control measures, such as sandbags, plastic A 39 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO • March 23, 2005 Page 11 sheeting, and the creation of drainage dikes to collect any runoff from the area Smaller materials, such as drums, paints, chemicals, and tools shall be kept in a covered area Larger materials such as lumber shall be raised above the ground and securely covered with heavy plastic sheeting that will be resistant to tear in the event of heavy words 9) Trash containers shall be covered at all times The exterior of the containers and the area surrounding the containers shall be kept clean of debris Inspection shall be on weekly basis by the person responsible for the maintenance of the site Spills shall be cleaned immediately and shall be done with the appropriate cleaning materials All drainage from the budding and pavement shall be diverted away from the trash container area Building roof drams shall be connected to the underground storm drain system or adjoining pavement drains located away from the trash container area Trash container areas shall be screened or walled to prevent off-site transportation of trash Nose 1) Construction or grading shall not take place between the hours of • 8 00 p m and 6 30 a m. on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02 120-D, as measured at the property line 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 3) The perimeter block wall shall be constructed as early as possible in the first phase. 4) 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 traps (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 A 40 PLANNING COMMISSION RESOLUTION NO 05-24 DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 12 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY ~~~~ ~ ~ Larry Niel, Vice Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of March 2005, by the following vote-to-wit AYES: COMMISSIONERS FLETCHER, McNIEL, McPHAIL, STEWART NOES• COMMISSIONERS NONE ABSENT COMMISSIONERS. MACIAS • • A-41 • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No DRC2003-01185 and SUBTPM16445 -MARK CAPELLINO This Mitigation Monitoring Program (MMP) has been prepared for use m implementing the mitigation measures identified in the Mitigated Negative Declaration forthe 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 m the adopted Resolution of Approval for the project 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported • 3 The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the project The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified m the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the 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 A 42 Mitigation Monitoring Program DRC2003-01185 and SUBTPM16445 Page 2 3 Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the protect planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the protect planner 4 The protect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form After each measure is verified for compliance, no further action is 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 by the protect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel • 7 The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring afterwntten 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 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DEVELOPMENT REVIEW DRC2003-01185 SUBJECT: DEVELOPMENT OF 11 INDUSTRIAL BUILDINGS APPLICANT MARK CAPELLINO (CAP BROTHERS CONSTRUCTION LOCATION: 9850 6TH STREET, APN 0209-211-19 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 a licant shall a ree to defend at his sole ex ense an action brou ht a ainst the City, its PP 9 P Y 9 9 _/_/_ 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 2 Copies of the signed Planning Commission Resolution of Approval No 05-24, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits 1 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, Development Code regulations 2 Prior to any use of the protect site or business activity being commenced thereon, ail Conditions _/_/_ of Approval shall be completed to the satisfaction of the City Planner SC-11-04 1 A 53 Protect No DRC2003-01185 Completion Date D. E. 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 Budding 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 City Planner 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 City Planner 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 adjacent properties 8 Trash receptacle(s) are required and shall meet City standards The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permrts 9 All ground-mounted utility appurtenances such as transformers, AC condensers, etc ,shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single- family residential developments, transformers shall be placed in underground vaults 10 All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination 11 All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits Building Design All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner Details shall be included in building plans 2 For commercial and industrial projects, paint roll-up doors and service doors to match main building colors Parking and Vehicular Access (indicate details on building plans) 2 SC-1-04 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 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) 2 -/-/- • _/_/ -/-/- -/-/- -/-/- -/-/- -/-/- / / -/-/- -/-/- -/-/- -/-/- -/-/- A 54 Project No DRC2003-01185 Completion Date • F. G. • 3 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards 4 Plans for any security gates shall be submitted for the City Planner, 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 5 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped 6 Motorcycle parking area shall be provided for commeraal and office facilities with 25 or more _/_/_ parking stalls Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent The area for motorcycle parking shall be a minimum of 56 square feet Tri p Reduction 1 Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects of more than 10 units Minimum spaces equal to five percent of the regwred automobile parking spaces or three bicycle storage spaces, whichever is greater After the first 50 bicycle storage spaces are provided, additional storage spaces requred are 2 5 percent of the required automobile parking spaces W arehouse distribution uses shall provide bicycle storage spaces at a rate of 2 5 percent of the required automobile parking spaces with a minimum of a 3-bike rack in no case shall the total number of bicycle parking spaces required exceed 100 Where this results in a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number 2 Carpool and vanpool designated off-street parking close to the building shall be provided for _/ /_ commercial, office, and industrial facilities at the rate of 10 percent of the total parking area If covered, the vertical clearance shall be no less than 9 feet 3 For industrial protects with at least 40 car parking spaces, bicyclist-changing facilities shall be _/_/ provided to encourage bicycle commuting Accessible restrooms with storage lockers for clothing and equipment shall be sufficient Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping m _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision 2 Existing trees required to be preserved in place shall be protected with a construction barrier in _/_/_ accordance with the Municipal Code Section 19 08 110, and so noted on the grading plans The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods 3 A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within _/_/_ commercial and office projects, shall be specimen size trees - 24-inch box or larger 4 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls 5 Trees shall be planted in areas of public view adjacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building SC-1-04 3 A 55 Project No DRC2003-01185 Completion Date 6 All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 7 All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2 1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq ft of slope area l -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 8 For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage 9 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department 10 Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along 6th Street 11 Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer 12 Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19 16 of the Rancho Cucamonga Municipal Code H. Signs 1 The signs indicated on the submitted plans are conceptual only and not a part of this approval Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs 2 A Uniform Sign Program for this development shall be submitted for City Planner review and approval prior to issuance of building permits I. Environmental 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 City Planner 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 J. Other Agencies 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 SC-1-04 4 / / / / / / / / / / / / / / / / / / / / -/-/- • A 56 Project No DRC2003-01185 Completion Date mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of ® building permits APPLICANT SHALL CONTACT THE 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) K. General Requirements • L. 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 Project Number (i e , DRC2003-01185) 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 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department Slte Development 3 SC-1-04 Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the project file number (i e , DRC2003-01185) 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 Prior to issuance of building permits for a new commercial or industrial development project 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 permits issuance Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits 5 -/-/- -/-/- -/-/ -/-/- -/-/- -/-/- -/-/- -/-/- A 57 Project No DRC2003-0 1 1 85 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) per City Standard (available at the Planning Department's public _/_/_ counter) M. New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations _/_/_ 3 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505 4 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 5 Openings in exterior walls shall be protected in accordance with CBC Table 5-A _/_/ 6 Upon tenant improvement plan check submittal, additional requirements may be needed _/_/_ N. Grading 1 Grading of the subject property shall be in accordance with California Bwlding Code, City Grading _/_/_ Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check 4 The final grading, appropriate certifications and compaction reports shall be completed, _/_/_ submitted, and approved by the Building and Safety Official prior to the issuance of 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 ®EPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS 0. 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 6th Street _/_/_ SC-1-04 6 A 58 Protect No DRC2003-01185 Completion Date P. 3 Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved 4 Reciprocal parking agreements for all parcels and maintenance agreements ensuring point maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map 5 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map 6 All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the final map 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 2 Construct the following perimeter street improvements including, but not limited to Street Name Curb & Gutter AC Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trad Median Island Bike Trail Other 6th Street X X (c) X X (e) 3 SC-1-04 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 outlets Improvement Plans and Construction a Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first b Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the Clty 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 7 -/-/- -/-/- -/-~- -/-/- _/_~ -/-/- -/-/. -/-/- -/-/. -/-/- A 59 Project No DRC2003-01185 Notes 1) Pull boxes shall be No 6 at intersections and No 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer f Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permits are required A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots h Street names shall be approved by the City Planner prior to submittal for first plan check 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 Project Engineer Mm Grow Street Name Botanical Name Common Name Space Spacing Size oty 6th Street Planting Areas of 1) 8' or More Magnolia grandiflora'Ma~estic Beauty' 8' 30' 15 Gal OC 2) 8' & Less Magnolia grandiflora 'St Mary' 3' 20' 15 Gal OC Construction Notes for Street Trees SC-1-04 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may 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 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 8 Completion Date -~-~. / / -~-~ / / -~-~. / / / / • C A 60 Project No DRC2003-01185 Q. Public Maintenance Areas ® 1 A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer R. Drainage and Flood Control Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas S. Improvement Completion If the required public improvements are not completed pnor to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for 6th Street T. Utilities 1 Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards Easements shall be provided as required 2 The developer shall be responsible for the relocation of existing utilities as necessary 3 Water and sewer plans shall be designed and constructed to meet the requirements of the 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 U. General Requirements and Approvals A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to budding permit issuance if no map is involved Prior to the issuance of budding 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 • SC-1-04 Completion Date -/-/- -/-/. -/-/. -/-/- -/-/- -/-/- -/-/- -/-/- -/-/. 9 A61 Project No DRC2003-01185 Completion Date APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS. V. 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 _/_/_ W. Security Hardware 1 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 2 All garage or rolling doors shall have slide bolts or some type of secondary locking devices _/_/_ X. Security Fencing 1 All businesses or residential communities with security fencing and gates will provide the police _/ /_ with a keypad access and a unique code The initial code is to be submitted to the Police Crime Prevention Unit along with plans If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at (909) 941-1488 or by contacting the Crime Prevention Unit at (909) 477-2800 extension 2474 or extension 2475 • Y. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/_/_ visibility 2 Developer shall paint roof top numbers on one or more roofs of this development They shall be _/_/_ a minimum of three feet in length and two feet in width and of contrasting color to background The stencils for this purpose are on loan at the Rancho Cucamonga Police Department APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • SC-1-04 10 A 62 RANCHO CUCAMONGA FIRE DISTRICT STANDARD CONDITIONS October 7, 2004 6th industrial Project 6th St between Archibald and Hermosa (12) Parcel Project DRC2003-01185 & SUBTPM16445 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT FSC-1 Public and Private Water Supply 1 Design guidelines for Fire Hydrants The following provides design guidelines for the spacing and location of fire hydrants a The maximum distance between fire hydrants in commeraal/industrial projects is 300-feet No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant For cul-de-sacs, the distance shall not exceed 100-feet. b The preferred locations for fire hydrants are ® i At the entrance(s) to a commercial, industrial or residential project from the public roadways n 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 1000 gpm of required fire flow or fraction thereof FSC-2 Fire Flow 1 The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2,125 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 with central station monitoring This requirement is made m accordance ® with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances A 63 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 protects that must extend the existing water supply to or onto the site Building permits will not be issued until fire protection water plans are approved. 4 On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed 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 Commercial or industrial structures greater than 7,500 square feet 2 All structures that do not meet Fire District access requirements (see Fire Access) 3 When the building access does not meet the requirements of the 2001 California Budding Code and the RCFPD Fire Department Access -Fire Lane Standard #9-7 • 4 When any applicable code or standard requires the structure to be sprmklered FSC-5 Fire Alarm System The California Building Code, the RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code require a listed fire sprinkler monitoring Central Station Fire Alarm system Plan check approval and a building permit are required Prior to the installation of the fire alarm system Plans and specifications shall be submitted to Fire Construction Services m accordance with RCFPD Fire Alarm Standard #10-6 FSC-6 Fere ®~sirect 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 Roadways Std #9-7 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 m elevation, gates and fences are deemed obstructions 2 A-64 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 24-feet c The minimum outside turn radius shall be 50-feet d The minimum radius for cul-de-sacs is 45-feet e The minimum vertical clearance is 14-feet, 6-inches f At any private entry median, the minimum width of traffic lanes shall be 20-feet 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% i 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 as follows a In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards b In buildings with high-piled storage access doors shall be provided m each 100 lineal feet or mayor fraction thereof, of the exterior wall that faces the required access roadways When railways are installed provisions shall be made to maintain Fire District access to ail required openings 4 Access Walkways Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings 5 Commercial/Industrial Gates Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #9-2 The following design requirements apply a The gate shall slide open horizontally or swing inward b Ali gates must open at the rate of one second for each one-foot of required width c When fully open, the minimum width shall be 20-feet d Gates are not required to be motorized Motorized gates must have a manual over ride or battery back up 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 # 05822 & # 05842 must be reproduced on the architectural plans submitted to B&S for plan review 3 A 65 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 m the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property • Aerosol Products Magnesium Working • Application of Flammable Finishes Motor Vehicle Fuel-Dispensing Operation • Automobile Wrecking Yards Open Burning • Battery Systems Organic Coating • Candles and open flames in public assemblies Ovens • Cellulose Nitrate Powder Coating • Compressed Gases Public Assembly • Cryogenics Pyrotechnical Special Effects • Dry Cleaning Plants Radioactive Materials • Dust-Producing Processes and Operations Refrigeration Systems • Explosive or Blasting Agents Repair Garages • Flammable and Combustible Liquids Rubbish Handling Operations • Fruit Ripening Plants Spraying or Dipping Operations • Hazardous Materials Tents, Canopies and/or Air Supported Structures • High-Pile Combustible Storage (HPS) Tire Storage • Liquefied Petroleum Gases Welding and Cutting Operations • LPG or Gas Fuel Vehicles in Assembly Buildings Wood Products/Lumber Yards 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 speafic 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 • A 66 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 m 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 m accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal has review and approved (2) applications for Alternate Methods. Per Alt. Method # 5822 Buildings 10 & 11 must be constructed with a sprinkler system capable of protecting a high hazard classification commodity stored in racks up to 20' Per Alt. Method # 5842 Buildings 2, 4, 6, & 8 sprinklers systems may be supplied from the hydrant loop. FCS-14 Map Recordation Reciprocal Access Agreement The plan as submitted indicate that the required Fire Department access ® a Crosses a property line b Is shared by multiple owners, and c Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval The recorded agreement shall include a copy of the site plan The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation The agreement shall be recorded with the Recorder's Office, County of San Bernardino 2 To assist Fire Construction Services m reviewing the agreement the following shall be included m the submittal a The current title reports to provide a legal description and proof of ownership for all properties included m the agreement b The assessor's parcel numbers of each parcel subject to the agreement c A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7 5 A 67 3 Reciprocal Water Covenant and Agreement The plans as submitted indicate that a required private fire mains or appurtenances a Crosses a property line b Is located on common space under the control of an owner's association, and c is shared by multiple owners Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation The agreement shall be recorded within the Recorder's Office, County of San Bernardino 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 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 project Please reference the RCFPD Water Plan Submittal Procedure Standard 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 6 A 68 PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed m accordance with Fire Construction Services' ® "Temporary Power Release Checklist and Procedures" PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1 Hydrant Markers• All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway 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 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 (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 m service 6 Fire Alarm System Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Sennces 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 9 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 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 en#rance Larger address numbers will be required on buildings located on wide streets or built with large setbacks mmulti-tenant commercial 7 A 69 and industrial buildings The suite designation numbers and/or letters shall be provided on the front and back of all suites 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 ®ccupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form This form provides contact information for Fire District use m 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 Pian: 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 A 70 ,~-.,. 9~ r ~~~ ~ K~J ~~ _~J T H E C I T Y O F ~ ._.. __ _ _ ....._.. _ _ _~.~..~__..._ r _ __ _, _ _ _ _ _ ~.. R A N C Fi C1 C U C A M O N G A t___._.._~_____ ____ -___ __ Stiff Report DATE September 26, 2007 TO Chairman and Members of the Planning Commission FROM James R Troyer, AICP, Planning Director BY Mike Smith, Associate Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18680 -THE WILLIAM FOX GROUP - A review of a proposed 3-unit subdivision for condominium purposes of a building to be constructed on a vacant parcel of 1 23 acre in the General industrial (GI) District, Subarea 13, located at 9275 Charles Smith Avenue - APN 0229-283-02 Related file Development Review DRC2007-00253 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW ® DRC2007-00253 -THE WILLIAM FOX GROUP - A proposal to construct a building of about 22,680 square feet on a vacant parcel of 1 23 acre in the General Industrial (GI) District, Subarea 13, located at 9275 Charles Smith Avenue - APN 0229-283-02 Related file Tentative Parcel Map SUBTPM18680 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration BACKGROUND The subtect site is the location of an industrial protect (related file Development Review DRC2002-00116) that was previously reviewed and approved by the City Planner on March 17, 2003 Due to design-related conditions of approval, the action was appealed by the applicant and reviewed by the Planning Commission on January 14, 2004 The Commission upheld the original conditions of approval and denied the appeal Their decision was appealed by the applicant and was reviewed by the City Council on February 18, 2004 The City Council upheld the decision and the appeal was denied The protect was never constructed and in the interim period the property was sold to a different developer The new protect has few, if any, similarities with the previous protect PROJECT AND SITE DESCRIPTION A Surrounding Land Use and Zoning North - OfficeM/arehouse Buildings -General Industrial (GI) District, Subarea 13 South - Refueling Station -General Industrial (GI) District, Subarea 13 East - I-15 Freeway, Office/Warehouse Buildings -General Industrial (GI) District, Subarea 14 ® West - Warehouse Buildings -General Industrial (GI) District, Subarea 13 Items B & C PLANNING COMMISSION STAFF REPORT SUBTPM18680 AND DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 Page 2 B General Plan Designations Project Site -General Industrial North - Generallndustrial South - General Industrial East - Generallndustrial West - Generallndustrial C Site Characteristics The project site is a rectangular parcel of about 330 feet (north to south) by 165 feet (east to west) The site is vacant and is dominated by short grasses and shrubs The property is bound on the east by the I-15 Freeway To the north is a small office/warehouse complex comprised of two buildings, while to the south is a refueling station Across the street, are numerous warehouse buildings ranging in size between 50,000 to 200,000 square feet The zoning of the property and ail surrounding properties is General Industrial (GI) District, Subarea 13 The subject property is generally level with an elevation at the north and south sides of about 1,083 feet and 1,077 feet, respectively D Parking Calculations T e of Use Square Foota e Parking Ratio Number of Spaces Re wired Suite A 8,317 Office on 1st Floor 2,760 1 /250 11 Office on 2nd Floor 2,760 1/250 11 Warehouse 2,797 1/1000 3 Suite B 5,864 Office on 1st Floor 1,527 1 /250 6 Office on 2nd Floor 1,527 1 /250 6 Warehouse 2,810 1/1000 3 Suite C 8,317 Office on 1st Floor 2,760 1 /250 11 Office on 2nd Floor 2,760 1/250 11 Warehouse 2,797 1 /1000 3 Total 22,498 Total Re wired 65 Total Provided 66 ANALYSIS .7 A General The applicant proposes to construct two-story office/warehouse of 22,680 square feet The applicant proposes to orient the primary elevation of the building towards the I-15 Freeway (Exhibit D) The building will be comprised of three units of approximately similar floor area and layout The office areas will be located along the east B&C-2 PLANNING COMMISSION STAFF REPORT SUBTPM18680 AND DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 Page 3 side of the building with their corresponding entrances facing the freeway The applicant has explained that they are orienting the building this way because they want to optimize its exposure to the freeway The building will have three (3) roll-up doors to allow access to the warehouse area of each unit Because of the layout of the building, the doors are not located next to each other or on the same building elevation Instead, there will be one door on each side except the west, facing the street (Exhibit H) There will be two points of access via Charles Smith Avenue In addition to the first floor office and warehouse area, each unit will have the potential for a second floor Although it may be used for storage only depending on needs, staff directed the applicant to provide adequate parking to allow for the possibility of offices on the second floor Sixty-six parking stalls for employees and customers will be provided with the majority of these at the east side of the project site The remainder will be at the south and north sides of the site There will be no dedicated truck parking, however, there will be adequate space for loading/unloading at the roll-up doors Landscape coverage is 16 2 percent, the minimum requirement is 12 percent for this development distract B Tentative Parcel Map SUBTPM18680 In conjunction with this application, the applicant proposes to subdivide the property into three (3) condominium units that correspond with the individual suites The proposed map complies with the City's design and development standards C Gradmg and Technical Review Committees The Grading Review Committee (Addington ® and James) reviewed the application on August 14, 2007 The Committee accepted the application and recommends approval Their conditions have been incorporated into the Resolution of Approval D Design Review Committee The Committee (Stewart, Munoz, and Diaz) reviewed the project on August 14, 2007 (Exhibit J) In response to staffs Design Review comments, the applicant revised the architecture of each building to incorporate more glazing and stackstone veneer on the West Elevation The Committee requested additional changes (with a recommendation of approval contingent on the completion of these revisions), including the exchange of the location of the trash enclosure with the employee lunch area, and the elimination of the security/screen gates across the driveways The applicant made these revisions as requested (Exhibit D and H) The Committee's Standard Conditions have been incorporated into the attached Resolution of Approval E 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 the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to biological resources, hydrology and water quality, noise, and air quality, there would be no substantial evidence that the project 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 A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project Following the circulation of the Initial Study to various agencies as required, staff received a letter from the South Coast Air Quality Management District (SCAQMD) citing errors in staff's analysis (Exhibit I) After reviewing their response and evaluating their concerns m relation to the size and scope of the project, B&C-3 PLANNING COMMISSION STAFF REPORT SUBTPM18680 AND DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 Page 4 staff determined that the project was consistent with the General Plan and the findings and mitigations were specified m the corresponding environmental studies that were prepared with that document and it was determined that no further analysis was warranted RECOMMENDATION Staff recommends approval of Development Review DRC2007-00253 and Tentative Parcel Map SUBTPM18680 through the adoption of the attached Resolutions of Approval with conditions Respectfully submitted, . ~ James Troyer, AICP Planning Director JRT MS/ge Attachments Exhibit A -Location Map Exhibit B -Aerial Map Exhibit C -Site Utilization Map Exhibit D -Site Plan and Tentative Parcel Map 18680 Exhibit E -Grading Plan Exhibit F -Floor Plans Exhibit G • -Roof Plans Exhibit H -Elevations and Building Sections Exhibit I -South Coast Air Quality Management District (SCAQMD) Letter Exhibit J -Design Review Committee Action Comments dated August 14, 2007 Exhibit K -Initial Study Parts I and II Draft Resolution of Approval for Development Review DRC2007-00253 Draft Resolution of Approval for Tentative Parcel Map SUBTPM18680 • B&C-4 11 i i ,. - 7 . _ ~ ~E ~ e r ~ ~ ! E ; .a~_ _ 1-. f f ~yy ~1 ~ 3 C. 1 E k. FY r ~ ~ y ~ '. .\ ~ f _ 4 r ~ F 'L,~.l1~ }lll'111 4 s.E!d1E.l~ S~ 1i ~ ~ 3 . oe `o 1 ~~~. ~ ~ , ® f ^ ~ t ~ ~~~_ ~y tti'1yti , , ~ i _`t ~ ~ ~ 1 - ~ 1~ ~ . / i T: OAV CREEK BL .. ~ +y ~ ~ ~ - __ __. r __ L . ~ ~ ~ ! F .,„.,~ . ..,....,.... ~ . k ? ~R: ~~' .. U E Y't'~!6 ,,,~ . , . AY rL NV tl1NY8 ,„ ti ~"~L, ~"~~ ` .. _, ti F ~ 3 ~~~~%Nn4`'_ +F_ ~___ _"" ~ __ k ~ r _-~._ ti ~ ' ` ' ~_ ~1eu iE S, ~ j ---•-~•-• ~-----•......_ _ . ~ ~ ~ E .i...d. ROCHESTER AV ~ ...__._._...~..__.~__._~ ~ ' r _.._ ._-.47~~4.,a%tUlAY..... _ f .. ._..._... .,,L i wowrr ~ u ~ d ,(+ G,~ l ~ R ~ 01 r 5 9 fK~v ~/y U' "~ ~ ~., F '~ 1{ ~ c ~ ~__ LfEaidwGi~. 1 E ll ~ d F ¢y l t ~ [ ,.., .. ~ - ~ ~~ ix` a ~~ ~.ox~~ .,. _ ~, ., ~ _ ~ g~ ' ~ ` e ~ a- a~ ~~ ~~ • ~ ~ E ;~ $j `~ g Y MILLIKEN AV ~ . - _ ~ RR~~~~ s~w ~I ~ s ~ E Ile _ . __~_._~~... ,~,, , g N_ ,,..,,--~_ ~ ~ ~ g _ ~~. 7 ~~ €~.~ ~~ ~~~ ~~ -`°~r...-.., ~i ~ ~ .._x,P~._~: ~ ~ f, _ o x> a 4~~ °' PEEO,~ ~. ~~ o BV „.r ;~ ~ j G o~- ~' 3f ~' EXHIBIT A #iAVEN AV ~ ~ d' ", "~ ~ p ~ s ~~~ 1~ 3wl ''~ V ^ ttP....,..,av~nx~Y..m._... I ~ ~ ss s E 1 ~ ~ ~i s ~ ~ ~ ~ - »<E,.. ceN.EM1.~ ,_ 3~~~ C ~s5 ~~ ~e 2 gj 9~ ~~~ DEVELOPMENT REVIEW DRC2007-00253 TENTATIVE PARCEL MAP SUBTPM18680 Y s ~k ur s ~^~ ~ ~ ~~~ 4~ ~ ,i ~ ~ F `~ dr w ~ ,.~ .~ h ~' t ~ v .. ~, rL. ~ "+` ~ ~ ~ ~ ~ ~y ~" _ , irk f• ~tk=. try 'r 5 A ~ ~' ~ vt-~ ;~ ~vt ~ ~4^ e ~~$~'E~(~1t ~~''~ ~; t ~ ~ s t{ k ~ ~.+ ~~~3 ,..i r,s,. ~' ~~ ^~ f,~ 4 kf 7 ~~'v~ c"va'a ''~'~=~..L 3~"~"'~~ ~F .~ +a~e~n.. y + ". ;~~p °~ x ~ ~ '~a vl ~4~,. ' ar ' e ~ Jr.~'. '~,''' i a x ",~ ~ ~ ~ '~ ~'~ ' ~ (' ~.. ~, _ ~~~. e~~,~ ~ ~ ~ I - ti t d t f5R ~ u (Pa~., 'y.Vi cv~.i~°~ ~ j y~S,'it fj~y7~r ~":A ~ ~' I x :ks ~ 3 ,.-i-a'. ' ~ I ' f ~4 ~ ~ _ ~ i~ E j~f`~~~ r ~~ J Y F~ ~~g}}.y1~ a~~ } ~ up M1 I -+ I r~ r;,~~x >+ 1 r' r~ ~ a d ~. SF I ys~ +' r ~ P''~ .raa~ '~ ~ u: ~ ~ ~ ~, , ~ .,.~ _ ~ ~ s i~""ffir xaw..w i ~~~ s 1.3 a µ "F~~~~~` ~ ~. a ', ~ ~? "$ Zf ~ ~ . ~~,~, ~ ~,.,y.y~.~y ~ y~ ~ ~~ '~' ~ '1 .fig f ~+ F~ rV i7H^p~~ .~'!b hd: rum i ~t°!N >' f l§r~'i 1 J rJ~~ q ~ { `~1 w li`Y w. 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I W a_p-- - I - - a - - - a - - - a ' ~ ~ o s o-L o-1 o-1 o-4 o-s o-1 o-1 o-L o-4 ~ o- ~ o-s o-L o-L o-L o-s m m ~ o- es o- es o- es ~ ~- ~ ~ ^nnioi ~ n B&C-13 o~~ ®~ Ra~c~lu cucA~o~oR South Coast ~ ~r-~,~ Air 1' ~uG ~ ~ ~oo~ ~ Qua ity Management Dlstrlct 21865 Coley Dnve, Diamond Bar, CA 9 1 765-41 78 ~ ~' ~ (909) 396-2000 • www agmd gov ~~C~~vE~ - ~~A.~~l~~~ FAXED AUGUST 22, 2007 August 22, 2007 Mr Mike Smith, Associate Planner City of Rancho Cucamonga Planning Department 10500 Civic Center Dnve Rancho Cucamonga, CA 91730 Draft Mitigated Negative Declaration for the Proposed Development Review DRC2006- 00986 - 81,572 Square Foot Industrial Building on 4.77 acres The South Coast Air Quality Management District (SCAQMD) appreciates the opportunity to comment on the above-mentioned document Based on the SCAQMD staff's review of the proposed project, the analysis should be revised and the document should be recirculated for public review Should quantification of impacts result m emissions that exceed the SCAQMD's recommended air quality significance thresholds, an environmental impact report is warranted • The SCAQMD would be happy to work with the Lead Agency to address these issues and any other questions that may arise Please contact Gordon Mize, Air Quality Specialist -CEQA Section, at (909) 396-3302, if you have any questions regarding these comments Sincerely, ~~ s, Steve Smith, Ph D Program Supervisor, CEQA Scctior, Planning, Rule Development & Area Sources Attachment SS GM SBC070801-01 Control Number • EXHIBIT I a,~.,s Mr Mike Smith, Associate Planner August 22, 2007 Lead A~ency Does Not Estimate Construction/Operational Emissions • The SCAQMD has repeatedly advised the lead agency that the general plan analysis using URBEMIS7G is woefully out of date because the model relies on EMFAC7G on-road mobile source emission factors, which have since been updated several times Relying on a model using EMFAC7G emission factors substantially underestimates mobile source emissions Further, URBEMIS7G relies on tnp generation rates from a version of the ITE Trip Generation Manual that has been obsolete for a number of years The URBEMIS model continues to be updated to reflect the most current on- and off-road emission factors, trip generation rates, and methodologies available The most current version of the model, URBEMIS2007 version 9 2, was released in early June 2007 and is available to lead agencies to assist them with calculating project-specific impacts for projects in their ~unsdiction Alternatively, the lead agency can calculate air quality impacts using the SCAQMD's CEQA Air Quality Handbook, as long as the most current emission factors are used Some of the advantages of using the URBEMIS2007 model, in addition to the fact that it relies on the most current on- and off-road emission factors, are that rt also calculates PM2 5 emissions (see comment #2) and CO2 emissions CO2 is a greenhouse gas The lead agency should be aware that the Attorney General has indicated that an EIR or MND must analyze greenhouse gas emissions For this reason and based on the passage of AB32 and recent litigation over CEQA documents, the SCAQMD is advising lead agencies to quantify greenhouse gas emissions Because the lead agency has not quantified project-specific air quality impacts from the • proposed project, it has not demonstrated that the proposed project will not generate significant adverse construction or operational air quality impacts that may trigger further analysis pursuant to the California Environmental Quality Act The lead agency can download the current URBEMIS 2007 land use emissions model at http //www urbemis coin or, as previously mentioned, follow the calculation methodologies m Chapter 9 and the Appendix to Chapter 9 m the South Coast AQMD's CEQA Air Quality Handbook, as long as the most current emission factors are used PM2.5 Significance Thresholds 2 In response to adoption of PM2 5 ambient air quality standards by U S EPA and GARB, SCAQMD staff has developed a methodology for calculating PM2 5 emissions when preparing air quality analyses for Cahforma Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents To determine if PM2 5 air quality impacts are significant, SCAQMD staff has also developed recommended regional and localized significance thresholds When preparing the air quality analysis for the proposed project, rt is recommended that the lead agency perform a PM2 5 significance analysis by following the guidance found at http //www agmd Gov/cega/handbook/PM2 5/PM2 5 html Further, SCAQMD staff has compiled mitigation measures to be implemented if the PM2 5 impacts or other pollutant air quality impacts are determined to be significant Mitigation B&C-16 Mr Mike Smith, 2 August 22, 2007 Associate Planner measure suggestions can be found at • http //www agmd og v/cega/handbook/mrtigation/MM intro html Localized Significance Thresholds As noted on page 7 of the Draft MND, the proposed project is located wrthm one-quarter mile of sensitive receptors Therefore, the SCAQMD requests that the lead agency evaluate localized air quality impacts to ensure that any nearby sensitive receptors are not adversely affected by the construction activities that are occurring in close proximity SCAQMD guidance for performing a localized air quality analysis can be found at the following web address http //www agmd og v/cega/handbook/LST/LST html CO Hotsgots Analysis 4 In the Transportation/Traffic Section 15 a through 15 g, the lead agency discusses transportation impacts but does not disclose potential project traffic impacts for intersections potentially affected by the proposed project The lead agency concludes, "The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated" and that the proposed project "will not create a substantial increase in the number of vehicle trips, traffic volume, or congestion m nearby intersections" but does not provide even a summary of a current traffic study to support that finding For the purposes of evaluating the proposed project's traffic impacts for CO hotspots analysis, the lead agency should at minimum include the following in the final CEQA document to demonstrate that ® the potential for CO hotspots is less than significant The lead agency should identify the intersection(s) that would be affected by the proposed project, quantify the level of service and volume to capacity effects of the proposed project Quantifying existing traffic volumes, the proposed traffic impacts and the impacts from any proposed mitigation measures are important because the results may warrant performing a CO hotspots analysis The SCAQMD recommends that a CO hotspots analysis should be performed for any intersection where the LOS declines from C to D or for any intersection rated D or worse where the project increases the volume to capacity ratio by two percent or more Should the lead agency, after estimating the proposed project's traffic impacts, believe that a CO hotspots analysis a warranted, please refer to the most c~~:rrent Cal Trars guidance regarding performing a CO hotspots analysis This information can be obtained at the following mternet address http //www dot ca rov/hq/env/air/coprot/htm Health Risk Assessment On page 6 in Part I of the Initial Study, the lead agency states that the project will consist of 70,818 square feet of warehouse usage Depending on the number of truck trips to and from the warehouse, a mobile source health risk assessment may be warranted The SCAQMD has developed a methodology for estimating cancer risks from mobile sources m a document entitled Health Risk Assessment Guidance for Analvzina Cancer Risks from Mobile Source Diesel Emissions This document can be downloaded from the AQMD's CEQA web pages B&C-77 Mr Mike Smrth, Associate Planner August 22, 2007 at the following URL http //www agmd ov/cega/handbook/mobile toxic/diesel anal sib • Operational Mitigation Measures 6 The SCAQMD recommends that the lead agency modify mitigation measure #10 on page 6 in Part II of the Initial Study m order to comply with state law • All industrial and commercial facilities shall post signs requiring that trucks shall not be idling for prolonged periods (i e , in excess of -x-95 minutes) B&C-18 • DESIGN REVIEW COMMENTS 7 30 p m Mike Smith August 14, 2007 TENTATIVE PARCEL MAP SUBTPM18680 -THE WILLIAM FOX GROUP - A review of a proposed parcel map for condominium purposes m the General Industrial (GI) District, Subarea 13, located at the east side of Charles Smith Avenue, about 1,000 feet south of 6th Street -APN 0229-283-02 Related file Development Review DRC2007-00253 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00253 -THE WILLIAM FOX GROUP - A proposal to construct a building of about 22,680 square feet on a vacant parcel of 1 23 acre in the General Industrial District, Subarea 13, located at 9275 Charles Smith Avenue -APN 0229-283-02 Related file Tentative Parcel Map SUBTPM18680 Design Parameters The project site is a rectangular parcel of about 330 feet (north to south) by 165 feet (east to west) The site is vacant and is dominated by short grasses and shrubs The property is bound on the east by the I-15 Freeway To the north is a small office/warehouse complex comprised of two buildings while to the south is a refueling station Across the street are numerous warehouse buildings ranging in size between 50,000 to 200,000 square feet The zoning of the property and all surrounding properties are within the General Industrial (GI) District, Subarea 13 The subject property is generally level with an elevation at the north and south sides of about 1,083 and 1,077 feet, respectively ® The applicant proposes an office/warehouse of 22,680 square feet The building will be subdivided into three condominium units with their own office and warehouse spaces In addition to the first floor, the office each of the units will have a second floor office The office areas will be located along the east side of the building with their corresponding entrances facing the freeway The building will have three roll-up doors to allow access to the warehouse area of each unit Because of the layout of the building, the doors are not located next to each other or on the same building elevation Instead there will be one door on each side except to the west (facing the street) There will be two points of access via Charles Smith Avenue Sixty-four parking stalls for employees and customers will be provided with the majority being located at the east side of the project site The remainder will be at the south and north sides of the site There will be no dedicated truck parking, however, there will space for loading/unloading at the roll-up doors Landscape coverage is 16 2 percent, the minimum requirement is 12 percent for this development district The proposed building will be of concrete tilt-up construction painted with a palette of four different colors An additional primary material will be stackstone veneer while a secondary material will be glass panels Key features include tower elements with raised parapets and stone-veneered flared "legs " Each office area has a canopy over its respective entry Glass is generously incorporated around each office area on both floors, at the towers, and at equal intervals along the east elevation Glass panels are provided to a lesser extent along the west elevation stackstone veneer will be applied to the "legs" of each tower element The midpoint tower at the east elevation will have stackstone applied to its entire face while the midpoint tower at the west elevation will have this veneer limited to the lower 13 feet of its face The top edge of the parapets at each tower element will incorporate aform-lined relief ® Staff Comments The following comments are intended to provide an outline for Committee discussion EXHIBIT) a,~,9 DRC ACTION AGENDA SUBTPM18680 AND DRC2007-00253 -WILLIAM FOX GROUP August 14, 2007 Page 2 Mayor Issues The following broad design issues will be the focus of Committee discussion regarding this project In general, architectural elements have not been uniformly applied The following changes are recommended Provide additional glass panels on the west elevation This elevation faces Charles Smith Avenue and, in comparison to the east elevation, is relatively bare 2 Apply stacked stone on the entire face of the midpoint tower located at the west side of the building to match the tower located on the east side of the building 3 Provide a continuous form-lined relief along the entire top edge of the parapet 4 Indicate the potential or target uses for the proposed center and how on-site parking was determined and will be maintained by the property owner to support future uses Based on submitted plans, on-site parking has been calculated for a warehouse use with limited office areas This means that future alterations to the office areas or allowing a more intensive use will not be allowed because of inadequate on-site parking to support these potential changes Prospective tenants must be notified of these limitations Secondary Issues Once all of the mayor issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues Add overhead trellis at the employee lunch area The overhead trellis shall have cross members spaced no more than 18-inch on center with minimum dimensions of 4 inches by 12 inches Also, each support column shall have a decorative base that incorporates the architectural finishes/trim used on the building such as stacked stone and decorative cap The trellis shall be painted to match the building 2 Provide a draft Uniform Sign Program for the project including drawings indicated overall quantity and placement of signs on the building and site A final approved sign program is required prior to the installation of any signs at the site Policy Issues The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion Incorporate undulating berms along the Charles Smith Avenue frontage within the landscape setback and landscape areas 2 Landscaping along the shared property line with the I-15 Freeway shall include a minimum of one 24-inch box tree per 3 parking stalls, shrubs spaced 18 inches on center, and appropriate ground cover 3 All ground-mounted equipment, utility boxes including transformers, and back-flow devices shall be surrounded by a minimum of two rows of shrubs spaced a minimum of 18 inches on center 4 Decorative paving shall be provided at the primary vehicular access point on to the site 5 All doors (roll-up, dock doors, emergency access) shall be painted to match the color of the adjacent wall or glass panel B&C-20 DRC ACTION AGENDA SUBTPM18680 AND DRC2007-00253 -WILLIAM FOX GROUP August 14, 2007 • Page 3 6 Provide durable street furniture in the outdoor employee eating area, such as tables, chairs, waste receptacles 7 All wrought iron fences and sliding gates shall be painted black or similarly dark color Staff Recommendation Staff recommends that the project be revised, as noted above, and resubmitted for review by the Committee prior to being forwarded to the Planning Commission for review and action Design Review Committee Acton Members Present Munoz, Stewart, Nicholson Staff Planner Mike Smith The applicant submitted revised elevations incorporating changes requested by Staff Specifically, they increased the application of glass panels on the west elevation, have added stackstone veneer to the full height of the middle `tower' element on the west elevation, and incorporated a reveal along the top edge of the parapet on all elevations The Design Review Committee recommends approval to the Planning Commission of the revised project with the additional following revisions requested by the Committee Staff will verify that all improvements have been completed prior to the public hearing 1 Eliminate the `flaring' of the legs of the tower elements The towers shall have a conventional vertical design consistent with other industrial buildings 2 Eliminate the access gates located at the north and south sides of the building 3 Shift the employee lunch area to a more suitable location near one of the main entrances of the building It was suggested to exchange its location with one of the trash enclosures 4 Provide enhanced landscaping along the Charles Smith Street frontage, especially near the rear doors 5 A Uniform Sign Program shall be submitted The applicant shall provide a draft for review by Staff prior to issuance of Building Permits B&C-21 ENVIRONMENTAL INFORMATION FORM (Part I -Initial Study) Cary of Rancho Cucamonga (Please type or print clearly using -nk Use the tab key to move from one Ime fo the next line Planning D~v~sion (909) 477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA It is important that the information requested in this application be provided in full. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED Please note that rt rs the respons-bil~ty of the applicant to ensure that the application rs complete at the time of submittal, C-ty sfaff will not be available to perform work required to prowde mrss-ng information Application Number for the project to which this form pertains DRC2007-OO~j and SUBTMP~6~' ~~6~ Project Title Name & Address of pro~ecf owner(s) Bill Fox The William Fox Group, Inc 3333E Concours St Bldg 7, Ste 7200 Ontario, CA 91764 Name & Address of developerorpro~ect sponsor The William Fox Group, InC Contact Person & Address Ruben Warren, Project Manager, The William Fox Group, Inc 3333E Concours St Bldg 7, Ste 7200 Ontario, CA 91764 Name & Address of person preparing this form (if different from above) Telephone Number (909) 635-4003 or 373-8133 EXHIBIT K Page 1 of 9 Created on 4/3/2007 1 02 00 PM B&C-22 ~i `1) Provide a full scale (8-1/2 x 11) 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 site, and representative views of significant features from the site Include a map showing location of each photograph 3) Project Location (describe) g275 Charles Smith Avenue 4) Assessor's Parcel Numbers (attach additional sheet if necessary) 0229-283-02 "5) Gross Srte Area (ac/sq ft) 1 25 *6) Net Site Area (total site size minus area of public streets & proposed dedreat~ons) 1 23 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach addrt~onal sheet rf necessary) N/a 8) Include a description of all permits which wdl be necessary from the Crty of Rancho Cucamonga and other governmental agencies rn order to fully implement the project WQMP, BMP, WDID, Grading and Building Permits 9) Describe the physical setting of the site as rt exists before the project including information on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects Describe any existing 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 (i a ,geological and/or hydrologic studies, biotic and archeological surveys, traffic studies) The lot is generally flat or level Without any improvements the north is bordered by an industrial commercial building The south side is adjacent to a truck filling station The west is Charles Smith Avenue and the east is bordered by the 15 Freeway Vacant, infill lot Lot was previously approved for development (DRC2002-00116) CharlesSmithEnvirinfo Page 2 of 9 Created on 4/3/2007 1 02 00 PM B&C-23 Information rnd~cated by an asterisk (") rs not required ofnon-construction CUP's unless otherwise requested by staff u 10) Describe the known cultural and/or h~stoncal aspects of the site Cite all sources of ~nformat~on (books, published reports and oral history) None on record City pamplets and books • 11) Descnbe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc) and how they will affect proposed uses The noise that may affect the site are minimal and come from the freeway 12) Descnbe the proposed project in detail This should provide an adequate description of the site ~n terms of u/t~mate use that will result from the proposed project Indicate if 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) if necessary The tilt-up constructed building is speculative which does not have any prospective tenants It is possible that the occupants would be for industrial or commercial utilization CharlesSmithEnvirlnfo Page 3 of 9 Created on 4/3/2007 1 02 00 PM B&C-24 13) Describe the surrounding properties, including information on plants and arnmals and any cultural, historical, or scenrc 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 east, west, north and south are fully improved and developed Proposed development is,of similar scale 14) Will the proposed project change the paftem, scale or character of the surrounding general area of the pro~ect~ The proposed development is in the spirit and character of existing adjacent development 15) Indicate the type of short-term and long-term noise to be generated, including source and amount How will these • nose levels affect adjacent properties and on-site uses What methods of soundproofing are proposed Because the building does not have a tenant, the amount of noise is unknown However, it is highly unlikely any noise will emanate from the building "16) Indicate proposed removals and/or replacements of mature orscen~c trees There are no trees on the property 17) Indicate any bodies of water (rncluding domestic water supplies) into which the site drains There are no known bodies of water into which the site drains CharlesSmithEnvirlnfo Page 4 of 9 Created on 4/3/2007 1 02 00 PM B&C-25 18) Indicate expected amount of water usage (See Attachment A for usage estimates) nor further clarification, please contact the Cucamonga County Water Drstnct at 987-2591 a Residential (gal/day) Peak use (gal/Day) b Commercial/Ind (gal/day/ac) 3,500 00 Peak use (gal/min/ac) 5,250 00 19) Indicate proposed method of sewage disposal ^ Sepbc Tank ®Sewer If septic tanks are proposed, attach percolation tests /f discharge to a sanitary sewage system is proposed indicate expected daily sewage generation (See Attachment A for usage estimates) For further clanficat~on, please contact the Cucamonga County Wafer Drstnct at 987-2591 a Residential (gal/day) b Commercial/Industrial (gal/day/ac) 3,000 RESIDENTIAL PROJECTS: 20) Number of residential units Detached (indicate range of parcel sizes, minimum lot size and maximum lot size Attached (indicate whether units are rental or for sale units) • 21) Anticipated range of sale prices and/or rents Sale Price(s) $ to $ Rent (per month) $ to $ 22) Specify number of bedrooms by unit type 23) Indicate anticipated household size by unit type CharlesSmithEnvirinfo Page 5 of 9 Created on 4/3/2007 1 02 00 PM B&C-26 24) Indicate the expected number of school children who will be residing within the project Contact the appropriate School Districts as shown in Attachment 8 a Elementary 0 • b Junior High 0 c Senior Hrgh 0 COIV~IVIERCiO~L. ilV®iJ~Tf~fAL AlV® iiVSTITlJT1®fii~4L F'R®JECT~ 25) Describe type of use(s) and mayor function(s) of commercial, industrial or institutional uses Light and medium Industrial warehouse, commercial or retail business operations are contemplated for the building 26) Total floor area of commercial, industrial, or rnst~tutional uses by type 22680 5q ft multiuse 27) Indicate hours of operation Unknown at this time 28) Number of employees Time of Maximum Shift 29) Provide breakdown of anticipated fob classifications, including wage and salary ranges, as well as an indication of the rate of hire for each classification (attach addrt~onal sheet if necessary) Unknown at this time 30) Estimation of the number of workers to be hired that currently reside in the City t *31) For commercial and industrial uses only, indicate the source, type and amount of air pollution emissions (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283) AQMD's URBEMIS results are attached Total Unknown at this time Maximum Shift • CharlesSmithEnvirlnfo Page 6 of 9 Created on 4/3/2007 1 02 00 PM B&C-27 ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to deterrrrrne them ability to ® provide adequate service to the proposed pro~ect~ If so, please indicate them response Yes, they will serve 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 matenals include, but are not limited to PCB's, radroact~ve substances, pesticides and herbicides, fuels, oils, solvents, and other flammable liquids and gases Also nofe underground storage of any of the above Please Irst the matenals and descnbe fherr use, storage, and/or discharge on the property, as well as the dates of use, rf known None are known 34) Will the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic ® matenals, including but not limited to those examples listed above If yes, provide an -nventory 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 application plans None I 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 /further understand that additional information maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga Date 4/3/07 Signature T-tle Project Man ChariesSmithEnvirinfo Page 7 of 9 Created on 4/3/2007 1 02 00 PM B&C-28 ATTACHMENT A Water Usage Average use per day Residential Single Family Apt/Condo Commercial/Industrial General and Regional Commercial Neighborhood Commercial General Industrial Industrial Park Peak Usage For all uses Average use x 2 0 Sewer Flows Residential Single Family Apt/Condos Commercial/Industrial General Commercial Neighborhood Commercial General Industrial Heavy Industrial Source Cucamonga County Water District Master Plan, 6/00 600 gal/day 400 gal/day 3,000 gal/day/ac 1,500 gal/day/ac 2,500 gal/day/ac 3,000 gal/day/ac 270 gal/day 200 gal/day 2,000 gal/day/ac 1,000 gal/day/ac 1,500 gal/day/ac 3,000 gal/day/ac CharlesSmithEnvirinfo Page 8 of 9 Created on 4/3/2007 1 02 00 PM B&C-29 ATTACHMENT B ®Contact the school distract for your area for amount and payment of school fees Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etiwanda 5959 East Avenue P O Box 248 Rancho Cucamonga, CA 91739 (909) 899-2451 High School • Chaffey High School 211 West 5th Street Ontano, CA 91762 (909) 988-8511 CharlesSmithEnvirinfo Page 9 of 9 Created on 4/3/2007 1 02 00 PM B&C-30 it rii i ~ a JI ro ~i 11 !I I. .~ llJ2/? - ,! 5b 1 n ~'-H 11 17 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'ptGld d ~.3r, 'fl a 6{ ~ n.Fia ~ ~ n ~ { g s ~~}C r~`} ~'tY Y ~ y «x '~ .~ w { • • B • • • ~ ~ ~ ' ~ ~~ s K ~ F 4 ~~v~ ~~, - ~ .t '~' ~ r <t,., i r d T~r'.''k~r'.r4 ~ D V E F C • -~; tti ,,a - ~,~ `v - „ , __~` • City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND Protect File Development Review DRC2007-00253 2 Related Files Tentative Parcel Map SUBTPM18680 3 Description of Protect Development Review DRC2007-00253 - A proposal to construct a building of about 22,680 square feet on a vacant parcel of 1 23 acre m the General Industrial (GI) District, Subarea 13, located at 9275 Charles Smith Avenue -APN 0229-283-02 Tentative Parcel Map SUBTPM18680 - A review of a proposed 3-unit subdivision for condominium purposes to be constructed on a vacant parcel of 1 23 acre m the General Industnal (GI) District, Subarea 13, located at 9275 Charles Smith Avenue -APN 0229-283-02 4 Project Sponsor's Name and Address Ruben Warren The William Fox Group, Inc 3333E Contours Street, Building 7, Suite 7200 Ontario, CA 91764 5 General Plan Designation General Industrial 6 Zoning General Industrial (GI) District, Subarea 13 7 Surrounding Land Uses and Setting (Briefly describe the project's surroundings) The project site is a rectangular parcel of about 330 feet (north to south) by 165 feet (east to west) The site is vacant and is dominated by short grasses and shrubs The property is bound on the east by I-15 To the north is a small office/warehouse complex comprised of two buildings, while to the south is a refueling station Across the street, are numerous warehouse buildings ranging in size between 50,000 to 200,000 square feet The zoning of the property and all the surrounding properties is General Industrial (GI) District, Subarea 13 The subject property is generally level with an elevation at the north and south sides of about 1,083 feet and 1,077 feet, respectively 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 Mike Smith (909) 477-2750 10 Other agencies whose approval is required (e g , permits, financing approval, or participation agreement) None B&C-36 initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 2 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 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 (x) Aesthetics O Agricultural Resources (x) Air Quality (x) Biological Resources (x) Cultural Resources (x) Geology & Soils ()Hazards & Waste Materials (x) Hydrology & Water Quality ()Land Use & Planning ()Mineral Resources (x) Noise ()Population & Housing ()Public Services ()Recreation () Transportation/Traffic ()Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation (X) I find that although the propose r~ will not be a significant effect in his agreed to, by the protect prop ent Prepared By Reviewed By ~ a y-. ~~ Date ~~,z t~~a / e Q~- 1~ ~ • • Id have a significant effect on the environment, there pause evasions in the protect have een made by, or TE NEGATIVE DECLARATIO will e prepared Date o Rev 3/13/07 B & C- 37 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 3 Less Than Signficant Less Issues and Su ortin Information Sources PP g Potentially Sigrnficant With Mitigation Than Significant No Im act Incor orated Im act Im act EVALUATION OF ENVIRONMENTAL IMPACTS 1 AESTHETICS Would the project 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 project site contains no scenic resources and no historic buildings within a State Scenic Highway There are no State Scenic Highways within the Ctty of Rancho • Cucamonga c) The site is located on the east side of Charles Smith Avenue about 1000 feet south of 6th Street and is characterized by industrial development on all sides except to the east Immediately to the east is I-15 Freeway 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 Imes and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures m 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 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 Rev 3/13/07 B&C-38 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 4 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Significant With Mitigation Than Signrficant No Im act Incor orated Im act Im act Comments a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance The site is located on the east side of Charles Smith Avenue about 1000 feet south of 6th Street and is characterized by Industrial development on all sides except to the east Immediately to the east Is the I-15 Freeway There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the Clty 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 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 on the east side of Charles Smith Avenue about 1000 feet south of • 6th Street and is characterized by industrial development on all sides except to the east Immediately to the east Is I-15 Freeway The nearest agricultural use, a commercial nursery within a Southern California Edison utility corridor, Is more than 1 mile to the north to northeast of the project site Therefore, no adverse impacts are anticipated 3 AIR DUALITY 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 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 Rev 3/13/07 B&C-39 initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 5 • Less Than Signdicant Less Issues and Su ortin Information Sources pp g Potentially Significant With Mdigation Than Signfcant No Impact Incor orated im act Im act 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 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 pro~ect- 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 on 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 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 The contractors shall also conform to any construction measures imposed by the South Coast Air Gluality Management District (SCAQMD) as well as City Planning Staff 3) All paints and coatings shall meet or exceed performance standards noted in SCAGtMD Rule 1113 Pasnts and coatings shall be appised either by hand or high volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted ~n SCA(~MD 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 susceptibiloty of large areas to erosion over extended perriods of time Rev 3/13/07 B&C-40 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 6 Less Than Signifcant Less Issues and Su ortin Information Sources PP g Potentially Sgndicant With Mitigation Than Significant No Im act Incor orated Im act Im act • Schedule activities to minimeze 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 words (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 [RWGICB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 • 7) Chemecal soil-stabilezers (approved by SCAOMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMio 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 w~li 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 7G (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 South Coast Air Quality Management District (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 m emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates 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 industrial and commeraal facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i e , in excess of 10 minutes) • 11) All industrial and commercial facilities shall designate preferential parking for vanpools Rev 3/13/07 B&C-41 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 7 Less Than Significant Less Issues and Su ortin Information Sources Pp g Potentially Signficant With Mmgation Than Signdicant No Im act Inco orated Im act Im act 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible 14) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding 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 protect proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large The SCAQMD identifies the following as sensitive receptors long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic faalities According to the SCAQMD, protects have the potential to create significant impacts if they are located within 25 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 The protect site is located more than 25mile from the nearest sensitive receptor Therefore, no adverse impacts are anticipated e) Typically, the uses proposed do not create objectionable odors No adverse impacts are anticipated Rev 3/13/07 B&C-42 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 8 Less Than Sgnihcant Less Issues and Su ortin Information Sources PP g Potentially Signdicant with Mitigation rnan Signdicant No Im act Incor orated Im act Impact 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 Wlldllfe 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 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 site is located on the east side of Charles Smith Avenue about 1,000 feet south of 6th Street and Is characterized by industrial development on all sides except to the east Immediately to the east is I-15 Freeway The site has been previously disrupted during construction of infrastructure and surrounding developments and past use as a vineyard 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 a sensitive biological resources -the Delhi-sands flower loving fly (DSF) However, according to a biological study prepared by Impact Sciences on August 1999 and afollow-up assessment prepared by Jeff W Kidd Biological Consulting on June 24, 2007, the conditions on-site are not consistent with those known or expected to support extant DSF populations in the region Therefore, development of the site will not affect any sensitive biological resources • • b) The project site is located In an urban area with no natural communities No riparian habitat exists on-site, meaning the protect will not have any impacts c) No wetland habitat is present on-site As a result, project implementation would have no Impact on these resources Rev 3/13/07 B&C-43 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 9 n Less Than Significant Less Issues and Supporting Information Sources Potentially Significant w~tn Mrtigatwn Than Signifcant No Im act Incor orated tin act Im act d) The ma~onty 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 protect 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 Pian, Exhibit IV-4 No conflicts with habitat conservation plans will occur 5 CULTURAL RESOURCES Would the pro/ect a) Cause a substantial adverse change in the () () () (/) significance of a historical resource as defined in § 15064 5~ b) Cause a substantial adverse change in the () (/) () ( ) significance of an archeological resource pursuant to § 15064 5~ c) Directly or indirectly destroy a unique paleontological () (/) () ( ) resource or site or unique geologic feature d) Disturb any human remains, including those interred () () () (/) outside of formal cemeteries 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 protect 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 saes 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 Rev 3/13/07 B&C-44 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 10 Less Than Sigrnhcant Less Issues and Su ortin Information Sources PP g Potentially Sigrnficant With Mmgation Than Signrficant No Im act Incor orated Im act Im act Propose mitigation measures and recommend conditions of approval to eliminate adverse prolect effects on significant, important, and unique prehistoric resources, following appropriate CEt~A 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 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 I~mited 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 project is in an area that has already been disturbed by development The protect site has already been disrupted by construction of infrastructure and surrounding developments, and past use as a vineyard 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 Rev 3/13/07 B&C-45 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 11 Less Than Significant Less Issues and Supporting Information Sources Potentially Signficant with Mdigation Than Signfcant No Im act Incor orated Im act Im act 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 6 GEOLOGY AND SOILS Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, 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) Landshdes~ O O O (/) b) Result in substantial soil erosion or the loss of topsoils () (/) () ( ) c) Be located on a geologic unit or soil that is unstable, () () () (/) or that would become unstable as a result of the 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 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 3 miles northwest of the site, and the Cucamonga Fault Zone lies approximately 5 5 miles north These faults are both capable of producing MW 6 0-7 0 earthquakes Also, the San Jacinto fault, capable of producing up to MW 7 5 earthquakes is about 10 miles northeast of the site and the San Andreas, capable of up to MW 8 2 earthquakes, is about 13 miles to the north/northeast 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 Rev 3/13/07 B&C-46 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 12 Less Than Signrficant Less Issues and Su ortin Information Sources PP g Potentially Signdicant With Mitigation Than Signdicant No Im act Inco orated Im act Im act 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 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 RW(~CB) daily to reduce PM,o emissions, in 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 RWGICB) 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 5 1-2 Soil types on-site consist of Delhi Fine Sand Soil association according to General Plan FEIR Exhibit 5 1-3 No adverse impacts are anticipated d) The matority of Rancho Cucamonga, including the protect site, is located on alluvial soil deposits These types of soils are not considered to be expansive Soil types on-site consist of Delhi Fine Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 51-3 These soils are typically used for grapes, pasture plants, alfalfa, and some citrus 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 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 Rev 3/13/07 B&C-47 initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 13 n Less Than Significant Less Issues and Su ortin Information Sources ph g Potentially Significant With Mitigation Than Signfcant No Im act Inco orated Impact Im act c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment e) For a 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 applicant has not specified the tenant or tenants that will occupy the building However, based on the layout, size, and location of the building, the users will most likely be using it for offices with warehousing, this type of use generally does not create objectionable odors 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 The proposed industrial buildings are to be constructed as speculative with no definitive users at this time However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools 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 The Rev 3/13/07 B&C-48 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 14 Less Than SgrnOCant Less Issues and Su ortin Information Sources PP g Potentially Significant With Mitigation Than Signdicant No Im act Incor orated Impact Im act proposed industrial buildings are to be constructed as speculative with no definitive users at this time However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools No adverse impacts are anticipated c) There are no schools located within 0 25 mile of the project site The project site is located about 2 miles from Coyote Canyon Elementary School, the nearest existing school The proposed building to be constructed is speculative with no definitive user(s) at this time However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools No impacts are anticipated d) The proposed protect is not listed as a hazardous waste or substance materials site Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials No impact is anticipated e) The site is not located within an airport land use plan and is not within 2 miles of a public airport Protect site is located approximately 2 5 miles northeasterly 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 5 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 project includes at least two points of public street access and is regwred to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005, however, the proposed protect site is not located within a high fire hazard area according to General Plan Exhibit V-7 8 HYDROLOGY AND WATER DUALITY Would the protect 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 Rev 3/13/07 B & C- 49 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 15 • Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Significant With Mitigation Than Signdicant No Im act Incor orated Im act Im act 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 Q Expose people or structures to a significant nsk of () () () (/) loss, infury 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 project is designed to connect to 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 (RWOCB), 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 (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 (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 Rev 3/13/07 B&C-50 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 16 Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Signihcant w~tn Mitigation Than Signrficant No Im act Inco orated Im act Im act Waste discharges include discharges of storm water and construction protect discharges , A construction project for new development or significant redevelopment requires an NPDES permit Construction protect proponents are required to prepare a Storm Water Pollution Prevention Plan (SW PPP) To comply with the NPDES, the project's construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SW PPP) 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 Kevin J Richer on March 30, 2007, that identifies Best Management Practices (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 dram system The following mitigation measures would be required to control additional storm water effluent Construction Activities J 1) Prior to issuance of Grading Permits, the permit applicant shall submit to t 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 dram 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 speafic 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 on southern California, and b) An inspection and maintenance program shall be included to ensure that any erosson 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 5) Applicant shall implement additional Best Management Practices as outlined • in the Water Quai~ty Management Plan prepared by Kevin J Richer, March 2007 Rev 3/13/07 B&C-51 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 17 Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Signifcant With Mitigation Than Significant No Im act Incor orated Im act Impact Post- Construction Operational 6) The developer shall implement the BMPs identified m the Water duality Management Plan prepared by Kevin J Richer on March 30, 2007, to reduce pollutants after construction entering the storm dram system to the maximum extent practical 7) 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 b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins CVWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2 The development of the site will require the grading of the site and excavation, however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface As noted in the General Plan FEIR (Section 5 9), continued • development citywide will increase water needs and is a significant impact, however, CVWD has plans to meet this increased need through the construction of future water facilities c) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, the protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to 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 protect will not result in substantial erosion or siltation on- or off-site The impact is not considered significant d) The protect will cause changes in absorption rates, drainage patterns, and the rate and amount of 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, Rev 3/13/07 B&C-52 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 18 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signdicant With Mmgabon Than Signdicant No Im act Inco orated Im act Im act 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 8) Prior to issuance of Building Permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WG1MP), 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 WOMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 J 9) 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 El~mmation 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 g) No housing units are proposed with this project 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 protect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected ~) There are no oceans, lakes or reservoirs near the protect site, therefore, impacts from seiche and tsunami are not antiapated 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 Rev 3/13/07 B&C-53 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 19 .7 Less Than Sgnihcant Less Issues and Supporting Information Sources Potentially Sgndicant wnh Mmgation Than Signihcant No Im act Inco orated Im act Im act 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 project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect c) Conflict with any applicable habitat conservation plan () () () (/) or natural community conservation plan Comments a) The site is located on the east side of Charles Smith Avenue about 1,000 feet south of 6th Street and is characterized by industrial development on all sides except to the east Immediately to the east is I-15 Freeway This project will be of similar design and size to surrounding office/warehouse development to the north The project will become a part of the larger community No adverse impacts are anticipated b) The project site land use designation is General Industrial The proposed project is • consistent with the General Plan and does not interfere with any policies for environmental protection As such, no impacts are anticipated c) The site is located on the east side of Charles Smith Avenue about 1000 feet south of 6th Street and is characterized by industrial development on all sides except to the east Immediately to the east is I-15 Freeway The site has been previously disrupted during construction of infrastructure and surrounding developments, and past use as a vineyard 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 a sensitive biological resources -the Delhi-Sands flower loving fly (DSF) However, according to a biological study prepared by Impact Sciences on August 1999 and afollow-up assessment prepared by Jeff W Kidd Biological Consulting on June 24, 2007, the conditions on-site are not consistent with those known or expected to support extant DSF populations in the region Therefore, development of the site will not affect any sensitive biological resources 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 Rev 3/13/07 B&C-54 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 20 Less Than Significant less Issues and Su ortin Information Sources PP g Potentially Signdicant With MiUgafion Than Significant No Im act Inco orated Im act Im act 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 fhe 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 protect vicinity above levels existing without the pro~ect~ d) A substantial temporary or periodic increase In () (/) () ( ) ambient noise levels in the project vicinity above levels existing without the pro~ect~ 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 project 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 according to General Plan Exhibit V-13 at build-out No adverse Impact expected b) The proposed industrial building to be constructed is speculative with no definitive users at this time The City's Development Code requires that all industrial uses be conducted within an enclosed building, hence no adverse operational impact to nearby commercial uses is expected However, at the time of occupancy, the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding residential uses and elementary schools c) The primary source of ambient noise levels in Rancho Cucamonga is traffic The proposed activities will not significantly increase traffic, hence are not anticipated to increase the ambient noise levels within the vicinity of the project • 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 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday Rev 3/13/07 B&C-55 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 21 • Less Than Signfcant Less Issues and Su ortin Information Sources PP g Potentially Signficant With Mitigation Than Significant No Im act Incor orated Im act Im act 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly nose level monitoring as specified in Development Code Section 17 02120 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 Buelding 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 3) 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 4) 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 is not within 2 miles of a public airport The site is located approximately 2 5 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 2 5 miles to the west of the City's westerly limits No impact is anticipated 12 POPULATION AND HOUSING Would the pro/ect a) Induce substantial population growth in an area, either () () () (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere c) Displace substantial numbers of people, necessitating () () () (/) the construction of replacement housing elsewhere Comments ® a) The protect is located in a predominantly developed area and will not induce population growth Construction activities at the site will be short-term and will not attract new employees to the area Once constructed, the proposed project will have a limited Rev 3/13/07 B&C-56 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 22 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Sgndicant With Mrtigahon Than Signdicant No Im act Inco orated Im act lm act number of employees, hence will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities No impacts are anticipated b) The project site contains no existing housing units No adverse Impact expected c) The protect site is vacant land No impacts are anticipated 13 PUBLIC SERVIGES Would the project result m substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant env-ronmental impacts, in order to maintain acceptable service ratios, response Mmes or other performance objectives 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 located on the east side of Charles Smith Avenue about 1,000 feet south of 6th Street would be served by a fire station located approximately 1 mile northwest from the project site 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 Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur No impacts are anticipated b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the protect site is within an area that is regularly patrolled c) The site is in a developed area currently served by the Cucamonga School District and the Chaffey Joint Union High School District The protect will be required to pay school fees as prescribed by State law prior to the issuance of Building Permits No impacts are anticipated d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park, Rancho Cucamonga Adult Sports Complex, is located about 1 mile from the project site 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 A standard condition of approval will require the developer to pay Park Development Fees No impacts are anticipated e) The proposed protect will utilize existing public facilities The site is in a developed area, currently served by the City of Rancho Cucamonga The protect will not require the Rev 3/13/07 B&C-57 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 23 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially S~gndicant With Mtligauon Than Significant No Im act Incor orated Im act Im act construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Cumulative development within Rancho Cucamonga will increase demand for library services According to the General Plan FEIR (Section 5 9 9), the projected increase in library space under the General Plan will not meet the projected demand The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated Since the adoption of the General Plan, the City built 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 J 14 RECREATION Would the project 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 located about 1 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 approval will require the developer to pay Park Development Fees No impacts are anticipated b) See a) response above .7 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 capaaty 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 Rev 3/13/07 B & C-58 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 24 __ Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Sgndicant w~tn Mmgauon Than Sigrnhcant No Im act Incor orated Im act Im act 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 project will generate 158 vehicle trips daily The proposed project includes the development of an office/warehouse building of 22,680 square feet The Rancho Cucamonga Traffic Model estimates that each 1000 square feet will generate 6 97 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 project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated The project rs in an area that is mostly developed with street improvements existing or included in project design The project will not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at intersections The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per Crty 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 each 1,000 square feet will generate 1 04 two-way peak hour trips daily In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects 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 project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of Building Permit The project is in an area that is mostly developed with all street improvements existing The project will not negatively impact the level of service standards on adjacent arterials The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site No impacts are anticipated c) Located approximately 2 5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns No impacts are anticipated d) The project is in an area that is mostly developed The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site The project design does not include any sharp curves or dangerous intersections or farming • uses The project will, therefore, not create a substantial increase in hazards because of a design feature No impacts are anticipated Rev 3/13/07 B & C-59 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 25 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Significant wain Mitigation Than Significant No Im act Incor orated Impact Im act e) The project 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 project 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 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 in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments f) Be served by a landfill with sufficient permitted () () () (/) capacity to accommodate the project's solid waste disposal needs g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste Comments a) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The 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 protect is served by the Cucamonga Valley Water District sewer system, ® which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is 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 Rev 3/13/07 B&C-60 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 26 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signdicam With Mtligauon Than Significant No Im act Incor orated Im act Im act 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 protect is served by the Cucamonga Valley Water District water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project No impacts are anticipated e) The proposed protect is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity No impacts are anticipated f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs g) This protect complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no impacts are anticipated 17 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the protect have the potential to degrade the () () () (/) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the 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 protect are considerable when viewed in connection with the effects of past protects, the effects of other current protects, and the effects of probable future protects) ~ c) Does the protect have environmental effects that will () () () (/) cause substantial adverse effects on human beings, either directly or indirectly Comments a) The site is located on the east side of Charles Smith Avenue about 1,000 feet south of 6th Street and is characterized by industrial development on all sides except to the east Immediately to the east is I-15 Freeway The site has been previously disrupted during construction of infrastructure and surrounding developments, and past use as a vineyard According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the Rev 3/13/07 B&C-61 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 27 Less Than Signiticant Less Issues and Su ortin Information Sources PP g Potentially Significant With Mitigation Than Signrficant No Im act Incor orated Impact Im act project site is within an area of a sensitive biological resources -the Delhi-Sands flower loving fly (DSF) However, according to a biological study prepared by impact Sciences on August 1999 and afollow-up assessment prepared by Jeff W Kidd Biological Consulting on June 24, 2007, the conditions on-site are not consistent with those known or expected to support extant DSF populations in the region Additionally, the area surrounding the site is developed Therefore, development of the site will not affect any sensitive biological resources b) If the proposed project were approved, 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 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 (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) • (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) Rev 3/13/07 B&C-62 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 28 (T) Industrial Area Specific Plan EIR • (Certified September 19, 1981) (T) Habitat Study for Delhi Sands flower-loving fly (Impact Sciences, August 1999) (T) Habitat Study for Delhi Sands flower-loving fly follow-up assessment (Jeff W Kidd Biological Consulting, June 24, 2007) (T) Water Quality Management Plan (Kevin J Richer, March 30, 2007) (T) Suplemental Habitat Study for Dehi-Sands flower-loving fly (Jeff W Krad Biological Consulting June 24, 2007 • • Rev 3/13/07 B & C- 63 Initial Study for City of Rancho Cucamonga Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 29 ® APPLICANT CERTIFICATION I certify that 1 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 environmental effects would occur Applicant's Signature/ ~ - v Date g/~ ~/~ 7 ~/ ~ ~ (~/a r r e ... ~ o J ~e c-~ ~a na.. q q ~- Print Name and Title / U i \planning\final\cega\instudy pt u--7-04rev final doc i \planning\final\lois\instudy pt u-081004rev finalwrking doc • n Rev 3/13/07 B&C-64 • _r~a i ~ r` - City of Rancho Cucamonga fir, €t= MITIGATED NEGATIVE DECLARATION ~~ ~ ~,~ The follow-ng Mitigated Negative Declarat-on -s be-ng c-rculated for publ-c rev-ew rn accordance w-th the Cal-forn-a Environmental Quality Act Sect-on 21091 and 21092 of the Publ-c Resources Code Protect File No. SUBTPM18680 AND DRC2007-00253 Public Review Period Closes: September 26, 2007 Protect Name• Protect Applicant: William Fox Group Protect Location (also see attached map) Located at the east side of Charles Smith Avenue, about 1000 feet south of 6th Street - APN 0229-283-02 Protect Description: A proposal to construct a building of about 22,680 square feet and a review of a proposed 3-unit subdivision for condominium purposes to be constructed on a vacant parcel of 1 23 acre in the General Industrial (GI) District, Subarea 13, located at 9275 Charles Smith Avenue - APN 0229-283-02 FINDING This is to advise that the City of Rancho Cucamonga, acteng 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 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 Report will not be required The factual and analytical basis for this finding is oncluded 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 ® September 26, 2007 Date of Determination Adopted By B&C-65 RESOLUTION NO 07-55 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2007-00253 - A PROPOSAL TO CONSTRUCT A BUILDING OF ABOUT 22,680 SQUARE FEET ON A VACANT PARCEL OF 1 23 ACRE IN THE GENERAL INDUSTRIAL (GI) DISTRICT, SUBAREA 13, LOCATED AT 9275 CHARLES SMITH AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0229-283-02 A Recitals 1 William Fox Group filed an application for the issuance of Development Review DRC2007-00253, 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 26th day of September 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date 3 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 ail 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 September 26, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to a parcel of land located at 9275 Charles Smith Avenue with an overall area of about 53,580 square feet (1 23 acre) and a street frontage along Charles Smith Avenue of about 330 feet and a depth of about 167 feet, and b To the north of the subject site is a small office/warehouse complex consisting of two buildings, to the south is a refueling station, to the east is the I-15 Freeway, with additional industrial buildings beyond the freeway, to the west is a warehouse building, and c The applicant proposes to construct one building of 22,498 square feet consisting of three suites, and d The application contemplates warehouse tenants Warehouse intensive uses are permitted in this development district Additional potential tenants include office intensive uses which are permitted subject to the review and approval of a Conditional Use Permit, and e The applicant is required to provide 65 parking stalls and they have provided 66, and B&C-66 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 Page 2 f The proposed development is in contunction with a tentative parcel map (Related File SUBTPM18680) to subdivide the property into three (3) units for condominium purposes 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 The proposed development is in accord with the General Plan, the obtectives of the Development Code, and the purposes of the district in which the site is located The proposed protect is to construct an industrial building and is consistent with development in the vicinity b The proposed development, 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 surrounding properties are zoned industrial and the surrounding uses are industrial-oriented c The proposed development complies with each of the applicable provisions of the Development Code The proposed development meets afl standards outlined m the Development Code and the design and development standards and policies of the Planning Commission and the City • 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 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, City staff prepared an Initial Study of the potential environmental effects of the protect Based on the findings contained in 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, 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 incompliance with CEQA, and (u) 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 B&C-67 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 • Page 3 d 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 subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Department 1) Approval is for the construction of a office/warehouse building with a floor area of 22,498 square feet in the General Industrial District, Subarea 13, located at 9275 Charles Smith Avenue, APN 0229-283-02 2) Proposed land uses requiring a Conditional Use Permit as identified in Table 17 30 030 of the Development Code, shall require a separate review and approval by the Planning Director prior to submittal of documents for plan check and occupancy 3) Shared access, parking, and maintenance shall be incorporated in the project Covenants, Conditions, and Restrictions (CC&Rs) 4) Downspouts shall not be visible from the exterior on any elevations of the buildings All downspouts shall be routed through the interior of the building walls 5) Retaining walls exposed to public shall be decorative masonry Decorative means slump stone, split-face or stucco 6) All trash enclosures shall be surrounded with dense shrub plantings 7) Provide an overhead trellis at employee lunch area The overhead trellis shall have cross members spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches Also, each support column shall have a decorative base that incorporates the architectural finishes/trim used on the building such as stacked stone and decorative cap The trellis shall be painted to match the building Also, provide durable street furniture m outdoor employee eating area, such as tables, chairs, waste receptacles 8) Incorporate undulating berms along the Charles Smith Avenue frontage, within the landscape setback and landscape areas Provide ® additional trees in the landscaped area to address the absence of street trees that will not be installed as noted in the Engineering Department's Special Condition #1 f B&C-68 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 Page 4 9) Landscaping along the shared property line with the I-15 Freeway shall include a minimum of one 24-inch box tree per three parking stalls, shrubs spaced 18 inches on center, and appropriate ground cover 10) All ground-mounted equipment, utility boxes including transformers, and back-flow devices shall be surrounded by a minimum of two rows of shrubs spaced a minimum of 18 inches on center 11) Landscaping shall be installed prior to release for occupancy 12) Submit an application for a Uniform Sign Program for review and approval by the Planning Director prior to the submittal of any applications for sign permits All signs shall require review and approval of a Sign Permit application by the Planning Director prior to installation Engineering Department 1) Full frontage improvements shall be completed in accordance with City "Local Industrial" standards as required, included but not necessarily limited to the following • a) Provide curb and gutter, property line adjacent sidewalk, drive • approaches (W = 35 feet minimum, R = 11 feet) b) Provide curbside drain outlets in sufficient number to convey concentrated flows under sidewalks c) Provide one (1) 5800 Lumen HPSV street light d) Provide R26 "NO PARKING" signs e) Provide traffic striping and signage f) Note Street trees will not be required because of the existence of a 15-inch sewer line and a GTE fiber optic line, both located in the parkway behind the curb Engineering will be working with the Planning Department to place trees behind the right-of-way in an effort to achieve the effect of having street trees g) Update City Drawing Number 2095 to show all revisions needed to accommodate this development h) Grading within the north/east area of the site will be done in such a manner as to allow for site surface drainage to reach the street through a curbside drain outlet located immediately to the south of the north drive approach Concentrated drainage flows conveyed in swales and similar devices shall be PCC with a minimum grade of 0 5 percent Site grading shall conform to UBC and City Building and Safety Department Standards B&C-69 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 • Page 5 i) Contact Caltrans and determine if drainage easement across your site is needed to drain portion of freeway right-of-way Provide written determination from Caltrans of same 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, developer shall submit construction plans to 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 The 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 waterrng • 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 adfacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon the time of year of construction B&C-70 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 Page 6 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 OCB]) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions 8) The construction contractor shall utilize 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 industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i e , in excess of 5 minutes) 11) All industrial and commercial facilities shall designate preferential parking for vanpools 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible 14) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping • B&C-71 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 • Page 7 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 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 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 B&C-72 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 Page 8 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 speamens 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 RWOCB) daily to reduce PM,o emissions, in 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 Hydrology and Wafer Quality 1) Prior to issuance of Grading Permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SW PPP) 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 project 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 project will be corrected through a • remediation or restoration program within a specified time frame B&C-73 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 ® Page 9 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 5) Applicant shall implement additional Best Management Practices as outlined in the Water Quality Management Plan prepared by Kevin J Richer, March 2007 Post-Construction Operatronal 6) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Kevin J Richer on March 30, 2007, to reduce pollutants after construction entering the storm drain system to the maximum extent practical 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbiades 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 8) Prior to issuance of Building Permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WOMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WOMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 9) 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 B&C-74 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253 -WILLIAM FOX GROUP September 26, 2007 Page 10 • Noise 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards 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 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 3) The perimeter clock wall shall be constructed as early as possible in first phase 4) 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 heavytrucks 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 the adoption of this Resolution APPROVED AND ADOPTED THIS 26TH DAY OF SEPTEMBER 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 26th day of September 2007, by the following vote-to-wit B&C-75 PLANNING COMMISSION RESOLUTION NO 07-55 DRC2007-00253-WILLIAM FOX GROUP September 26, 2007 Page 11 AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS B&C-76 City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No . Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 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 m compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 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 City Planner, shall coordinate enforcement of the MMP The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering 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 B & C-77 Mitigation Monitoring Program Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 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 after written notification has been issued The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a 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 9 In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City Said plan 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C~ C~ ~ C D O `- C ~ O ~ C ~ O L C ~ O U U U U . • • O m m m a ~ N (0 ~ N O >, '--' >. '-' C O Q O "O O ~ ~ C O ~ U >• N CCO O cC C tOn L ~ ~ i ~ "O O ~ ~ ~ O p O p ~ U > O~ 7 > C " C c~ p L ~ cd .O c~ ~ O O Q C~ O O N CO O " , y i c0 ci3 O U ~~ O O C <C O ~' O~ O E ~ S N O p CSS j L Q, ~ N O ~ N ~ C O O T C X Q N~ ~ U .L--~ ~ ."C--~ O O N C O >~ ~ L .Q 'O ~ ~ O '-, +-- O~ C~ C- O C m ccA ~ ~ 0-~0~ ~U m m a~i ~ c° i ~ c~ ~ ~ a>i ~ X~° ~ ~ -° ~ ° c _ - Q~ °-c ocn m~ E U ~~_ ~ ~ ° ~ ° c: o ~ C~ ~ to p "p N~~ V m ~ c~ ~~ C O Y O E~ a 0 a O p -O O~ N- C p.C _ O ~ "''- C O~ O O O ~ ~~ ~ ~ 0 O ~ C CO '1 0 C p p (0 - " ~ C~ ~ O ~ C U y~ C .--. ~- O O O O~ ~ ~ i - N CC y CO 7 O~ C S O -~ "-' L p " N C N O ~ 7 0 U C co c0 'p O O O C V_ c~ - L i C D7 O a1 c~ 0 0 c .~. ~ ,~ to D7 ~ L c O p1 (~ ~_ p) O ~ O7 C C ~.- 7 p c~ CN c,.- O- ~ CO Q ~.-- L CSS i .,,, r O ~ ~ O-p-O ~ ~ ~ ~ L • -~ _ -a ~ ~ -C ,= m 'D U O O O Y N O 'p N L O O Q U ~ ^.~ ~ ~ ~ ~ NO ~ ~ O ~ •` > .L-. U U O O ~ Q~ O O X ~ O O p p O O a N ~~ C~ L C O Q O O L ~ C p 0 +0-' ~ 'L3 OU C~~ -O O ~ (n p L O ~ p ~ ~ ~ 'C L ~ ~ .~ ~ O N p E Y M U1 p 00 ._~ cd p O c0 L > ~ O ~ ~ ~ ~ 'rpf C ~ O N O Q L "O 'O "O ~ "O ~. V O ~ LT ~ O CO c c~ c~ "Q N O ~ O ~ i ~ O U C > O O O i~ O O O 'D c O 'O ~ "p N N N- O "p m "a N .a a O _ O~ c C i~ ~. O_ ~ O Z O O <..> O U L ~ C O Ri N L O O N L "~ cO N co c~ U O (n C C U .O to N In ~ In ~ In L O {- (~ cC O (") c~ c~ c O O 2 L C c L (~ Q U ~ VJ O • B&C-86 ,. cd ~ ~ U ~ N d N m a ~ 'D U O 7 ~ N C O m O ~ O - O N m i6 'O ~ U ~ O N ~ .- ~ -O O .-. O ~ O L L L ~ C 0 ~ C ~ ~ ~ iq ~ ~ U Ltl ' N M 7 ~ CD I~ C _~ d _N 7 ro ~ o a n ~ ~ a Q o ~ c ~_ i a ~_ U c E `° o ~ ~ =' U E /~ fn C ~ Y ~ ~M~. O C O) N N ~ Q U ro ~ ~ a`> c a c L m ~ O O ~ U ~ Q m U ~ c a ~, U o c C O C U tl1 ~ o LS" m c p 3 .~- O c 4L Z c U 4 a G7 ~ o U ~ o ~ a m c ~ o L E ~ w H ~' o io O ~ o o U a ~ ~ ~ H c O O O ~ Q m U 0 W m c N 0 0 U d 0 ~ a~ ~ _ O C D) C O C O E ~ N C ~ y O) ~ O ~ ~ O N ~ ~ O ~ O ~ o ~ O -° C m N N O O to L d ~ O O ~ C 'O ` G1 ~ o m C p ~ o .Q E °' m m U r tri E c w a ~ U = o c _ Q, ~ d U m ~ ~ N ~ a~ o p w 0 0 0 ~ U d U m d u.. O «. R d .O Q ~_ v a> t U O w d Y U O C O d' N i y Y L U E E (~ _~ f~ c C c C tts Q D) O B&C-87 4 `Y`~,~ l~i~s COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #. DRC2007-00253 AND SUBTPM18680 DEVELOPMENT REVIEW OF A 22,498 SQUARE FOOT BUILDING AND A 3 UNIT CONDO SUBJECT. MAP APPLICANT• WILLIAM FOX GROUP LOCATION• 9275 CHARLES SMITH AVENUE - APN 0229-283-02 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 1 The applicant shall agree to defend at his sole expense any action brought against the Clty, 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 Clty, 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 applicant of his obligations under this condition 2 Approval of Tentative Parcel No Is granted subject to the approval of DRC2007-00253 3 Copies of the signed Planning Commission Resolution of Approval No 07-55, Standard Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties Involved In the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect 4 The appllcant shall be required to pay any applicable Fish and Game fees as shown below The project planner will confirm which fees apply to this protect All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing a) Notice of Exemption - $50 b) Notice of Determination - $50 c) Negative Declaration - $ 1,850 X d) Environmental Impact Report - $2,550 C-1-05 1 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007 00253StdCond 9 26 doc Completion Date -/-/. -/-/- -/-/- B&C-88 Protect No DRC2007-00253 AND SUBTPM18680 Completion Date B. Time Limits 1 This tentative parcel map shall expire, unless extended by the Planning Commission, unless a _/_/_~ complete final map is flied with the Clty Engineer within 3 years from the date of the approval 2 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 2 Prior to any use of the project 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 adjacent properties 8 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 For single-family residential developments, transformers shall be placed in underground vaults 9 Ali building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination D. Industrial Buildings 1 Graffiti shall be removed within 72 hours _/_/_ 2 The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ debris remain for more than 24 hours 3 Signs shall be conveniently posted for "no overnight parking" and for "employee parking only " _/ /_ 2 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007 00253StdCond 9 26 doc B&C-89 Project No DRC2007-00253 AND SUBTPM18680 Completion Date • E. • 4 All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants a Noise Level -All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 d6 during the hours of 10 p m until 7 a m and 65 dB during the hours of l a m until 10 p m b Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p m and 7 a m unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area 5 Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza _/_/_ They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof Full samples shall be submitted for Planning Director review and approval prior to the issuance of building permits 6 The lighting fixture design shall compliment the architectural program It shall include the plaza _/_/_ area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures Bu ilding Design 1 All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director Details shall be included in building plans 2 For commercial and industrial protects, paint roll-up doors and service doors to match main _/_/_ building colors Parking and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long W hen a side of any parking space abuts _/_/_ a 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 adtacent to the parking stall (including curb) _ 3 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards 4 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped 5 Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent The area for motorcycle parking shall be a minimum of 56 square feet 3 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9-26 doc B&C-90 Protect No DRC2007-00253 AND SUBTPM18680 Completion Date G Trip Reduction 1 Bicycle storage spaces shall be provided In all commercial, office, Industrial, and multifamily _/_/_® residential projects of more than 10 units Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever Is greater After the first 50 bicycle storage spades are provided, additional storage spaces required are 2 5 percent of the required automobile parking spaces Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2 5 percent of the required automobile parking spaces with a minimum of a 3-bike rack In no case shall the total number of bicycle parking spaces required exceed 100 Where this results In a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number 2 Carpool and vanpool designated off-street parking close to the building shall be provided for _/_/_ commercial, office, and industrial facilities at the rate of 10 percent of the total parking area if covered, the vertical clearance shall be no less than 9 feet 3 Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other _/_/_ non-residential development 4 For industrial projects with at least 40 car parking spaces, bicyclist-changing facilities shall be _/_/_ provided to encourage bicycle commuting per the City of Rancho Cucamonga Bicycle Transportation Plan adopted by City Council Resolution No 02-237 Accessible restrooms with storage lockers for clothing and equipment shall be sufficient H. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for 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 A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within _/_/_ commercial and office projects, shall be specimen size trees - 24-inch box or larger 3 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls 4 Trees shall be planted In areas of public view adjacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building 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 minlmum, 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 l -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 7 All walls shall be provided with decorative treatment If located in public maintenance areas, the _/_/_ design shall be coordinated with the Engineering Department • 4 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9-26 doc B&C-91 Protect No DRC2007-00253 AND SUBTPM18680 8 On protects which abut the I-15 Freeway, the developer shall provide landscaping within the freeway right-of-way along the boundary of this protect or pay an in-lieu of construction cash deposit The landscape and irrigation plans shall be prepared In conformance with Caltrans and City Standards through the City of Rancho Cucamonga Plans shall be reviewed and approved by the Planning Director and City Engineer Landscape and irrigation shall be installed prior to the release of occupancy of the protect If final approvals and/or installation are not complete at that time, the City will accept a cash deposit for future landscaping of the Caltrans right-of-way I. Signs A Uniform Sign Program for this development shall be submitted for Planning Director review and approval prior to Issuance of building permits J. Environmental 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 $ 538 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit K. Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location of mailboxes 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 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) L. General Requirements Submit five complete sets of plans including the following a Slte/Plot Plan, b Foundation Plan, c Floor Plan, d Ceiling and Roof Framing Plan, 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, 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 (I e , DRC2007-00253 and SUPTPM18680) clearly • identified on the outside of all plans I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9 26 doc Completion Date -/_/ -/-/- -/-/- -/-/- -/-/- B&C-92 Protect No DRC2007-00253 AND SUBTPM18680 Completion Date 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 _/_/_ i the City prior to permit issuance 4 Separate permits are required for fencing and/or walls _/_/_ 5 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department M. 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 , DRC2007-00253 and SUBTPM18680) 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 commercial or industrial development project 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 permits issuance 3 Street addresses shall be provided by the Building and Safety Official after tract/parcel map _/_/_ recordation and prior to issuance of building permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday _/_/_ through Saturday, with no construction on Sunday or holidays • 5 Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/_ counter) N New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations _/_/_ 3 Provide draft stops in attics in line with common walls _/_/_ 4 Exterior walls shall be constructed of the required fire rating In accordance with CBC Table 5-A _/_/_ 5 Upon tenant improvement plan check submittal, additional requirements may be needed _/_/_ O Grading 1 Grading of the subject property shall be in accordance with California Budding Code, Clty 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 • 6 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9-26 doc B&C-93 Protect No DRC2007-00253 AND SUBTPM18680 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 COMPLIANCE WITH THE FOLLOWING CONDITIONS P. Dedication and Vehicular Access Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved 2 Reciprocal parking agreements for all parcels and maintenance agreements ensuring point maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map Q. Street Improvements 1 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 Clty 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 2 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 Charles Smith Avenue 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) curbside drain outlets 3 Improvement Plans and Construction a Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to ® final map approval or the issuance of building permits, whichever occurs first 7 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9 26 doc Completion Date -/-/ -/-/ -/-/. -/-/. -/-/- -/-/- -/-/- -/-/ B&C-94 Protect No DRC2007-00253 AND SUBTPM18680 Completion Date b Prior to any work being performed in public right-of-way, fees shall be paid and a _/_/_ construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and _/_/_ interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be installed with any new construction or reconstruction _/_/_ project along 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 _/_/_ 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 • R. General Requirements and Approvals 1 A signed consent and waiver form to loin and/or form the Law Enforcement Community Facilities _/_/_ District shall be filed with the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first Formation costs shall be borne by the Developer 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 4 Prior to approval of the final map, or prior to improvement agreement approval if no map is involved, all Tract Maps, Parcel Maps and public improvement plans shall be submitted to the Engineering Division on a compact disc (CD) in Auto CAD (computer aided design) format If public improvement plans are completed after map approval, the CD shall be submitted prior to issuance of a construction permit for frontage improvements or a building permit, whichever occurs first C I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9-26 doc B & C-95 Protect No DRC2007 00253 AND SUBTPM18680 Completion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION ~ANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING NDITIONS• SEE ATTACHED • ., .~ 9 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9 26 doc B&C-96 William Fox Group Eagle Family Limited 9275 Charles Smith 22k Industrial Condominium Building SUBTPM18680 and DRC2007-00253 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 Fire Hydrants The following provides design guidelines for the spacing and location of fire hydrants a The maximum distance between fire hydrants in commercial/industrial projects is 300-feet No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant For cul-de-sacs, the distance shall not exceed 100-feet b The preferred locations for fire hydrants are At the entrance(s) to a commercial, industrial or 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 shalt be provided B & C- 97 d Provide one fire hydrant for each 1000 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 2000 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 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 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 Commercial or industrial structures greater than 7,500 square feet 2 Group "A" Occupancies 3 "E" Occupancies with an occupant load of 50 or more persons 4 All structures that do not meet Fire District access requirements (see Fire Access) 5 When required fire flow cannot be provided due to inadequate volume or pressure 6 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 7 When any applicable code or standard requires the structure to be sprinklered FSC-5 Fire Alarm System The California Building Code, the RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code require a listed fire sprinkler monitoring Central Station Fire Alarm system Plan B&C-98 check approval and a building permit are required Prior to the installation of the fire alarm system 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 Roadways Std #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 budding 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 24-feet c The minimum outside turn radius shall be 50-feet d The minimum radius for cul-de-sacs is 45-feet e The minimum vertical clearance is 14-feet, 6-inches f At any private entry median, the minimum width of traffic lanes shall be 20-feet 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% 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 as follows a In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards b In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways When railways are installed provisions shall be made to maintain Fire District access to all required openings u 4 Access Walkways Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings 3 B&C-99 5 Commercial/Industrial Gates Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #9-2 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 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 afail-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 ®epartment 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 4 B & C-100 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 i 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 • Aerosol Products • Application of Flammable Finishes Operation • Automobile Wrecking Yards • Battery Systems • Candles and open flames in public assemblies • Cellulose Nitrate • Compressed Gases • Cryogenics • Dry Cleaning Plants • Dust-Producing Processes and Operations • Explosive or Blasting Agents • Flammable and Combustible Liquids • Fruit Ripening Plants • Hazardous Materials Supported Structures • High-Pile Combustible Storage (HPS) • Liquefied Petroleum Gases 5 Magnesium Working Motor Vehicle Open Burning Organic Coating Ovens Fuel-Dispensing Powder Coating Public Assembly Pyrotechnical Special Effects Radioactive Materials Refrigeration Systems Repair Garages Rubbish Handling Operations Spraying or Dipping Operations Tents, Canopies and/or Tire Storage Welding and Cutting Operations Air B & C-101 LPG or Gas Fuel Vehicles in Assembly Buildings Wood Products/Lumber Yards 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 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 project 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 6 B & C-102 Reciprocal water covenant -Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, • favoring the F-re District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general) The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District Chronolo~ica! ~ummar~ of RCd=P® standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits r~ ~~ 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 Please reference the RCFPD Water Plan Submittal Procedure Standard 4 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 5 6 7 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 recorded with the County of San Bernardino All easements and agreements must be 7 B & C-103 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 m service 6 Fire Alarm System Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services 7 Access Control Gates Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted 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 9 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 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 8 B&C-104 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 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, an 8 Y2" 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 C 9 B & C-105 RESOLUTION NO 07-56 ® A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM18680, A REVIEW OF A PROPOSED 3-UNIT SUBDIVISION FOR CONDOMINIUM PURPOSES OF A BUILDING TO BE CONSTRUCTED ON A VACANT PARCEL OF 1 23 ACRE IN THE GENERAL INDUSTRIAL (GI) DISTRICT, SUBAREA 13, LOCATED AT 9275 CHARLES SMITH AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0229-283-02 A Recitals 1 William Fox Group filed an application for the issuance of Tentative Parcel Map SUBTPM18680, 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 26th day of September 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date 3 All legal prerequisites prior to the adoption of this Resolution have occurred B Resolution • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on September 26, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies a parcel of land located at 9275 Charles Smith Avenue with an overall area of about 53,580 square feet (1 23 acres) and a street frontage along Charles Smith Avenue of about 330 feet and a depth of about 167 feet, and b To the north of the subject site is a small office/warehouse complex consisting of two buildings, to the south is a refueling station, and to the east is the I-15 Freeway (with additional industrial buildings beyond the freeway), and to the west is a warehouse building, and c The applicant proposes to subdivide the property into three (3) units for condominium purposes, d The proposed tentative parcel map is in conjunction with a development review (related file Development Review DRC2007-00253) to construct an office/warehouse building of 22,498 square feet, and e The proposed tentative parcel map, together with the recommended Conditions of Approval, meets the development standards for the City of Rancho Cucamonga B & C-106 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 Page 2 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 The proposed tentative parcel map is in accord with the General Plan, the obtectives of the Development Code, and the purposes of the district in which the site is located The proposed protect is to subdivide a proposed industrial building for condominium purposes and is consistent with similar subdivisions of this nature b The proposed tentative parcel map, 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 surrounding properties are zoned industrial and the surrounding uses are industrial-oriented c The proposed tentative parcel map complies with each of the applicable provisions of the Development Code The proposed parcel map meets all standards outlined in the Development Code and the design and development standards and policies of the Planning Commission and the City C 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 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, City staff prepared an Initial Study of the potential environmental effects of the protect Based on the findings contained in 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, 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 furtherfinds that the Mitigated Negative Declaration reflects the independent cudgment 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 B & C-107 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 • Page 3 d 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 subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference Planning Department 1) Approval is for the subdivision of one (1) parcel into three (3) units for condominium purposes 2) Shared access, parking, and maintenance shall be incorporated in the project Covenants, Conditions, and Restrictions (CC&Rs) 3) All pertinent conditions of approval for Development Review DRC2007-00253 shall apply as adopted bythe Planning Commission Engineering Department 1) Full frontage improvements shall be completed in accordance with City "Local Industrial" standards as required, included but not necessarily limited to the following a) Provide curb and gutter, property line adjacent sidewalk, drive approaches (W = 35 feet minimum, R = 11 feet) b) Provide curbside drain outlets m suffiaent number to convey concentrated flows under sidewalks c) Provide one (1) 5800 Lumen HPSV street light d) Provide R26 "NO PARKING" signs e) Provide traffic striping and signage Note Street trees will not be required due to the existence of a 15-inch sewer line and a GTE fiber optic line, both located in the parkway behind the curb Engineering will be working with the Planning Department to place trees behind the right-of-way m an effort to achieve the effect of having street trees f) Update City Drawing Number 2095 to show all revisions needed ® to accommodate this development g) Grading within the north/east area of the site will be done in such a manner as to allow for site surface drainage to reach the street B & C-108 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 Page 4 through a curbside drain outlet located immediately to the south of the north drive approach Concentrated drainage flows conveyed in swales and similar devices shall be PCC with a minimum grade of 0 5 percent Site grading shall conform to UBC and City Building and Safety Division Standards h) Contact Caltrans and determine if drainage easement across your site is needed to drain portion of freeway right-of-way Provide written determination from Caltrans of same Environmental Mitigation Air Quality 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 C 2) Prior to the issuance of any Grading Permits, developer shall submit construction plans to 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 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 B & C-109 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 ® Page 5 • Dispose of surplus excavated material m accordance with local ordinances and use sound engineering practices s 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 SCAOMD and Regional Water Quality Control Board [RWOCB]) daily to reduce Fine Particulate Matter (PM,o) emissions, m accordance with SCAOMD 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 industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i e , in excess of 10 minutes) 11) All industrial and commercial facilities shall designate preferential parking for vanpools 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible 14) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping B & C-110 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 Page 6 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 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 B & C-111 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 • Page 7 Prepare, identify, and curate all recovered fossils for documentation m 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 Geology and Sods 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, 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 PMio emissions Hydrology and Wafer Quality 1) Prior to issuance of Grading Permits, the permit applicant shall submit to Building Official forapproval, 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 project 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 project will be corrected through a ® remediation or restoration program within a specified time frame B & C-112 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 Page 8 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 5) Applicant shall implement additional Best Management Practices as outlined in the Water Quality Management Plan prepared by Kevin J Richer, March 2007 Post-Construction Operational 6) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Kevin J Richer on March 30, 2007 to reduce pollutants after construction entering the storm drain system to the maximum extent practical • 7) 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 8) Prior to issuance of Building Permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Pian (WOMP), 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 m June 2004 9) 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 W aste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit B & C-113 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 Page 9 Nose 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 02 120-D, as measured at the property line The developer shall hire a consultant to perform weekly noise level monitoring as specified m 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 3) The perimeter clock wall shall be constructed as early as possible in first phase 4) 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 the adoption of this Resolution APPROVED AND ADOPTED THIS 26TH DAY OF SEPTEMBER 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 26th day of September 2007, by the following vote-to-wit B & C-114 PLANNING COMMISSION RESOLUTION NO 07-56 SUBTPM18680 -WILLIAM FOX GROUP September 26, 2007 Page 10 AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • B & C-115 • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No . Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration forthe 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 necessaryto ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported ® 3 The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the project The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City m 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 Drive ® Rancho Cucamonga, CA 91730 B & C-116 Mitigation Monitoring Program Tentative Parcel Map SUBTPM18680 and Development Review DRC2007-00253 Page 2 • 3 Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the protect planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the protect planner 4 The protect planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form After each measure is verified for compliance, no further action is 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 Division The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time 9 In those instances requiring long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the protect site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits B & C-117 • a 0 J _Q H Z .:. ~-- _~ J Y W U z_ O F- Z ~aR V G ~I 3 +.% ~ C ~ v a ~; a o W ~, a c I- ~ m ~ a N O ~, N ~ U ~ cC d O i z a a~ ~ _ ~ ~ ~ V N ~ ~ 0 a ~ . . v ~ ~ ' N N N N N • U U U U a U a a a ~ ~ ~ ~ ~ ro ~ ~ ~ ~ a a Q a a. • 0 0 0 0 0 m ~ ~ ~ m i a i a i a a a a a a ~ ~ ~ ~ ~ . , • U U U m U -. • o m ° ° ° ° ° • m m -O ~ "a U N O C O C C~ O ~ ~ N C N C ~ ~ L _O '6 O CSS U O _- ~ "O ~,.~ ~ N ~ O fn ~ ~ O O ~ O -~ - U U> "-' ?i O 'r (~ U ~ ~ O ~ O ~ ~ O r -O X T ~ CLS •~ L ~ ~ ~ N U c0 U }~ L O d .~~ ~ n. ,~ d ~ O ~ ~~ ~ N ~ O ~ ~ O L ~ ~ Q~ ~ ~ ~ Q ~ 0 ~ ~ ~ ~ (n Q 'Q ~ //~~ I.A. ~~ ~ C"~ L U ~ Q L U C U C i O (0 ~ ~ Cd i N"C..~ ~ C CO O ~ .~ (~ ~ C O ~~ O QL ~ O ~~ 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O d N ~ ~ a a o a. ~_ ~ U c E i° 4_. 4 U a E > O a ~ U ~ ~ O ~ ~F O C ~ ~ p~ N ~ m Q U i~ ~ ~ c a~ r c ~ ~ ° , O O o- a i U ~ ~~" Q o0 U p C O d ~~+ y 61 O C C _ N C U Q1 ~ O ~ t3" p i c !1 Z ~ U ~ ~ ~ O U j o N a o~ W ~ ' o ~ ~ s o o U ~ o ~ a` ~ o O ~2 Q m U p W a~ N c o~ N a~ a 0 O U O p °~ a~ c N ~ _m N C N E `~ c °' m C O ~ ~ ~ O ~ O ~ N N N > O O 'D O 'O C ~ y d O p O ~ o ~ O C rn - Q. ~'` O O O ro o ~ C Q C O Q O .Q E ~' m m U r ~ o ~ w -° ~ U N p G) p p w 0 0 0 LC U ~ U ro a ~ N C O R a N v v t U O r d Y U O cLf C O N Y L U cCS i CSS c C C C as Q O B & C-126 ~r ~~ _~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #. DRC2007-00253 AND SUBTPM18680 DEVELOPMENT REVIEW OF A 22,498 SQUARE FOOT BUILDING AND A 3 UNIT CONDO SUBJECT MAP APPLICANT WILLIAM FOX GROUP LOCATION- 9275 CHARLES SMITH AVENUE - APN 0229-283-02 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 ~. 1 The a Ilcant shall a ree to defend at his sole ex ense an action brou ht a ainst the Clt Its pP 9 P Y 9 9 Y~ 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 Clty, Its agents, officers, or employees may be required by a court to pay as a result of such action The Clty may, at Its sole discretion, participate at its own expense In the defense of any such action but such participation shall not relieve applicant of his obligations under this condition 2 Approval of Tentative Parcel No Is granted subject to the approval of DRC2007-00253 3 Copies of the signed Planning Commission Resolution of Approval No 07-56, Standard Conditions, and all environmental mitigations shall be Included on the plans (full size) The sheet(s) are for Information only to all parties Involved In the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect 4 The applicant shall be required to pay any applicable Flsh and Game fees as shown below The project planner will confirm which fees apply to this project Ail checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing a) Notice of Exemption - $50 b) Notice of Determination - $50 c) Negative Declaration - $ 1,850 X ® d) Environmental Impact Report - $2,550 SC-1-05 1 Completion Date / / -/-/. -/-/- I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007 00253StdCond 9 26 doc B & C-127 Protect No DRC2007-00253 AND SUBTPM18680 Completion Date B. Time Limits 1 Thls tentative parcel 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 2 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 2 Prior to any use of the project 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 Flre 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 adjacent properties 8 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 For single-family residential developments, transformers shall be placed In underground vaults 9 All building numbers and Individual units shall be identified In a clear and concise manner, _/_/_ including proper illumination D. Ind ustrial Buildings 1 Graffiti shall be removed within 72 hours / / 2 The entire site shall be kept free from trash and debris at all times and In no event shall trash and _/_/_ debris remain for more than 24 hours 3 Signs shall be conveniently posted for "no overnight parking" and for "employee parking only " _/_/_ I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9 26 doc B & C-128 Project No DRC2007-00253 AND SUBTPM18680 Completion Date • E. •. 4 All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants a Noise Level -All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 dB during the hours of 10 p m until 7 a m and 65 d6 during the hours of l a m until 10 p m b Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p m and 7 a m unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area 5 Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza _/_/_ They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof Full samples shall be submitted for Planning Director review and approval prior to the issuance of building permits 6 The lighting fixture design shall compliment the architectural program It shall include the plaza _/_/_ area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures Building Design 1 All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/ / projections, shall be shielded from view and the sound buffered from adjacent properties and _ _ streets as required by the Planning Department Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director Details shall be included in building plans 2 For commercial and industrial projects, paint roll-up doors and service doors to match main _/_/ building colors _ Parking and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long W hen a side of any parking space abuts _/_/_ a 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 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards 4 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/ parking stalls Designate two percent or one stall, whichever Is greater, of the total number of _ stalls for use by the handicapped 5 Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/_/ parking stalls Developments with over 100 parking stalls shall provide motorcycle parking at the _ rate of one percent The area for motorcycle parking shall be a minimum of 56 square feet 3 i \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007 00253StdCond 9-26 doc B & C-129 Protect No DRC2007-00253 AND SUBTPM18680 Completion Date G. Trip Reduction 1 Bicycle storage spaces shall be provided in all commercial, office, Industrial, and multifamily _/_/_ residential projects of more than 10 units Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2 5 percent of the required automobile parking spaces Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2 5 percent of the required automobile parking spaces with a minimum of a 3-bike rack In no case shall the total number of bicycle parking spaces required exceed 100 Where this results in a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number 2 Carpool and vanpool designated off-street parking close to the building shall be provided for _/_/_ commercial, office, and industrial facilities at the rate of 10 percent of the total parking area If covered, the vertical clearance shall be no less than 9 feet 3 Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other _/_/_ non-residential development 4 For industrial projects with at least 40 car parking spaces, bicyclist-changing facilities shall be _/_/_ provided to encourage bicycle commuting per the City of Rancho Cucamonga Bicycle Transportation Plan adopted by City Council Resolution No 02-237 Accessible restrooms with storage lockers for clothing and equipment shall be sufficient H. Landscaping 1 A detailed landscape and Irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for 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 A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within _/_/_ commercial and office projects, shall be specimen size trees - 24-inch box or larger 3 W Rhin parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _1_/_ stalls 4 Trees shall be planted in areas of public view adjacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building 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 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 Ali walls shall be provided with decorative treatment If located in public maintenance areas, the _/_/_ design shall be coordinated with the Engineering Department 4 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007 00253StdCond 9-26 doc B & C-130 Project No DRC2007-00253 AND SUBTPM18680 8 On projects which abut the I-15 Freeway, the developer shall provide landscaping within the freeway right-of-way along the boundary of this project or pay an in-lieu of construction cash ® deposit The landscape and irrigation plans shall be prepared In conformance with Caltrans and City Standards through the City of Rancho Cucamonga Plans shall be reviewed and approved by the Planning Director and City Engineer Landscape and irrigation shall be installed prior to the release of occupancy of the protect If final approvals and/or installation are not complete at that time, the City will accept a cash deposit for future landscaping of the Caltrans right-of-way 1. Signs A Uniform Sign Program for this development shall be submitted for Planning Director review and approval prior to issuance of building permits J. Environmental 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 all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit K. Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and location of mailboxes 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 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) L. General Requirements Submit five complete sets of plans Including the following a Site/Plot Plan, b Foundation Plan, c Floor Plan, Ceiling and Roof Framing Plan, 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, 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 Planning Department Project Number (i e , DRC2007-00253 and SUPTPM18680) clearly identified on the outside of all plans I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9 26 doc Completion Date -/-/- -/-/- -/-/- -/-/- -/-/- B & C-131 Protect No DRC2007-00253 AND SUBTPM18680 Completion Date 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 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department M. 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 , DRC2007-00253 and SUBTPM18680) 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 commercial or industrial development project 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 permits issuance 3 Street addresses shall be provided by the Building and Safety Official after tract/parcel map _/_/_ recordation and prior to issuance of building permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday _/_/_ through Saturday, with no construction on Sunday or holidays 5 Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/_ counter) N New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations _/_/_ 3 Provide draft stops in attics in line with common walls / / 4 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/ 5 Upon tenant improvement plan check submittal, additional requirements may be needed _ _/_/_ O. 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 _ 6 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9-26 doc .. • B & C-132 Protect No DRC2007-00253 AND SUBTPM18680 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 protects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS. P. Dedication and Vehicular Access Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved 2 Reciprocal parking agreements for all parcels and maintenance agreements ensuring point maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map Q Street Improvements 1 Pursuant to Clty Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all Improvements required by these conditions of development approval have been completed and accepted by the Clty 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 2 Construct the following perimeter street Improvements including, but not limited to Street Name Curb & Gutter A.C Pvmt Side- walk Drrve Appr Street Lights Street Trees Comm Trail Median Island Bike Trad Other Charles Smith Avenue 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) curbside drain outlets 3 Improvement Plans and Construction a Street Improvement plans, Including street trees, street lights, and Intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to ® final map approval or the issuance of building permits, whichever occurs first 7 i \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9 26 doc Completion Date -/-/ -~-/- -/-/- -/-/- -/-/- -~ /- -/-/- -/-/- B & C-133 Protect No DRC2007 00253 AND SUBTPM18680 Completion Date 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 Clty Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and _/_/_ interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be Installed with any new construction or reconstruction _/_/_ project along 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 Clty Engineer Notes 1) Pull boxes shall be No 6 at intersections and No 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer 2) Conduit shall be 3-Inch galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per City _/_/_ Standards or as directed by the 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 R. General Requirements and Approvals 1 A signed consent and waiver form to loin and/or form the Law Enforcement Community Facilities _/_/_ District shall be filed with the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first Formation costs shall be borne by the Developer 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 4 Prior to approval of the final map, or prior to Improvement agreement approval If no map is involved, all Tract Maps, Parcel Maps and public improvement plans shall be submitted to the Engineering Division on a compact disc (CD) In Auto CAD (computer aided design) format If public improvement plans are completed after map approval, the CD shall be submitted prior to issuance of a construction permit for frontage improvements or a building permit, whichever occurs first • I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9-26 doc B & C-134 Project No DRC2007-00253 AND SUBTPM18680 Completion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION ~LANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING ONDITIONS: SEE ATTACHED • • 9 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2007-00253StdCond 9-26 doc B & C-135 I NUNDBiw t , *~~` ~~ ~ Rancho Cucamonga Fire Protection f ^ ~ .~ „ ~ District ® yKA y ~ Fire Construction Services STAN®AR® C®I~®!TI®NS William Fox Group Eagle Family Limited 9275 Charles Smith 22k Industrial Condominium Building SUBTPM18680 and DRC2007-00253 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced m 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 Fire Hydrants The following provides design guidelines for the spacing and location of fire hydrants a The maximum distance between fire hydrants mcommercial/industrial projects is 300-feet No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant For cul-de-sacs, the distance shall not exceed 100-feet b The preferred locations for fire hydrants are At the entrance(s) to a commercial, industrial or 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 B & C-136 d Provide one fire hydrant for each 1000 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 2000 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 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 Budding 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 C 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 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 Commercial or industrial structures greater than 7,500 square feet 2 Group "A" Occupancies 3 "E" Occupancies with an occupant load of 50 or more persons 4 All structures that do not meet Fire District access requirements (see Fire Access) 5 When required fire flow cannot be provided due to inadequate volume or pressure 6 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 7 When any applicable code or standard requires the structure to be sprinklered FSC-5 Fire Alarm System The California Building Code, the RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code require a listed fire sprinkler monitoring Central Station Fire Alarm system Plan 2 B & C-137 check approval and a building permit are required Prior to the installation of the fire alarm system Plans and specifications shall be submitted to Fire Construction Services m accordance with RCFPD Fire Alarm Standard #10-6 J 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 Roadways Std #9-7 Location of Access All portions of the structures 1 S' 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 D~str~ct access roadways per the RCFPD Standards are a The minimum unobstructed width is 26-feet b The maximum inside turn radius shall be 24-feet c The minimum outside turn radius shall be 50-feet d The minimum radius for cui-de-sacs is 45-feet e The minimum vertical clearance is 14-feet, 6-inches • 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% 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 as follows a In buildings without high-piled storage, access shall be provided m accordance with the 2001 California Building Code, Fire and/or any other applicable standards b In buildings with high-piled storage access doors shall be provided m each 100 lineal feet or mayor fraction thereof, of the exterior wall that faces the required access roadways When railways are installed provisions shall be made to maintain Fire District access to all required openings • 4 Access Walkways Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings 3 B & C-138 5 Commercial/Industrial Gates Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #9-2 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 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 afail-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 m buildings with construction features, or high parapets that inhibit roof access 4 B & C-139 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 i 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 • Aerosol Products • Application of Flammable Finishes Operation Magnesium Working Motor Vehicle Fuel-Dispensing • Automobile Wrecking Yards • Battery Systems • Candles and open flames in public assemblies • Cellulose Nitrate • Compressed Gases • Cryogenics • Dry Cleaning Plants • Dust-Producing Processes and Operations • Explosive or Blasting Agents • Flammable and Combustible Liquids • Fruit Ripening Plants • Hazardous Materials Supported Structures • High-Pile Combustible Storage (HPS) • Liquefied Petroleum Gases 5 Open Burning Organic Coafing Ovens Powder Coating Public Assembly Pyrotechnical Special Effects Radioactive Materials Refrigeration Systems Repair Garages Rubbish Handling Operations Spraying or Dipping Operations Tents, Canopies and/or Air Tire Storage Welding and Cutting Operations B & C-140 LPG or Gas Fuel Vehicles in Assembly Buildings Wood Products/Lumber Yards 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 m accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards 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 RECIPR®CAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project The project 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 6 B & C-141 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 facilities in general) The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District Chronoloclical Summary of RCFP® 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, speafications, 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 Please reference the RCFPD Water Plan Submittal Procedure Standard 4 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 5 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 6 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 7 Easements and Reciprocal Agreements recorded with the County of San Bernardino All easements and agreements must be 7 B & C-142 PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed m accordance with Fire Construction • Services' "Temporary Power Release Checklist and Procedures" PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 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 m service 6 Fire Alarm System Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services 7 Access Control Gates Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted m accordance with RCFPD 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 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- iiluminated 6-inch minimum number address shall be provided at the property entrance B & C-143 Larger address numbers will be required on buildings located on wide streets or built with large setbacks mmulti-tenant commercial and industrial buildings The suite designation numbers and/or letters shall be provided on the front and back of all suites • 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, an 8 ~/z" x 11" or 11" x 17" site plan of the site m 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 • 9 B & C-144 ~~~ ~,~ r 1~ ~~ ~~~ T H E C I T Y O F 1~ , 1~ A N C H 0 C U C A M O N G A Staff Report DATE September 26, 2007 TO Chairman and Members of the Planning Commission FROM James R Troyer, AICP, Planning Director BY Rina Leung, Senior Planner SUBJECT ORDINANCE REGARDING TEMPORARY SIGNS - DRC2007-00495 -CITY OF RANCHO CUCAMONGA - A review of a draft ordinance amending Sections 14 08 350, 14 16 010(P) and 14 16 020 and adding Chapter 14 25 to the Rancho Cucamonga Municipal Code concerning temporary signs This item will be forwarded to the City Council for final action ® BACKGROUND Previously, the City Council has expressed concerns about the proliferation of political and other temporary signage that has occurred in the community over the years To address this issue, the City Council appointed a subcommittee to study the issue Council Members Spagnolo and Gutierrez were appointed by the Council to recommend a new Ordinance to the full Council The subcommittee held two meetings regarding the Temporary Sign Ordinance In addition to holding two meetings, the City also brought the item to a City Council study session in addition to public outreach efforts that were conducted with the Inland Valley Association of Realtors, Citrus Valley Association of Realtors and the Rancho Cucamonga Chamber of Commerce INTRODUCTION The proposed Temporary Sign Ordinance will modify the existing Sign Ordinance and consist of new requirements for temporary signs The proposed Ordinance, which was developed based on input from a subcommittee, also includes provisions for yard sale and political signs This staff report will outline a summary of the problems associated with the proliferation of temporary signs along with the functions of the subcommittee, who were assigned to develop the new temporary sign standards It will also include a description of the proposed standards that were prepared to be content neutral and in a manner that protects first amendment rights Finally, the report will address how the Ordinance will be enforced A draft Ordinance and subcommittee meeting minutes are included as attachments ANALYSIS The proposed Temporary Sign Ordinance will repeal the existing political sign section in the Municipal Code and includes new requirements for political signs that will be consistent with other types of similar temporary signs Although the City Council approved a Yard Sale Ordinance on June 20, 2007 to adopt standards for conducting yard sales, it did not ITEM D PLANNING COMMISSION STAFF REPORT DRC2007-00495 -CITY OF RANCHO CUCAMONGA September 26, 2007 Page 2 include standards for yard sale signage The proposed Ordinance also will include provisions for yard sale signage that will be consistent with the standards for political signs The intent of the Ordinance is to provide regulations regarding the posting, display, maintenance, and removal of temporary signs (political, yard sale, and other similar types of temporary signs) in order to protect the First Amendment rights of persons posting such signs on their property while protecting the health, safety, and general welfare of the general public and mamtammg the aesthetic qualities of the City According to the City Attorney's office, the City cannot control political signs in a manner that is more restrictive than any other type of signage containing different content Although cities must not be more restrictive with political signs than other types of signage, cities have the authority to regulate the following o The physical characteristic of all signs as long as the regulation is content-neutral, o Size limits, o Prohibit the posting of all signs on public property, and o Cities may remove abandoned political signs only after an election After receiving a Memorandum outlining the aforementioned items on April 5, 2007, the subcommittee developed revised sign standards that complied with the above requirements The Ordinance will include uniform provisions for yard sale, political, and other similar types of temporary signs to prevent the problems mentioned m the background section In addition, the proposed Municipal Code amendment will prohibit all signage along the public rights-of-way The proposed Ordinance is applicable on a atywide basis and affects all properties m the City of Rancho Cucamonga The proposed Temporary Sign Ordinance includes the following items listed below o A revised definition of 'temporary sign' to include political and yard sale signs o Anew section in the Municipal Code prohibiting signs in the public rights-of-way o Anew section regulating temporary signs (yard sale, political, and other similar types of temporary signs), which is described below - A limit of one sign per parcel/property - A time limit for display of no more than 45 days prior to the date of the event and 10 days after the event - Size restrictions (six square feet for residential and 32 square feet for nonresidential) properties D-2 PLANNING COMMISSION STAFF REPORT DRC2007-00495 -CITY OF RANCHO CUCAMONGA September 26, 2007 • Page 3 ENFORCEMENT AND EDUCATION The Temporary Sign Ordinance will be a part of the Municipal Code Since the Municipal Code currently includes enforcement provisions, it is not necessary to include an enforcement provision in the Ordinance Violators will be cited with administrative fine penalties, which are currently being developed for all violations of the Municipal Code The Code Enforcement Division will be responsible for responding to complaints and general enforcement of the Ordinance To educate the community, the Code Enforcement Division will be responsible for informing the public of the new guidelines FACTS FOR FINDING The purpose of the proposed Temporary Sign Ordinance is to address the issues associated with the proliferation of political and other temporary signage that has occurred m the community over the years Praor to the approval of any amendment to the Municipal Code, the Council, based upon the recommendation of the Planning Commission, must make a finding of the consistency with the General Plan ENVIRONMENTAL DETERMINATION The Planning Department staff has determined that the project is exempt from the California Environment Quality Act (CEQA) and the City's CEQA Guidelines The project qualifies under Section 15061(b)(3) of the State of CEQA Guidelines because the Ordinance will impose greater limitations on uses than may be conducted on developed properties m the City and will thereby serve to reduce potential significant adverse impacts ® CORRESPONDENCE This item was advertised as a public hearing m the Inland Valiey Daily Bulletin newspaper with aone-eighth page ad because more than 1,000 properties would be affected by the citywide scope of the amendment (all residential distracts) RECOMMENDATION Staff recommends that the Planning Commission adopt the attached Resolution recommending approval of Municipal Code Amendment and the addition of Chapter 14 25 of the Municipal Code DRC2007-00495 to the City Council Respectfully submitted, ~, J es R Troyer, AICP Planning Director JT RL/fin/Is Attachments Draft Resolution for Development Code Amendment DR2007-00495 Recommending Approval to City Council • D-3 RESOLUTION NO 07-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF • RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF THE TEMPORARY SIGN ORDINANCE DRC2007-00495, AMENDING SECTIONS 14 08 350, 14 16 010(P), AND 16 14 020 AND ADDING CHAPTER 14 25 TO THE MUNICIPAL CODE CONCERNING TEMPORARY SIGNS, AND MAKING FINDINGS IN SUPPORT THEREOF A Recitals 1 The City of Rancho Cucamonga filed an application for a Temporary Sign Ordinance which amends and contains a chapter addition to the Rancho Cucamonga Municipal Code No DRC2007-00495, as described in the title of this Resolution Hereinafter m this Resolution, the subject amendment and chapter addition is referred to as "the application " 2 On the 26th day of September 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal prerequisites prior to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth 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 September 26, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to property located within the City, and b The proposed amendment will not have a significant impact on the environment 3 Based upon the substantial evidence presented to this Commission during the above- referenced public heanng and upon the specii•IC findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a This amendment and chapter addition do not conflict with the Land Use Policies of the General Plan and will provide for development within the district, m a manner consistent with the General Plan and with related development, and b This amendment and chapter addition promotes the goals and objectives of the Municipal Code, and c The proposed amendment and chapter addition will not be detrimental to the public health, safety, or welfare or materially inJurious to properties or improvements in the vicinity, and • d The subject application is consistent with the objectives of the Municipal Code, and D-4 PLANNING COMMISSION RESOLUTION NO 07-57 DRC2007-00495 -CITY OF RANCHO CUCAMONGA September 26, 2007 Page 2 e The proposed amendment and chapter addition is m conformance with the General Plan 4 The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines The project qualifies under Section 15061 (b)(3) of CEQA because the ordinance will impose greater limitations on uses than may be conducted on developed properties m the City and will thereby serve to reduce potential significant adverse impacts The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption 5 Based upon the findings and conclusions set forth m paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of the amendment and chapter addition of the Municipal Code No DRC2007-00495 by the adoption of the attached City Council Ordinance 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 26TH DAY OF SEPTEMBER 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 26th day of September 2007, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS D-5 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTIONS 14 08 350, 14 16 010(P) AND 14 16 020 AND ADDING CHAPTER 14 25 TO THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING TEMPORARY SIGNS A Recitals (i) It is this Council's intent and goal m adopting this Ordinance to prohibit temporary signs within street rights-of-way This Council finds and declares that the regulations provided by this Ordinance are intended to provide for the public safety and well being by assuring the community aesthetic expectations are fulfilled (u) This Counal also is aware of the fact that temporary signs placed on pnvate property and often referred to as yard signs tend to be impermanent, flimsy, and vulnerable to the elements Because of the tendency of such signs to proliferate, creating litter, physical blight and traffic safety hazards, this Council hereby adopts regulations set forth m this Ordinance pertaining to such signs it is the purpose and intent of this Council to provide minimal regulations regarding the posting, display, maintenance and removal of such signs on private property in order to protect the First Amendment rights of persons posting such signs on their property while protecting the health, safety and general welfare of the general public and maintaining the aesthetic qualities of the City • B Ordinance NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby ordain as follows Section 1 Section 14 08 350 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows "14 08 350 Temporary sign `Temporary sign' means a sign erected for a temporary purpose attracting attention to an activity as provided for within this title and includes any political sign " Section 2 Section 14 16 010(P) of the Rancho Cucamonga Municipal Code hereby is amended to read as follows "P Political signs " Section 3 Section 14 16 020 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows "14 16 020 Prohibited signs All signs not expressly permitted are prohibited, including but not limited to the following D-6 DRAFT ORDINANCE DRC2007-00495 -TEMPORARY SIGNS Page 2 A Roof signs, except as provided for in this title, B Flashing signs, except in time and temperature signs, C Animated signs, D Revolving signs, E Vehicle signs, F Portable signs, except where permitted m this title' G Signs blocking doors or fire escapes, H Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots, I Banners, flags, pennants and balloons, except for special events as provided for m this title, J Advertising structures, except as otherwise permitted m this title, M Obscene matter " • Section 4 Section 14 25 hereby is added to the Rancho Cucamonga Municipal Code to read as follows "Chapter 14 25 TEMPORARY SIGNS AND PROHIBITION AGAINST SIGNS IN PUBLIC RIGHTS-O F-WAY 14 25 010 Signs m Public Rights of Way Prohibited No sign, other than those approved by the governmental entity having Jurisdiction and required for traffic safety, shall be placed, located or maintained within the right of way containing any street, highway or other improvement intended for utilization by vehicular traffic 14 25 020 Temporary Signs on Private Property The following provisions shall control the placement of temporary signs on private property, excepting those signs referred to in and governed by the provisions of Chapter 14 20 of this Municipal Code A Only one sign advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed on any parcel of real property D-7 DRAFT ORDINANCE DRC2007-00495 -TEMPORARY SIGNS Page 3 ® B Any sign advertising, identifying, displaying, directing, or attracting attention to, or conveying an idea related to an event which is to occur on a certain date shall not be placed on a privately owned parcel of property more than 45 days prior to that date and shall be removed no later than 10 days after that date C The area of any face of a temporary sign located on a residentially zoned parcel of property shall not exceed six square feet The area of any face of a temporary sign located on any parcel of private property zoned for non- residential use shall not exceed 32 square feet " Section 5 The City Clerk shall certify to the pass of this Ordinance PASSED this day of , 2007 Donald J Kurth, M D ,Mayor I, Debbie J Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of ® Rancho Cucamonga held on the day of , 2007, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2007, by the following vote AYES COUNCIL MEMBERS NOES COUNCIL MEMBERS ABSENT COUNCIL MEMBERS ABSTAINED COUNCIL MEMBERS ATTEST Debra J Adams, City Clerk D-8 May 8, 2007 CITY OF RANCHO CUCAMONGA SIGN ORDINANCE AD HOC SUBCOMMITTEE MEETING A. CALL TO ORDER A meeting of the Rancho Cucamonga Slgn Ordinance Ad Hoc Subcommittee was held on Tuesday, May 8, 2007, in the Tapia Conference Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California Present were Subcommittee Members Councilmembers Rex Gutierrez and Sam Spagnolo Also present were Mahdi Aluzri, Deputy City Manager, Larry Henderson, Principal Planner, Trang Huynh, Building & Safety Official, Kurt Keating, Code Enforcement Supervisor, Donna Kendrena, Executive Assistant to the City Manager, and by phone James L Markman, City Attorney, Richards, Watson & Gershon The meeting was called to order at 5 04 p m ***** B. ITEMS FOR DISCUSSION RECEIVE AND FILE PRIOR MINUTES April 11, 2007 -APPROVED DRAFT ORDINANCE TO AMEND CITY MUNICIPAL CODE CONCERNING TEMPORARY SIGNS a Mahdi Aluzri, Deputy City Manger opened the meeting He stated that if the Council adopts this draft ordinance, there may be no need for the political sign policy o Jim Markman, City Attorney said that candidates should still be requested to sign a notice of compliance and agree to follow the guidelines in the Ordinance if adopted o There was discussion about how to determine the 45 day limitation on other than political signs Kurt Keating, Code Enforcement Supervisor questioned House 4-Sale signs, and whether those signs should also be limited to 45 days o Larry Henderson, Principal Planner suggested that real estate signs be dealt with separately _~~~.~~ ~ l/ Political Sign Ad Hoc Committee Meeting May 8, 2007 a Trang Huynh, Building Official said that if the Ordinance reads no signs in the public right-of-way, and that would include real estate signs, maybe the solution would be to provide exceptions for weekends o Mr Markman said that the Ordinance would have to be "content neutral" and not sign specific o Councilmember Rex Gutierrez said that if the Ordinance reads no signs in the public right-of-way, then real estate signs will only be allowed in residential areas o Councilmember Sam Spagnolo fears the businesses will not support such an ordinance o Mr Aluzri asked if the Councilmembers would be comfortable with prohibiting political signs in the public right-of--way, and allowing temporary or political signs in residential areas only o Councilmember Spagnolo said that real estate signs could still be put up on Saturdays and Sundays for open houses etc because they would be removed the same day © Mr Aluzri asked if it might be best to add to the ordinance, "no temporary sign can remain overnight" o Mr Markman said it's best to prohibit signs in the public right-of-way altogether © There was discussion about removing illegal signs, and Mr Huynh said they pick up hundreds of these signs a month Councdmember Gutierrez suggested that there should be a $50 fine for posting illegal signs More elaboration on the storage and return of signs, and whether there should be a requirement to have contact information on the signs o Councilmember Spagnolo questioned signs used by non-profit groups, and Mr Henderson explained that if they have permission from the building owner and they are not in the public right-of-way, then current code provisions provide for a permit process and a fee o Discussion about apartment buildings and the number of signs they would be allowed, lead to Mr Huynh saying that they would need to clarify for Code Enforcement o Continued discussion on different types of signage displayed by individuals, such as t-shirts, live persons, painted vehicles, etc and Mr Keating said people will be looking for these types of alternative signs if this ordinance is passed o Removal of illegal signs was discussed, and Mr Huynh said this will be a great fob for the Code Enforcement Volunteers They can patrol the City and take them down o Councilmember Gutierrez asked what he should do if he sees an illegal sign in the public right-of--way, and Mr Keating said he should contact Code Enforcement Mr Huynh added that the non-emergency line 909- 983-5911 could be used on the weekends or 477-2800 x 2868 the Watch Commander could be notified as well Mr Keating said they have Code Political Sign Ad Hoc Committee Meeting May 8, 2007 Enforcement Officers on duty seven days a week and offered to get the on-duty officer's cell numbers to the Council Councilmember Gutierrez said he would like to meet one more time before banging the ordinance to a Council meeting Mr Aluzri said he will have Mr Markman incorporate the following changes Public R-O-W 1 No signs are allowed 2 A question came up about the hired guys that stand and wave signs (like the statue of liberty person) Would they also be covered Private Property 1 Section A talks about residential properties, and the question Is should we also include commercial properties as well 2 How would the above be consistent (or conflict) with the temporary commercial content signs regulation we have in commercial zones where a permit is required and they are limited in their time period 3 The number of temporary signs per property was also an issue especially in multi-residential or multi-tenant commercial properties 4 The Subcommittee also asked to amend the policy to be consistent with the ordinance, and require the candidates to sign an affidavit acknowledging the City regulations E. ADJOURNMENT The meeting was adjourned at 6 07 p m ****** Respectfully submitted, Donna Kendrena, Executive Assistant City Manager's Office Approved May 30, 2007 H \SIGN ORDINANCE AD HOC SUB\Minutes- 5-8-07 doc 3 \~-~-- ~ ~~ T H E C I T Y O F RANCHO C U C A M O N G A Stiff Report DATE September 26, 2007 TO Chairman and Members of the Planning Commission FROM James R Troyer, AICP, Planning Director BY Donald Granger, Associate Planner SUBJECT CONDITIONAL USE PERMIT DRC2003-00719 -PACIFIC GLOBE LLC - A 6-month progress report for a previously approved 2,947 square foot gas station with a convenience store and a 2,504 square foot fast food restaurant on 1 48 acre of land in the Village Commercial District, located at the northeast corner of Day Creek Boulevard and Highland Avenue - APN 1089-12108 and 1089-401-66 BACKGROUND On February 11, 2004, the Planning Commission conducted a duly noticed public hearing and approved Conditional Use Permit DRC2003-00719 Following approval by the Planning Commission, three residents filed an appeal On Apnl 7, 2004, the City Council conducted a duly noticed public heanng and denied the appeal, thereby upholding the approval of Conditional Use Permit DRC2003-00719 The resolution of the City Council (Resolution 04-124) that upheld the approval of the Planning Commission includes language making the approval subject to all the conditions of approval outlined m the Planning Commission's resolution of approval (Resolution 04-22) Condition of approval #23 from Resolution 04-22 requires that the project be reviewed by the Planning Commission 6 months after opening, including crime statistics and neighborhood issues ANALYSIS On January 20, 2007, the Shell gas station and convenience store with a Jack in the Box drive-thru opened for business under Conditional Use Permit Number DRC2003-00719 Planning staff has received approximately four phone calls over a 5 month period from a resident who resides on Palo Verde Place, which is within the single-family neighborhood located south of the project site The resident brought to Planning staffs attention four areas of concern The resident's issues, a summary of the project's compliance with the conditions of approval, and a review of the business' operations that might negatively impact adjacent uses are discussed below ~' ~ D PLANNING COMMISSION STAFF REPORT DRC2003-00719 -PACIFIC GLOBE LLC September 26, 2007 Page 2 SUMMARY OF NEIGHBORHOOD ISSUES A Glare Shortly following the opening of the gas station m January of 2007, staff received a telephone call from the neighboring resident regarding glare impacts from parking lot light fixtures Planning staff contacted the service station owner, Mr Benny Mirshaffiee, and informed him of the issue Mr Mirshaffiee agreed to install glare shields on the light fixtures that were impacting the neighborhood to the south Since the installation of the glare shields, staff has not received any further complaints regarding glare B Audible Music Staff received one phone call regarding the volume levels of the music being played under the pump island canopy were discernible, particularly at night Mr Mirshaffiee was contacted by staff, and he agreed to lower the volume levels and, if necessary, turn off the music at night Staff has not received any further complaints regarding the volume levels C Noise From Loitering Customers In early August, staff received a telephone call expressing concern over customers loitering in the parking lot during late night hours The resident cited impacts from noise, and wanted to make sure that the station was complying with the on-site security requirement to ensure that any potential nuisance impacts were being proactively addressed Again, staff contacted Mr Mirshaffiee and instructed him to have his on-site security address this issue Staff has not received further phone calls regarding loitering or similar issues D Noise from Site Cleaning In the middle of August, staff received a telephone call expressing concern over noise being generated from cleaning operations in the early a m hours (i e 4 30 a m to 5 30 a m) Apparently mechanical cleaning equipment, such as high-pressure water and steam cleaning devices are used throughout the cleaning operation Planning staff contacted Mr Mirshaffiee and informed him that outdoor cleaning operations must be performed during normal business hours (e g 8 a m to 8 p m ), be sensitive to the adjacent residential district and not create any adverse impacts Mr Mirshaffiee agreed to contact the cleaning service and reschedule the monthly site cleanings to occur during the time window noted above SUMMARY OF COMPLIANCE WITH PERTINENT CONDITIONS OF APPROVAL A Caltrans Landscaping Condition of approval #16 requires that "Day Creek Boulevard frontage improvements to be in accordance with the Day Creek Boulevard Scenic/Recreation Corridor Master Plan, including, but not limited to, tree species and spacing, decorative hardscape, and a 10-foot wide concrete Community Trail Condition of approval #17 states the following "The frontage on Day Creek Boulevard and the slopes on the 210 Freeway eastbound onramp shall be landscaped according to the approved landscape design by Caltrans " These two conditions of approval have been challenging for City staff and the applicant to implement because of landscape plan coordination issues between the City, Caltrans and the business owner During the construction process, it came to staffs attention that the plant palette approved by the City did not meet the landscape requirements imposed by Caltrans a~ ~- PLANNING COMMISSION STAFF REPORT DRC2003-00719 -PACIFIC GLOBE LLC September 26, 2007 Page 3 During construction, right-of-way inspectors from Caltrans issued a stop work order for the landscaping along the Day Creek Boulevard frontage Caltrans would not approve the installation of the plant palette approved by the Design Review Committee since it included enhanced plant material that would require additional maintenance and raise liability issues In response to this, over the past six months Planning and Engineering staff have been working with the applicant to obtain an encroachment permit and draft a maintenance agreement that will relieve Caltrans of its maintenance obligation and permit the applicant to install wood chips and plant material that will meet the City's landscape requirements The maintenance agreement has been drafted, accepted by the City Council, and is awaiting final signature by Caltrans In anticipation of Caltrans accepting the agreement, the business owner recently removed cobble and weeds from the slope that fronts Day Creek Boulevard and applied wood chips to the area Once the maintenance agreement has been executed by Caltrans, Planning staff will coordinate with the business owner applicant the installation of remaining plant material The 10-foot wide Community Trail has been installed and the Engineering Department is working with the applicant to ensure that the decorative pedestrian lights will be installed The landscaping along the eastbound I-210 onramp has been installed and is maturing and spreading at a healthy rate The granite gateway entry monument has been installed, thereby completing the intersection of Day Creek Boulevard and Highland Avenue B On-site Security Condition of approval #22 from Planning Commission Resolution 04-22 requires that "On-site security shall be provided Friday, Saturday, and Sunday evenings from 8 00 p m to 6 00 a m " Planning staff contacted the service station owner and requested a summary of the on-site security operations Mr Mirshaffiee has indicated to staff that until the middle of August security was provided by hired employees Recently, the business owner contracted with a private security firm to provide internal and exterior security on Fridays, Saturdays, and Sundays during the required hours C Police Service Calls Planning staff contacted Marisela Monarrez, Sheriff Service Specialist, to perform a records search for service calls from January of 2007 to August 7, 2007 The records search indicates that since the opening of the gas station and convenience store, there have been four calls because of subject disturbances, and three service calls for petty theft and fraudulent use of a credit card The records search indicates no calls for mayor crimes D Code Enforcement Calis Planning staff reviewed Code Enforcement's records for compliance with the Municipal Code On April 30, 2007, Code Enforcement received a request from the public regarding a vandalized and damaged monument sign at the service station Code Enforcement contacted the property owner about the damaged sign and scheduled afollow-up inspection for May 15, 2007 The disposition of the case indicates that that property owner has resolved the issue Additionally, a recent site inspection by Planning staff found the monument sign to be well-maintained and m good order E Alcoholic Beverage Control (ABC) Compliance The applicant has a Type 20 ABC License, which permits the sale of beer and wine for off-site consumption Planning staff contacted the Department of Alcoholic Beverage Control (ABC) to ascertain if any -.~ PLANNING COMMISSION STAFF REPORT DRC2003-00719 -PACIFIC GLOBE LLC September 26, 2007 Page 4 violations have occurred On March19, 2007, ABC recorded a sale to a minor violation as a result of a decoy compliance operation The license owner opted to pay a $2,100 fine in lieu of a 15 day license suspension During a recent meeting between Planning staff and Mr Mirshaffiee to discuss the project, Mr Mirshaffiee reiterated his commitment to employee training and proper alcoholic beverage sales procedures There are no other ABC violations on file F Fire Department After a business has been open for one year, the Fire Department conducts compliance inspections as part of their routine procedures Because the gas station and convenience store has only been open for approximately 9 months, the Fire Department has yet to conduct its first annual inspection However, prior to opening and receiving approval for occupancy in January of 2007, the building received final approval and occupancy clearance from the Fire Construction Services Division, the Fire Code inspection arm of the Building and Safety Department G Signs Following a site inspection in August, Planning staff contacted the business owner regarding the installation of one wall-mounted sign that did not meet the requirements of the City's Sign Ordinance Upon notification by staff, the business owner promptly scheduled the removed the non-compliant sign All other signs on the property were found to be compliant CONCLUSION As discussed above, during the first six months of operation the business has experienced some initial start-up and operational impacts that have necessitated attention and responses from the owner The business owner, Mr Benny Mirshaffiee, has responded appropriately and in a timely manner to these impacts and issues that have been brought to his attention by staff Following the execution of the maintenance agreement by Caltrans, the applicant will complete the final landscape requirements and the project will be in full compliance With the issues addressed above by the business owner and continued monitoring by staff, the service station should operate in a manner that is compatible with the surrounding area and not cause any adverse impacts Planning staff has reviewed the conditions of approval for the project and standard conditions and finds that the business is being operated responsibly and in accordance with the conditions of approval RECOMMENDATION Staff requests the Planning Commission receive the progress report and provide additional comment and direction to staff as necessary Respectfully submitted, i James R Troyer, AICP Planning Director JT DG/rlc '~ PLANNING COMMISSION STAFF REPORT DRC2003-00719 -PACIFIC GLOBE LLC September 26, 2007 Page 5 Attachments Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G - Planning Commission Staff Report dated February 11, 2004, without Exhibits - Site Util¢afion Plan - Site Plan - Landscape Plan - Planning Commission Resolution 04-22, dated February 11, 2004 - Standard Conditions, dated February 11, 2004 - City Council Resolution 04-124, dated Apnl 7, 2004 ® ~ --, C' _. T H E C I T_Y O F _ RANCt1O CUCAMONGA Staff Report DATE February 11, 2004 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Donald Granger, Assistant Planner • SUBJECT ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2003-00719 -PACIFIC GLOBE LLC -The development of a 2,947 square foot gas station and convenience store and 2,504 square foot fast food restaurant on 1 48 acres of land in the Village Commercial District, located at the northeast corner of Day Creek Boulevard and Highland Avenue - APN 1089-121-08 and 1089-401-66 Related files Preliminary Review DRC2003-00063 and Pre-Appl-cation Review DRC2003-00064 PROJECT AND SITE DESCRIPTION A Surrounding Land Use and Zoning North - Route 210 Freeway South - Single-Family Residential, Low-Medium Residential (4-8 acre), Victoria Community Plan East - Highland Avenue and Route 210 Freeway West - Future Gas Station and Fast Food, Victoria Community Plan B General Plan Designations Project Site -Neighborhood Commercial North - Route 210 Freeway South - Low-Medium Residential East - Highland Avenue and Route 210 Freeway West - Neighborhood Commercial dwelling units per C Site Characteristics The triangular site Is bounded by Day Creek Boulevard, the 210 Freeway and Highland Avenue The site has an average grade of approximately 10 percent, sloping from north to south, and some areas have grades approaching 50 percent on existing, manufactured slopes The site has 20 feet of fall from the northwest corner of the parcel to the southwest corner of the parcel The site Is constrained by the shape, and the existing topography Exhibit A E-6 PLANNING COMMISSION STAFF REPORT DRC2003-00719 -PACIFIC GLOBE, LLC February 11, 2004 Page 2 D Parking Calculations Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Convenience 2,947 1/250 12 store Fast food 2,504 1 /75 33 Totals: 45 45 BACKGROUND On February 12, 2002, the Planning Commission conducted a workshop on the proposed gas station, convenience store and fast food restaurant At the workshop, the Commission directed the applicant to modify the proposed protect to be highly sensitive to the neighborhood to the south, and that the protect was overbuilt The Commission emphasized the importance of on-site circulation, the requirement of outstanding architectural design, and the need to prevent glare on the residences to the south In response to the Commission's comments, the applicant revised the elevations, reduced the floor area of the building and designed the site with proper circulation ANALYSIS A General The protect has been designed with a stacked stone base, a tower feature and wood trellis feature with posts mounted on stacked stone bases in the drive-thru lane Decorative concrete is used at both driveway entrances for a pedestrian connection from Highland Avenue and at the handicap parking stalls The pad elevation of the convenience store and fast food restaurant is at the lowest elevation possible m order to minimize the impact of the protect on the existing single-family neighborhood to the south The architecture is compatible with the shopping center and gas station under construction at the southwest and northwest corners of the intersection B Design Review Committee The Committee (McPhail, Stewart and Fong) reviewed the protect on January 6, 2004 At the meeting the applicant presented revised drawings, which satisfied several of the Mator and Secondary Issues The Committee reviewed the protect and recommended approval, subtect to the applicant revising the plans and scheduling the protect as a Consent Calendar item at the January 20, 2004, meeting The applicant agreed to make ail of the requested changes The Committee reviewed the revised protect as a Consent Calendar item on January 20, 2004, and recommended approval C Grading Committee The protect was reviewed by the Grading Committee on January 6, 2004 The Committee recommended approval, subtect to the following conditions 1) mounding shall only occur east of the east driveway in order to ensure adequate line-of- sight, 2) the frontage on Day Creek Boulevard and the slopes on the 210 Freeway eastbound onramp shall be landscaped, and 3) the building pad shall be lowered to the maximum extent possible, raised only what is necessary to accomplish adequate E-7 PLANNING COMMISSION STAFF REPORT DRC2003-00719 -PACIFIC GLOBE, LLC February 11, 2004 Page 3 drainage The Committee's conditions have been included in the attached Resolution of Approval D Technical Review Committee The Technical Review Committee reviewed the project on January 6, 2004, and recommended approval subject to the standard conditions outlined in the attached Resolution of Approval E Environmental Assessment Part I of the Initial Study was completed by the applicant Staff completed Part II of the Environmental Checklist The project will create new light and glare because the site is currently vacant Light fixtures have been designed to confine the area of illumination to the project site Under the pump island canopy, lighting will be recessed, and will confine the area of illumination to the project site Alighting study was prepared to assess the impact of glare on the existing single-family residences to the south According to the light study, all residential lots to the south will have 0-foot candle illumination from the proposed project The maximum foot candle illumination allowed from light standards on a project site to an adjacent property is 5-foot candles, therefore, the project meets the City's standard An acoustical consultant evaluated the site to determine the impacts of the proposed gas station and drive-thru facility on the existing neighborhood to the south The acoustical consultant concluded that there would be no impact because vehicular traffic on the 210 Freeway, Day Creek Boulevard and Highland Avenue, would far exceed any noise generated by the project Staff concluded that the project could have a significant adverse environmental impact on short-term air quality during site preparation, such as grading and equipment exhaust Mitigation measures will be required to reduce impacts to short-term air quality The mitigation measures will reduce these impacts to a less than significant level If the Commission concurs, then issuance of a Mitigated Negative Declaration would be m order NEIGHBORHOOD MEETING The applicant held one neighborhood meeting to discuss the proposed project on January 5, 2004, at a nearby school (11 residents attended) Residents had questions about glare, traffic, the use of landscaping for screening purposes on the south side of Highland, the proposed hours of operation, the sale of alcoholic beverages at the convenience store, and the pad elevation of the project site The residents also had questions about the possible installation of a median on Highland Avenue and the installation of a right turn lane off Highland Avenue into the project Staff offers the following responses to the residents concerns Pad elevation At the neighborhood meeting, several residents raised concerns about the pad elevation of the proposed convenience and fast food restaurant (1449 50) Since the neighborhood meeting, the applicant has lowered the pad to 1445 96 (3 5 feet) The pad elevation has been engineered to be as low as possible while still meeting the requirements of drainage and containment areas as required under Water Quality Management Plan ® Glare Light fixtures have been designed to confine the area of illumination to the project site Under the pump island canopy, lighting will be recessed, and will confine the area of illumination EY.~l~~ ~ 1~-Z, E-8 PLANNING COMMISSION STAFF REPORT DRC2003-00719 -PACIFIC GLOBE, LLC February 11, 2004 Page 4 to the project site Alighting study was prepared to assess the impact of glare on the existing single-family residences to the south According to the light study, all residential lots to the south will have 0-foot candle illumination from the proposed project Traffic The project will generate a combined total of 200 two-way, peak hour trips for all three uses (fast food, convenience store and gas station) The amount of two-way trips is less than 1,000 two-way peak hour trips for retail land use, therefore, the project is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis The City's Traffic Engineer has informed the Planning Division that a traffic impact analysis is not required based upon the trip generation rates Median on Highland Avenue east of Day Creek Boulevard The City's Traffic Engineer has evaluated the project site and has determined that the proposed project and the traffic counts on Highland Avenue do not require the construction of a median Right turn lane into the project from the westbound side of Highland Avenue The City's Traffic Engineer has evaluated the project site and has determined that the proposed project and the traffic counts on Highland do not require the a right turn deceleration lane Landscaping for screening purposes on the south side of Highland Avenue The Engineering Division has included a condition of approval in the attached Resolution of Approval requiring the installation of missing public improvements on the south side of Highland Avenue from the west boundary line of Tract 12046, extending east along Lots 36, 37, and 44 of said tract Improvements include a streetscape/rockscape-landscaping theme with street trees Hours of operation The applicant is requesting a 24-hour operation At the neighborhood meeting, several residents were opposed to a 24-hour operation Noise from the project will not impact the neighborhood to the south An acoustical consultant evaluated the site to determine the impacts of the proposed gas station and drive-thru facility on the existing neighborhood to the south The acoustical consultant concluded that the vehicular traffic on the 210 Freeway, Day Creek Boulevard and Highland Avenue would exceed any noise generated by the project A light study was prepared for the project to assess the impacts of glare on the existing neighborhood to the south According to the light study, all residential lots to the south will have 0-foot candle illumination from the proposed project Therefore, since noise and glare will not impact the residences to the south, a request fora 24-hour operation is reasonable Sale of alcoholic beverages at the convenience store At the neighborhood meeting, several residents were opposed to the sale of alcoholic beverages from the convenience store because they felt that there would be enough stores nearby to purchase alcoholic beverages The project is surrounded by a gas station with a convenience market to the west, and a neighborhood shopping center anchored by a mayor grocery store that will sell alcoholic beverages for off-site consumption The City of Rancho Cucamonga has no regulation prohibiting or otherwise limiting the concentration of businesses selling alcoholic beverages The sale of beer and wine is allowed in the Village Commercial District, subject to the approval of a Conditional Use Permit The proposed Conditional Use Permit application contemplates the sale of beer and wine only for offsite consumption (Type 20 ABC license) 'EXl~~~' !~-3 E-9 PLANNING COMMISSION STAFF REPORT DRC2003-00719 -PACIFIC GLOBE, LLC February 11, 2004 • Page 5 The Department of Alcoholic Beverage Control regulates the distribution of liquor by setting limits on the different types m each Census Tract Because of a moratorium on all new licenses within San Bernardino County, a determination of public convenience will ultimately be required by the City Council, as governed by the provisions of Section 23958 of the Business and Professional Code The legislation purposefully left the term "public convenience or necessity" undefined so that the local legislative body, the City Council, has the greatest latitude based on local conditions and determinations A determination of Public Convenience and Necessity will be required from the City Council before beer and wine sales can commence Staff believes that the applicant's request to include the sale beer and wine for offsite consumption to be compatible with the surrounding residential and commercial uses and a common business practice associated with a gas station convenience store CORRESPONDENCE This item was advertised as a public hearing m the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the protect site No correspondence has been received RECOMMENDATION Staff reGOmmends that the Planning Commission adopt a Mitigated Negative Declaration of environmental impacts and approve Conditional Use Permit DRC2003-00719 through adoption of the attached Resolution of Approval with conditions ® Respectfully submitted, Brad Buller City Planner BB DG Is Attachments Exhibit "A" - Site Utilization Map Exhibit "B" - Site Pian Exhibit "C" - Conceptual Grading Plan Exhibit "D" - Conceptual Landscape Plan Exhibit "E" - Building Elevations Exhibit "F" - Trellis Elevations Exhibit "G" - Pump Canopy Elevations Exhibit "H" - Floor Plan Exhibit "I" - Roof Plan Exhibit "J" - City Monument Wall Elevations Exhibit "K" - Photometric Diagram Exhibit "L" - Design Review Comments and Action Agendas dated January 6 and 20, 2004 • Exhibit "M" - Draft Resoluti Initial Study on of Approval for Conditional Use Permit DRC2003-00719 ~.xt~~-~c ~-y E10 ~ J Y O 4 m O ~ O < ° I d' ~~~ =~4~ :y O~ d I a ~- ~ so~ s,>;~zg O ~ a ~ N ~ a . ~~ ~ rn ~ N 2 6 ? xx~< ~, S ~ Q U_ ~ ~ ~~~i~~ e C LL ~ 0 t \ O ~ Jb~~Ya ~ ~ ~ lr w ~ < I • ~• L~YI p 1 O~ Q [b KCI w ~ ~ ~~~ '`~~a~ 8888 ~B w ~ ~ U .... 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\\ \\ \ \ 1 ~ \ \ ~ \ ~ ~ 1 \ 1 1 ~ ~ 11 1 ------------- ------------- E x hibit D ------~33~~~d~ -------------- -~ `3f s m n u • RESOLUTION NO 04-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO DRC2003-00719, FOR A GAS STATION WITH PUMP ISLAND CANOPY, AND A SINGLE BUILDING CONTAINING A 2,947 SQUARE FOOT CONVENIENCE STORE AND 2,504 SQUARE FOOT FAST FOOD RESTAURANT ON 1 48 ACRES OF LAND IN THE VILLAGE COMMERCIAL DISTRICT, LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 1089-121-08 AND 1089-401-66 A Recitals 1 Pacific Globe LLC, filed an application for the issuance of Conditional Use Permit DRC2003-00719, as described in the title of this Resolution Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application " 2 On the 5th day of January 2004, the applicant conducted a neighborhood meeting, attended by 11 residents, to present the proposed project and obtain community feedback 3 On the 11th day of February 2004, 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 ® 4 Aii legal prerequisites prior to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Plannng 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 February 11, 2004, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to property located at the northeast corner of Day Creek Boulevard and Highland Avenue, with a total street frontage of approximately 893 feet and an average lot depth of approximately 150 feet, which is presently unimproved, and b The property to the north and east of the subject site is the Route 210 Freeway, the property to the south is developed with single-family homes within the Victoria Community Plan, and the property to the west has an approved entitlement for a gas station, convenience store and fast food restaurant, and c The application proposes the construction of a gas station, convenience store and fast food restaurant with a drive-thru lane, a Conditionally Permitted Use within the Victoria Community Plan, and '''-- --posed building elevations exhibit a high level of architectural design, ~e, score lines, a tower feature, and decorative pavement, and xhibit E E14 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 Page 2 e The proposed protect has adequate off-street parking for all proposed uses, and f The proposed protect has been designed with a pad elevation that is as low as possible, given the site constraints and engineenng tolerances required, in order to minimize the impacts of the protect on the existing single-family residences to the south g The existing grade of the protect site sits higher than the adtoining public streets The proposed protect grading scheme has been designed with a pad elevation of 1445 96 The pad elevation has been engineered to be as low as possible while still meeting the requirements of drainage and containment areas as required under Water Quality Management Plan h The protect design includes light fixtures designed to confine the area of illumination to the protect site Under the pump island canopy, lighting will be recessed, and will confine the area of illumination to the protect site Alighting study was prepared to assess the impact of glare on the existing single-family residences to the south According to the light study, all residential lots to the south will have 0-foot candle illumination from the proposed protect i The protect will generate a combined total of 200, two-way, peak hour tops for ail three uses (fast food, convenience store and gas station) The amount of two-way tnps is less than 1,000, two-way peak hour taps for retail land use, therefore, the protect is below the threshold of the San Bernardino Congestion Management Plan (CMP) cntena for requinng a traffic impact analysis ~ The City's Traffic Engineer determined a localized traffic impact analysis is not required based upon the tnp generation rates The City's Traffic Engineer has evaluated the protect site and has determined that the proposed protect and the traffic counts on Highland Avenue do not warrant the construction of a median on Highland Avenue east of Day Creek Boulevard The City's Traffic Engineer has also evaluated the protect design and determined that the proposed protect and the traffic counts on Highland Avenue do not warrant a nght tum deceleration lane from the westbound side of Highland Avenue k The application contemplates a 24-hour operation, 7 days a week An acoustical consultant evaluated the site to determine the impacts of the proposed gas station and dnve-thna facility on the existing neighborhood to the south The acoustical consultant concluded that there would be no adverse impact to surrounding homes because vehicular traffic noise from the 210 Freeway, Day Creek Boulevard, and Highland Avenue would far exceed any noise generated by the protect Alight study was prepared for the protect to assess the impacts of glare on the existing neighborhood to the south According to the light study, all residential lots to the south will have 0-foot candle illumination from the proposed protect I The application contemplates the sale of alcoholic beverages at the convenience store The sale of beer and wine is allowed in the Village Commercial D~stnct, subtect to the approval of a Conditional Use Permit, in accordance with the zoning regulations of the Victoria Community Plan The proposed Conditional Use Permit application contemplates the sale of beer and wine only for offsite consumption (Type 20 ABC license) The Department of Alcoholic Beverage Control regulates the distribution of liquor by setting limits on the different types in each Census Tract Because of a moratorium on all new licenses within San Bernardino County, a determination of public convenience will ultimately be required by the City Council, as governed by the provisions of Section 23958 of the Business and Professional Code The legislation purposefully ~~ left the term public convenience or necessity" undefned so that the local legislative body, the City Council, has the greatest latitude based on local conditions and determinations The sale of beer ~x~~~ ~-~ E15 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 ® Page 3 and wine for offsite consumption is a common business practice associated with a gas station convernence store The protect is surrounded by a gas station with convenience market to the west, and a neighborhood shopping center anchored by a mator grocery store that wdl sell alcoholic beverages for off-site consumption 3 Based upon the substantial evidence presented to this Commission dunng 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 The proposed use is in accord with the General Plan, the obtectives of the Development Code, and the purposes of the district in which the site is located b The proposed use, 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 c The proposed use complies with each of the applicable provisions of the Development Code 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 protect wdl have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a That the Mitigated Negative Declaration has been prepared incompliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Deciarat~on and the Initial Study prepared therefore reflect the independent tudgment of the Planning Commission, and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application b Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the protect is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the protect, which are listed below as conditions of approval c Pursuant to the provisions of Section 753 5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the protect, there is no evidence that the proposed protect will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission dunng the meeting, the Planrnng Commission hereby rebuts the presumption of adverse effect as set forth in Section 753 5(c-1-d) of Title 14 of the California Code of Regulations ® 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subtect to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference E-16 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 Page 4 Planning Division 1) The project shall be developed in accordance with plans approved by the January 20, 2004, Design Review Committee meeting 2) The proposed building pad shall be at an elevation of 1445 96 3) The battered, tapered architectural wall planes shall be eliminated and replaced with square wall planes 4) At the east elevation, the tower feature shall include an arch and accent tale framed by foam tnm 5) All aluminum awnings shall be eliminated on the east and west elevations and replaced with suspended, large-member, decorative wood trellis that projects from the wall plane a minimum of 2 1/2 feet If necessary, the wood trellis shall be suspended by wood, not cables Final design shall be subject to City Planner review and approval 6) The south and north elevations shall receive additional architectural enhancement, in the form of score lines, matching the east elevation 7) Additional stacked stone shall be added to the convernence store/fast food building The stacked base shall be of 3 1/2 feet On the east elevation, stacked stone shall be added to completely cover the wall plane over the entrance to the Jack in the Box restaurant 8) Black concrete shall be used under the pump island The concrete at the driveways and at the pedestnan connection shall be colored concrete with score lines 9) The six columns supporting the pump island canopy shall have a stacked stone, and a decorative cap Stacked stone shall extend from the base of the columns up 8 feet 10) The columns supporting the wood trellis shall be large size timber The following dimensions shall be used 24-inch base with stacked stone earned to the bottom of the posts Posts shall be 12 inches by 12 inches Beams shall be 5 1/8 inches by 18 inches and trellis members shall be 4 inches by 10 inches 11) The monument signs shall blend into the grades and berms Final design shall be subject to City Planner review and approval 12) All cornices shall have finished ends and wrap around where the wall plane returns 90 degrees The back side of raised architectural features on the parapet shall have decorative cornices 13) The pump island canopy shall have a mansard roof with tile, and lighting under the pump island canopy shall be recessed EX~~~ E 3 E17 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 ® Page 5 14) The protect will have a plaza with decorative concrete, matching the protect at the northwest comer of Day Creek Boulevard and Highland Avenue (DRC2001-00638) Final design of the plaza shall be subtectto City Planner and City Engineer review and approval The traffic signal controller box shall be relocated by the developer to either side of the entry monument sign The final location of the box shall be approved by the City Planner and City Engineer The building plans submitted for plan check shall indicate the plaza area with decorative concrete 15) Berming within the landscape setback shall only occur east of the east dnveway in order to ensure adequate line-of-sight, therefore, parking lots shall be screened by a combination of low decorative screen walls and continuous hedgerow 16) Day Creek Boulevard frontage improvements to be in accordance with the Day Creek Boulevard SceniGRecreation Comdor Master Plan, including, but not limited to, tree species and spacing, decorative hardscape, and a 10-foot wide concrete Commurnty Trail 17) The frontage on Day Creek Boulevard and the slopes on the 210 Freeway eastbound onramp shall be landscaped according to the approved landscape design by Caltrans ® 18) The sidewalk along Highland Avenue shall terminate at the pedestrian connection west of the westerly dnveway 19) No outdoor dining area, customer seating or tables, is permitted because of parking limitations 20) No exterior neon lighting is allowed, except within a sign canister or inside individual channelized letters 21) No public telephones shall be placed on the property 22) On-site security shall be provided Friday, Saturday, and Sunday evenings from 8 pm to 6 am 23) The protect is to be reviewed by the Planning Commission 6 months after opening, including crime statistics and surrounding neighborhood issues 24) The final Landscape Plan shall be reviewed by the Design Review Committee prior to building permit issuance Enaineering Division 1) Day Creek Boulevard frontage improvements to be in accordance with ® the Day Creek Boulevard Scenic/Recreation Corridor Master Plan, including, but not limited to, the following a) Provide decorative street lighting and street trees E18 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 Page 6 b) Privately maintained landscaping shall match the adjacent landscape maintenance district to the south and conform to the Day Creek Boulevard Beaut~ficateon Master Plan plant palette c) No driveways shall be constructed on Day Creek Boulevard frontage d) Protect in place and replace/repair, as needed, the existing curb and gutter, sidewalk, striping and signage, including R26(s) "No Stopping" signs 2) Highland Avenue frontage improvements to be in accordance with "Collector" standards, including, but not limited to, the following a Provide ultimate curb and gutter, street trees, streetlights and asphalt pavement, as required b Provide property-line adjacent sidewalk from comer of Day Creek and Highland Avenue to the pedestrian access c Protect or replace existing R26(s) "No Stopping" signs Provide ultimate traffic striping and signage, as required d Stripe a 260-foot dedicated left tum lane for westbound traffic approaching Day Creek Boulevard e Stripe an 80-foot left tum lane for eastbound traffic at proposed easterly driveway with a 90-foot transition between this left tum lane and the lane in 2 d as noted above West drive approach shall be right tum only 3) Right-of-way on the north side of Highland Avenue shall allow a standard Collector Street parkway, 11 feet measured from the face of curb 4) City entry monument wall and comer treatment shall be consistent wrath the one approved for the northwest comer of Highland Avenue and Day Creek Provide wall maintenance and sidewalk easement encompassing pedestrian areas accessible to the general public 5) Developer shall complete the missing public improvements on the south side of Highland Avenue from the west boundary line of Tract 12046 extending east along Lots 36, 37, and 44 of said tract Improvements include streetscape/rockscape-landscaping theme wrath street trees 6) Secure a highway planting improvement agreement with Caltrans to landscape along the 210 Freeway on ramp and to provide for maintenance service and expenses in accordance with Caltrans requirements ~Xi~=~-~ E-S E19 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 Page 7 7) Parkways shall slope at 2 percent from the top of curb to one foot behind the sidewalk along all street frontages Toes of slopes shall be located outside the driveway lines of sight Special pavement treatments in driveways shall be located outside the public right-of--way 8) 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 percent of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Division when the first building permit application is submitted to Building and Safety Form CD-2 shall be submitted to the Engineering Division within 60 days following the completion of the construction and/or demolition project Police Department 1) Install and maintain a security camera for the convenience store in accordance with Rancho Cucamonga Municipal Code Section 9 28 020 (Ordinance No 548, 1995) Environmental Mit~Qafion Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected 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 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 ~Xl~S6~,' E-ro E 20 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 Page 8 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 penods of time Schedule activities to minimize the amounts of exposed excavated sod dunng and after the end of work penods Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices Sweep streets according to a schedule established by the City if silt is Gamed over to adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon time of year of construction Suspend grading operations dunng high winds (i a ,wind speeds exceeding 25 miles per hour) in accordance with Rule 403 requirements • Maintain a minimum 24-inch freeboard ratio on sods haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, 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,a emissions 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not m use 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged penods (i e , in excess of 10 minutes) 11) Ali industrial and commercial facilities shall designate preferential • parking for vanpools cxw~~ ~-1 E21 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 Page 9 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas 13) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters 14) Ail 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 appropnate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga wdl 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 sigrnficant, important, and unique prehistoric resources, following appropnate 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) A qualified paleontologist shall conduct a preconstruction field survey of the project site The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i a ,paleontological monitoring) that may be appropnate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures • 'E ~1~~'s= C ^E-~ E -22 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 Page 10 Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time dunng the interval of earth-disturbing activities Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monttor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Submit summary report to City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum Geology and Sods 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 • 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon time • of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site dunng such episodes 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions Hydrology and Water Quality 1) Structures to retain precipitation and runoff on-site shall be integrated into the design of the project where appropriate Measures that maybe used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and backs, terraces, diversions, runoff spreaders, seepage pits, and recharge basins 2) 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 2000 ~xws~-~ ~ - `~ E 23 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC • February 11, 2004 Page 11 3) Pnor to issuance of grading or paving permits, applicant shall submit to the City Engineer a Notice of Intent (NOI) to comply with obtaining coverage under the National 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 Discharges Identification Number) shall be submitted to the City Engineer for coverage under the NPDES General Construction Permit Nose 1) The building shall be constructed with insulation in the walls and ceilings, plus double pane windows in the restaurant area 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 morntonng as specified in Development Code Section 17 02 120 Monitonng at other times may be required by the Planning Division Said consultant shall report their findings to the Planning Dwision within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or hafted 4) Haul truck delivenes 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 tnps (counting both to and from the construction site), then the developer shall prepare a noise mrrigation 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 11TH DAY OF FEBRUARY 2004 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ® BY ~ ~ any cNiel, Vice Chairman E,l~~-s~'s-~ E 24 PLANNING COMMISSION RESOLUTION NO 04-22 DRC2003-00719 -PACIFIC GLOBE LLC February 11, 2004 Page 12 ATTEST Bra er, S etary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City ofi Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 11th day of February 2004, by the following vote-to-wit AYES COMMISSIONERS FLETCHER, McNIEL, McPHAIL, STEWART NOES COMMISSIONERS NONE ABSENT COMMISSIONERS MACIAS E 25 a~ -- ~¢ ~.~~ _ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT # CONDITIONAL USE PERMIT DRC2003-00719 SUBJECT GAS STATION, CONVENIENCE STORE AND FAST FOOD RESTAURANT APPLICANT PACIFIC GLOBE LLC LOCATION NEC OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS. A. General Requirements Completion Date • 1 The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition 2 Copies of the signed Planning Commission Resolution of Approval No 04-22, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits 1 Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/_!_ building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations ® 2 Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ =ted to the satisfaction of the City Planner Exhibit F ~ E 26 Project No DRC2003-00719 Completion Date D. 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 Pnor to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection Distract and the Building and Safety Division to show compliance The buildings shall be inspected for compliance pnor to occupancy 4 Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits 5 All site, grading, landscape, irragation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc) or pnor to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 6 Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans m 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 City Planner and Police Department (477-2800) prior to the issuance of building permits Such plan shall indicate style, illummation, location, height, and method of shielding so as not to adversely affect adjacent properties 8 Trash receptacle(s) are required and shall meet City standards The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval pnor to the issuance of building permits 9 All ground-mounted utility appurtenances such as transformers, AC condensers, etc ,shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single- family residential developments, transformers shall be placed in underground vaults 10 All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination 11 All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits 12 Where rock cobble is used, it shall be real aver rock Other stone veneers may be manufactured products Shopping Centers A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc ,shall be utilized and be compatible with the architectural style Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner a Architecturally integrated into the design of (the shopping center/the project) b Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors c Large enough to accommodate two trash bins d Roll-up doors SC-10-03 '~ ~,~'~'~3'~~" ~ - / / / / / / -/-/- / / / / / / -/-/- / / -/-/- -/-/- / / / / /- E 27 Project No DRC2003-00719 Completion Date e Trash bins with counter-weighted lids _/ /_ • f Architecturally treated overhead shade trellis _/_/_ g Chain link screen on top to prevent trash from blowing out of the enclosure and designed _/_/_ to be hidden from view 3 Trash collection shall occur between the hours of 7 00 a m and 7 00 p m only _/ / 4 Graffiti shall be removed within 72 hours _/_/_ 5 The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ debris remain for more than 24 hours 6 All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants a Noise Level -All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 dB during the hours of 10 p m until 7 a m and 65 dB during the hours of l a m until 10 p m b Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p m and 7 a m unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area 7 Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza _/_/_ They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits 8 The lighting fixture design shall compliment the architectural program It shall include the plaza _/_/_ • area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures E. Bui lding Design 1 All roof appurtenances, including air conditioners and other roof mounted equipment and/or _/_/_ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner Details shall be included in building plans 2 For commercial and industrial projects, paint roll-up doors and service doors to match main _/_/_ building colors F Par king and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long When a side of any parking space abuts _/_/_ a 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 SC-10-03 '~cX~~"~ C F ~ 3 E 28 Protect No DRC2003-00719 Completion Date G H. 5 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped • 6 Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent The area for motorcycle parking shall be a minimum of 56 square feet Tro p ~educti®n 1 Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects of more than 10 units Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2 5 percent of the required automobile parking spaces Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2 5 percent of the required automobile parking spaces with a minimum of a 3-bike rack In no case shall the total number of bicycle parking spaces required exceed 100 Where this results in a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision 2 A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within _/_/_ commercial and office projects, shall be specimen size trees - 24-inch box or larger 3 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ stalls 4 Trees shall be planted in areas of public view adjacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building 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 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 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in _/_/_ the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division 8 Special landscape features such as mounding, alluvial rock, specimen size trees, meandering _/_/_ sidewalks (with horizontal change), and intensified landscaping, is required along Day Creek Boulevard and Highland Avenue • SC-10-03 ~..X~s~~ ~ 3 4 E-29 Project No DRC2003-00719 9 Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this protect area shall be continuously maintained by the developer 10 All walls shall be provided with decorative treatment If located in public maintenance areas, the design shall be coordinated with the Engineering Division 11 Landscaping and irrigation shall be designed to conserve water through the principles of Xenscape as defined in Chapter 19 16 of the Rancho Cucamonga Municipal Code Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs 2 A Uniform Sign Program for this development shall be submitted for City Planner review and approval prior to issuance of building permits J. Environmental Mitigation measures are required for the protect The applicant is responsible for the cost of implementing said measures, including monitoring and reporting Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 719 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit ~PLICANT SHALL CONTACT THE BUILDIAIG AND SAFETY DIVISION, (909) 477-2710, FOR MPLIANCE WITH THE FOLLOWING CONDITIONS NOTE ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1 Submit five complete sets of plans including the following a Site/Plot Plan, b Foundation Plan, c Fioor Plan, d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g Planning Division Protect Number (i e , TT #, CUP #, DR #, etc) 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 SC-10-03 ~~~~~~ ~ _y 5 E 30 Completion Date -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- / / -/-/- Project No DRC2003-00719 Completion Date 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 Business shall not open for operation pnor to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Division L. Sote ®eveloprnent 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 , DRC2001-00001) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new commercial or industrial development project 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, and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permits issuance 3 Street addresses shall be provided by the Building and Safety Official after tract/parcel map _/_/_ recordation and pnor to issuance of building permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday _/_/_ through Saturday, with no construction on Sunday or holidays 5 Construct trash enclosure(s) per City Standard (available at the Planning Division's public _/_/_ counter) M. New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness 2 Provide compliance with the California Building Code for required occupancy separations _/_/_ 3 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505 4 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A /_/_ 5 Openings in exterior walls shall be protected in accordance with CBC Table 5-A _/ /_ 6 Upon tenant improvement plan check submittal, additional requirements may be needed _/_/_ N 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 SC-10-03 6 E31 Project No DRC2003-00719 Completion Date 4 The final grading, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the Issuance of building • permits 5 A separate grading plan check submittal is required for all new construction projects and for existing buildings where Improvements being proposed well generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedfication and Vehicular Access 1 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline) Varies total feet on Highland Avenue Varies total feet on Day Creek Boulevard 2 Corner property line cutoffs shall be dedicated per City Standards 3 All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the final map 4 Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City P. Street Improvements • 1 Pursuant to City Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any bullding 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 bulldings, 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 bulldings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development 2 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 Day Creek Boulevard X X Highland Avenue X X X X X X Improvement Plans and Construction SC-10-03 a Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of bullding permits, whichever occurs first 7 -/-/- -/-~ -/-/- / / -~-~ / / / / / / /_ /_/_ -/-/- E 32 Project No DRC2003-00719 b Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along mayor or secondary streets and at intersections for future traffic signals and interconnect wrong Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes 1) Pull boxes shall be No 6 at intersections and No 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer 2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer f Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permits are required A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots h Street names shall be approved by the City Planner prior to submittal for first plan check 4 Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program 5 Install street trees per City street tree design guidelines and standards as follows The completed legend and construction notes shall appear on the title page of the street improvement plans 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 Day Creek Boulevard Washingtonia Mexican Fan 4' 25' O C 15' Min Flll Master Plan robusta* Palm B T H or In `can be located 5' match est heights from street light Pyrys callerana Aristocrat 4' 25' O C 'Aristocrat' Pear Staggered rows on alternate sides of walk Informal Brachychlton Bottle Tree 5' 25' O C 15 Gal popuineus Background where room Highland Avenue Lagerstoemla Crape Myrtle 3' 20' O C 24" Box Indlca Hybrid-Pink 'Muskogeei' SC-10-03 ~~~ ~'", 8 Completion Date / / ! / • / / / / / / / / -~-~-. -~-~- / / E -33 Protect No DRC2003-00719 *TREES SHALL BE 15-GALLON SIZE UNLESS OTHERWISE APPROVED ® Construction Notes for Street Trees 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may require backfdl soil amendments, as determined by the City inspector 3) All street trees are subject to inspection and acceptance by the Engineering Division 4) Street trees are to be planted per public improvement plans only 6 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 7 A permit shall be obtained from Caltrans for any work within the following right of-way Day Creek Boulevard and the 210 eastbound on ramp Q Public Maintenance Areas Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan for Day Creek Boulevard A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Districts shall be filled 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 • 1 Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas S Utilities Provide separate utility services 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 Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water Distract (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Heaith Department of the County of San Bernardino A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects 4 Approvals have not been secured from all utilities and other interested agencies involved Building permit issuance will be subject to any requirements that may be received from them T General Requirements and Approvals 1 Permits shall be obtained from the following agencies for work within their right of-way Caltrans 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 Completion Date -/-/- _/_/_ -/-/- -/-/- -/-/- / / -/-/- -/-/- -/-/- -/-/- / / SC-10-03 ~~`~ggT ~' ~ 9 E 34 Project No DRC2003-00719 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 _/_/_ 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 Ifwindows are within _/_/_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used 3 All roof openings giving access to the building shall be secured with either iron bars, metal gates, _/_/_ or alarmed W. Windows 1 Storefront windows shall be visible to passing pedestrians and traffic _/_/ 2 Security glazing is recommended on storefront windows to resist window smashes and impede _/_/_ entry to burglars X. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/_/_ visibility 2 Developer shall paint roof top numbers on one or more roofs of this development They shall be _/_/_ a minimum of three feet in length and two feet in width and of contrasting color to background The stencils for this purpose are on loan at the Rancho Cucamonga Police Department APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITFI THE FOLLOWING CONDITIONS• SEE ATTACHED • SC-10-03 10 E 35 RESOLUTION N0.04-124 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACT{ON OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT DRC2003-00719 AND THE ISSUANCE OF MITIGATED NEGATIVE DECLARATION, FOR A CAS STATION WITH PUMP ISLAND CANOPY, AND A SINGLE BUILDING CONTAINING A2,947 SQUARE FOOT CONVENIENCE STORE AND 2,504 SQUARE FOOT FAST FOOD RESTAURANT ON 1.48 ACRES OF LAND IN THE VILLAGE COMMERCIAL DISTRICT, LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-121-08 AND '1089-401-66 A. RECITALS. 1. Pacific Globe I_LC, filed an application forthe issuance of Condifional Use Permit DRC2003-00719, as descnbed en the title of this Resolution Hereinafter in this Resolution, the subtect Conditional Use Permit request is referred to as "the application." 2. On the 5th day of January 2004, the applicant conducted a neighborhood meeting, attended by 11 residents, to present the proposed project and obtain community feedback 3. On the 11th day of February 2004, 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 4 The decision and environmental assessment represented by said Planning Commission Resolution was appealed in a timely manner to this Council 5. On Apnl 7, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application 6. All legal prerequisites pnor to the adoption of this Resolution have occurred B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows 1. This Council hereby specifically finds that all of the facts setforth in the Recitals, Part A, of this Resolution are true and correct. C Exhibit G E 36 Resolution No 04-124 Page 2 of 40 2, Based upon the substantial evidence presented to this Council during the above-referenced public hearing on April 7, 2004, including wntteii and oral staff reports, the minutes oftheabove-referenced Planning Commission meeting, and the contents of Planning Commission Resolutron No 04-22, and together with public testimony, this Council hereby specifically finds as follows a, The application applies to property located at the northeast corner of Day Creek Boulevard and Highland Avenue, with a total street frontage of approximately 893 feet and an average lot depth of approximately 150 feet, which is presently unimproved, and b. The property to the north of the subject site is the Route 210 Freeway, the property to the south is developed with single-family homes within the Victoria Community Plan, and the property to the west is under construction with a gas station, convenience store and fast food restaurant, and c. The application proposes the construction of a gas station, convenience store and fast food restaurant with a drive-thru lane, a Conditionally Permitted Use within the Victoria Community Plan, and d. The proposed building elevations meetthe design goals of the General Plan and Development Cade by exhibiting a high level of architectural design, incorporating stacked stone, score lines, a tower feature, and decorative pavement, and • e. The proposed project has adequate off-street parking forall proposed uses, and f. The proposed project has been designed with a pad elevation that is as low as possible, given the site constraints and engineering tolerances required, in order to minimize the impacts of the project on the existing single-family residences to the south, and g The subtect property is vacant and has been cleared, and does not contain any trees; and h. The site, located adjacent to Day Creek Boulevard, a mayor north-south arterial, and the east bound Route 210 Freeway onramp, is geographically and physically suitable to support the use of the property as a gas station, ConvenrenCe store and fast food restaurant with adrive-thru lane, thereby meeting one of the Economic Development Policies of the General Plan by capturing highway oriented commercial uses that will serve residents and businesses in the immediate vicinity, and i. The existing grade of the project site sits higher than the adjoining public streets The proposed project grading scheme has been designed with a pad elevation of 1,445.96 The pad elevation has been engineered to be as low as possible while still meeting the requirements of drainage and containment areas as required under the Water Quality Management Plan, and • EX1~~so=T ~~ E 37 Resolution No 04-124 Page 3 of 40 • j. The project design includes light fixtures designed to confine the area of illumination to the project site Under the pump island canopy, lighting wilk be recessed, and will confine the area of illumination to the project site A lighting study was prepared to assess the impact of glare on the existing single-family residences to the south. According to the light study, all residential lots to the south will have 0-foot candke illumination from the proposed project, and k. The project will generate a combined total of 200, two-way, peak hour taps for all three uses (fast food, convenience store and gas station) The amount of two-way trips is less than 1,000, two-way peak hour taps for retail land use, therefore, the project is below the threshold of the San Bemardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis, and I. The City's Traffic Engineer determined a localized traffic impact analysis is not required based upon the trip generation rates. The City's Traffic Engineer has evaluated the project site and has determined that the proposed project and the traffic counts on Highland Avenue do not warrant the construction of a median on Highland Avenue east of Day Creek Boulevard The City's Traffic Engineer has also evaluated the project design and determined that the proposed project and the traffic counts on Highland ® Avenue do not warrant a nght turn deceleration lane from the westbound side of Highland Avenue, and m. The application contemplates the sale of alcoholic beverages at the convenience store The sake of beer and wine is allowed in the Village Commercial Distnct, subject to the approval of a Conditional Use Permit, in accordance with the zoning regulations of the Victoria Community Plan and the Development Cade The proposed Conditional Use Permit application contemplates the sale of beer and wine for offsite consumption only (Type 20 ABC license) The Department of Alcoholic Beverage Control regulates the distribution of liquor by setting limits on the different types in each Census Tract If an existing Type 20 ABC license is not available for purchase by the applicant, the applicant will be required to apply for a new Type 20 A8C license. Because of a moratorium on all new licenses within San Bernardino County, a determination of Public Convenience and Necessity (PCN) will ultimately be required by the City Gouncil prior to issuance of a new Type 20 ABC license, as governed by the provisions of Section 23958 of the Business and Professional Code The safe of beer and wine for offsite consumption is a common business practice associated with gas station and convenience store uses, and n. The proposed project, togetherwith the condit-ons applicable thereto, will not be detrimental to the public health, safety or welfare, or matenally injurious to properties or improvements in the vicinity • 1j~7`l~rS3~ G. ~ E 38 Resolution No 04-124 Page 4 of 40 3. Based upon the substantial evidence presented to this Council during tf~e above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the distract in which the site is located b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially rn~unous to propertes or improvements rn the vicinity c. The proposed use complies with each of the applicable provisions of the Development Code 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3, above, this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application and the issuance of a Mitigated Negative Declaration subject to all conditions of approval contained in the Planning Commission Resolution No. 04-22, attached hereto and the added condition below Engineering 1) A median on Highland Avenue shall be installed to the satisfaction of the City Engineer 5. This Council hereby provides notice to Mr James A. Martin Jr ,the appellant, and Pacific Globe LLC, the applicant, that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094 6 6 The City Clerk of the City of Rancho Cucamonga is herebydirected to (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified marl, return-receipt requested, to Pacific Globe LLC and to Mr. James A Martin Jr at the addresses identified in City records. Please see the following page Iar formal adoption, cerUfieaUon and slgrratures ~X~cz.~s~ c3-3 E 39 Resolution No 04-124 Page 5 of 40 PASSED, APPROVED, AND ADOPTED this 7`"day of Apnl 2004 AYES: Gutierrez, Howdyshell, Kurth, Williams NOES: Alexander ABSENT: None ABSTAINED: None ~'- William J ATTEST: De ra J Ad , CMC, City Clerk ~_.~ nder, Mayor i, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, Califorrna, at a Regular Meeting of said City Council held on the 7'" day of April 2004 Executed this 8`h day of April 2004, at Rancho Cucamonga, California Debra Adams, ,City Clerk ~X~'r~,'grC G-'~ E 40