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Home My WebLink About2007/05/23 - Agenda Packet• • THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA RANCH° MAY 23 2 CUCAMONGA ~ 007 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman Stewart_ Vice Chairman Fletcher _ Macias _ Vacant _ Munoz _ II. ANNOUNCEMENTS A RESOLUTION OF THE PLANNING COMMISSION HONORING CRIS McPHAIL FOR HER DEDICATED SERVICE TO THE HISTORIC PRESERVATION COMMISSION, PLANNING COMMISSION, AND THE CITY OF RANCHO CUCAMONGA III. APPROVAL OF MINUTES Regular Meeting Minutes of May 9, 2007 IV. PUBLIC HEARINGS The following items are public hearings in wh-ch concerned individuals may voice their opinion of the related project Please wa-t 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 in after speaking A DEVELOPMENT CODE AMENDMENT DRC2007-00296 -CITY OF RANCHO CUCAMONGA - An amendment to Section 17 08 030 E of the Development Code to establish regulations for yard sales in residential zones This action is exempt from environmental review pursuant to Section 15061 (b)(3) of the State CEQA Guidelines This item will be forwarded to the City Council for final action 1 of 6 PLANNING COMMISSION AGENDA RANCHO MAY 23, 2007 cUCAMONGA B ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the General Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 6 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN. 1089- 581-01 Related files Victoria Community Plan Amendment DRC2006-00447, Tentative Tract SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration This item will be forwarded to the City Council for final action. C. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 6 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN. 1089-581-01 Related files General Plan Amendment DRC2006-00224, Development Review DRC2006-00730, Tentative Tract Map SUBTT18212, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action D ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES - A request to develop 82 residential condominiums on 6 net acres of land m the proposed Medium Residential District (8-14 dwelling units per acre) located at the northeast corner of Base Line Road and San Carmela Court -APN 1089-581-01 Related Files General Plan Amendment DRC2006-00224, Victoria Community Plan Amendment DRC2006-00447, Tentative Tract SUBTT18212, and Tree Removal Permit DRC2007-00081 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration E ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES - A request to subdivide 6 net acres of land into 82 residential condominium units in the proposed Medium Residential district (8-14 dwelling units per acre) located • 2 of 6 • - PLANNING COMMISSION AGENDA MAY 23, 2007 RaNCxo CUCAMONGA at the northwest corner of Base Line Road and San Carmela Court -APN i j 1089-581-01 Related Files General Plan Amendment DRC2006-00224, Victoria Community Plan Amendment DRC2006-00447, Development 'i Review DRC2006-00730, and Tree Removal Permit DRC2007-00081 F TIME EXTENSION FOR ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT MAP SUBTT16072 - RICHLAND PINHURST INC -A request for a time extension for a previously approved tentative tract map ~ to subdivide 150 79 acres into 359 lots in the Low (2-4 dwelling units per ', acre) and Very Low (0 1-2 dwelling units per acre) Residential Districts, '~, with an average density of 2 3 dwelling units per acre for the entire project, '~, in the upper Etiwanda Neighborhood of the Etiwanda North Specific Plan, located at the northwest corner of Wilson Avenue and East Avenue -APN 0225-083-01, 12, 13, 15, 16 and 20 Related files. Development !I Agreement DRC2002-0156, Annexation DRC2002-00865, and Tree Removal Permit DRC2003-00461 Staff has found the project to be within the scope of the project covered by a prior Environmental Impact Report certified by City Council on June 16, 2004 by Resolution 04-204 and does not raise or create new environmental impacts not already considered in i the Environmental Impact Report REQUEST FOR CONTINUANCE G TENTATIVE PARCEL MAP SUBTPM18543 - DANJON ENGINEERING A request to subdivide Building 2 on Parcel 2 of an existing industrial ~, office/warehouse complex of about 7 27 acres, into four condominium units (The office/warehouse complex consists of 10 parcels, only Parcel Z is subject to this request) in the General Industrial (GI) District, Subarea 5, located at 9850 6th Street, APN 0209-211-52. Related files Tentative Parcel Map SUBTPM16445 and Development Review DRCZ003-01185 This action is categorically exempt per California Environmental Quality Act Guidelines Section 15301(k) Existing Facilities H ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18649 - PANATTONI DEVELOPMENT COMPANY, LLC - A request to subdivide Building D on Parcel 4 of a recently completed commercial/office center of about 5 3 acres into 8 condominium units (the office/commercial complex consists of 4 parcels but only Parcel 4 is subject to this request) in the Industrial Park District, Subarea 7, located at the southwest corner of Foothill Boulevard and Milliken Avenue, APN 0229-011-98 Staff has found the project to be within the scope of a previously adopted Mitigated Negative Declaration and Mitigation Monitoring Program adopted by the Planning Commission on April 28, 3of6 PLANNING COMMISSION AGENDA MAY 23, 2007 RAxcxo CUCAMONGA 1999, and June 28, 2000, respectively, and a Negative Declaration adopted by the Planning Commission on February 13, 2002 This project does not raise or create new environmental impacts not already considered in the previous Negative Declarations Related Files DR99-11, DRCDR99-11MOD, SUBTPM15630, SUBTPM18649, DRC2004-01125, and DRC2005-00764. V. DIRECTOR' S REPORTS I ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 VI. PUBLIC COMMENTS This is 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 VII. COMMISSION BUSINESS/COMMENTS VIII. ADJOURNMENT The Planning commrssron has adopted Administrative Regulations that set an 11 00 p m adjournment time If items go beyond that time, they shall be heard only w-th the consent of the commrssron 1, Lois J Schrader, Planning Commission Secretary of the C-ty of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 17, 2007, at least 72 hours prior to the meeting per Government Code Section 54964 2 at 10500 Civic Center Dnve, Rancho Cucamonga "~ % /_" l~ ~ ~ ~ s ( G/ • 4 of 6 • • PLANNING COMMISSION AGENDA RANCHO MAY 23, 2007 ~UCAMONGA If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750 Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility Listening devices are available for the hearing impaired INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view To allow ail persons to speak, given the length of the agenda, please keep your remarks beef 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 ail 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 prior to the meeting The Planning Commission Secretary receives all such items AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730 These documents are available for public inspections during regular business hours, Monday through Thursday, 7 00 a m to 6 00 p m ,except for legal City holidays APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Counal 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) 5 of 6 _ PLANNING COMMISSION AGENDA MAY 23, 2007 jZANCxo C,UCAMONGA Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us • J 6of6 ~ Vicinity Map Planning Commission May 23, 2007 Item A is Citywide • L.1 ~ =Meeting Location City Hail ~ 10500 Civic Center Drive • • ., iF ~'~4+~'",,~ L`_ T H E C I T Y O F R A N C I1 O C U C A M O N G A Stiff Report DATE: May 23, 2007 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY. Rina Leung, Senior Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DR2007-00296 -CITY OF RANCHO CUCAMONGA - An amendment to Section 17 08 030E of the Development Code to establish regulations governing the operation of yard sales in the Residential Zones This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines This item will be forwarded to the City Council for Final Action BACKGROUND Currently, the Development Code does not include standards to regulate yard sales. Since there are no established standards, the City is not able to respond to issues that relate to excessive yard sale signage and negative neighborhood impacts from yard sale activities The purpose of the proposed Ordinance is to establish operational standards for yard sales in residential areas to allow residents to conduct yard sales in a manner which does not create adverse affects on the neighborhood. Although the proposed Ordinance does not address yard sale signage, the City is in the process of working with the City Attorney to create a Development Code Amendment relating to temporary signs, which will address yard sale signage in the future. ANALYSIS The Ordinance will provide operational standards to prevent problems associated with yard sales, which include activities conducted during the early mornings and the constant reoccurrence of yard sales They have the tendency to increase traffic and noise that is disturbing to nearby residents, all of which have the potential to adversely affect residential neighborhoods. The proposed operational regulations will allow residents to conduct yard sales m a manner that minimizes adverse impacts m residential neighborhoods The proposed Yard Sale Ordinance includes the following items listed below: o A definition of 'yard sale' is included in the Ordinance and is defined as a temporary sale of household items on residential premises. o The Ordinance includes restrictions of the number of sales allowed per year along with the designation of a period in which yard sales may be conducted It states "a yard sale may be conducted on one day, but not to exceed two consecutive days, m any six (6) month period .sales may only be conducted between 7 00 a m and 6'00 p m." ITEM A PLANNING COMMISSION STAFF REPORT DRC2007-00296 -CITY OF RANCHO CUCAMONGA May 23, 2007 Page 2 o Also, the Ordinance requires that items displayed, offered, or sold at a yard sale shall only be household items that have been in regular use or storage for six (6) months or more on the same parcel or lot. o In addition, the Ordinance addresses yard sales in residential districts To educate residents of the new requirements, the Code Enforcement Department of the Building Department will be providing flyers and education materials to homeowners and occupants while conducting inspections. The Yard Sale Ordinance will be a part of the Development Code. Since the Development Code currently includes enforcement provisions, it is not necessary to include an enforcement provision in the Yard Sale Ordinance The Code Enforcement Department will be responsible for responding to complaints and general enforcement of the Yard Sale Ordinance. FACTS FOR FINDING. The purpose of the proposed Yard Sale Ordinance is to establish operational standards for yard sales in residential areas to allow residents to conduct yard sales in a manner that does not create adverse affects on residential neighborhoods. Prior to the approval of any amendment to the Development 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 in the Inland Valley 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 districts) RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution recommending approval of Development Code Amendment DRC2007-00296 to the City Council Res ectfully submitted, ~' Ja s R Troyer, AICP Pla Wing Director JT RVge Attachments Draft Resolution for Development Recommending Approval to City Council Code Amendment DRC2007-00296 LJ • A-2 • RESOLUTION NO 07-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2007-00296, AMENDING SECTION 17.08.030E FOR ESTABLISHING REGULATIONS GOVERNING THE OPERATION OF YARD SALES IN THE RESIDENTIAL ZONES, AND MAKING FINDINGS IN SUPPORT THEREOF A Recitals 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No DRC2007-00296, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 23rd day of May 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows. • 1. This Commission hereby specifically finds that all of the facts set forth 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 May 23, 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 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. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and and b This amendment does promote the goals and objectives of the Development Code, c The proposed amendment 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 the Development Code, and A-3 PLANNING COMMISSION RESOLUTION NO. 07-19 DEVELOPMENT CODE AMENDMENT DRC2007-00296 -CITY OF RANCHO CUCAMONGA May 23, 2007 Page 2 e. The proposed amendment is in conformance with the General Plan. • 4. The Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines The protect qualifies under the Section 15061(b)(3) of the State CEQA Guidelines because the Amendment will impose greater limitation on uses that may be conducted on developed properties m the City, which will 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 staff's determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Development Code Amendment DRC2007-00296. 6. Section 17 08 030E of Chapter 17.08 of Title 17, the Development Code, of the City of Rancho Cucamonga is hereby amended by adding a new Subsection 8 to read as follows: 8. Restrictions on (Yard Sales. a. For purposes of this subsection 8, the term 'yard sale' means a temporary sale of household items on residential premises. b. On any one parcel or lot in any residential zone, a yard sale may be conducted on one day, but not to exceed two consecutive days, in any six (6) month period. Sales may only be conducted between 7:00 a.m. and 6:00 p.m. c. Items displayed, offered, or sold at a yard sale shall only be household items that have been in regular use or storage for six (6) months or more on the same parcel or lot. d. A yard sale may only be conducted in a residential district. 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MAY 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 23rd day of May 2007, by the following vote-to-wit: A-4 PLANNING COMMISSION RESOLUTION NO 07-19 DEVELOPMENT CODE AMENDMENT DRC2007-00296 -CITY OF RANCHO CUCAMONGA May 23, 2007 Page 3 • AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: u • A-5 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2007-00296 AMENDING SECTION 17 08 030E FOR ESTABLISHING REGULATIONS GOVERNING THE OPERATION OF YARD SALES IN THE RESIDENTIAL ZONES; AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals 1. The City Council determined that yard sales conducted in residential districts within the City of Rancho Cucamonga tend to cause increased traffic and noise that is disturbing to nearby residents. Such noise is more noticeable and disturbing when yard sales begin during early morning hours or when conducted on a recurring basis. 2. It is the intent of the City Council in adopting this Ordinance to enact responsible regulations permitting property owners and occupants reasonable opportunities to conduct legitimate yard sales, while minimizing adverse impacts of such sales on the adjoining residents. 3. On May 23 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning this manner and took action recommending adoption by the City Council of this Ordinance. • 4 On , 2007, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of this Ordinance 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, it is hereby found, determined and ordained by the City Council of the City of Rancho Cucamonga does ordain as follows SECTION 1 The facts set forth in Recitals, Part A, of this Ordinance are true and correct SECTION 2 The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment because the Ordinance will impose greater limitation on uses that may be conducted on developed properties in the City and will, thereby, serve to reduce potential significant adverse impacts It is ,therefore, exempt from the California Environmental Quality Act, and the Guidelines thereunder, pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations SECTION 3 The proposed amendment is consistent and in conformance with the City's General Plan. SECTION 4 Section 17 08 030E of Chapter 17.08 of Title 17, the Development Code, of the City of Rancho Cucamonga is hereby amended by adding a new Subsection 8 to read as follows A-6 DRAFT CITY COUNCIL ORDINANCE NO. DRC2007-00296 -CITY OF RANCHO CUCAMONGA May 23, 2007 Page 2 8. Restrictions on Yard Sales. a. For purposes of this subsection 8, the term 'yard sale' means a temporary sale of household items on residential premises. b. On any one parcel or lot in any residential zone, a yard sale may be conducted on one day, but not to exceed two consecutive days, in any six (6) month period. Sales may only be conducted between 7:00 a.m. and 6:00 p.m. c. Items displayed, offered, or sold at a yard sale shall only be household items that have been in regular use or storage for six (6) months or more on the same parcel or lot. d. A yard sale may only be conducted in a residential district. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. • • • A-7 ^'~\ E ~' ~l • T H E C I T Y O F a _ . r- , - ~ __< ~-, --,_ - ___ - ,.. ~ ~ ,- ~ a - - .<.- . - _ __. ~ ~y„~_, u_ G ~ _ ~ aa, ._ _ .~1a~~ RANCHO C U C A M O N G A Stiff Report DATE May 23, 2007 TO: Chairman and Members of the Planning Commission FROM James R. Troyer, AICP, Planning Director BY. Michael Diaz, Senior Planner SUBJECT. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the General Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 6 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN 1089-581-01. Related files: Victoria Community Plan • Amendment DRC2006-00447, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 6 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN. 1089-581-01 Related files General Plan Amendment DRC2006-00224, Tentative Tract Map SUBTT18212, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration This item will be forwarded to the City Counal for final action ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18212 - CHARLES JOSEPH ASSOCIATES - A request to subdivide 6 net acres of land into 82 residential condominium units in the proposed Medium Residential District (8-14 dwelling units per acre) located at the northwest corner of Base Line Road and San Carmela Court -APN 1089-581-01 Related files General Plan Amendment DRC2006-00224, Victoria Community Plan Amendment DRC2006-00447, Development Review DRC2006-00730, and Tree Removal Permit DRC2007-00081. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration ITEMS B, C, D, E PLANNING COMMISSION STAFF REPORT DRC2006-00224, DRC2006-00447, SUBTT18212, AND DRC2006-00730 May 23, 2007 Page 2 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES -Site Plan and design review for 82 residential condominiums on 6 net acres of land in the proposed Medium Residential District (8-14 dwelling units per acre) located at the northeast corner of Base Line Road and San Carmela Court - APN: 1089-581-01. Related files. General Plan Amendment DRC2006-00224, Victoria Community Plan Amendment DRC2006-00447, and Tentative Tract Map SUBTT18212. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION: A. Project Density: 13 6 dwelling units per acre B. Surrounding Land Use and Zoning: North - Condominiums in the Medium High Density Residential District (14-24 dwelling units per acre) district of the Victoria Community Plan South - Small commercial retail center m the Village Commercial (VC) district of the Victoria Community Plan Further south across Base Line Road is the Filippi Winery East - Single-family homes in the Low-Medium (LM) Density Residential District (4-8 dwelling units per acre) of the Victoria Community Plan West - Single-family homes in the Low-Medium (LM) Density Residential District (4-8 dwelling units per acre) of the Victoria Community Plan C. General Plan Designations: Protect Site -See table above. North - Medium-High Density Residential (14-24 dwelling units per acre) South - Neighborhood Commercial and High (H) Density Residential - Filippi Winery site East - Low-Medium (LM) Density Residential (4-8 dwelling units per acre) West - Low-Medium (LM) Density Residential (4-8 dwelling units per acre) Site Characteristics: The 6-acre protect site is a vacant "puzzle piece" shaped parcel that is surrounded by existing development A portion of what appears to be part of the parking lot (approximately 69 spaces) for the adtacent commercial center is on the subtect site (southeast) and will be removed to accommodate the protect. The aforementioned parking area is underutilized. The property has a gradual slope to the southwest and contains no significant vegetation, except for trees along the south and west sides of the existing parking area on the site. A Tree Removal Permit DRC2007-00081 has been submitted to remove approximately 49 trees from this area Along the eastern frontage of the site on Victoria Parkway, is an existing grove of trees that are within the public right-of-way and will be retained. • B,C,D & E 2 PLANNING COMMISSION STAFF REPORT DRC2006-00224, DRC2006-00447, SUBTT18212, AND DRC2006-00730 May 23, 2007 Page 3 D. Parking Calculations: Unit Size No. of Units Number of Spaces Required Number of Spaces Provided* 3-Bedroom 25 50 spaces 50 2 Gara e S aces Per Unit 2-Bedroom 57 114 spaces 114 2 Gara e S aces Per Unit Visitor _ 21 spaces 28 (+7) 1 Gara a er 4 Urnts -Uncovered Totals 82 units 185 s aces 192 s aces Parking for eac h unit is provided in attached 2-car gara es ANALYSIS: A. General. The applicant is proposing to develop 82 market-rate condominium units on approximately 6 acres of undeveloped land located at the northeast corner of Base Line Road and San Carmela Court (north and west of the existing Victoria Village retail center) The new units will be grouped in 3 and 4-plex buildings arranged across the site. The project offers 2-bedroom (25 units) and 3-bedroom (57 units) that range in size from 1,400 to 1,600 square feet with attached two-car garages Twenty-eight (28) visitor parking spaces are provided (21 required) which are distributed around the site. Recreational amenities are also provided around the site including a pool, spa, and pocket park with barbeques. Primary access to the project site will be from a gated entrance at Atwood Court (off Victoria Park Place), with emergency fire department access off San Carmela Court. The design of the new units is a contemporary interpretation of the Spanish/Mediterranean architectural style. The new building design features clay tale hip roofs and recessed windows and doors, decorative tile, and ornamental iron work. The exterior walls will be clad in smooth texture stucco, typically associated with the proposed style. B. Tentative Tract Map Concurrent with the Development Review application is Tentative Tract Map SUBTT18212. The tract map proposes the subdivision of air space for residential condominium purposes, which will allow individual ownership of the proposed 82 condominium units and common ownership of the buildings, open space, parking, and driveways C. Land Use Amendments: To facilitate the development of the proposed project, the underlying General Plan and Victoria Community Plan land use designations will need to be changed from commercial to residential as depicted in the following table • Plan ... -. .- Existing Designation Pro osed Designation General Plan DRC2006-00224 Neighborhood Commercial Medium Residential 8-14 Dwelling Units/Acre Victoria Community Plan DRC2006-00447 Village Commercial Medium Residential 8-14 Dwelling Units/Acre B,C,D & E 3 PLANNING COMMISSION STAFF REPORT DRC2006-00224, DRC2006-00447, SUBTT18212, AND DRC2006-00730 May 23, 2007 Page 4 D Desi n Review Committee: The ro ect was reviewed b the Desi n Review Committee g P 1 Y 9 (Munoz, Stewart, and Henderson) on May 1, 2007 The Committee approved the project as presented, finding the project to be well-designed and thanked the applicant for proposing high-quality exterior details. In addition, the Committee was supportive of the relocation of the pedestrian access point from San Carmela Court to Base Line Road. The applicant was directed to ascertain and comply with any ADA requirements. Finally, the applicant was asked to study the landscape (trees) screening of the second floor units from the existing gas station use on the adjacent property to the east The applicant agreed to implement the above recommendations, and the Committee recommended that the item be forwarded to the Planning Commission for final approval with the above changes. E Grading and Technical Review Committee: The project was reviewed by the Committees on May 1, 2007. At the time, the Committee did not approve the Grading and Drainage Plans pending the submittal of a modified Site Plan to include aright-turn only lane as required by the Engineering Department The item was reviewed again on May 15, 2007, at which time the outstanding item was resolved to the satisfaction of the Building and Engineering Departments, and the plans were conceptually approved F. Environmental Assessment: An Initial Study was prepared for the entire project and released for public review on April 30, 2007 Based on the findings of the Initial Study, staff determined that the project could have a potentially significant adverse environmental impact unless reduced to a level of less-than-significant by the implementation mitigation measures. Areas identified as subject to potential environmental impacts were m Cultural Resources, Hydrology and Water, Noise, Air Quality (short-term during site preparation), and Geology • and Soils. Proposed mitigation measures have been included as conditions of approval for the project. Therefore, a Mitigated Negative Declaration is proposed for the project As part of this project, the applicant has also applied for a Tree Removal Permit for all trees (approximately 49) located on the interior south and east boundaries of the site adjacent to the existing commercial center. NEIGHBORHOOD MEETING A neighborhood meeting to discuss the proposed project with adjacent residents was held on March 29, 2007. Fourteen residents attended the meeting and were generally supportive of the project but expressed their concern regarding parking impacts on San Carmela Court from the project. Many of the residents were concerned that the visitor/overflow parking from the project would adversely impact their street. Although the residents were satisfied to know that no vehicular access (except for emergency responders) was being proposed on San Carmela Court, they felt that any pedestrian access points on San Carmela Court also be eliminated to discourage street parking. The applicant was open to relocating the pedestrian access to the Base Line Road side of the project A copy of the minutes from the March 29, 2007, meeting is attached CORRESPONDENCE. This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot plus radius of the project site. A total of 228 notices were mailed No direct public comment to staff has been received • B,C,D & E 4 PLANNING COMMISSION STAFF REPORT DRC2006-00224, DRC2006-00447, SUBTT18212, AND DRC2006-00730 May 23, 2007 • Page 5 RECOMMENDATION: Staff recommends that the Planning Commission adopt the proposed Mitigated Negative Declaration of environmental impacts and approve Development Review DRC2006-00730 and Tentative Tract Map SUBTT18211 through the adoption of the attached Resolutions of Approval with Conditions. In addition, staff recommends the Commission approve the attached resolutions recommending that the City Council approve the associated General Plan and Victoria Community Plan land use amendments Respectfully submitted ~~ Jam R Troyer, AICP Pla ing Director JRT.MPD/ge Attachments. Exhibit A -Tentative Tract Map SUBTT182,12 Exhibit B - Project Plans Exhibit C -Neighborhood Meeting Minutes dated March 29, 2007 Exhibit D -Initial Study Parts I and II Draft Resolution Recommending approval of General Plan Amendment DRC2006-00224 • Draft Resolution Recommending approval of Victoria Community Plan Amendment DRC2006-00447 Draft Resolution of Approval for Tentative Tract Map SUBTT18212 Draft Resolution of Approval for Development Review DRC2006-00730 • B,C,D & E 5 ~~ ~~~ ~gg ~~~ cB S5„ :4~ a "$~'~ ~°' ~~~ ~~~ ~~~ a a.®8 ~B- ~~ ~~E €~b "4 -' \ 1.-- ~~ l.~ ,- ~,, ="' o ~'~ =~~ Q Z ^~ ~ `\ N o \ ~ ~ 111tp W JJ ' ~~ \\ I551 U \ \ m ~ W /. ~ m a ~ ~ _~ ' ' ~ ~ l~~- ~= o ~ ° Z _ ~, ~~ ~ ~J, 1 Q W c~ Q U y ~' 'i ~ ,, m L ~ o ? ~ ° U ~ 5 ~ -, ~ I ~ U i~--, `~ ___1 O x ~ ' U . ~ Z ~ l I 1 ~' 1 F ~ 4 e p 4 E e 9 tl E ~ a ~ ~~ 3 ~ ~ d P a~~s A g @ ~~p gg~ e !~~ g 6 € ~~ e ~~~ `~' ~ ~ pp~ ~Ea~ @y~ ~ ~g~ d y p a~3~~@~a~ap~ ~ ~ Bg Is !! p~ 9~~ 8 ~ g ~S~~ ~ A ~ 8 ~ ~~~~ ~ 4 t e R ~I~~I~~~~€ ` ~ a ~~f ~g~~ ~ ~a ~ ~~~ ~ ~a~Q~ g 9~~~~~~~~3 ~~~~l~~~ -_ .. v - v c r r r- r e v c e a a a ~ m¢ o ~~ n~~ aQ s~~ oy~~~ U ¢ ~ ~ g ~ Z <m w og$ e ~ ~ ~ ~ O F ~~~ ~~; ~ i~~: Z y wy.y0 ;.1 ~ I II ~ m~ ~ 3 ~= -- ._ - t _ ~=' _ _ _ _ ~ _ - ~ - ~J rn o a _ _______ __J ~~_ ~6 ` _ _ _ 1~,_- - ~-- , ~~ __ __ ~ _~ _____ _ ___ ` - _ - _ _ ~ _ Tww 1' ~ pQJ] W Z O _ _ r I -- _ _ 3NY7 LNYd ~ 7 Q N - _ V1bO1JN- ~ -.-_ ~ ~ m ~-. . ~_ ~~._~~ IL1~ - ~~ ~ „ .,, L _] I r I ~ ~% ~ ~~ I ~I ~ ~ ~ ~ 4 \--- / J /~~ ll;;' ~) ~l ~~ %/l,~,l, ~ ,-~(% p~ WW~ ~ /J / / ~ ~ F ~ B K I I to ,- , { / / ' ~ ~'f/~/ a vi~ = P 7J l,/ l ~ % ~ ~~ ~6 .5 ~' // ~ F H/%' ~- ~/ ~~I N i~ ~ ~' ,, ~ / ~ , ~ ,/ ~ /~ ,,-~~ .,, W N K, 0 w Z LL Oo ql U a ~Si ~ W I I n ~ N ~~ 1~ J%~I~~; , 1~; 1 ~ I ~~~~ I W ~;~ I ~ I it - -- ~ I ~~ ,~ - ~I ~I~ ' n~ b 8' ~ ~~I `I I I ~ ~ ~ 'til , ~~i i d ~I 1~ ~~~~~I~ ~ ~ - ~ 1 I 09 ~ZBZ ~8 rv '' ~ - moat - - ~- _ 1J ~ ~~'~J --' ~ i ~?Z l 9 ~ ~N 1~ HZl1 ~, ~PpMy i 115 y'-r if r~ ~ ~i /gPM ,./' U V^ 9-99~Z1~y B;,W 1 ~ 1 ~ ~ v `~ ~ I r i a z __ ~ ~,~ ~ ~ ~e ~ iil ~ N ~ ~ , ~ ay 9a' ,~I • s 9 !° ~a ~S ~ ~ €[ go ~w ~~ ~ ~ ~ ~ 3 4 ... y w f{-I- °~ ~ ' ~ { ~ 1 i ~r ~ YA~ , 6® y y FppFeII y ~~ ~~ ~~ ~i p E [e py tl ! p i ~S O ll ~ ~ I § P rowua '_'I~ MGMM a pl ~ p @ l l l I • ¢~~ ~~~ ~~ ~~~ ~f7 ~ 0 ~ ~ ~~ ~ ~ ~ ~ € € N III V]1 6 I ~ ge e S eri e ~ gg q q ~ EXHIBIT A y 4-Q ~~~~~ ~~ ~4 ~ ~ ~s~©oo©© ~~ooo J = Y ,r c II~ a ~ I,~ ~ ti v ~ ~~ t m G ~~ e ~' f w~ I~ N a' 'i U BV . 6 _ `2~ ~~ O o I~~ Z k it J .a y ~~ w t.a '~'S Q I R Z li'ii q~S A i~l~ ~ W S ~ ~I li ge J '~i'I 8[ Q @a V ~ fg W hif~ ~~ i 5 ~A~ ~3 __ .'' 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Iv, '-H1i I~ ~ I II o ~<~~~ ~ ., ,~_, a Z g ~ C`3 v Z U ~~ E ~ m (AY ~ Q ~ ~ ~ ~3ggse €am a ~3 3~ J z~ ~ o~~ a ~~ ~O ~ ~~ F„~ .~~ .w Q. ~j J .. p e .i ry ~ 8 0.Q ~ ~ FS J iU K K o W '~~ ~~ ro N N ~ ` ~ ~ y c a ^ W ~ ~uNi$ [ it ] r O1 i ~ G ~ ~ ~ # ~ E 8 ~ 1 ` N N •- n t ~ ~ w - an. ~ ~ ~~B ~ ~ N ~ ~ o Cwt _ _' ' ~ ~ ~ v ~ f F\ ~ ~~ s ~ p~ t ~ ~ ] ~ ~ .~. a ----r--- ------ - r ~------r .~i~i 1 I ~ J ~ -1 ~ ~~ -~ % ~' ~ ~r ~~~ L T ~~ II ~ i t ` ~~ r ti t 1 i 1 ' ~L____~ N a °o ro a a c J a 0 0 C N B,C,D & E 16 • X W J W ~. i ~ a ~ J /~ VJ Q A U~ w ~= E Lu as a ~Y a g ~~ 08 ~ ~$~8~~ t;~fia 3~~sB W ~ Qa W Q d >p ~ F gg Qo~9 U~ ~ =U QR~ 4 a ~ o • B,C,D & E 17 c m a a a `o 0 Z Q J 'd V _z m X W J Q ~ ~ ~ b J ~¢~ g =~ ~n 3~ Qa k Z¢ ~ ~~ O ~ ~ a w~ ~ ~~~b 4~s w 4 o v® • -------y~-------' --~ ~~ ~ ~ ~' i ~ ~ / i ~ . ~J __ ~ ~ ~ ~74 i ~ ,~ ~ ~' ` ~~ / f ~ ~ ~ / ~~ ~T A i ~ / _ r ~ J l~_yr~ , ;Y, _;. -- . , IL____ _________~~'- m a 0 0 a c ro a a D O O O U N W • B,C,D & E 18 r~ z 0 a W Q Z Q F J~ FW S Q B,C,D & E 19 z 0 a d LL Z Q FLLW W J X r a W J ~ Q ~ g 6V ~ Z ~ ~ ~ ~ r° A w U ~a _E 3~ ~' ~Y ~+ p~ ~3~be W Qa~ 6 ~~ ~~~~8 ~ Q Z¢ ~ >O ~ QQ~~ tU~ ¢ ~pS m w ~ H> ~ Yg~ a 2V6~ gLLd ~`~33 y~ b o ca A3 o~ i 8~ E wJ W J ~ ~ m N ja J ~- Q o U ~9 ~ ~ E ~ ~ ~ ~ a g W~ ~ Z Q ~ OY ~ ¢Qa0 ~ ~~ ~~ 3 ca ~~~~A z ~ ~~~ g m ~ a w~ 1=-5 ~ ~ ~U~~^„k uy ~ ~~o m m n a a 8 ` < § ~~ ~ ~ o (__ J ~' ~ ~~~~ 77 N ~g 6 ~J 7 >J ~i ~I~ ii W' x J Pu ~~ 1_ ~~ N' x Ilull x 1 `~ ~$ 4 1 I i -'g- ~:i~ - -$- I ~~ it i~' 4~ _ m6 I~ mF ~ 9 ~ €= • `: ap~ r~ii ®-- ~ ~~ ~` ~~ _. • m a .~ B,C,D & E 20 • ,. • ~~ ~~ k« ~~ ~9~~ ii I~ II a-_ ___(~- s ~ r --- €' ; ~- g' - z~ ~ o ~L N C O ~ ______________________. \ W /„T` ~~ t y ~ i O ~ ~~I 3 ~ ~ n.~ I `~ Pg~ ~ ' ~~V i (f I r f ~~.f L !N/ /~ ____ J` ~~ ~_ -_- J` ~ \ ~ \~~, (~~~ fy~ P• •a ' ~~ n {an B,C,D & E 21 = w ~ m Q U m Qg ~ ~Y ~~ J ~ Qa3 ~ ~o ~gl z~ ~ o >o w ~ m ~ 5 i g~p~ J r `m ii E J ~° ~ ~e ~ ~ N- >W [!1 J rn a 3 J p~o J ,9 ~~ E ~~~~ s„„ O $ 3 66 ~~ ~~~Qn w~ a o~~ ~LL~ J~~ ~v~d ~ ~~o W a o a ~ ~ ~ 5 U U ~ Q J~ E~ ~ a y (n i Y cc L $ Q- 66 ~3~ o g ~ ~Q~ g a ~~ ~~~ p ~ ¢ Z¢ ~ m~ O ~ ~ _ - a ~? z m W~o ~ ~3~ 7Q ~ ~ . ~ LL [7 ~~ ~ s iQ~~ ~ ~ q ~ K~o w ~ a ¢ egg $ m 4 ~ ,, J E 3 ~ ~~ ~ ~ ~ o .6 • N J m ~ m W J • B,C,D & E 22 • • N >W~ W J • B,C,D & E 23 Q S J F g U~ ~ ~ Q ~ g Q ~ ~ W ~ E ~ ~ ~~3 m a (A Y ~ ~ $8 ~ ~ ; g5g5E 66 Q~ Q Q~ ~ ~ d g 3 N F r~ ~ O >O $ U~~ 3" ` ~ cn y{ I=->~ cS ~U~4 $ 4LL3 ~Me w a w g ~ ~ ~m ~ ~ m~ ~~~ ~ o z 0 a W J W O N Q a J S a U~ a~ U ~ ~} ~ e w E ~~ m ~~ Q a ~Y ~ ~ ~ O® ~ ~8"cF ;066 L ' Qa$ Eg F~ ~~ ~ L~ 0 W Q ~ z Q (n Q O ~ ~ U ' ~p~ l1JU ~Jxd iLL8 ~ a • • B,C,D & E 24 C • • B,C,D & E 25 na i die Charles Jase~h Associates PU6UGPRNiiTE 8ECTOR MANAtiEMENT SEftVIC~S 82 nit al coast homes Nei h ood Meeti Minutes ~- Fili i Wine U C g both ng PP rY Heating Date: March 29, 21~-7, 6pm to 7:31Jpm Meeting presentation of project which included; unit size and configuration, acx~ss, master plan concepts of adjoining properties, unit density in relationship to surrounding neighborhood, architectural design, Fire access connections, pedestrian connections, explanation of condo map requirements and history of subject property in relationship to existing retail center and proposed General Plan Amendment. Presentation of design, size $~ market considerations. lnforn1etion presented regarding the estimated zoning for existing residential of 6-7 dua, farmer apartments to the north of the subject site of 17 dua, and our project approximately 13 dua. After answering the questions and presentation of the project, it appeared the neighbors were satisfied with the Planning approach of the project. In fact, one neighbor said that they fielt it was a good project but wanted to ensure that there was riot a parkin® impact on the residential neighborhood (see 4). 2. Questions were raised regarding the access restriction and installation of traffic signal. We informed homeowners that as part of our project • design we wil! be contritwting toward the installation of the traffic signal and there will be no vehicle aocess to San Carmelo other than that provided for Fire Access and this acxess would be landscaped for aesthetic compatibility far the neighborhood. 3. Questions regarding construction timing and development of homes. Notified nei®hours that it would take approximately 1 year to obtain approval of buildin® paans througfi the DRC process and Plan check process before construction could begin and to expect about 74 months of total construction. Neighbors obtainer! car~firmation as to hours of constnxtion provided for by the City of Rancho Cucamonga. Neighbors desired that construction access not be provided on San Carmela. 4. Concerns about ®xisting neighbor parking issues along San Garmela and view access thru street. Perceived perking demands for the project ~ related croncems regarding RV/boat parking on public streets were addressed and resolved. Residents requested that pedestrian access gates be removed from San t,^,armela & no parking signs be installed on both sides of the street for San Carmelo along projects west side frontage to avoid this street becoming overtlow parking, informed Office 909.481.7,822 800.240.7.62.2 F'as 909.481.1821 106$1 l~oochllt ~~vd~ Sure 395 • Rancho ~camong~, GA • 91730 H I B IT C ~~'°~'°°~°~'~`°x B,C,D & E 26 b4/ bL/'Lbb / 1.i: 4b yby4iil l tiL4 C,HAkLtS JUStrH A55u1. rHUt n~i n4 neighbors that the City has a process in which tv control this thru Sheriffs deportment end code enforcement. We assured residenks that we would work with the City to provide pedian access that would disc~age parking on San Carmelo. 5. Questions ~garoing status of Cygs stativnlttetai! site that if the city could by the site, bultdo~e it for redevelopment Advised neighbors that our project does npt awn or control the existing oommerclal center and that they are cooperating with us relative to our common property interface issues. 6. Neighbors wanted spsc~c details regarding tha wall design along San Carmela, Wanted a Solid Wail, however, after presentation agreed with Planning's design approach of the low wail/wrought iron design. Desire to restrict pedestrian access on San Carmelo was discussed at length. • • B,C,D & E 27 • • Ca! Coast Homes Community Meeting Mach 29, 2007 Name Address Phone # 2 ~. ~.~+.-~2J i~~~~sC~-~ "I ~Lv°~ Sou ~-, .~~.- 3 C t~Z ~ ~, 5 s ~ 1 ` ~ C~~kt1,~~,~ r, ~~ ~-~ ? 7 S ~~`~ ~ •'~~ 7~~J ~ r ~~ K 8 t-~C ~ ~,Z~ ~ ~t ~ ~ M'C.~~ 9 ~~ .~~ 4-t. ll 2z~ ~ b3 { f ~V . - 19 r ~~~~Y ~ZS -l ~+.3 ~I (~~ ~A~.Ic~.. ~ • J~ ~ 12 13 14 15 1s 1z 1s 18 20 21 22 23 24 B,C,D & E 28 ~,~~ ~~~ ENVIRONMENTAL ~., ~ ~ INFORMATION FORM C~"~ r~. (Part I -Initial Study) aty of Rancho Cucamonga (Please type or punt clearly using ink Use the tab key to move from one line to the next Ime ) Planning Division (909) 477-2750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the 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 tl~e information requested in this application be provided in full. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED Please note that It Is the responslbll~ty of the applicant to ensure that the applrcatlon Is complete at the time of submittal, C/ty staff wdl not be available to perform work required to provide missing information Application Number for the project to which this form pertarns 1)R L Z Ob ~ ' ~ ~O 7 3~ i C> ~ C Z- O D ~4 ' C ~hZ Z~{ i i ~P~L. ~-OUI~ - y C~ ~i ~ 1 ~ [~.~n r~. S U~ C'~~' T 1 ~ 2I Z Project Title The Vineyards at Victoria Park Place Name & Address of project owner(s) -Cal-Coast Homes (Baseline-Victoria Partners LLC) s 1450 W Redondo Beach Blvd Gardena, CA 90247 Name & Address of developer or project sponsor Cal-Coast Homes 1450 W Redondo Beach Blvd Gardena, CA 90247 Contact Person & Address Chuck Buquet - Charles Joseph Associates, 16081 Foothill Blvd Suite 395 Rancho Cucamonga, CA 91730 Name & Address of person preparing this form (if different from above) Chuck Buquet - Charles Joseph Associates, 16081 Foothill Blvd Suite 395 Rancho Cucamonga, CA 91730 ~'TelephoneNumber 909-481-1822 E X H I B I T D Page 1 of 9 Created on 8/21 /2006 10 44 AM - B,C,D & E 29 *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 fhe site Include a map showing location of each photograph 3) Project Location (describe) Northwest Corner of Victoria Loaq and Baseline Road 4) Assessor's Parcel Numbers (attach additional sheet if necessary) APN 1089-581-01 *5) Gross Site Area (ac/sq ft) 6 00 *6) Net Site Area (total site size minus area of public streets & proposed dedications) 5 40 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet rf necessary) See attached fustification for General Plan Amendment and Dev~:lopment District Amendment 8) Include a description of all permits which wdl be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project Land Use Amendment 9) Describe the physical setting of the site as it 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) Vacant land, generally sloping to the south, no trees, nor structures hydrology study is attached to the application submittal There are no known historical resources at this site There is an existing fire access road that goes though the site on the west boundary connecting to baseline from apartments to the north initial Study DRC Aug2006 doc Page 2 of 9 Created on 8/21/2006 10 44 AM B,C,D & E 30 Information indicated by an asterisk (*) rs not required ofnon-construction CUP's unless otherwise requested by staff 10) Descnbe the known cultural and/or hrstoncal aspects of the site Crte ail sources of information (books, published reports and oral history) There are no known hrstoncal aspects of this site 11) Descnbe any Horse sources and them levels that now affect the site (aircraft, roadway Horse, etc) and how they will affect proposed uses Existing road way noise from baseline and should have no major Impact on use See attached noise study 12) Descnbe the proposed project in detail This should provide an adequate descnp6on of the site in terms of ultimate use thaf will result from the proposed project Indicate rf there are proposed phases for development, the extent of development to occ~ir with each phase, and the anticipated completion of each increment Attach additional sheet(s) rf necessary The project Is proposed in 1 phase to develop 82 condo units, pool and bathroom faculty and several open space amenity areas We will be deleting excess portions of an existing parking lot on our site • Initial Study DRC Aug2006 doc Page 3 of 9 Created on 8/21/2006 10 44 AM B,C,D & E 31 • 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects Indicate the type of land use (residential, commercial, etc ), intensity of land use (one-family, apartment houses, shops, department stores, etc) and scale of development (height, frontage, setback, rear yard, etc ) North -Existing Medium High Residential Condos South -Baseline Road and existing winery faculty East -Existin4 small retail center West -Existing Single Family Residential 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the pro~ect~ This will actually be compatible with existing development See justification statement 15) Indicate the type of short-term and long-term Horse to be generated, rncludrng source and amount How will these • Horse levels affect adjacent properties and on-site uses What methods of soundproofing are proposed General Construction noise, long term plexiglass barriers will be used to mitigate private open space requirements '16) Indicate proposed removals and/or replacements of mature or scenic tries None 17) Indicate any bodies of water (rncludrng domestic water supplies) into which the site drains None Initial Study DRC Aug2006 doc Page 4 of 9 Created on 8/21/2006 10 44 AWI B,C,D & E 32 18) Indicate expected amount of water usage (See Attachment A for usage estimates) For further clanficatron, please contact the Cucamonga County Water Drstnct at 987-2591 • a Resrdentral (gal/day) 16,400 00 Peak use (gal/Day) 32,800 00 b Commercial/Ind (gal/day/ac) 0 00 Peak use (ga!/min/ac) 19) Indicate proposed method of sewage disposal ^ Septic Tank ^ Sewer If septic tanks are proposed, attach percolation Pests /f discharge to a sanitary sewage system is proposed indicate expected daily sewage generation (See Attachment A for usage estimates) For further clanfication, please contact the Cucamonga County Water Distncf at 987-2591 a Resrdentral (gal/day) 16,400 00 b Commercial/Industnal (gal/day/ac) RESIDENTIAL PROJECTS: 20) Number of residential units 82 Detached (indicate range of parcel sizes, minimum lot size and maximum lot size Attached Attached (indicate whether units are rental or for sale units) For Sale • 21) Anticipated range of sale pnces and/or rents Sale Pnce(s) $410,000 00 to $550,000 Rent (per month) $ to $ 22) Specify number of bedrooms by unit type Unit Plan A - 25 -2 bedrooms 2 bath 1320 sf Unlt Plan B - 7 - 3 bedrooms 2 5 bath 1415 sf Unit Plan C - 25- 3 bedrooms 2 5 bath 1469 sf Unlt Plan D - 25- 3 bedrooms 2 5 bath 1516 sf 23) Indicate ant~crpated household size by unit type • Initial Study DRC Aug2006 doc Page 5 of 9 Created on 8/21/2006 10 44 AM B,C,D & E 33 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 13 b Junior Hrgh 9 • c Senior Hrgh 8 COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and mayor function(s) of commercial, industrial or institutional uses N/A 26) Total floor area of commercial, mdustnal, or institutional uses by type N/A 27) Indicate hours of operation N/A 28) Number of employees Total 0 Maximum Shift 0 Time of Maximum Shift 29) Provide breakdown of anticrpated~ob classifications, including wage and salary ranges, as well as an rnd~cat~on of the rate of hire for each classification (attach add~t~onal sheet if necessary) To be determined by ultimate commercial purchase 30) Est~mat~on of the number of workers to be hired that currently reside in the City 0 '31) For commercial and mdustnal 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) initial Study DRC Aug2006 doc Page 6 of 9 Created on 8/21/2006 10 44 AM B,C,D & E 34 • • ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the project been contacted to determine them ability to provide adequate service to the proposed pro~ect~ If so, please indicate them response • All agencies contacted have Indicated their ablllty to provide services to the protect 33) In the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic matena/s~ Examples of hazardous and/or toxic materials include, but are not Irmrfed to PCB's, radioactive substances, pesticides and herbicides, fuels, oils, solvents, and other flammable I~quids and gases Also note underground storage of any of the above Please Irst the materials and describe their use, storage, and/or drscharge on the property, as well as the dates of use, rf known None 34) Will the proposed project involve the temporary or long-term use, storaye or drscharge of hazardous and/or toxic materials, including but not limited to those examples listed above If yes, provide an inventory of all such materials to be used and proposed method of disposal The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans None 1 hereby cerf~fy that the statements fumrshed 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 be/ref /further understand that add~t~onal information maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga Date 8/22/06 Signature Title Chuck Buauet. Charles Joseph Associates Initial Study DRC Aug2006 doc Page 7 of 9 Created on 8/21/2006 10 44 AM B,C,D & E 35 `'~ u e ~.._ r- ~-- ~ J ~-~ ll it . ~ .i_".r a e _- "~ ______ I I r c_c______ ~ ~ i ¢iE E~ i I `r ~ sue-- ,_..~,"~.~~_...~~1,...w~M ~r_r..-~$ ~Y88lfIQ j' 5.75 itm ",y~ yng'tr1ciu ~ ' • I/bf< • yy ~ =7 j • ~ n ^. `, II ! ai Statcon y ~~~ ~ ~~tk" '" ' J II I i ./r l ~ '+ ~".~ ,. r~~~k nnl I•_v =-. c___ ~ y~= __ N.mei-rzm~c~J ".~ h.^, ~A1 ,Y _ =7cr~me. ~.e.a===vsme m.m I, QI' • f~ ~, f E~E °~ JIY@14~ Y StBtlOlt _'~_ ~eQ 1' 3 l b ___ -z_.-- ° :#~~ %[ eu-, IySi . ~S a __ 'i ~ 6 _ i~ i ~ `.ash. ~t T'~~ ~ II ;k^ II - ~F,~a ...M....,° 3F , .... ~ _< .. _: nF •)~ - t ~ ~ ._.=_..._.R ~ -~- o _ _.. _ ~ . 88 .,,r x7359 • ~~ ~I : Y ._/ ~ - ' ~ "' ` , r ~, ',FitdWS22da , I _ _ _• IS n " A ~ H~ _ >____....~_ - ,.°.: -_x -r_=mar=z ~° '~ -~=,~ r .. SOCJTJi~FcN ~ ~~ ~•PAClFI • ~ ~~~..~,.-rasa- 13~~~ • _ .T • °~~ f' "y ~`_ ® ° ® , ~~ ; aao~~` "~-~ ~ I ' ' ~, , ,, _ _ L1r~E _-. - tt Se Rlia _- - --~'-" se - --1~t~~-= -- - ---,.fig ° __-_.-_ ~ 11. i ~, . s..^~- - • - _ _ ., . __ _iir ... _ 1~ ,4i , _ ~~~~~.° ~ ~a~ ' ' I ,p ~_ err _ ' _.., : G. ~~; i4 u• ~;. c~ .irk = t : . _ o .. - - -- ~ -~ ,~~- ~; .. a Srte Latitude N34 07 330' Longitude W117 31 87T EJevaUon 1312 feet Souroe USGS Topographic Quadrangle North P~CE n v i r o n m e n to I o 2000 BITE LOCATION MAP S E R v i ~ E s SCALE IN FEET TOPOGRAPHIC MAP CLIENT: Charles JOSeph ASSOC{ateS DRAFTED BY: PROJECT MANAGER: PROJECT N0: Cal. Coast Homes EJH Tim Hersch E3640 siTE LocATioN: Baseline Rd & San Carmela Ct. DATE FIGURE: . Rancho Cucamonga, CA 91739 8 / 2006 ~ I~ • B,C,D & E 36 ~~~ I~ ~~~ i~ asa ~~~ ~ ~~~~4'_~~~~~~~~~1 ~~~ = ~ ~mFo ~ I ~ ~~ ~ ~ Q~ ~ ~ ~~ ~~ d°AR LL _ d' A R dR B 36 ~. 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Project Files: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT ENVIRONMENTAL DRC2006-00224 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the General Plan land use designation from Viilage Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 6 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN 1089-581-01. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447 -CHARLES JOSEPH ASSOCIATES for Baseline Victoria Park Partners LLC - A request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 6 acres of land at the northeast corner of Base Line Road and San Carmela Court -APN 1089-581-01 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES - A request to subdivide 6 net acres of land into 82 residential condominium units in the proposed Medium Residential District (8-14 dwelling units per acre) located at the northeast corner of Base Line Road and San Carmela Court -APN 1089-581-01. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2006-00730 -CHARLES • JOSEPH ASSOCIATES -Site plan and design review for 82 residential condominiums on 6 net acres of land in the proposed Medium Residential District (8-14 dwelling units per acre) located at the northeast corner of Base Line Road and San Carmela Court -APN 1089-581-01 2. Related Files: Tree Removal Permit DRC2007-00081 3. Description of Project: The applicant is proposing to develop 82 market rate condominium units on approximately 6 acres of undeveloped land located at the northeast corner of Base Line Road and San Carmela Court (north and west of the existing Victoria Village retail center) The proposed name of the development is The Vineyards at Victoria Park Place A portion of what appears to be part of the parking lot (approximately 69 spaces) for the adjacent commercial center is on the subject site (southeast) and will be removed to accommodate the project The aforementioned parking area is underutilized The new units will be grouped in 3 and 4-piex buildings The project offers 25, 2-bedroom and 57 3-bedroom units that range in size from 1,400 to 1,600 square feet, and have attached two-car garages Twenty eight (28) visitor parking spaces are provided (21 required) which are distributed around the site Recreational amenities are also provided around the site including a pool, spa, and pocket park with BBO's Primary access to the project site will be from a gated entrance at Atwood Court (off Victoria Park Place), with emergency fire department access off San Carmela Court The property has a gradual slope to the southwest and contains no significant vegetation, except for trees along the south and west sides of the existing parking area on the site Along the eastern frontage of the site along Victoria Parkway is an existing grove of trees that is within the public right of way and will be retained An application for Tree Removal Permit DRC2007-00081 has been submitted to remove approximately 49 trees which are located generally on the west and north boundaries of the existing parking area on the subject site B,C,D & E 38 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 2 To facilitate the development of the proposed project the underlying General Plan and Victoria Community Plan land use designations will need to be changed from commercial to residential as depicted in the following table ... -. .- . Plan Existin Desi nation Pro osed Designation General plan Neighborhood Commercial Medium Residential 8-14 Du/Acre Victoria Community Village Commercial Medium Residential Plan 8-14 Du/Acre Tentative Tract Map for Condominiums Proposed Change to Land Use Designations As required by State law and local ordinance a tentative tract map has been submitted to create the proposed 82 condominium units As with all projects in the community, the condominium project will be subject to the City's Development/Design review process to ensure that the project is consistent with all applicable guidelines, standards, and ordinances. • 4. 5. 6. Zoning: Presently the Victoria Community Plan land use designation for the site is Village Commercial (VC) The proposed Victoria Community Plan amendment is to change the existing land use designation to Medium (8-14 Du/Acre) Residential General Plan Designation: Presently the General Ptan land use designation for the site is Neighborhood Commercial The proposed General Plan amendment is to change the existing land use designation to Medium (8-14 Du/Acre) Residential • 7. Surrounding Land Uses and Setting (Briefly describe the project's surroundings): Project Sponsor's Name and Address: Charles Joseph Associates for Baseline Victoria Park Partners LLC 10681 Foothill Boulevard, Suite 395 Rancho Cucamonga, CA 91730 The project site is a vacant, "puzzle piece" shaped parcel that is surrounded by existing single-family residential development to the west and east, condominiums to the north, and a small commercial retail center to the immediate south Further south across Base Line Road is the Filippi Winery 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: Michael Diaz Senior Planner (909) 477-2750 B,C,D & E 39 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 3 10. Other agencies whose approval is required (e.g., permits, financing approval, or • participation agreement): GLOSSARY -The following abbreviations are used in this report: CVW D -Cucamonga Valley W ater 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 (/) Aesthetics ()Agricultural Resources (/) Air Quality ()Biological Resources (/) Cultural Resources (/) Geology & Soils ()Hazards & Waste Materials (/) Hydrology & Water Quality (/) Land Use & Planning ()Mineral Resources (/) Noise ()Population & Housing (/) Public Services ()Recreation () TransportationlTraffic ()Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (/) I find that although the proposed project could have a significant effect on the environment, there will not be a signs scant effect in this case because revisions in the protect have been made by, or agreed tq~ by t~rofect prpponepr~ MITI ATED NEGATIVE DECLARATION will be prepared Prepared By Reviewed By Date April 23, 2007 Date April 23, 2007 • B,C,D & E 40 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PLACE Page 4 • Less Than Signficant Less Issues and Su ortin Information Sources PP g Potentially Sgrnficant With Mitigation Than Significant No Im act Incorporated Impact Impact 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 Ilght 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 City of Rancho Cucamonga c) The protect site is a vacant, "puzzle piece" shaped parcel that is surrounded by existing single-family residential development to the west and east, condominiums to the north, and a small commercial retail center to the immediate south The design of the protect is based on the Spanish Colonial/Mediterranean architectural style, and features clay tale hip roofs and recessed windows and doors, decorative tile, and ornamental iron work The exterior walls will be clad in smooth texture stucco typically associated with the proposed style Design review is required prior to final approval The City standards require the developer to underground the existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No 87-96, unless exempted by said Resolution d) The protect would increase the number of streetlights and residential lighting sources typical of a residential setting The design and placement of Ilght 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 • AGRICULTURAL RESOURCES. Would the pro/ect. a) Convert Prime Farmland, Unique Farmland, or Farmland () () () (/) of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses b) Conflict with existing zoning for agricultural use, or a () () () (/) Williamson Act contract B,C,D & E 41 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 5 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signifcant wrth Mtligation Than Significant No Im act Incorporated Impact Impact c) Involve other changes in the existing environment, which, () () () (/) because of their location or nature, could result m conversion of Farmland, to non-agricultural uses Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2 The mator concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful, therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) No agnculturaliy zoned land is within the City of Rancho Cucamonga There are no Williamson Act contracts within the City • c) The undeveloped protect site is surrounded by residential and commercial uses The nearest • agricultural use is an extant grape vineyard across Base Line Road at the Filippi Winery The winery and vineyard are fully separated from the protect site and will not be adversely impacted by the new condominium development 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 protected air quality violation c) Result in a cumulatively considerable net increase of any () () () (/) criteria pollutant for which the protect region is non- attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant () (/) () ( ) concentrations e) Create obtectionable odors affecting a substantial number () () () (/) of people Comments: a) As noted in the General Plan FEIR (Section 5 6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations B,C,D & E 42 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 6 • Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Significant With Mitigation Than Significant No Impact Incor orated Impact Im act 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) Construction is an on-going industry in the Rancho Cucamonga area 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 will be generated during grading and construction activities While most of the dust will settle on or near the project site, smaller particles would also remain in the atmosphere, increasing particle levels within the surrounding area Construction workers and equipment work and operate at one development site until their tasks are complete They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a protect-specific basis Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, developer shall submit construction plans to City denoting the proposed schedule and 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 SCAGIMD 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,D & E 43 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 7 Less Than Significant Less Issues and SuY~ ortin Information Sources Np g Potentially Sgnrficant With Mmgation Than Sigrnficant No Impact Incorporated Impact Impact • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water t~uality Control Board [RWG1C6]) daily to reduce PM,a emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWG~CB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. • 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5 6). Based upon on the Urban Emissions Model (URBEMIS7G) model estimates in Table 5 6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Fine Particulate Matter (PM,o) would exceed SCAQMD thresholds for significance, therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 5 6-4 of the General Plan FEIR, therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant The following mitigation measures shall be implemented 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR • identified the citywide increase in operational emissions as a significant unavoidable B,C,D & E 44 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 8 • Less Than Significant Less Issues and Su ortm Information Sources PP g Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Impact adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. c) As noted in the General Plan FEIR (Section 5 6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large The SCAQMD identifies the following as sensitive receptors. long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401 The project site ad~oms residences and is located approximately 1/2 mile west from the Grapeland Elementary School on Etiwanda Avenue, and a 1/2 mile south of Windrows Elementary and Windrows Parks, each a sensitive receptor Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Pian During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above will reduce impact to less-than-significant levels e) Typically, the uses proposed do not create objectionable odors No adverse impacts are anticipated BIOLOGICAL RESOURCES. Would the pro/ect a) Have a substantial adverse effect, either directly or () () () (/) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service b) Have a substantial adverse effect on riparian habitat or () () () (/) other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service c) Have a substantial adverse effect on federally protected () () () (/) wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means d) Interfere substantially with the movement of any native () () () (/) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites B,C,D & E 45 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 9 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Significant with Mrtgatwn Than Signrficant No Im act Incorporated Im act Impact e) Conflict with any local policies or ordinances protecting () () () (/) biological resources, such as a tree preservation policy or ordinance f) Conflict with the provisions of an adopted Habitat () () () (/) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in a developed area is entirely surrounded by residential and commercial development The site appears to have been previously disturbed by rough grading and partial development as a parking lot on the southeast near the retail center that will be removed for the project No significant vegetation exists on the majority of the site, except for trees along the west and north boundaries of the existing parking lot on the site (see below) According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan • b) The project site is located in an urban area with no natural communities No riparian habitat exists on-site, meaning the project will not have any impacts . c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources d) The majority of the surrounding area has been developed, thereby disrupting any wildlife corridors that may have existed No adverse impacts are anticipated e) The City has a Tree Preservation Ordinance requiring a permit for the removal of any trees from the site There are approximately 49 extant trees on the site concentrated along the west and north sides, and interior of the existing parking area on the site None of the trees are designated as local landmarks Approximately, 400 new trees will be provided with the new project and distributed around the protect site In accordance with the above ordinance, the applicant has submitted a Tree Removal Permit application to remove the abovementioned trees to make way for the protect. Therefore, the proposed project is not in conflict with any local ordinance f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4 No conflicts with habitat conservation plans will occur 5. CULTURAL RESOURCES. Would the project 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 • B,C,D & E 46 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 10 • Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signdicant With Mitigation Than Sigrnficant No Impact Incorporated Impact Impact d) Disturb any human remains, including those interred () () () (/) outside of formal cemeteries Comments: a) The project 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 5 11) Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources The following mitigation measures shall be implemented• 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their 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 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 project 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.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 B,C,D & E 47 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 11 Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Significant With Mitigation Than Signrficant No Impact Incor orated Impact Impact preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be-limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed protect is m an area that has been disturbed by development The protect site has already been disrupted by construction of a parking lot on a portion of the site, • surrounding developments, and probable annual discing for weed abatement No known religious or sacred sites exist within the project area No evidence is in place to suggest the protect site has been used for human burials The California Health and Safety Code (Section 7050 5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097 98 As adherence to State regulations is required for all development, no mitigation is required m 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 n) Strong seismic ground shakings O O O (/) ni) Seismic-related ground failure, including O O O (/) liquefaction iv) Landshdes~ O O O (/) b) Result in substantial soil erosion or the loss of topsoils () (/) () ( ) • B,C,D & E 48 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 12 • Less Than Sgnihcant Less Issues and Su ortin Information Sources pp g Potentially Signrficant w~tn Mitigation Than Sgnihcant No Impact Incorporated Impact Impact 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 subject site is approximately 3/4 miles southeast of the identified Red Hill Fault zone, and approximately 2 miles south of the Cucamonga Fault Zone These faults are both capable of producing MW 6 0-7.0 earthquakes The San Jacinto Fault, capable of producing up to MW 7 5 earthquakes, is approximately 11 miles northeasterly of the site and the San Andreas Fault, capable of up to MW • 8 2 earthquakes, is approximately 16 miles northeasterly of the site Each of these faults can produce strong ground shaking Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant b) The proposed project will require the excavation, stockpiling, and/or movement of on-site soils The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control, however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCA~MD and 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. B,C,D & E 49 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 13 Less Than Sigrniicant Less Issues and Su ortin Information Sources PP g Potentially Significant With Mrtigation Than Significant No Impact Incorporated Impact Impact 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 project will not withdraw water directly 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 Tu~unga Gravelly Loamy Sand Soil association according to General Plan FEIR Exhibit 5 1-3 No adverse impacts are anticipated d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits These types of soils are not considered to be expansive Soil types on-site consist of Tu~unga Gravelly Loamy Sand Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5 1-3 These soils are typically considered rapidly permeable with slow to very slow runoff and slight erosion hazard No adverse impacts are anticipated e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal No septic tanks or alternative wastewater disposal is proposed for the project HAZARDS AND WASTE MATERIALS. Would the pro/ect a) Create a significant hazard to the public or the () () () (/) environment through the routine transport, use, or disposal of hazardous materials b) Create a significant hazard to the public or the () () () (/) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school 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~ • • B,C,D & E 50 initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 14 • Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Signdicant with Miugauon Than Signdicant No Impact Incorporated Im act Im act Comments: a) The project does not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full service Hazardous Matenals Division that is more comprehensive that any other in the state The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant No adverse impacts are expected. b) The proposed residential project does not include the use of hazardous materials or volatile fuels The City partic>pates ~n a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant No adverse impacts are anticipated c) Grapeland Elementary School is located approximately 1/2 mile directly east on • Etiwanda Avenue, and approximately 1/2 mile to the north is Windrows Elementary and Windrows Park The construction of residential units on the subject site will not create objectionable odors to these identified uses No adverse impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials No impact is anticipated e) The site is not located within an Airport Land Use Pian and is approximately 4 5 miles northwest of the Ontario International Airport, but not directly in the flight path of its runways No impact is anticipated f) The nearest private airstrip, Cabie Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits No impact is anticipated g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster Because the protect includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated h) Rancho Cucamonga faces the greatest ongoing threat from awind-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 B,C,D & E 51 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 15 Less Than SgniScant Less Issues and Su ortin Information Sources hP g Potentially Signdicant With Mitigation Than Significant No Im act Incorporated Im act Impact 8. HYDROLOGY AND WATER DUALITY. Would the project a) Violate any water quality standards or waste discharge () (/) () ( ) requirements b) Substantially deplete groundwater supplies or interfere () () () (/) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g ,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site () () () (/) or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site d) Substantially alter the existing drainage pattern of the site () () () (/) or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site e) Create or contribute runoff water which would exceed the () () () (/) capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff f) Otherwise substantially degrade water quality? () (/) () ( ) g) Place housing within a 100-year flood hazard area as () () () (/) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation maps h) Place within a 100-year flood hazard area structures that () () () (/) would impede or redirect flood flows i) Expose people or structures to a significant risk of loss, () () () (/) injury or death involving flooding, including flooding as a result of the failure of a levee or damp ~) Inundation by seiche, tsunami, or mudflow~ () () () (/) • Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD) The protect is designed to connect to the existing water and sewer systems The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit The State Water Resource Control Board (SWRCB) through the Regional Water Ouality Control Board (RWQCB), Santa Ana Region, administers these permits B,C,D & E 52 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 16 • Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signihcant With Mrtigatwn Than Signdicant No Impact Incor orated Impact Impact Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment Prior to commencement of construction of a protect, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General permit requires all dischargers to comply with the following during construction activities, including site clearance and grading Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. Perform inspections of all BMPs Waste discharges include discharges of storm water and construction protect discharges A construction protect for new development or significant redevelopment requires a NPDES permit Construction protect proponents are required to prepare a Storm Water Pollution Prevention Plan (SWPPP) To comply with the NPDES, the protect construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff The applicant has submitted a WQMP, prepared by R T Quinn & Associates (January 18, 2007) that identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans and various Business Plans that must be developed by any businesses that store and use hazardous materials Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system The following mitigation measures would be required to control additional storm water effluent Construction Activities 1) Prior to issuance of Grading Permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on- site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the 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 B,C,D & E 53 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 17 Less Than Signiticant Less Issues and Su ortin Information Sources• PP g Po+entially Significant w~tn Mmgahon Than Significant No Im act Incorporated Impact Im act 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. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational 5) The developer shall implement the BMPs identified in the Water duality Management Plan (WQMP) prepared by R.T. Quinn & Associates (August 17, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, 43 percent of the City's water is currently provided from the groundwater in the Cucamonga and Chino Basins CVWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation, however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface As noted in the General Plan FEIR (Section 5 9), continued development citywide will increase water needs and is a significant impact, however, CVWD has plans to meet this increased need through the construction of future water facilities c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, the 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 Offiaal 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 protect will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A Grading and Drainage plan must be approved by the Building Official and City B,C,D & E 54 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 18 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signifcant w~tn Mitigation Than Signfcant No Impact Incorporated Impact Impact 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 bwlding and hardscape proposed on a site, however, all runoff will be conveyed to existing storm dram facilities, which have been designed to handle the flows The protect will not result in substantial additional sources of polluted runoff A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits Therefore, increase m runoff from the site will not result m flooding on- or off-site No impacts are anticipated f) Grading activities associated with the construction period could result in a temporary increase m the amount of suspended solids m surface flows during a concurrent storm event, thus resulting in surface water quality impacts The site is for new development or significant redevelopment; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution The following mitigation measures ,shall be implemented 7) Prior to issuance of Building Permits, the applicant shall submit to the City Engineer for approval of a Water G~uality Management Plan (W(IMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) 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 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 I) There are no oceans, lakes or reservoirs near the protect site, therefore, impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams B,C,D & E 55 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 19 Less Than Sgnificant Less Issues and Su ortin Information Sources hP g Potentially Sgndicant Wiih Mitigation Than Signrficant No Im act Incorporated Impact Impact Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debris dams and levees north of the City and spreading grounds both within and north of the City 9. LAND USE AND PLANNING. Would the pro/ect a) Physically divide an established community () () (/) ( ) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with jurisdiction over the protect (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect c) Conflict with any applicable habitat conservation plan or () () () (/) natural community conservation plan :7 Comments: a) The protect will not divide an established community The protect site is surrounded on three sides by single-family residences and 2-story condominiums The protect will complete the development of the existing area in a manner that is consistent and compatible with the development of the surrounding area No adverse impacts are anticipated b) With the proposed land use amendments to the General Plan and Victoria Community Plan the development of the site will be consistent with City land use policies and regulations The proposed Medium (M} density range of 8-14 units/acre will be the appropriate transition density between the higher Medium-High density of condominium complex to the north and the Lower Medium (LM) density level of the single-family development to the east and west of the site Moreover, the proposed protect will not interfere with any polices for environmental protection As such, no significant impacts are anticipated c) The protect site is not located within any habitat conservation or natural community plan area According to the General Plan Exhibit IV-3, and Section 5 3 of the General Pian FEIR, the project site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan 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 m the loss of availability of a locally important () () () (/) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1, therefore, there is no impact B,C,D & E 56 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 20 • Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Sgndicant With Mitigation Than Signdicant No Impact Incor orated Im act Impact b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site, therefore, there is no impact • 11. NOISE. Would the project result m a) Exposure of persons to or generation of noise levels in () (/) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies b) Exposure of persons to or generation of excessive () () (/) ( ) ground borne vibration or ground borne noise levels c) A substantial permanent increase in ambient noise levels () () () (/) in the project vicinity above levels existing without the project? 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 protect expose people residing or working in the protect area to excessive noise levels f) For a protect within the vicinity of a private airstrip, would () () () (/) the protect expose people residing or working in the protect area to excessive noise levels Comments: a) The project site is not within an area of noise levels exceeding City standards as indicated by General Plan Exhibit V-13 at build-out. However, the southwest portion of the site fronts Base Line Road, a major east-west arterial According to the Noise Impact Analysis (LSA Associates, Inc August 2006) prepared for the protect, the primary noise sources impacting the protect site is traffic on Base Line Road, Victoria Park Lane, and San Carmela Court The Noise Analysis identifies the units in the buildings adjacent to Base Line Road and San Carmela Court as the most likely to be impacted by traffic noise conditions In order to meet the City noise standards and reduce exterior and interior noise levels to less-than-significant levels for these impacted units, the Noise Impact Analysis recommends use of a solid block walls along the perimeter of the site and exposed balconies The mitigation measure below is intended to ensure that the applicant incorporates the recommendations of the noise analysis prepared for the project 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. B,C,D & E 57 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 21 Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Signdicant w~tn MrtgaUOn Than Signdicant No Impact Incor orated Impact Impact b) The uses associated with this type of protect normally do not induce ground borne vibrations No significant impacts are anticipated c) The primary source of ambient noise levels in Rancho Cucamonga is traffic The proposed residential development will not significantly increase traffic, hence, are not antiapated 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 2) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the 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. 4) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigatron measures will reduce the disturbance created by on-site construction equipment, however, do not address the potential impacts because of the transport of construction materials and debris The following mitigation measure shall then be required 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an airport land use Plan and approximately 4 5 miles north of the Ontario International Airport, and offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits No impact is anticipated • B,C,D & E 58 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 22 • Less Than Signdicant Less Issues and Supporting Information Sources Potentially SigrnUcant w~tn Mmgauon Than Signdicant No Impact Incorporated Im act Impact 12. POPULATION AND HOUSING. Would the project a) Induce substantial population growth in an area, either () () () (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere c) Displace substantial numbers of people, necessitating the () () () (/) construction of replacement housing elsewhere Comments: a) The protect will result in the development of 82 housing units on the subject site and a moderate increase in the local resident population However, the density level proposed with protect allows for a compatible transition level between the higher density level of the adjacent condominium complex and the lower density level of the single-family development to the east and west No significant impacts are anticipated b) The protect will not result in the displacement of any existing housing units The site is • vacant and is currently zoned for commercial development The development of additional housing units on the site, poses no adverse impact to housing within the City c) The mafority of the site is undeveloped No significant impacts are anticipated 13. PUBLIC SERVICES. Would the protect 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 environmental impacts, in order to maintain acceptable service ratios, response times or other performance ob/ectives for any of the public services a) Fire protections O O (/) ( ) b) Police protections () () () (/) c) Schools () () () (/) d) Parks () () () (/) e) Other public facilities () () () (/) Comments: a) The site will be served by a Fire Station 173 located approximately a 1/2 mile west of the protect site on Day Creek Boulevard All new units will be constructed in accordance with Standard conditions of approval from the Uniform Building and Fire Codes b) Police protection and routine patrols of the site and surrounding areas is provided by the Rancho Cucamonga substation of the San Bernardino County Sheriff's Department The eventual construction of new housing units on the subject site will not change the pattern of B,C,D & E 59 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 23 Less Than Significant Less Issues and Su ortin Information Sources Pp g Potentially Significant With Mitigation Than Signdicant No Im act Incor orated Impact Im act uses within the surrounding area and will not have an adverse impact on patrols by the department c) The Etiwanda and the Chaffey Joint Union High School Districts serve the area in which the project is located A standard condition of approval will require the developer to pay the School Impact Fees With this standard mitigation, impacts to the School Districts are not considered significant d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is Windrows Park, located approximately a 1/2 mile north of the project site on Victoria Park Lane In addition, Victoria Arbors Park is located south of Base Line Road approximately a 1/2 mile to the south In addition, the project will provide on-site recreational amenities such as pool and open space areas to meet the immediate recreational needs of the residents in the new condominiums Active recreational opportunities, including organized sports programs, are also offered by the City or by its affiliates Finally, as a standard condition of approval, the developer will also be required to pay Park Development Fees Thus, no significant impacts are anticipated e) The proposed project will utilize existing public facilities The site is in a developed area, currently served by the City of Rancho Cucamonga The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Cumulative development within Rancho Cucamonga will increase demand for library services According • to the General Plan FEIR (Section 5 9 9), the projected increase in library space under the General Plan will not meet the projected demand. The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a Statement of Overriding 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 has opened a new library (2006) within the Victoria Gardens regional shopping center adding approximately 23,000 square feet, which exceeds the protected need of 15,500 square feet at City build-out The Victoria Gardens library is approximately one mile south of the site No significant impacts are anticipated 14. RECREATION. Would the pro/ect a) Increase the use of existing neighborhood and regional () () () (/) parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated b) Does the protect include recreational facilities or require () () () (/) the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest parks are Windrows Park and Victoria Arbors Park, located approximately 1/2 mile from the protect site Although, the development of 82 condominium units will result in a slight potential for increased use of public parks or other recreational facilities within the City, the protect will not adversely impact parks or recreational faalities In addition, the protect B,C,D & E 60 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 24 • Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Significant w~tn Mitigation Than Significant No Impact Incorporated Im act Impact will provide on-site recreational amenities that will directly benefit the residents of the new apartments As indicated above, a standard condition of approval will require the developer to pay Park Development Fees for the new units and help off-set the costs of on-going park improvements in the City No impacts are anticipated b) See a) response above • 15. TRANSPORTATION/TRAFFIC. Would the project a) Cause an increase in traffic, which is substantial in O O O (/) relation to the existing traffic load and capacity of the street system (i e , result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level of () () () (/) service standard established by the county congestion management agency for designated roads or highways c) Result in a change in air traffic patterns, including either () () () (/) an increase in traffic levels or a change in location that results in substantial safety risks d) Substantially increase hazards because of a design () () () (/) feature (e g., sharp curves or dangerous intersections) or incompatible uses (e g ,farm equipment) e) Result in inadequate emergency access () () () (/) f) Result in inadequate parking capacity () () () (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation (e g , bus turnouts, bicycle racks) Comments: a) As noted in the General Plan FEIR (Section 5 5), continued development will contribute to the traffic load in the Rancho Cucamonga area As part of the protect, the developer of the apartments will also be required to install street improvements (e g , curb, gutter, and sidewalk) adjacent to the protect that will improve roadway conditions Based on the Rancho Cucamonga Traffic Model, the estimated traffic generation rate expected from the proposed condominium project is calculated at 480 Average Daily Trips (ADT) According to the Traffic Engineering Department, when traffic from the condominiums is added to existing traffic on adjacent streets and intersections (Atwood Street, Victoria Park Lane and Base Line Road) they will continue to operate at an acceptable level of service As such, the proposed project will be consistent with the General Plan for which the FEIR was prepared and impacts evaluated and not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at nearby intersections Finally, the project is subject to the Transportation Development Fee that must be paid by the applicant prior to issuance of Building Permits Fees are used to fund roadway improvements necessary to • support adequate traffic circulation Therefore, no impacts are anticipated b) The Rancho Cucamonga Traffic Model estimates that each condominium unit will generate an average of 0 56 two-way peak hour trips daily As such, the total trips generated for all B,C,D & E 61 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 25 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signrficant With Mmgafion Than Significant No Impact Incorporated Impact Impact 82 condominiums will be 45 92 two-way peak hour trips, which is less than 250 two-way peak hour trips for non-retail uses, therefore, is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for requiring a traffic impact analysis The project site is in an area that is largely developed with all street improvements According the Traffic Engineering Department, the project will not negatively impact the LOS standards on adjacent arterials No impacts are anticipated c) Located approximately 4 5 miles north of the Ontario International Airport, the site is offset from the flight path and will not change air traffic patterns No impacts are anticipated d) The project is in an area that is steadily being developed As a part of the project, new street improvements (e g , roadway, curb, gutter, and sidewalk) along adjacent streets will be required The protect design does not include any sharp curves, dangerous intersections, or farming uses that would present a conflict or hazard with the proposed changes in the land use designation and subsequent development of apartments on a portion of the overall site The project will, therefore, not create a substantial increase in hazards because of a design feature No impacts are anticipated e) The project will be designed to provide access for all emergency vehicles and will, therefore, not create an inadequate emergency access Primary access to the new condominium units will be from Atwood Court Only emergency (fire and police) access will be permitted from San Carmela Court No impacts are anticipated • f) The protect will have adequate on-site parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity Each unit is provided with an attached 2-car garage. In addition, 28 visitor parking spaces are included, which is seven more than required by the development code No significant impacts are anticipated. g) The project does not conflict or impede adopted policies, plans, or programs supporting alternative transportation (e g , bus turnouts, bicycle racks, etc) The protect will be conditioned to provide, features supporting transportation and vehicle trip reduction (e g ,bus bays, bicycle racks, carpool parking, etc ) 16. UTILITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the () () () (/) applicable Regional Water Quality Control Board b) Require or result in the construction of new water or () () () (/) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects c) Require or result in the construction of new storm water () () () (/) drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects d) Have sufficient water supplies available to serve the () () () (/) protect from existing entitlements and resources, or are new or expanded entitlements needed • B,C,D & E 62 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 26 • Less Than significant Less Issues and Su ortin Information Sources PP g Potentially Significant With Mrtigahon Than Significant No Im act Incor orated Impact Im act e) Result in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the protect, that it has adequate capacity to serve the protect's protected demand in addition to the provider's existing commitments f) Be served by a landfill with sufficient permitted capacity to () () () (/) accommodate the protect's solid waste disposal needs g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste Comments: a) The proposed protect is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The protect is required to meet the requirements of the Santa • Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated b) The proposed protect is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity The protect is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits The impact is not considered significant d) The protect is served by the Cucamonga Valley Water District water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this protect No impacts are 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 are at capacity No impacts are anticipated f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs g) This protect complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no impacts are anticipated • B,C,D & E 63 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 27 Less Than Significant Less Issues and Su ortin Information Sources Pp g Potentially Signficant With Mitigation Than Signdicant No Impact Incorporated Im act Impact 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality () () () (/) of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually () () () (/) limited, but cumulatively considerabie~ ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future pro~ects)~ c) Does the project have environmental effects that will () () () (/) cause substantial adverse effects on human beings, either directly or indirectly Comments: • a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3 Additionally, the area surrounding the site is developed Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build- out inthe City and Sphere-of-Influence The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources Mitigation measures were adopted for each of these resources, however, they would not reduce impacts to less-than-significant levels As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)) These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required c) Development of the site will not cause substantial adverse effects on human beings, either directly or indirectly The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact, proposed mitigation measures would further reduce emission levels Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed The Initial Study 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 B,C,D & E 64 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 28 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D) The effects identified above for this protect were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The following earlier analyses were utilized m completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) • B,C,D & E 65 Initial Study for City of Rancho Cucamonga DRC2006-00730 -THE VINEYARDS AT VICTORIA PARK PLACE Page 29 APPLICANT CERTIFICATION I certify that I am the applicant for the protect described in this Initial Study I acknowledge that I have read this Initial Study and the proposed mitigation measures Further, I have revised the 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 Date Print Name and Title C~t.g,r,~l~V riJ~av-e+ ~ rsl~S ~~~~'~ • • B,C,D & E 66 ;"__~ ,' - City of Rancho Cucamonga ~~. _:~ r~ ; MITIGATED NEGATIVE DECLARATION tr 6: z The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: GENERAL PLAN AMENDMENT DRC2006-00224, VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00447, TENTATIVE TRACT MAP SUBTT18212, AND DEVELOPMENT REVIEW DRC2006-00730 Public Review Period Closes: May 23, 2007 Project Name: Project Applicant: Charles Joseph Associates Project Location (also see attached map): Located at the northeast corner of Base Line Road and San Carmela Court - APN~ 1089-581-01. Project Description: A request to change the General Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) designation for approximately 6 acres of land and a request to change the Victoria Community Plan land use designation from Village Commercial to Medium Residential (8-14 dwelling units per acre) and a request to subdivide 6 net acres of land into 82 residential condominium units in the proposed Medium Residential District and a Site Plan and design review for 82 residential condominiums on 6 net acres of land in the proposed Medium Residential District (8-14 dwelling units per acre), located at the northeast corner of Base Line Road and San Carmela Court - APN. 1089-581-01. FINDING This is to advise that the City of Rancho Cucamonga, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the prolect plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. • May 23, 2007 Date of Determination Adopted By B,C,D & E 67 RESOLUTION NO 07-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2006-00224, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) DESIGNATION FOR APPROXIMATELY 6 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-581-01. A Recitals. 1. Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application Development Review DRC2006-00224, requesting a change to the General Plan land use designation, as described in the title of this Resolution Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 23rd day of May 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth 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 May 23, 2007, including written and oral staff reports, together with public testimony, this Commission hereby speafically finds as follows: a. The application applies to the property within the City; and b. The proposed amendment will not have a significant impact on the environment; and c. The proposed land use amendment is consistent with the goals of the Land Use Element of the Rancho Cucamonga General Plan, in that the proposed land use change from commercial to residential will allow development of the long vacant commercially zoned site with new residential development that is compatible with the surrounding residential development. Moreover, the density of the proposed Medium Residential (8-14 dwelling units/acre) land use designation for the site will provide a natural transition between the Medium-High density (14-24 dwelling units/acre) level of the condominium protect to the north and the Low-Medium density level of the single-family development to the east and west of the site Finally, the development of medium density residential development on the subject site will help to reinforce the base residential population necessary to support local commeraal uses in the immediate • area such as the adiacent commercial center, the Filippi Winery, the Winery Estates Marketplace, and Victoria Gardens B,C,D & E 68 PLANNING COMMISSION RESOLUTION NO. 07-20 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES May 23, 2005 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 land use amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area; and b. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c The proposed amendment is in conformance with the General Plan. 4 Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends that the City Council adopt a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, 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. 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 project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment 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 project 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 project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. 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 City Planner of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. • 5 Based upon the findings and conclusion set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment DRC2006-00224, as shown in the attached Exhibit A. B,C,D & E 69 PLANNING COMMISSION RESOLUTION NO. 07-20 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES May 23, 2005 • Page 3 Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted m SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering • Pave or apply gravel to any on-site haul roads • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i e., wind speeds exceeding 25 mph) m accordance with Rule 403 requirements B,C,D & E 70 PLANNING COMMISSION RESOLUTION NO. 07-20 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES May 23, 2005 • Page 4 • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their 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 B,C,D & E 71 PLANNING COMMISSION RESOLUTION NO. 07-20 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES May 23, 2005 Page 5 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. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM,o emissions, m accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~o emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions B,C,D & E 72 PLANNING COMMISSION RESOLUTION NO. 07-20 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES May 23, 2005 Page 6 Hydrology 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a 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 the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a minimum. a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WOMP) prepared by R T Quinn & Associates, (August 17, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 B,C,D & E 73 • PLANNING COMMISSION RESOLUTION NO 07-20 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES May 23, 2005 • Page 7 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Nose 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Officia- for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Construction or grading on weekdays shall not take place between • the hours of 8 00 p m and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02 120. Monitoring at other times may be required by the Building 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. 4) The perimeter block wall shall be constructed as early as possible in first phase 5) Haul truck deliveries on weekdays shall not take place between the hours of 8 00 p m and 6:30 a m including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings B,C,D & E 74 PLANNING COMMISSION RESOLUTION NO 07-20 GENERAL PLAN AMENDMENT DRC2006-00224 -CHARLES JOSEPH ASSOCIATES May 23, 2005 • Page 8 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MAY 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 23rd day of May 2007, by the following vote-to-wit: AYES: COMMISSIONERS • NOES. COMMISSIONERS ABSENT. COMMISSIONERS: B,C,D & E 75 • H a a 0 J Q H Z H N J Y • U WT i U Z_ O H Z O Z O Q _~ C • .C N i t U cal U c ca v .Q Q 0 M ti O O cfl O O 0 aZi ++ V ~_ ~O a ai D .NI ~+ Q L a a 7 ++ C . . ~ ~ ~ v N N N N N N a U a a a a ~ ~ ~ ~ ~ ~ Q Q a a ~ ~ • o 0 0 0 0 0 ~ ~ ~ ~ ~ ~ a~ a~ m m a~ o a>i m> >m a'~ ai ai ~ m m m ~ m U U U m U U • O m a ~ ~ m m m -a - - -a m as >, -o as C cn ... C ~ >, ~ ~ cn ~ ~ "p y ~vOJ O O p i~ X f C -O Q~ C ~ ~L m ~~ ~ o Q... ~ a...d ~ o ass ~ Q ~ o U ` ~ ~ ~ ~ O ~ ~ ~ ~ O O O L L O L ~ O Q = O ~~ 'O Vl U L U N ~ p ~ L ~~ ~ U ~ ~ i y _ U C >' ~ ~ C ~ ~ (~ ~ L ~ >' Cis ~ O ~ y ~ ~ C O _ cis C O N- > ~ Q~ ctf O c~ O N ~ O,. ~~ ~ O U~ ~~ U ~ O C~ O ~Q E ~ >' O O-U U N ~ U ~ O~ ~ ~ LCCa ~ cn ~ ~ ~ ~ C ~Lc i o~O ~ C ~ o ~ ~ ~ ~ ° U c>s ~ ~ ~ ~ ~ ~ roc O N ' a`s > i s ° ~ ~ ~ N N O O "" (~ O U cn m C a ¢ t OU >+ N O _ E: ~ O C O w--~ O L~ O w--~ . Q ~ 7 ~° c~ O c~ ~ L O ~ O O - N p ~ L 'p "° C O_ U O "6 U C N ,- V7 - O cn U~ C- U C D_ C~ 7 cis ~ ~ O~ O N U N y ~ O N~ Q C'7 O- ~ O m j c6 O O ~ ~ O ~- O- OU O ~ j ~ ~ (~ ~ ~ ~ - N ~ a "O CA Q - N 0 ~ 6 ~ C L C ' ~ ~ ~ c ~~ o~ ~ ~ ~ ~ ~ o ~ ~~ o ~ ~ N ~l - - ~ o ~ U ~ ~~ ~ ~~ C~ ~ ~~~ ~N~~~ O i tv N y ~U~; cn C "O ~ LQ ~ U i N O ~~ ~ L , ~ ~~ O C C~ ~ a tv U O~~ N O m ~~ c~ O ~ f ~~ N ~ ~ i C.-. c~m~ ~ O o-ECE~,c>s~as_ caE O d ~ ? C Q - n ~ m '~ O °~ ~ ~ ~ in c ~_ ~ °as C- C L as O Q- O O- ~ b ~ c>s C O>C°~3a~CCaCC a O ic.C N p cua~ O cn Ua>> ~ L Q -aEo`~`~o ¢ o as U E~ U ~asm~>is>omcac ~a~ m as as SU Ewa _°c~a> Q a~~ -o ¢ C -~U ¢~ ~ B,C,D & E 76 0 T . . N N N V ~ ~ ~ ~h ~t ~ N ' a a a Q Q Q Q Q Q a s °- °- °- °- o o ~ o o a Q O O O O V U U U U O O O O O O C~ C N C~ C~ C~ O N O O O N O ~ C ~ 7 0 7 ~ 7 ~ O O ~ ~ ~ ~ D U D U D U D U ~ U ~ ~ • U U U U U U U U U U U O O O O O O O O O O O m m m m m m m m m m m o, OO ~-°c ~"°'o C ~ ~~ tai O L a~-°>'p L S ~ ~o° ~ i~i~ L L i O O -O 7 L L ~ a v ~ _ ~ O ~ Ci O ~ U ' (0 +- ~ O N U .-. ..-. ~ ~ "d (S3 p~ C N O O c~ v~ C p N . ~ ~ .p.... f0 C L~ y U ~ C C O O _ Q i ~mU ~ ~ ~ ~~ ~ p ~ ~ N p 0 i O _>' ... O L lq ~ O .~ O Cf3 ~ ~ O U ~ Q ' ~ C ~ U ~ p ~ C 7 ~ O c~ 0 E "d O c~ O~ L O ~ cC ~ L C> N U OU O U~ ~~ O L _ ~ ~ O O C (0 O L (CS O7 _ ~ C/) ~ O > p ~ ~ C ~ N ~ ~ O U O ~ ,~ (~ ~ C N L ~ ~ >, "~ C .fl U ~ N ~ ~ ~ L <q O_ ~ ,~ O N CSS O ~ O L U ~ C ~ j L ~ O L L ~ ~ ~ ~ O = ~ ~ C O E ~ ~ co p > a O -a O- O U "O m O ~ > - ~ ~ ~ C C >+ C ~~ O C C p X C O~ (~ ~ ~ ~ C cq E~ C Ll') i L~ U O > ~ U -O O C~ `O C O a 0 c0 ~ L fl- ~ C - C~ C j~ ~ "p p m ~ i -p ~ N 7 ~ ~, ,,_, O ~ C C ~- O- ,-. ~ C U O Q. ~ • > N ` ~ O O - 7 CSS C C~ U C ' O ~ ~ ~ h ~ a N ~ d O N U p ~ 'D > ~ O ~ ~ ~ p' C j N > O y to "O In fl- O U ~ U U O cq O N p i p- ~ C'7 E N CiS ""' '"' ~ CO _ ,--~ ` Q O V7 c0 ~ - N O a .~ U C _ O ~ O O 7 U O -O O H O ~ ~ 7> O -~ N C C~ N O' C C CSS O ~ C N m 0 `- ~ C ~ ~ C~ > ~ ~ -C ~ ~_ O >. ~ U ~ ~ ~ ~ ~ .C ~ - C O C .- ~ _ ~ Q O N U (if -O ~ C_ i ~ O ~ C ~ ~ ~ - U O Q O ~ 'C U Q C~ ~ ~ i N O N U ~ ~ ~ ~ C6 ~ ~ ~ ~ N N ~ (~ _N _o ~ y ~ ~ ~ O U~ (~ C "O C i to („~ -C E U "O N C U C~ (n o O L `. C , O j ~ ~ ~ Q ~ a p C NLO. O ~ in d -p ~ C - c~ ~ .~ c~ ~ M ci3 m ~ d y ~ ? U ~ O U cSS L~ U O y U~ 0 p _~ ~ O C U c~ c~ p ~ Ci3 C O ,~ O - V U N O c~ ~ U d ~ (d UJ ~ ~ ~ c 6 N Cn ~ ~ F- U (n ~ (n ~ L ~ O y O i ~ O ~ ~ O (n U O (~ 7 > U C O dj ~ `1 p C~ ^ ^ ^ L p 0 O F- cn ~ ~ ~ -C ~~ U ~ c~ ~ L F- c~ L O O I- U 3 • O • N • B,C,D & E 77 • • N N ch M ~ M ~ U U a a a s a Q Q a a a • o a o 0 0 0 0 °~~~ • U U U U U U U . • • O O O O m m m m O O ~ o o ~ o • ° ~ ~ a> 'o a~ = c o a~ 'o c ~ ' a~ 3 c~ rn '° ~ a~ Q ~ ~ v ~ .~ c .n c ~ c `~ ~~ o ~ m o = m a c ~ ro ~ c a> >O o c m c o ° ~ ~ -_ ~ ~ ~ ~ O -_ ~ ~ ~ ~ ~ _ N Qi O O- c ~~n ~U_ - O O ~ c4 E ° ~W QOU v o c m ° ~ Q~U y d L m ~ O U~~~ (Oj ~ > ° ~ "O (Lf O ~~ O O N O U ~i~ C O N Q O O ° °~ ~ o i~ ~ ~ c -cm ° o O a> ° o ~ c ~ ~ c ~ ° o ~ ~ ~ L ~ o cca Q ~ Ea ~ ~ c ~ ~ ~~ ~ ~c>i~ ~ c v,~ u, o ~~Q~cnE c c° w > ~~~ o > O ~~ -a o ~ a~ ~ o c~>~a~E vcc ~ a~ as va> c c wc~ c ~ ° U vc~>, ,-. a> O c~RS O ~ ~ ~a ccs a> co~o_m~ ~ L ~ ~ ~~ `~ ~ U F O ~~ O o ~ o .~ - O ~ U Q > (0 N U U to c 0~ - ~ O O m O ~ ~ ~-~ .-. ° ~ om Q O o a> n.c ~ ~ ~~ ° c~U o~~ c~~ cca ~~_ ~ E ~~ - ~ ~ ° m~ N c O m "-' ° ~ ~ N O S Q ~_ O N Q ~ ~ o cC - v ° c 7 0 N '~ p 0 O~ Q O O m > c~ N~ O O __ O O>~ O • O U~~ O U CO ` ~~ O Q~ >, O L 7 7 (~ N O S (0 p CSS ~ C ~ 7 0 p~ ~ C O p O~ U Q c ` CO N O O N p C c U -O Q p -p a c O Q. U ° ~ ~ `~ U o ~ 0 ~ ~ O > ~ a ~ p O_ ; t ~ ~ i~ a. ~ p ~ro ~ ~ ~ ~ c ~ - ~o ~ ~ ~ o.... a 0 ~ c ~ o o 0 "° µ- L Y - ~~ O U ~, ~ ~ O C U C O U m ~ ~ ~ U _ c c~ O U c c~ C Q ~ O fn O O ~~ .~ ~ E ,..: O ~~ c O ~ O O N "- _ -O ~ O O E O C !~ O U O ~~~ E= N C~ ~ +~- ~~ O ~ c~ ~_ O C O a O ~ O Q~ O ~~-+ ~ c ~ 0 O ~ O Q O ~ N N~ ~ p N O c i O O O~ ~~ ~ ci3 ~ ~ ~ ~ ~ i ~ N ~ _O N O O O~~ c6 c~ N .~ L ~ Q. C O N ~ 7 (~ (~ ~ n ~ O ..+ O- "O U ~ 'a 0 ~ c~ O C (~ > Q O Q co ~ ~ ~ ~ p~ L j - N O L ~ j •~ ~ ~ N C~ (LS O C > y ~ c~ ... ` W rn ~i c~ O U~ N U ~ "O ~ O i ~ c~ ~ 0 7 0 ~ U O Q. ~ ~ ~ O~ ~ L d 'CS Q CB O Q (~ (~ ~ ~ U c6 ° ` c Q~~ Q~~ U i°~c aac a ~a 0 c'7 B,C,D & E 78 . . • ~t ~ ~r c~ o~ ~ . • a a a p p Q 0 o Q O a o a Q 0 a ~ a~ ~ ~ a~ c • o O O O O O U N ~ N N N ~ ` C ~ ~ ~ ~ ~ N 7 ~ ~ ~ ~ ~ ~ p U • U m m m p p U O m ~ ~ _~ ~ C ~ d ~ E O ~ ~ ~ C O U U c~ '" ~ ~ C C ~ ~ U N ~ U N _ L ~ O ~ O O E c6 Q "O O c~ .-. 0 0 to ~ Q N C ~ ~ > ~J O N ,« O) C ~ > >, ~ C ~~ 0 0 0 0 ~ ~ ~ m C O ~ ~_ ~ C ~ _ O ~ C L ~ cn ~ c0 ~ O +. c~ ~ E ° ~ o ~ ~ _ U O ~" c~ O ~ O c0 ~ ~ ~ - O ~ c O ~ ~ _ L ~ a ~ o -_ m ~ Q- ~ o ~° 3~ ~ m~ o p t ~ ~ ~ o.~ ~ ,o n- o m o m c~ o~ ~j U L ~_ a c o ~ ° o L p U L ° o~ ~ ~ E ~ v ~ m U- ~Q c~ m ~ m o o o ~ O~ ~ ~ in ~ ~ a a v ° °- co ~ ~ c~ ~ ~ ~ -° ~ ~ ~ ~ ~ ~ ~ ~ ° c~ a~ ca ~ ~ c ~ ~ ~ ~ N ~ - ~ U p ~ U ~ N ~ ~ ~ O ~ ~ ~ ~ O O ~ O _ ~ Q N ~ ~ L O ~~ ~ ~ o c ~ o i~~ o ~~ ~ N ~ ~ o c ~' >, ~ y o U m ~ ~ ~ ~ ~ as O O + ~= ~~ `; O O N O ~ ~ O C O N~ - C , U ~ O _ R5 ~ o L c0 >L ~ ~ Q ~ 7 ~ a ~ ~ ~ Q O ~ ~ ~ C OC C ~ C O f~ N ~ O O ~ ~ ~ ~ fO a ' • ~ C ~- ~ v~ O ~ ' ~ E N ~ ~ O ,... O C ~ ~ O U U O O »-~ C~ 'D ~ d O c~ ~ m w O (n - ~ U ~ ~ 0 O O -_ ~ O N c0 O ~ C O_ U- E° c6 ~ ~ N O~ L c~ O U _ C O Q N O d C 0 0~ ~ c ~ X 7 cn ~ "O ~~ Q ~ ~ O ~ ~ ~ ~ O ~ ~ ~ _Q ~ ~ L 7 m ~ C "~ ~ Q ~ C~ C ~ C~ >, O ~ O ~ L ~ Q °- O ._, ~ U L L O C a o ~ _ tq 7 _C L ¢ ' ~ O O N U~ C ~ L a ° ~1~ U 7 ~ ~U ~ U Q O AU ° ~ ° '.'. O~ c~ ~ ~ ~ ~ i ~ a ~ ~ a~ ~ O i Ems a - o~ o a. c ~ - o m~?,~~ ~ 0 0~~ O. O Q O '=- O "d U d to to E RS ~ ~ ^ ^ ^ ^ N ~ L~ c~ (~ C I- N 'O (n ~ • 0 • L B,C,D & E 79 • • . . ~ ~ d' ~t ~ N N U U Q Q ~ a a • c 0 c o c p a a U U U 0 0 ~ ~ 7 p i ~ ~ p i ~ 7 p ~ U ~ N D U D U D U ~ ~ • ~ 0 U U U U U m m ' m m m m m O~ O~ O c~ ~• O U O p L E -O to O 7 C -- N -O U- c~ C O p 0 ~`~ a U > H O ~ O O O O L N L "~ U .~ O o~o~ N ~ ~°' ~ Qoo + d ~ - O ~ cn >~mcc C _ ~ a. Q ~ ~ a cd cn N ~ a c °pES~,mE -°ooo o L ~ ~~~ a~ c~ o>- ~ O O ~ ~ ~ U ~ ~ ~ V Q ~ a ~ ~ j) p Cn N U OL ~ +~' N ~ ~ a ~ ~-~' O ~- N ~ C C4 ~ uj ~ (~ ~ U in CO p N d ~ ~ ~ ~ ~ O ~ ~ O N U U ~ U N C "p0 >O C~ ~ ~ C~ C ~- -p ~ O °' E: E ~ ~ ~ C 7 C p O ~ N~ O ` p „ -• L U G O L O ~ -~ p O O~ O c0 0 0 ~~ ~a _ a~ ~ °~ " c c , ~ a~ ~'-a ro ~ ~ a ~~ ~ ~~ ° ~ C~ g~ ~~ ~ ~. c c~ ~~c~ ~ ~nEa ic~UEoa c a~~~ c a o a> c~ E:"_ u ~~ O~ -O i ~ ~ E N ~ - N a C C .., ° oa L -~ j C~ N ~mc c~-aw UEi~m ~ C U O O O i C ~ •-• Q1 N ~ O N cS3 ~n - c~ O ~ ~ = N ~ ~ C C ~ O O ~ c~ "'' O -O ~ in _~ ~ ~ p N ~ ~ ~ ~ ~ c~ ~ O ~ O O m ~ ~ _~ ~ ~ N ~ ~ N 0 Q ~ ~ ~ ~ -~ LJJ U~ O C~ ~~ ~ N- ~ E V O C in "O U O C p N .-. > O U X U '- ~~ N ~ ~ ~ O O X ~ ~ ~ ~ c O O y E: ~ O ~ 1- C p y ~ Q ~ i ~ ~ U - ~ L ' ~ ~ C ~ ~ O O ~ U m ~ ~ ~ ~ ~ -~ ~ C O U X _ _ 0 ~ y ~ ~ "d ~ D1 ~ L Q -OC ~ U O ~ ~ ~ ~ C ~ ~ U O O O p L ,~+ ~ ~ (II O ~ U c~ ~ ~ C -p Q ~ N O C6 C O ~ ~ O OU E. • p O ~ L o O ~ ~ ~ L ~ >, O c~ i~ C ~ C ~ a> m c LLJ ~ O O O ~ ~ ~ ~ O ~ ~ ~ ~.. cmo .w~- c~.., , LU ~ ,~ ti cn a> ~ o a C'3 ~~ L U~ ca ~ _ ~ ~O ~ cn~~ ~ U ~ . _ O Q ~ ~~-a a~° o ~¢ c N U ~ B,C,D & E 80 . . N N N N N ' a a a a a a a ~ Q ~. 0 0 0 0 0 ~ ~ ~ ~ > > ., 0 0 0 0 0 m m m m m .. m m m U U ~ C ~ ~ "O O C ~ O ~ O O ~ ~ O ~ O ~ ~ ~ p E ~ ~ ~ O ~ ~ ~ O Q ~,~~ ~ C O O m °-o N X 0 0 O ~ ~ ~ ~~U ~ C N (~ ~ ~~~ w ~ ~ `U - O p L U O O ~ ~ > ~ C QN ~ N O to ~ >'d U N ~ C O O ~ O ttf > ~ ~ ~ .' O ~ c~ CO ~ cn ~ O ~ ~ c~ ~ N ~ ~ U ~ O C N O N 7 E O - ~~ O C U n- d "'' O~ > U Q N O- in O p "O C L C C~ -j, ~ ,~ O (0 O a~ L 0 0~ Q O p~ O L ~> 3 C 0_ m~ 01 O .-. -. U~~ Q~ 7 . O O- O y ~ Q ~ O C C ~ O c0 +-' O O ~' ~ O j O O 'a L ~ Q O ~ ~ c0 ~ ~ ~ j ~ ~ U ~ ~ "= " c0 O ..- ~ C p O U~ d. V X ~ O _ p O U O~ J p y ~ O C N - "-' O C~ E: C a p .~ O C O O O p E: N O O~ Q- O C y` O N E: ~ p D p O~ ~ O U .C ~ O a- i ~ ~ Q .. ~ _~ ~ O -O Y U O .. ~ + ~ ~ t0 O U p ~ ~ c~ O - ~ ~ C p C ~~~ p O O .F`. N ~ O .,..,. ~ ~ L O C "a ~ O C ~ N~ ~ O ~ O O ~ ` O N _ X ~ O U _~ O ~ ~ C ~ ~ ~ ~ N Q U ~ C~ L ~ ~ ~ C~ O C i »-- N~ C ' C N i ~ Cl1 Q~~ O_ L O j -O N , .+ C D7 L w p~~ >+ C O S O O ~ C O p "J O ~ cc3 ~ CO N ~ U C to ~ 0 7~> cL ~ O N~ ~ CC ~ U ~ ~ L~ O Q- 3 L aj~ ~ >. .U-. U . cSS a O -O U V ~ p -O C N C Q O ~ U "" ~ C ~ ~ C O N ~ O U ` ~ N L in 'a O ~ i O in L O L _ i- C C O _ ~ .~ O ~ O Q ~ U CTf ~ d ~ ~ C ~ c~ C N U U C O -O C~ ~ O ~ O O .r ~ p O O ~ ~ ~ N . O d 3 ~ ~ ~ a ~ ~ ~ p -O ~ ~ ~ ~ ~ ~ U N ~ Q) ~ ~ ~ C L ~ C ~ C C C ~ ?R3 1- O ~ ~ ~ O p N ~ ~ ~_ E - ` N ~ '-' C p ~ n- 7 O ~ O U ~~ A O ~ VUi ~ i~ 7 O ~ ~ >~ 7 C -O co L N ~~ O E O y (~ ~ O C O C > O ~ L C~ S ~ ~ U = ~ O N c~ Orn-p~ ~UCISQ ~ ~~~°~-a O JU°~~a~~E:°'a ~cnS3-~~EDOC C o. • B,C,D & E 81 • • . ~ N M d' U a U Q c -a c» _°- cif Y o U 0 ~ O O U L U m= U °~ ~ m ~ C C ~ c6 _ ~ U ~ ~ ~ O ~ O • U m m U • O m m ~ m ~~ ~ ~~ C cq O H O ~ O m N~ (~ N cts [ll O U N E E: 7 C .O 0) C U S N (~ Z V C "O Q +_~' ~ ~~ O ~ ow°C~ O ~~~U' ci1~- O~ N ~~ O O Om ~ ~~ ~ O ~ CU~~ _ ~.~ ~ Ca ~ Q~ ~ ~ 7 D t >~ ow m-~ ~w z N O ~ roc ~ QL a-.r c,s o-acn.r ca ~ m ccn H O cts w' ~ y~ O~ Z ~ ~ ~ -C V7 O _ O U O J N L ~ ZT O ~ 7 ~ ~ C ~ ~ .«~ C C Q O O~ O z O N j~~ C ~ m to C~ ~" ~~ O C cif ~ C L S ~ Y~ O O E ~ C cn N ~ ~ E~~ ~ (LS O O N ~ ~ a m D ° ~ ° a~ v ~ ~ ~ ` j "~ - ~ ~ c cn-o a~ mo ~ ° °) m cis m '~ > ~ ~ ~ oc o >, ~ c° ~ ~ ~ O O~ ~ O L ct3 ~ ~ -~ ~ ~ C •- ~ N a C cts C L ~ L "O ~ p C cB 0 ~ O p ~ ~ N m U ~ 7 ~ _ O pf O- ~ _~ ~ ~ ~ ~ m ~ C O ~ ~ ~ ~ N (0 U ~ p C ~ ~ ~ ~ O ~ C j 0 0 C Q C O C O ~ ~ ~ >, E: O ~ >, ~ '- O_ cis coU~_o c o ~= a~-~ o 'Z ~m m~a_c~~ c ~Q cw fl-"= ~ ~^Q vOi ~ c0 ~ ~ ~ cTa 0° ~ cw o ~ ~ o~ o ~~~ ai ~Q°o c c° ~-a ~ 0 o°~t~ o cC p) U N cis ~ U ~ O C C~ N O~~ ~ O ~ U "- pf L O C~ i 7 i~ U~ 7 ~ ~ ~ O L c O _ cSS ~ ~ C (C E O !? ~ ~ ~ O C ~ ~ cn O n -p ~ Q ~ VUi O ~ p N ~ O ~ O ~ N L ~ t~ m L_ ~ ~ O O ~ ~+ > O ~ "j > O , ~_ O N O O U ~ . °mU a ca ~~U~ o Z ~ ~ cn °~ U o EQp E.n °~~ UL ~ c B,C,D & E 82 •~-- . . V ~t Q • • Q Q Q O O O ' U C P ~ U ~ ~ U ~ ~ C y C y C~ i C i C L C p ~ p ~ p U U U • ~ CD d ~ m d N C O >, ~ >, ~ V O~ O "a O ~ O >, O uj N O O c0 C O cn "- "~ f ~ ~ ~ C O p O U ~ "d U N E p~~ C Q 7 C c0 O ~ L fC ~ c~ +-' ~ ~ C -p O 'p .- to U Q O ~ Cn ~ ~ p O C ~ ~ >' N ~ N Q) ~ O Q) O > ~ N N ~ ~ ~ Q ~ ~ O - C ~ O "a ~ ~ X ~ ~ 0 N p 0 0 ~ O cC 'a ~ _ 0~ U 0 0 ~- ~ ~ L ~ "' B O O CO C (~ O 7 U C> 0 ~ C~ >> N N X~ to ~ O p d C O (n O U~ p ~ p p c~ 0 ~ ' X ~ 0 >+ O L ~ ~ o ~ ~ro~ m ~ w ~ ~ ~ ° o ~ °~ ~ a~~ O ~ ~ ~ E m c ~ ~ ~L m > ~ a> a~ m ~~ ~ ~ Y C O ~ O ' O O ~ p O~ N c~ O C E O CP ~ O c0 ~ O ~~ C " ~ ~ O ~ ~ ~ ~ ~ ~ C O O ~ L C~ ~ ~ p O C ~ ~ ~ O _ ~ C ~ C~ CPO 7 CPO C _ ~ O C C O ~ _O' ~ _ ~ ~ L ""~ r ~ c ~ O C • ~ O ~ r m O N ~~ E~ O N O~~ p~ C> -p ~ U~ (n L O O "O O~ N E >, Q p .,`r O C O Q ~ E CAL N~OL p ~ O C NO ~-p~ U •`~ ~"O ~ ~ ^ ~ O -p "' ~ .--~ CP .-" O O ~ O "O O ~ O O .~O.. ~ C L C ' ~ 'D N Q ~ O ~ Q L ~ "p ~ to "O ` ~ ~ ~ p ~ ~ ~ ~ O C O ~ > c ar o ~ ~~ ca ~ ro ~ ro o ~ ~m~ ~ o o ~ Qua o ~ ~o ~ ~ a~ L -, ~ ° c c ~ > u i - a ~ ~ O RS I~ N O O N L O~ O c~ c0 m - L cn ~ ~ - ~-o °-c c O O U c~ CO C~ 0 0 0 L U N r ~ C U ~ !n .C In .~.~ !n ~ lq ~ f~ _ .C C C L C~ C1 U . -~ In a ro ~ U ~ m m ~ ~ a w ~ o ~ O `~ c 0 m o ~ m 0 ° m ' U O ~ ~ O *` U 'p r ~ ~ U N ~ N O O n- ~ C7 U ~c a a> ~ U N a -o ~ o D O L L L ~ C ~ O O C ~ ~ ~ cn ~ ~ U N M d' ~ (D r N C 19 f ~ N Y (Sf ~ O ip ~ ,~r ~' d d. Q O N 0 ~ + ~ ~ ~ - - ta V C E ~ - ~ ~ ~ ~L ~ CL ~ O w~ U O C U ~ U L7 ~ O _ p~ N N ~ m Q U _~ w L m ~ c ~ ~ C O O a cn ~ ~ Q m U ^ C N V o O c C N C U d ~ o ` O ^ U !A G~ 3 b O c LL Z ~ U ~ CA ~ o U j o N a m L O W F- ~ o O U ~ ~ ~ o ~ ~ ~ H O O O ~ Q m U ~ W ° ° C Q) N 0 ^ ~ C O c 01 ~ C N E a~ c °' m a ~ a m ~ - ~, m m C O ~ ° N ~ o o -o m i a~ o ° o ~ O ^ U O (lS C O O O C p C Q ~ ~ 7 E °c~ m m U ~ _ N p w ' U O U C m ~ O E _U o °~ Q. ~ ~ U m m ~ O ^ ^ w 0 0 0 ~ U a U m a w N C O (Q •> d Q N Y U O L U 0 d Y • O B,C,D & E 83 RESOLUTION NO 07-21 • , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY AMENDMENT DRC2006-00447, A REQUEST TO CHANGE THE VICTORIA COMMUNITY PLAN LAND USE DESIGNATION FROM VILLAGE COMMERCIAL TO MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 6 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT OF - APN. 1089-581-01 A. Recitals. 1 Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application Development Review DRC2006-00447 requesting a change to the Victoria Community Plan land use designation, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 23rd day of May 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning • Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Rentals, 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 May 23, 2007, including written and oral staff reports, together with public testimony, this Commission hereby spenfically finds as follows: a The application applies to the property within the City; and b The proposed Victoria Community Plan Amendment will not have a significant impact on the environment; and c The proposed change in the Victoria Community Plan land use designation of the subject site will be consistent with the land use concept and density provisions of the Rancho Cucamonga General Plan. The proposed land use changes will more effectively implement the goals and objectives of the Victoria Community Plan that sought to fulfill the need for housing in a variety of residential types including condominiums The requested land use change and associated tract map to develop market rate condominiums on the site will result m a more effinent use of the subject site that is generally compatible with the existing residential development in the immediate area The land use designation change from commernal to residential will also result in fewer potential land use conflicts between a larger commernal center and adjacent residential uses Finally, the density level of the proposed Medium Residential (8-14 dwelling units/acre) land use designation will provide a natural transition between the Medium-High density (14-24 dwelling units/acre) level of the condominium project to the north and the Low-Medium density level of the single-family development to the east and west of the site B,C,D & E 84 PLANNING COMMISSION RESOLUTION NO 05-40 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. May 23, 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 Victoria Community Plan Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area, and b. The proposed Victoria Community Plan Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements m the vicinity; and c The proposed Victoria Community Plan Amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends that the City Council adopt a Mitigated Negative Declaration based upon the findings as follows • a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental • effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, 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. 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 project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment 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 project 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 project implementation The Planning Commission therefore adopts the Mitigation Monitoring Program for the project 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 City Planner of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. B,C,D & E 85 PLANNING COMMISSION RESOLUTION NO 05-40 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. May 23, 2007 Page 3 5. Based upon the findings and conclusion set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Victoria Community Plan Amendment DRC2006-00447 by adoption of the attached City Council Ordinance, as shown in the attached Exhibit A Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air • Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted m SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occur as a result of hauling Timing may vary depending upon the time of year of construction B,C,D & E 86 PLANNING COMMISSION RESOLUTION NO 05-40 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. May 23, 2007 Page 4 • 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 [RWQCB]) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 7) Chemical soil-stabilizers (approved by SCAOMD and RWOCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their 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. B,C,D & E 87 • PLANNING COMMISSION RESOLUTION NO 05-40 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. May 23, 2007 Page 5 • 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. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RWQCB) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon • the time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes. B,C,D & E 88 PLANNING COMMISSION RESOLUTION NO. 05-40 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. May 23, 2007 • Page 6 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 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum. a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project 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) The developer shall implement the BMPs identified m the Water Quality Management Plan (WQMP) prepared by R T Quinn & Associates, (August 17, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits • 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce B,C,D & E 89 PLANNING COMMISSION RESOLUTION NO 05-40 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES. May 23, 2007 Page 7 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. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit Norse 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates • (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6.30 a m ,including Saturday, or at any time on Sunday or a national holiday 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02 120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Offiaal Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building 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 4) The perimeter block wall shall be constructed as early as possible in • first phase. 5) Haul truck deliveries on weekdays shall not take place between the hours of 8 00 p m. and 6 30 a m including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used B,C,D & E 90 PLANNING COMMISSION RESOLUTION NO 05-40 DRC2006-00447 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 8 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. APPROVED AND ADOPTED THIS 23RD DAY OF MAY 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 23rd day of May 2007, by the following vote-to-wit AYES. COMMISSIONERS: NOES: COMMISSIONERS ABSENT• COMMISSIONERS: • B,C,D & E 91 `s r,~ ~, ~, vv ~ City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Environmental Assessments and Development Review DRC2006-00730 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1 Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project ' 2. A procedure of compliance and verification has been outlined far each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported 3. The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the project The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 B,C,D & E 92 Mitigation Monitoring Program DRC2006-00730 -Environmental Assessments and Development Review 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 speafic phase of development 5 All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the protect planner or responsible City department at the bottom of the MMP Reporting Form 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures The protect planner is responsible for approving any such refinements or additions An MMP Reporting Form will be completed by the protect planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel 7 The protect planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued The protect planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The protect planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented 8 Any conditions (mitigation) that require monitoring after protect completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time 9 In those instances requiring long-term protect monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the protect site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits • B,C,D & E 93 .-. f- Q a N J Q _H Z G N J ~Y W 2 U Z_ O H Z O Z O V • +.• cC U O N a Q~ N N i U m E 0 0 N C co v .Q Q Q cv O a N t4 U G O >+ N ~ U ~ ~ Q O ~ z ~- ~ ~ _ ~ V- ~ V N ~ fa a 5 .. 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U n - • ~ • O • RESOLUTION NO 07-22 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2006-00730, THE DESIGN REVIEW OF 82 CONDOMINIUM UNITS FOR TENTATIVE TRACT MAP SUBTT18212 IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) OF THE VICTORIA COMMUNITY PLAN, LOCATED AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1089-581-01. A. Recitals. 1. Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application for Development Review DRC2006-00730, the design review of 82 condominium units for Tentative Tract Map SUBTT18212, 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 23rd day of May 2007, 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 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 Rentals, 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 May 23, 2007, including written and oral staff reports, this Commission hereby specifically finds as follows a. The application applies to a 6-acre site located on the northeast corner of Base Line Road and San Carmela Road, with a Base Line Road street frontage of approximately 320 feet; and b. The project site is currently zoned Village Commernal and is within the Victoria Community Plan (VCP). The properties surrounding the site are also in the VCP and spenfically identified as single-family residential development to the east and west in the Low-Medium Density Residential District; condominiums to the north in the Medium-High Residential District, and a small Commernal retail center to the immediate south/southeast in the Village Commernal District. Further south across Base Line Road is the Filippi W finery in the High Density Residential District, and c. The applicant has concurrently applied for General Plan and Victoria Community Plan land use amendments to change the current land use designations from Commernal to medium density residential, and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vinnity, • and B,C,D & E 102 PLANNING COMMISSION RESOLUTION NO. 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 2 e. The protect desi n meets or exceeds the Victoria Community Plan development • g standards for setbacks, building separations, and recreational amenities; and f. The design and exterior materials of the condominium units includes the use of high quality plaster (stucco), exposed rafter tails, decorative window surrounds, concrete tale roofing, decorative block walls, wrought iron accents, and metal fencing, thereby, providing 360-degree architectural treatment, a goal of the General Plan 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings of facts set forth m Paragraphs 1 and 2 above, this Commission hereby specifically finds and concludes as follows. a That the proposed protect is consistent with the obtectives of the General Plan, and b. That the proposed design is in accord with the obtectives of the Victoria Community Plan 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 Rancho Cucamonga Development Code, and d. That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially incurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the protect will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigated Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows. a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the 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, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA, and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the protect will have a significant effect on the environment The Planning Commission furtherfinds 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,D & E 103 PLANNING COMMISSION RESOLUTION NO. 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 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 City Planner of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5 Based upon the findings and conclusions set forth 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) This approval is for the site plan, exterior building design, and landscaping for the 82-unit condominium project at the subject site. Plans submitted for plan check shall conform with the plans approved by the Design Review Committee on May 1, 2007, and final Planning Commission approval on May 23, 2007. 2) Final project approval shall be subject to City Council approval of the associated land use amendments of the Rancho Cucamonga General Plan and Victoria Community Plan changing the land use from Commercial to Medium Density Residential 3) All guest parking spaces shall be conspicuously labeled as "Visitor" parking • and made available for visitors to the complex at all times. Sub-leasing, sub-renting, or any other method which results in the reduction of available of visitor parking spaces (28) shall be prohibited 4) No exterior changes to the design of the project, including exterior materials, shall be permitted without prior City review and approval. 5) All applicable conditions of approval for Tentative Tract Map SUBTT18212 shall apply 6) The final design of the following items shall be submitted for final Planning Director review and approval during the plan check phase of the project. a) All decorative metal fences, gates, and/or railings. All decorative exterior metal elements shall have a long lasting powder coat paint finish b) Masonrywalls and/orfencing between condominium units Walls shall be stepped as necessary to comply with field conditions and to comply with wall requirements of the development code No unfinished walls shall be permitted c) Wall- and ground-mounted exterior light fixtures 7) Any stone veneers used on the project (e.g , buildings, perimeter walls, pilasters, etc ), shall be installed in a manner that does not give the appearance of a tack on element. All stone veneers shall be applied and/or extended so that the material terminates at an appropriate point on the structure. No faux river rock shall be permitted. B,C,D & E 104 PLANNING COMMISSION RESOLUTION NO 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 4 8) Tree Removal Permit DRC2007-00081 is hereby approved for the removal of all on-site trees (approximately 49 trees) for the development of the site and to be replaced as part of the approved landscape plan for the project 9) No pedestrian gates with direct access to San Carmela Court shall be permitted with this approval. Pedestrian access shall be provided directly to Base Line Road 10) Access from the project to San Carmela Court shall be for emergency response vehicles/personnel only. 11) The project homeowner associate shall be responsible at all times to maintain and repair (including graffiti removal) all perimeter walls, gates, landscaping, decorative features, and on-site recreation amenities Engineering Department 1) Base Line Road frontage improvements shall be in accordance with City "Mayor Divided Arterial" standards as required and including 11-foot left-turn lane, two, 11-foot thru lanes, a 10-foot thru lane, and a 10-foot combination bike/right-turn lane. a) Provide curb and gutter, curvilinear sidewalk, street trees and street lights, as required b) Provide a bike lane along Base Line Road frontage as required c) Provide traffic striping and signage and R26 signs along Base Line Road frontage, as required. d) Protect existing raised median along the entire Base Line Road frontage with no openings. e) No direct driveways to Base Line Road. 2) San Carmela Court frontage improvements shall be in accordance with City "collector" street standards as required and including a) Provide street trees, as required b) Protect existing curb and gutter, sidewalk, and street lights, or repair as required. c) Access to San Carmela Court to be limited to one main entrance and one emergency access driveway The emergency access shall be 26 feet wide and shall be constructed as a limited access curb per City Standard 105-C. The material to be installed within the City right-of- way shall be reviewed and approved by the Rancho Cucamonga Fire District d) Protect existing traffic striping and signage, including R26 signs, as required. • • • B,C,D & E 105 PLANNING COMMISSION RESOLUTION NO. 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 5 3) Victoria Park Lane frontage improvements shall be in accordance with City 'modified collector' standards as required and including. a) Protect existing curb and gutter, sidewalk, street trees and street lights, or repair as required. b) Protect existing traffic striping and signage, including R26 signs, as required. c) Modify existing landscaping on Victoria Park Lane approaching Atwood Street to comply with the City's "Line-of-Sight" standards. 4) Atwood Street frontage improvements shall be m accordance with City'Local Street' standards as required and including a) Provide sidewalk, street trees and 5800 Lumens HPSV street lights, as required. b) Protect existing curb and gutter, striping and signage, as required. c) Gated entrance to be in accordance with City "Residential Project Gated Entrance Design Guide" standard. 5) Install a traffic signal at the intersection of Base Line Road and San Carmela Court. The developer shall receive credit against and reimbursement of • costs in excess of the Transportation Development Fee in conformance with City Policy. If the developer fails to submit for said reimbursement agreement with 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 6) The development requires installation of fiber optics conduits, vaults and manholes per City Standard Plans 135-137 on Base Line Road. Also the improvement plans need to show the location and limits of the conduits, vaults and manholes with construction notes using Standard Plans 135-137. 7) The developer shall request that the City appropriately process and quitclaim Lot "C" of Tract 16128 prior to final map approval. Said Lot "C" and the adjacent parkway shall be incorporated into the development 8) The Water Quality Management Plan (WQMP) submitted with the tentative map application has been reviewed and found to be substantially complete Include the Best Management Practices (BMPs) identified in the plan on the Grading Plans when submitted for technical plan check 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. B,C,D & E 106 PLANNING COMMISSION RESOLUTION NO. 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 6 • 2) Prior to the issuance of any Grading Permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted m SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion • over extended periods of time • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices • Sweep streets according to a schedule established by the City if silt is carried over to adtacent public thoroughfares or occur as a result of hauling Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements • 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 [RWQCBj) daily to reduce PM10 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 B,C,D & E 107 PLANNING COMMISSION RESOLUTION NO 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 7 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in'use 10) All residential and commercial structures shall be required to incorporate high-effiaency/low-polluting heating, air conditioning, appliances, and water heaters 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will. • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunityforthe 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. B,C,D & E 108 PLANNING COMMISSION RESOLUTION NO. 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 8 Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i e., San Bernardino County Museum). Submit a summary report to the City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum Geology and So-Is 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 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 Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SW PPP) speafically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading This Erosion Control Plan shall include the following measures at a minimum a).Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame B,C,D & E 109 PLANNING COMMISSION RESOLUTION NO 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by R T Quinn & Associates (August 17, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use offertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm • drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit Norse 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments 2) Construction or grading on weekdays shall not take place between the hours • of 8 00 p.m. and 6 30 a m ,including Saturday, or at any time on Sunday or a national holiday B,C,D & E 110 PLANNING COMMISSION RESOLUTION NO 07-22 DEVELOPMENT REVIEW DRC2006-00730 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 10 • 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at other times maybe 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. 4) The perimeter block wall shall be constructed as early as possible in first phase. 5) Haul truck deliveries on weekdays shall not take place between the hours of 8'00 p.m. and 6:30 a.m including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MAY 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 23rd day of May 2007, by the following vote-to-wit. AYES COMMISSIONERS. NOES COMMISSIONERS ABSENT. COMMISSIONERS. • B,C,D & E 111 ~i.~ 1 e t 3 Fr t. ~ ~ it~r J ts. City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Environmental Assessments and Development Review DRC2006-00730 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration fortheahove-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 Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 B,C,D & E 112 Mitigation Monitoring Program DRC2006-00730 -Environmental Assessments and Development Review • 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 speafic 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 Unantiapated 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 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 In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits • B,C,D & E 113 .-. 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O C ~ ~ ~ o Q CJ is ~ ~ a~ c ~ n s _ _ m O O a ~ ~ Q m U ~ c a~ a ~. c 0 v o C N C U ~ ~ O ` ~ U (~ d ~ .: O C ~ a~ ~ U o u. z - d1 L U o a a~ O ro o r E ~ '~ w ~ O1 0 ~ O ~ o o U n O ~ d I- c O O O C G Q O] U A W O N c m a a 0 0 U N o m c C m o ~ c N ~ N E ~ ~ °-' ~ n -o m ~ ~ m o ~ ° ° ~ ~° m N > O ~ O O y ~ N O ~ C a a ` O ~ p c 0 n o ~ E °~ ~, ~ U s N E C w ' ~ U ~ 0 O U ~ ~ ~ 7 0 ~ Q w U m d ~ v i ~ i d o p w O O U ~ U d U m ~ n N 0 a .Q Q N Y U d L U 0 >. N Y L ~ • O • ,;~ ~r ,.~: COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DEVELOPMENT REVIEW DRC2006-00730 SUBJECT: DEVELOPMENT OF 82 MARKET RATE CONDOMINIUM UNITS. APPLICANT: CHARLES JOSEPH ASSOCIATES, ON BEHALF OF BASELINE VICTORIA PARK PARTNERS LLC LOCATION: 6 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT - APN• 1089-581-01 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 appllcant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the Issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, Its agents, officers, or employees, for any Court costs and attorney's fees which the City, Its agents, officers, or employees maybe required by a court to pay as a result of such 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 appllcant of his obligations under this condition 2 Copies of the signed Planning Commission Resolution of Approval No 7-22, 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 3 The applicant shall be required to pay any applicable Fish and Game fees as shown below The project planner will confirm which fees apply to this project All checks are to be made payable to the Clerk of the Board of 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 1-05 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2006-00730StdCond 5-23 doc Completion Date -/-/- -/-/- / / B,C,D & E 122 Project No DRC2006-00730 Completion Date B. Time Limits 1 This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/_/_ • Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval 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. Sit e 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, and the Victoria Community Plan 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 If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with _/_/_ all receptacles shielded from public view 9 Trash receptacle(s) are required and shall meet City standards The final design, locations, and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits 10 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 11 Street names shall be submitted for Planning Director review and approval in accordance with the _/_/_ adopted Street Naming Policy prior to approval of the final map 12 All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination • B,C,D & E 123 Project No DRC2006-00730 13 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering • Departments and the City Attorney They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes 14. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. 15. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and City Engineer approval, including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing 16 Six-foot decorative block walls shall be constructed along the project perimeter If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter 17 Access gates to the rear yards shall be constructed from a material more durable than wood gates Acceptable materials include, but are not limited to, wrought iron and PVC 18. For residential development, return walls and corner side walls shall be decorative masonry 19. Wood fencing shall be treated with stain, paint, or water sealant 20 Where rock cobble is used, it shall be real river rock Other stone veneers may be manufactured products D. Building Design All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of building permits 2 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 E. Parking and Vehicular Access (indicate details on building plans) 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 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 3 Completion Date / / / / -/-/- -/-/- -/-/- / / / / -/-/- / / -/-/- -/-/- / / / / B,C,D & E 124 Project No DRC2006-00730 Completion Date F. G. 4 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards 5 All units shall be provided with garage door openers if driveways are less than 18 feet in depth _/_/_ from back of sidewalk 6. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on _/_/_ this site unless they are the prinapal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas 7 Plans for any security gates shall be submitted for the Planning Director, City Engineer, and _/_/_ Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way 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 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 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 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 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 4 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 5 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, 4 B,C,D & E 125 Project No DRC2006-00730 and trimming Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. • 6 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department 7. 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 8 All walls shall be provided with decorative treatment If located in public maintenance areas, the design shall be coordinated with the Engineering Department H. Signs Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior to occupancy and shall require separate application and approval by the Planning Department prior to issuance of building permits I. Environmental 1 A final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of building permits The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures The building plans will be checked for conformance with the mitigation measures contained in the final report. 2 The applicant shall submit certification from an acoustical engineer that all recommendations of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes 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 mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subject 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) K. General Requirements Submit five complete sets of plans including the following Site/Plot Plan, Foundation Plan and reverse foundation plan (when applicable), • c Floor Plan, Completion Date -/-/. -/-/. / / / / / / / / -/-/. -/-/- B,C,D & E 126 Project No DRC2006-00730 Completion Date d Roof and Floor Framing Pian and reverse Roof and Floor Framing Plan (when applicable), 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 (DRC2006-00730) 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 L. Site Development Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the project file number (DRC2006-00730) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new residential 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 permit issuance 3 Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday through Saturday, with no construction on Sunday or holidays 5 Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter) 6 Submit pool plans to the County of San Bernardino's Environmental Health Services Department for approval 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 Roofing material shall be installed per the manufacturer's "high wind" instructions 4 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505 6 • -/-/- -/-/- -/-/- / / -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- _/_/ -/-/- -/-/- B,C,D & E 127 Project No DRC2006-00730 Completion Date 5 Provide draft stops in attics in line with common walls _/_/_ • 6 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ / 7 Openings in exterior walls shall be protected in accordance with CBC Table 5-A _ _/_ 8 If the area of habitable space above the first floor exceeds 3,000 square feet, then the _/_/_ construction type shall be V-1 Hour minimum 9 Walls and floors separating dwelling units in the same building shall be not less than 1-hour _/_/_ fire-resistive construction 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. 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 O. Additional Requirements/Comments 1 Project shall fully comply with accessibility regwrements of 2001 California Building Code Chapter _/_/_ 11 A 9 Housing Accessibility) APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Dedication and Vehicular Access 1 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from _/_/_ street centerline) As needed total feet on Base Line Road _/_/_ 2 Corner property line cutoffs shall be dedicated per City Standards _/_/_ 3 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 4 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map 5 All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the _/_/_ final map 7 B,C,D & E 128 Protect No DRC2006-00730 Q. 6 Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet measured from the face of curbs 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 A C. Pvmt Side- walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Bike Trail Other Base Llne Road (c) X X X San Carmela Court X X Atwood Street X X X X 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 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 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 Completion Date -/-/- -/-/-. -/-/. _/-/. • -~-~- -/-/. -/-~- -/-~ • 8 B,C,D & E 129 Project No DRC2006-00730 Completion Date • • 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 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. 9 B,C,D & E 130 Project No DRC2006-00730 Completion Date 5 Install street trees per City street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans The City Engineer reserves the right to adjust tree species based upon field conditions and other variables For additional information, contact the Project Engineer Min Grow Street Name Botanical Name Common Name Space Spacing Stze Qty. Base Line Road Magnolia grandiflora NCN 8' 30' O C 15 gal Fill East of Haven "Samuel Sommer" Triangulated in Avenue Foreground Tree P A 8'or Greater P A Less Than 8' or Magnolia grandlflora "St NCN 3' 20' O C 15 gal Fill under power Lrnes Mary" Tnangulated In Background Tree P A Pmus canarlensls Canary Island Pine 8' 25' O C 15 gal Fill 8' or Greater Min in informal, use occasionally behind Magnolias Accent Tree Llgwdambar styracltlua NCN 8' 25' O C 15 gal Fill "Festival" In Victoria Park Lane Rhus lancea African Sumac 5' 20' O C 15 gal Fill Parkway In Parkway Plnus canarlensls Canary Island Pine 8' 25' O C 15 gal Fill rn Atwood Street Magnolia grandiflora "St NCN 3' 25' O C 15 gal Fill Mary" In San Carmela Court "Pmus canarlensls" Canary Island Pine 8' 25' O C 15 gal Ftll rn Construction Notes for Street Trees 1) All street trees are to be planted In accordance with Clty standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the 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 6 Intersection line of sight designs shall be reviewed by the Clty 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 R. Public Maintenance Areas 1 A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first The following landscaped parkways, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District Base Line Road Frontage 2 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 10 / / / / -/-/- _/-/. • C B,C,D & E 131 Project No DRC2006-00730 3 All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City 4 Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Base Line Road S. Drainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first All drainage facilities shall be installed as required by the City Engineer 2 Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas 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 1. Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved 2 Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program The deposit ~s fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED :~ 11 Completion Date -/-/- -/-/- -/-/- / / /_/ / / /_/. -/-~ -/-/. -/-/- B,C,D & E 132 ~.~ ~ gONORI ~ Rancho Cucamonga Fire Protection District g Fire Construction Services STANDARD CONDITIONS September 21, 2006 Vineyards at Victoria Park Place Base Line Rd & Victoria Park MFR & SFR Development SUBTT18212 & DRC2006-00730 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 httg //www.ci rancho-Cucamonga ca us/fire/index htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply • 1. Design guidelines for The Fire Protection water supply must be in accordance to RCFPD Standard 9-8: The following provides design guidelines for the spacing and location of fire hydrants a. The maximum distance between fire hydrants in multi-family residential projects is 400-feet. No portion of the exterior wall shall be located more than 200-feet from an approved fire hydrant For cul-de-sacs, the distance shall not exceed 150-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i At the entrance(s) to a residential project from the public roadways. 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 B,C,D & E 133 FSC-2 Fire Flow The required minimum fire flow for this protect, when automatic fire sprinklers are installed • is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 or 13R with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances 2 The required minimum fire flow for structures located in the designated hazardous fire area shall be not less than 1,750 gpm at 20-psi residual. For structures in excess of 36,000 square feet use CFC Table A-III-A-1. 3. 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 4 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. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system in accordance to RCFPD Standard #9-8 must be obtained prior to submitting the overhead fire sprinkler system plans FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in• Multifamily structures greater than 7,500 square feet 2. Multi-family residential structures in excess of 4 units. 3 When required fire flow cannot be provided due to inadequate volume or pressure 4 When any applicable code or standard requires the structure to be sprinklered FSC-5 Fire Alarm System RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) may require an automatic and/or manual fire alarm system Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code 2 Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6 B,C,D & E 134 FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes Please reference the RCFPD Fire Department Access -Fire Lanes Standard #9-7. 1. Location of Access: All portions of the structures 1St story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2 Specifications for private Fire District access roadways per the RCFPD Standards are. a. The minimum unobstructed width is 26-feet. b The maximum inside turn radius shall be 20-feet c. The minimum outside turn radius shall be 46-feet. d The minimum radius for cul-de-sacs is 45-feet e. The minimum vertical clearance is 14-feet, 6-inches f At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. • g The angle of departure and approach shall not exceed 9-degrees or 20 percent. h The maximum grade of the driving surface shall not exceed 12% Support a minimum load of 70,000 pounds gross vehicle weight (GVW). Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4 Access Walkways• Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1 The following design requirements apply a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval Upon the completion of the installation and before placing the gates m service, inspection and final • acceptance must be requested from FCS b. Gates must slide open horizontally or swing inward B,C,D & E 135 3 c. Gates may be motorized or manual. d When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20 00. f. Motorized gates must open at the rate of one-foot per second g. The motorized gate actuation mechanism must be equipped with a manual override device and 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 i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 6 Fire Lane Identification Red curbing and/or signage shall identify the fire lanes A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7 Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if • applicable, must be reproduced on the architectural plans submitted to B&S for plan review 8. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a This access must be reachable by either fire department ground ladders or by an aerial ladder. b A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access c. The number of ladder points may be required to be increased, depending on the building size and configuration d Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard e Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required f Multiple access ladders may be required for larger buildings g Ladder construction must be in accordance with the RCFPD Roof Access Standard • 9-9 Appendix A and drawings 9-9a and 9-9b. B,C,D & E 136 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. Tents, Canopies and/or Air Supported Structures Liquefied Petroleum Gases 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 1. 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 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 Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review B,C,D & E 137 J 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 m 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 All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access. The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4 Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be • recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers" On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants For the purpose of final acceptance, a licensed sprinkler contractor, 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. B,C,D & E 138 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 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. 6. Access Control Gates• Pnor 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 7. 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. 8. Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. • 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. 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 11 Mapping Site Plan• Prior to the issuance of a Certificate of Occupancy, a 8 '/z" x 11 " or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • B,C,D & E 139 i RESOLUTION NO 07-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT18212, A SUBDIVISION OF°AIRSPACE FOR RESIDENTIAL CONDOMINIUM PURPOSES ON 6 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DW ELLING UNITS PER ACRE), LOCATED AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN. 1089-581-01. A Recitals 1 Charles Joseph Associates, on behalf of Baseline Victoria Park Partners LLC, filed an application for the approval of Tentative Tract Map SUBTT18212, as described in the title of this Resolution Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 23rd day May 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows. 1. This Commission hereby specifically finds that all of the facts set forth 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 May 23, 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 approximately six acres in size and located at the northeast corner of Base Line Road and San Carmela Court , with a street frontage of approximately 482 feet, and b The project site is currently zoned Village Commercial and is within the Victoria Community Plan (VCP) The properties surrounding the site are also in the VCP and specifically identified as single-family residential development to the east and west in the Low-Medium Density Residential District, condominiums to the north in the Medium-High Residential District, and a small commercial retail center to the immediate south/southeast in the Village Commercial District Further south across Base Line Road is the Filippi Winery in the High Density Residential District, and c. The application proposes the subdivision of air space for residential condominium purposes, and d. The application, in conjunction with Development Review DRC2006-00730, proposes the development of 82 residential condominiums for sale, and B,C,D & E 140 PLANNING COMMISSION RESOLUTION NO 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 2 e. The condominium subdivision will allow ownership of individual units and provide a type of housing product for a segment of the residential market, thereby increasing the amount of for-sale condominium units in a region that has been identified to have a housing demand that is greater than the supply; and f The subdivision, together with the recommended conditions of approval, complies with all minimum development standards for the City of Rancho Cucamonga. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a That the Tentative Tract Map is consistent with the General Plan, Development Code, and Victoria Community Plan; and b The design or improvements of the Tentative Tract Map is consistent with the General Plan, Development Code, and Victoria Community Plan; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision will not cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, and e The Tentative Tract Map will not cause serious public health problems; and f The design of the Tentative Tract Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows• a Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the protect would have a significant effect on the environment Based on that determination, a Mitigated Negative Declaration was prepared Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds• (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA, and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration B,C,D & E 141 PLANNING COMMISSION RESOLUTION NO. 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 • Page 3 c The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project 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 project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project 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 City Planner of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5 Based upon the findings and conclusions set forth 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 air space for residential condominium purposes on a 6-acre site located on the northeast corner of Base Line Road and San Carmela Court • 2) All applicable conditions of approval for Development Review DRC2006-00730 shall apply. Engineennq Department 1) Base Line Road frontage improvements shall be in accordance with City "Mayor Divided Arterial" standards as required and including 11-foot left-turn lane, two, 11-foot thru lanes, a 10 foot-thru lane and a 10-foot combination bike lane/right-turn lane. a) Provide curb and gutter, curvilinear sidewalk, street trees and street lights, as required b) Provide a bike lane along Base Line Road frontage as required c) Provide traffic striping and signage and R26 signs along Base Line Road frontage, as required. d) Protect existing raised median along the entire Base Line Road frontage with no openings. e) No direct driveways to Base Line Road. 2) San Carmela Court frontage improvements shall be in accordance with • City "collector" street standards as required and including a) Provide street trees, as required B,C,D & E 142 PLANNING COMMISSION RESOLUTION NO. 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 4 b) Protect existing curb and gutter, sidewalk, and street lights, or repair as required c) Access to San Carmela Court to be limited to one main entrance and one emergency access driveway. The emergency access shall be 26 feet wide and shall be constructed as a limited access curb per City Standard 105-C The material to be installed within the City right-of- way shall be reviewed and approved by the Rancho Cucamonga Fire Distract. d) Protect existing traffic striping and signage, including R26 signs, as required 3) Victoria Park Lane frontage improvements shall be in accordance with City 'modified collector' standards as required and including. a) Protect existing curb and gutter, sidewalk, street trees and street lights, or repair as required. b) Protect existing traffic striping and signage, including R26 signs, as required c) Modify existing landscaping on Victoria Park Lane approaching Atwood Street to comply with the City's "Line-of-Sight" standards. 4) Atwood Street frontage improvements shall be in accordance with City 'Local Street' standards as required and including: a) Provide sidewalk, street trees and 5800 Lumens HPSV street lights, as required. b) Protect existing curb and gutter, striping and signage, as required c) Gated entrance to be in accordance with City "Residential Project Gated Entrance Design Guide" standard 5) Install a traffic signal at the intersection of Base Line Road and San Carmela Court The developer shall receive credit against and reimbursement of costs in excess of the Transportation Development Fee in conformance with City Policy. If the developer fails to submit for said reimbursement agreement with 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 6) The development requires installation of fiber optics conduits, vaults and manholes per City Standard Plans 135-137 on Base Line Road. Also the improvement plans need to show the location and limits of the conduits, vaults and manholes with construction notes using Standard Plans 135-137 7) The developer shall request that the City appropriately process and quitclaim Lot "C" of Tract 16128 prior to final map approval Said Lot • • .7 B,C,D & E 143 PLANNING COMMISSION RESOLUTION NO 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 • Page 5 "C" and the adjacent parkway shall be incorporated into the development. 8) The Water Quality Management Plan (WQMP) submitted with the tentative map application has been reviewed and found to be substantially complete. Include the Best Management Practices (BMPs) identified in the plan on the Grading Plans when submitted for technical plan check. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions• • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed • excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices B,C,D & E 144 PLANNING COMMISSION RESOLUTION NO 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 6 • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occur as a result of hauling. Timing may vary depending upon the time of year of construction Suspend grading operations during high winds (i e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage B,C,D & E 145 PLANNING COMMISSION RESOLUTION NO 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 7 • 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 • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i e ,San Bernardino County Museum) • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RW QCB) 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 PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction B,C,D & E 146 PLANNING COMMISSION RESOLUTION NO 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 8 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 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a 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 the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by R T Quinn & Associates, (August 17, 2006) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth Plans for these areas, • including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits B,C,D & E 147 PLANNING COMMISSION RESOLUTION NO. 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 9 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WOMP, including a project description and identifying 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. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e , a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Norse 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building • plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Impact Analysis prepared by LSA Associates (August 2006), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Construction or grading on weekdays shall not take place between the hours of 8.00 p.m. and 6 30 a.m ,including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official If noise levels exceed the above standards, then construction activities shall be reduced m intensity to a level of compliance with above noise standards or halted 4) The perimeter block wall shall be constructed as early as possible in first phase. B,C,D & E 148 PLANNING COMMISSION RESOLUTION NO 07-23 TENTATIVE TRACT MAP SUBTT18212 -CHARLES JOSEPH ASSOCIATES May 23, 2007 Page 10 • 5) Haul truck deliveries on weekdays shall not take place between the hours of 8.00 p.m. and 6.30 a m including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a Noise Mitigation Plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings 6. The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 23RD DAY OF MAY 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 23rd day of May 2007, by the following vote-to-wit• AYES' COMMISSIONERS NOES. COMMISSIONERS• ABSENT COMMISSIONERS: • B,C,D & E 149 ,~-h~i is ~.~._ =~.: =~;='' ,r ~~A',z "~ ~.-r t* City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Environmental Assessments and Development Review DRC2006-00730 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration fortheabove-listed protect This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessaryto ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the protect 2. A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported • 3 The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the protect. The protect planner, assigned by the Planning Director, shall coordinate enforcement of the MMP The protect planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported All monitoring and reporting documentation will be kept in the protect file with the department having the original authority for processing the protect Reports will be available from the City upon request at the following address City of Rancho Cucamonga -Lead Agency Planning Department • 10500 Civic Center Drive Rancho Cucamonga, CA 91730 B,C,D & E 150 Mitigation Monitoring Program DRC2006-00730 -Environmental Assessments and Development Review 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 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 project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits • B,C,D & E 151 • Q a 0 H N J Q H Z H • J Y W y U C~ _Z O H Z O Z 0 Q C~ G • vi cC ca O U iC U C cC v .Q Q Q N N N t6 n: Q~ L V C O .p N ~ U Q.. 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L L L L L d ~ > ~ _ R N C7 V to CD ~ C c6 d ~_ y m ~ o a ~ r - = a Q o n O a i ~ ~ ~ C.1 O N ~ U d E L O a ~ D N C Y U (n 4~ O C ~ N N o Q U G ~ a~ c ro ~ c L m i a d O O n- ~ ~ Q [~ U D C a ~, c 0 V o C O C U O ~ O ` O ~ p U y C i N ` o ~ (j LL Z ~ G1 L U o a o~ o o W f- ~ i O L o o U o .o ~ a` ~ c O o_ O ~ Q CO U D w m N c m a~ 0 `o U N O aoi C C O) N ~ ~ m E ~ c °' m a ~ m ~ ~ m N ~ ~ O O N a. O Q U O (B C a ~ ~ ~ N ,U ~ O C Q C O ~ O o E m c ~ ~ U ~ N o c w ~ L U = U ro ~ _~ ~ _ o °' Q. ~ d U m d u. d Q p w 0 0 0 ~ U d U m ~ w N C O f4 Q N Y U N L U O Y • ~ • O a7 • COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE TRACT MAP SUBTT18212 SUBJECT: TRACT MAP FOR DEVELOPMENT OF 82 MARKET RATE CONDOMINIUM UNITS APPLICANT: CHARLES JOSEPH ASSOCIATES, ON BEHALF OF BASE LINE VICTORIA PARK PARTNERS LLC LOCATION: 6 ACRES OF LAND AT THE NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA COURT - APN 1089-581-01. 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 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 07-23, 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 3 The applicant shall be required to pay any applicable Fish and Game fees as shown below The project planner will confirm which fees apply to this project All checks are to be made payable to the Clerk of the Board of 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 Completion Date -/-/- -/-/- _/_/ I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTT18212StdCond 5-23 doc B,C,D & E 160 Project No SUBTT18212 Completion Date B. Time Limits This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 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, and the Victoria Community Plan 2 Prior to any use of the protect site or business actwity 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 If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view 9 Trash receptacle(s) are required and shall meet City standards The final design, locations, and the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits 10 Alf 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 11 Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map 12 All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination ~-/- / / /_/_ / / / / / / / / --- -/-/- -/-/- / / / / / / / / /_/ • B,C,D & E 161 Project No SUBTT18212 Completion Date 13 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/_ Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 14 All parkways, open areas, and landscaping shall be permanently maintained by the property _/_/_ owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits 15 The developer shall submit a construction access plan and schedule for the development of all _/_/_ lots for Planning Director and City Engineer approval, including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 16 Six-foot decorative block walls shall be constructed along the project perimeter If a double wall _/_/_ condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter 17. Access gates to the rear yards shall be constructed from a material more durable than wood _/_/_ gates Acceptable materials include, but are not limited to, wrought iron and PVC. 18 For residential development, return walls and corner side walls shall be decorative masonry. _/_/_ 19 Wood fencing shall be treated with stain, paint, or water sealant _/_/_ • 20. Where rock cobble is used, it shall be real river rock Other stone veneers may be manufactured _/_/_ products D. Bui lding Design 1 All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, _/_/_ detailing and increased delineation of surface treatment subject to Planning Director review and approval prior to issuance of building permits 2 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 E. Par king and Vehicular Access (indicate details on building plans) 1 All parking spaces shall be 9 feet wide by 18 feet long When a side of any parking space abuts _/_/_ a 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 3 B,C,D & E 162 Project No SUBTT18212 Completion Date F. G. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards 5 All units shall be provided with garage door openers if driveways are less than 18 feet in depth _/_/_ from back of sidewalk 6 The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on _/_/_ this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas 7 Plans for any security gates shall be submitted for the Planning Director, City Engineer, and _/_/_ Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way 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 requred 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 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 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. 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 4 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 5 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, 4 B,C,D & E 163 Project No SUBTT18212 Completion Date and trimming Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage i 6 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department 7 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 8 All walls shall be provided with decorative treatment If located in public maintenance areas, the design shall be coordinated with the Engineering Department H. Signs Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior to occupancy and shall require separate application and approval by the Planning Department prior to issuance of building permits 1. Environmental A final acoustical report shall be submitted for Planning Director review and approval prior to the issuance of building permits The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures The building plans will be checked for conformance with the mitigation measures contained in the final report 2 The applicant shall submit certification from an acoustical engineer that all recommendations of • the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Building & Safety Department prior to final occupancy release of the affected homes. 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 mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subject 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) K. General Requirements Submit five complete sets of plans including the following• a Site/Plot Plan, Foundation Plan and reverse foundation plan (when applicable), c Floor Plan, 5 -/-/- / / / / -/-/- -/-/- _/_/ / / -/-/. B,C,D & E 164 Protect No SUB'T-i'18212 Completion Date d Roof and Floor Framing Plan and reverse Roof and Floor Framing Plan (when applicable), 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 (SUBTT18212) clearly identified on the outside of all plans 2 energy conservation calculations, and a soils report Submit two sets of structural calculations / / , 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 /_/_ . _ L. 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 (SUBTT18212) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new residential 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 permit issuance 3 Street addresses shall be provided by the Building and Safety Official after tract/parcel map / / _ _ _ recordation and prior to issuance of building permits 4 Construction activity shall not occur between the hours of 8.00 p m and 6 30 a m Monday / / through Saturday, with no construction on Sunday or holidays _ _ _ 5 Construct trash enclosure(s) per City Standard (available at the Planning Department's public / / _ _ _ counter) 6 Submit pool plans to the County of San Bernardino's Environmental Health Services Department _/_/_ for approval 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 Roofing material shall be installed per the manufacturer's "high wind" instructions _/_/_ 4 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505 6 • • B,C,D & E 165 Project No SUBTT18212 Completion Date 5 Provide draft stops in attics in line with common walls _/_/_ • 6 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 7 Openings in exterior walls shall be protected in accordance with CBC Table 5-A _/_/_ 8 If the area of habitable space above the first floor exceeds 3,000 square feet, then the _/_/_ construction type shall be V-1 Hour minimum 9 Walls and floors separating dwelling units in the same building shall be not less than 1-hour _/_/_ fire-resistive construction 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 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 perm its 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 O. Additional Requirements/Comments 1 Project shall fully comply with accessibility requirements of 2001 California Budding Code Chapter _/_/_ 11A 9 Housing Accessibility) APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: P. Dedication and Vehicular Access 1 Dedication shall be made of the following rights-of-way on the perimeter streets (measured from _/_/_ street centerline) As needed total feet on Base Line Road / / 2 Corner property line cutoffs shall be dedicated per City Standards _/_/_ 3 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 4 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map 5 All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the _/_/_ • final map 7 B,C,D & E 166 Project No SUBTT18212 Completion Date Q. 6 Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City 7 Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet measured from the face of curbs Street Improvements 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 condltlons 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 Trail Other Base Line Road (c) X X X San Carmela Court X X Atwood Street X X X X 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 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 Clty Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first b Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along mayor or secondary streets and at intersections for future traffic signals and interconnect wiring Puli 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 / / -/-/- • / / / / / / / / / / / / • 8 B,C,D & E 167 Project No SUBTT18212 Completion Date 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 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 • • 9 B,C,D & E 168 Protect No SUBTT18212 Completion Date Install street trees per City street tree design guidelines and standards as follows The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans Street Improvement plans shall include a line item within the construction legend stating "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1) " Where public landscape plans are required, tree Installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables For additional Information, contact the Protect Engineer Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Base Lme Road Magnolia grandiflora NCN 8' 30' O C 15 Fill East of Haven "Samuel Sommer" Triangulated gal in Avenue Foreground Tree P A 8'or Greater P A Less Than 8' or Magnolia grandiflora "St NCN 3' 20' O C 15 Fill under power Lines Mary" Triangulated gal in Background Tree P A Pinus canariensis Canary Island Pine 8' 25' O C Min 15 Fill 8' or Greater informal, use gal in occasionally behind Magnolias Accent Tree Liqu~dambar styraciflua NCN 8' 25' O C 15 Fill "Festival" gal in Victoria Park Lane Rhus lancea African Sumac 5' 20' O C 15 Fili Parkway gal in Parkway Pinus canariensis Canary Island Pine 8' 25' O C 15 Fill gal rn Atwood Street Magnolia grandiflora "St NCN 3' 25' O C 15 Fill Mary" gal in San Carmela Court "Pinus canariensis" Canary Island Pine 8' 25' O C 15 Fill gal m 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 backfill soil amendments, as determined by the City inspector 3) Ali street trees are subject to inspection and acceptance by the Engineering Department 4) Street trees are to be planted per public improvement plans only R 6 Intersection fine 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 Public Maintenance Areas A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first The following landscaped parkways, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District Base Line Road Frontage 2 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 10 -/-/- -/-/- / / / / • • • B,C,D & E 169 Project No SUBTT18212 Completion Date 3 All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City • 4 Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Base Line Road S. Drainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first Ail drainage facilities shall be installed as required by the City Engineer 2 Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas 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 W ater 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 • protects 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 1 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved 2 Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition protect APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • 11 / / -/-/- / / / / / / / / / / -/-/. / / / / B,C,D & E 170 x,. ~ ~ ~ Rancho Cucamonga Fire Protection District gONOR ~ /. '~ r '- Fire Construction Services STANDARD CONDITIONS September 21, 2006 Vineyards at Victoria Park Place Base Line Rd & Victoria Park MFR & SFR Development SUBTT18212 & DRC2006-00730 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-cucamonaa ca us/fire/index.htm under the Fire Safety Division & Fire Construction Services section Search by article, the preceding number of the standard refers to the article Chose the appropriate article number then a drop down menu will appear, select the corresponding standard FSC-1 Public and Private Water Supply 1. Design guidelines for The Fire Protection water supply must be in accordance to RCFPD Standard 9-8: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in multi-family residential projects is 400-feet No portion of the exterior wall shall be located more than 200-feet from an approved fire hydrant For cul-de-sacs, the distance shall not exceed 150-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: i. At the entrance(s) to a residential project from the public roadways. ii At intersections iii. On the right side of the street, whenever practical and possible. iv. As required by the Fire Safety Division to meet operational needs of the Fire District v A minimum of forty-feet (40') from any building c If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required • fire flow shall be provided d Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. B,C,D & E 171 FSC-2 Fire Flow 1. The required minimum fire flow for this protect, when automatic fire sprinklers are installed • is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 or 13R with central station monitoring. This requirement is made m accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. The required minimum fire flow for structures located in the designated hazardous fire area shall be not less than 1,750 gpm at 20-psi residual. For structures in excess of 36,000 square feet use CFC Table A-III-A-1. 3 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. 4. 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. 5 On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system in accordance to RCFPD Standard #9-8 must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: Multifamily structures greater than 7,500 square feet 2 Multi-family residential structures in excess of 4 units 3 When required fire flow cannot be provided due to inadequate volume or pressure. 4 When any applicable code or standard requires the structure to be sprinklered FSC-5 Fire Alarm System RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) may require an automatic and/or manual fire alarm system Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a • building permit must be obtained Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6 B,C,D & E 172 FSC-6 Fire District Site Access • Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access -Fire Lanes Standard #9-7. 1 Location of Access: All portions of the structures 1St story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building Landscaped areas, unpaved changes m elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c The minimum outside turn radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. e The minimum vertical clearance is 14-feet, 6-inches. f At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side • g The angle of departure and approach shall not exceed 9-degrees or 20 percent h. The maximum grade of the driving surface shall not exceed 12%. 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 in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. 4. Access Walkways Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings 5 Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #9-1 The following design requirements apply. a Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b Gates must slide open horizontally or swing inward B,C,D & E 173 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 commeraal, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road a This access must be reachable by either fire department ground ladders or by an aerial ladder b A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access c. The number of ladder points may be required to be increased, depending on the building size and configuration d Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings g. Ladder construction must be in accordance with the RCFPD Roof Access Standard 9-9 Appendix A and drawings 9-9a and 9-9b. B,C,D & E 174 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 Tents, Canopies and/or Air Supported Structures Liquefied Petroleum Gases 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 1. 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. 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 m general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to • the issuance of any building permits: 1 Private Water Supply (Fire) Systems The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review B,C,D & E 175 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 All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3 Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7 All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road 4. Fire Flow. A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services 5. Easements and Reciprocal Agreements: All easements and agreements must be • recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 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 B,C,D & E 176 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 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. 6. 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. 7. 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 8 Address: Prior to the granting of occupancy, single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry. • 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks mmulti-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. 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. 11. Mapping Site Plan Prior to the issuance of a Certificate of Occupancy, a 8 '/z" x 11 " or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • B,C,D & E 177 i • • -~. ; _~~Y , :, ~`~x. 1 T H E_ C I T Y O_F ... - _.- L .~~.tl.~d.:._~~ _ _ .._.._~~-..~ ~' .._.. ass .... .. RANCHO C U C A M O N G A Staff Report DATE. May 23, 2007 TO. Chairman and Members of the Planning Commission FROM' James R. Troyer, AICP, Planning Director BY: Pei-Ming Chou, Associate Planner SUBJECT: TIME EXTENSION FOR ENVIRONMENTAL IMPACT REPORT AND TENTATIVE TRACT MAP SUBTT16072 - RICHLAND PINHURST INC - A request for a time extension for a previously approved tentative tract map to subdivide 150.79 acres into 359 lots in the Low (2-4 dwelling units per acre) and Very Low (0.1-2 dwelling units per acre) Residential Districts, with an average density of 2.3 dwelling units per acre for the entire protect, m the upper Etiwanda Neighborhood of the Etiwanda North Specific Plan, located at the northwest corner of Wilson Avenue and East Avenue - APN• 0225-083-01, 12, 13, 15, 16 and 20. Related files• Development Agreement DRC2002-0156, Annexation DRC2002-00865, and Tree Removal Permit DRC2003-00461 Staff has found the protect to be within the scope of the protect covered by a prior Environmental Impact Report certified by City Council on June 16, 2004, by Resolution 04-204 and does not raise or create new environmental impacts not already considered in the Environmental Impact Report Request for continuance. BACKGROUND. Because of an error in the advertisement of the public hearing, this item must be continued to the June 13, 2007, Planning Commission hearing RECOMMENDATION• Staff recommends that the Planning Commission continue the 1-year time extension for Tentative Tract Map SUBTT16072 to the June 13, 2007, Planning Commission hearing. espectfully submitted, ~~ James R. Troyer, AICP Planning Director JRT PC/rlc ITEM F --. ts= i ~~:4a ~~ ~~~ . ~-~ ~. T H E C I T Y O F er,~^a-rr.~a+-n~~'~~+€~ ~^~ 7ss'R--4' ~~•y.~^~,n~"'~~.a„a^_ ,,~„~,^ ~.-,-n.~~~,.-..~ b11~......~.,.~.?~.«,^s " i~<C3r`s~::~^,t~'f3".,?s,..F-,t,._~...a~~ _ dE_.'€ .~ °.'''i.:m ~~.~+c~ .:4~..s ~.,.%.~fr u~~~S`~. RANCHO C U C A M O N G A Sfiaff Report DATE: May 23, 2007 TO: Chairman and Members of the Planning Commission FROM. James R. Troyer, AICP, Planning Director BY• Mike Smith, Associate Planner SUBJECT' TENTATIVE PARCEL MAP SUBTPM18543 - DANJON ENGINEERING: A request to subdivide Building 2 on Parcel 2 of an existing industrial office/warehouse complex of about 7.27 acres, into four condominium units (The office/warehouse complex consists of 10 parcels; only Parcel 2 is subject to this request) in the General Industrial (GI) District, Subarea 5, located at 9850 6th Street; APN. 0209-211-52. Related files: Tentative Parcel Map SUBTPM16445 and Development Review DRC2003-01185. This action is categorically exempt per California Environmental Quality Act Guidelines Section 15301(k) Existing Facilities. BACKGROUND: The subject building is Building 2 on Parcel 2 of Tentative Parcel Map SUBTPM16445. The subject building is part of an office/industrial complex that was reviewed and approved by the Planning Commission on March 23, 2005, (Development Review DRC2003-01185). The associated parcel map was reviewed and approved on May 25, 2005, (related file: Tentative Parcel Map SUBTPM16445) PROJECT AND SITE DESCRIPTION: A Surroundmg Land Use and Zonina' North - Industrial building/vacant land, General Industrial (GI) District (Subarea 5) South - Industrial buildings, General Industrial (GI) District (Subarea 5) East - Recycling facility, General Industrial (GI) District (Subarea 5) West - Industrial buildings; General Industrial (GI) District (Subarea 4) B. General Plan Designations: Project Site -General Industrial North - Generallndustrial South - Generallndustrial • East - Generallndustrial West - Generallndustrial ITEM G PLANNING COMMISSION STAFF REPORT SUBTPM18543 - DANJON ENGINEERING May 23, 2007 Page 2 C Site Characteristics: The office/industrial complex is generally square m shape with its southwest quadrant removed and resembles an upside-down "L." It is about 615 feet deep (north to south) by 665 feet wide (east to west) with an area of about 7.27 acres. Construction of the 11 office/industrial buildings and the associated improvements were recently completed With the exception of Building 2, all of the buildings have had a final inspection by the Planning Department. ANALYSIS' A. General: The applicant proposes to subdivide Building 2 on Parcel 2 into 4 condominium units. The subJect building is about 14,300 square feet in floor area while Parcel 2 is about 38,300 square feet (about 0.88 acre) in area The application only affects Parcel 2; the other parcels will remain unchanged. There will be no physical changes on the project site or to the buildings. Staff has determined that the proposal is consistent with the City development standards and the requirements B. Review Committees: Staff has determined that since no changes in grading, architecture, or other physical attributes of the project are proposed, review by the Grading, Design, and Technical Committees is not necessary. • C. Environmental Assessment• This action is categorically exempt per California Environmental Quality Act Guidelines Section 15301 (k) Existing Facilities because the proposal contemplates only the subdivision of interior space within an existing building located within an existing office/industrial complex CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and the notices were mailed to all the property owners within a 660-foot radius of the project site. No comments have been received. RECOMMENDATION: Staff recommends approval through adoption of the attached Resolution with the Conditions. Res ctfully submitted, R- Jam R Troyer, AICP Planning Director JRT/MS rlc Attachments: Exhibit A - Location Map Exhibit B - Aerial Photo Exhibit C - Site Plan/Tentative Parcel Map SUBTPM16445 Exhibit D - Site Plan/Tentative Parcel Map SUBTPM18543 Exhibit E - Building 2 Floor Plan Exhibit F - Building 2 Elevations Exhibit G - Planning Commission Staff Report, March 23, 2005 (report only) Exhibit H - Planning Commission Staff Report, May 25, 2005 (report only) Draft Resolution of Approval for Tentative Parcel Map SUBTPM18543 G-2 L~ D ~ GE G~] ~ ~ ~~ EY~ ~1-~~- ¢ ~LJU.J~L~IUU ~~~~~ DxANGE51 i GE ~ ~~~® 6~~ tSOIAESLSET DH ~ P I~ ~I'I .~'~ JU~~ t ~ U ~ bD~ 3 ~ ~ e~ ARo ~~~ __~ ---BERYL PARK rr.. 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I 1 J UIJ ~'d07m6 9Ml5/x3 ~ I m.n ~~/ sr. w. ~ V ~ ~Ses ~ ~~ Q Q ~x U w m~ B [. 3 O W$o ~ W Z ; ~o N ~ W O ¢ ~- ~ Z ~~ ~ J .m G ~ n ~ ~Z~W2 U /y ~ 'Q Q w~a~ ~m_7o d Sa n z ~ z o'^ NF~/. ~ IL 7 Q 4 V Q m ~F~¢ O ~ a n 9 ~ JZN Qag~~ a -~ --- c9[.~g ~0~2W ~ ~ E 4 d ~ ~ ~ ~ ~+ g d i n ~?o~ V m ~ a zoo ~ u/ c Q.' ° a° L l~ ~ ~~~~ O p66p fl ~CR N o Z L ~'"m ! f t~8: Z Una W N ~ Ia1 - W m F= ~ fi 4 Z z _ a ____ 3 h LL r 4 a ~ YY a 3 4 ^$y~r i~$~ Z EXHIBIT C I11 ~~ I I I ~v wa I v~ ~ ~ I ~m 5 <o I i ~o ^I a III o. ~, I III j l _~1 - -' mV I W< ~< I I vr. sb I-I j io d° I~ l ~--------~ f^ ~~ --- ~-- -----) I I III I I I I I I I I I o ~D III wt ~ (~ { (,) r ¢p I I t° a'~ I ~ I a I Ilj ~-- ~--~ L___ ___J I ~.-___.~ I I ~V i Wa I r-~ I I I T VH ~ I I I I U~ ¢u~ ~ o I I ~ I I I I I I ~~ a' a ~ P ' I ~ ~ ' -- , I v ,_ _ ~ _ "-G' , - jr-- ~ I----N~ -~ ~ W a I ~- C ¢wl I cWJim ~ ~~~ j I <o I I a - ~~ _ _ ~_ 9~ - 9 W / ^ `V L v N i LL a U a.'+ J 1. I I 11 11 II 1 1 I 1 ~ fs -- ~ e ~~ b ~ // ~ ~~ tl /~ _-j~ ~ ~ Is ~ ~~ ~ ~- ~~ s ~~ ~g m ~ ~ ~ ~ ~ ~ d=~ ~~ ~ o lid. 3 _~~ c9 $~ rn ~_~ a ~_8~ v ~8~~ G-5 i 1 I I 1 I CONDOMINIUM PLAN PARCEL MAP N0.16445 PARCEL N0.2 PARCEL MAP DEPICTION X00' ~ ~ , s~•. W 4 40 N89'48'03"E 3613' N89'48'03"E 131 75' 3128' PARCEL 2 ' " N88'47 25 E ~ ' r 51 2 ~- 'n ~ ~ N N ~ UNIT 1 ~° ~ ~ N ~ ~ ~ ~ F- 3 ~ ~ a o UNIT 2 0 .- °o , ,~ N N ~ Q Z W O Z Z O W Z ~ UNIT 3 ~ w j~ ' ~ o Q Q a %r7n~ Q ~ Q ~ ~ ~~ UNIT 4 z N g , ~ M ~ U ~ ~° _ ~ ~ a ~ o ~ ° ~ P M 1 6445 N00' 17'0 ' 1 "E ~ ~n 39 27 ~ ~cNV N89'42'59"W 148 07' m~ ~~ I ~ zrn ~ ~ - ~ _ - _ - _ _ - - N89'42'59"W 2661 05' ~ SIXTH STREET NOTE REFER TO PARCEL MAP 16445 RECORDED IN BOOK PAGES THROUGH , INCLUSIVE OF PARCEL MAPS FOR MONUMENTATION AND EXISTING EASEMENTS DIMENSIONS SHOWN HEREON ARE FROM THE - - 9UILDING TO THE EXHIBIT D G-6 • • -; `I o - ;-- -- ~ _ ~ I_ --- -- - I; ~, IA ., -- - - -- .,, ~;; ~;, ~ --- ,o :: --- N rt o ..._ O __. K _ .. - ~- O tcO F~. ~~ ~ y > ~ p W ~ p ~ Y W ~ w 3Q ___ . __. __.~ __ "'.. __ J ~ ~ QU y j ~ QW Wh I' ' W I i ~ on U 3y 4 o U ~w U .r H - n ,.. a ~ .. ~ N p a ~ 4 ~ y ~ a r a p a EXHIBIT E G-7 ~~ o ~; o N ~~`^ ~ oC ~ a O ~ ~ Z W J Q U W ~ U o W O V _~ ZJ Q Z O W ~ W Z w ~ z z 0 w ~ °¢ ~~ • 3 5 ,~ • e 0 Z 0 W W 0 N Z 0 i EXHIBIT F ~;~ ° ~_ ;v i~, W W h W N Z 2 0 m 0 e W W W ti Z 0 G-8 o . e ~ ~- .a : i a _! ,G~:t ~ ~':E .: i Ea ~~ r s r r r~ ;~ id _ ~ ~ 's "s g; "r : a e a fs .g s c > eo ~ ~o O~OOOOO~OvO ~R 5` Ei ~~~ ~84. Q W J Q U U LtJ 0 ^^~. L.J.. 0 e W W ti 2 Z a J _Q ~~ dd J Z J J H W W F- C~ 1 1 i ICJ N Q Z Q 7 J Q Z _~ Q z ~1.~ z Z W 0 Q ' ;~~;~ ~ • T H E C I T Y O F RANCHO C U C A M O N G A Stiff Report DATE: March 23, 2005 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Mike Smith, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16445 -MARK CAPELLINO - A request to subdivide a 7.27 acre parcel into 11 parcels in the General Industrial District (Subarea 5), located at 9850 6th Street - APN: 0209-211-19. Related Files: Development Review DRC2003-01185 and Tree Removal Permit DRC2004-00804. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-01185 -MARK CAPELLINO: 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 -APN: 0209-211-19. Related Files: Tentative Parcel Map SUBTPM16445 and Tree Removal Permit DRC2004-00804. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zonin4: North -Industrial Building /vacant land; General Industrial (GI) District, Subarea 5 South - Industrial Buildings; General Industrial (GI) District, Subarea 5 East -Recycling Facility; General Industrial (GI) District, Subarea 5 West -Industrial Buildings General Industrial (GI) District, Subarea 4 B. General Plan Designations: Project Site - General Industrial North - Generallndustrial South - Generallndustrial East - Generallndustrial West - Generallndustrial • EXHIBIT G G-9 PLANNING COMMISSION STAFF REPORT SUBTPM16445 AND DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 2 C. Site Characteristics: The project site is a vacant parcel that is generally square in shape with its southwest quadrant removed and resembles an upside-down "L." It is about 665 feet wide (east-west) by 615 feet deep (north-south). The project site is bound on all sides by industrial development. To the north some of the properties are vacant. The properties to the north, south, and east are zoned General Industrial (GI) District, Subarea 5; the properties to the west are zoned General Industrial (GI) District, Subarea 4. The subject property is generally level with no significant slopes. Vegetation on the site is limited to low grass, and at the south side of the site there is a grouping of eight trees and miscellaneous shrubs. A north-south rail line spur is aligned along the east perimeter of the project site. Industrial related traffic is primarily served by 6th Street, which is classified a secondary road (Exhibit E). D. Parking Calculations: Number of Number of Square Parking Spaces Spaces Tvge of Use Footage Ratio Required Provided Building 1 14,141 Office 3,316 1 /250 13 Warehouse 10,825 1/1000 11 Total 24 24 Building 2 6,933 Office 4,270 1 /250 17 Warehouse 2,663 1/1000 3 Total '20 19 Building 3 10,159 Office 2,250 1 /250 9 Warehouse 7,909 1/1000 8 Total 17 19 Building 4 7,423 Office 4,270 1 /250 17 Warehouse 3,153 1/1000 3 Total 20 21 Building 5 7,392 Office 1,752 1 /250 7 Warehouse 5,640 1/1000 6 Total 13 14 • • • G-10 PLANNING COMMISSION STAFF REPORT SUBTPM16445 AND DRC2003-01185 -MARK CAPELLINO March 23, 2005 • Page 3 Building 6 6,427 Office 1,865 1 /250 7 Warehouse 4,562 1/1000 5 Total 12 14 Building 7 10,669 Office 2, 796 1 /250 11 Warehouse 7,873 1 /1000 8 Total * 19 15 Building 8 6,761 Office 1,569 1 /250 6 Warehouse 5,192 1 /1000 5 Total 11 12 Building 9 10,971 Office 2,060 1 /250 8 Warehouse 8,911 1/1000 9 Total 17 24 Building 10 21,317 Office 5,020 1 /250 20 • Warehouse 16,297 1 /1000 16 Total 36 36 Building 11 24,fi50 Office 4,840 1 /250 19 Warehouse 19,810 1/1000 20 Total 39 39 Total (ALL) 228 237 "Shared parking, access, and maintenance have been incorporated into the Resolution of Approval. ANALYSIS: A. General: The applicant proposes to subdivide the property into 11 parcels ranging in size between 16,255 square feet (Parcel 6) and 51,996 square feet (Parcel 1), and construct a building on each parcel. Note that Buildings 2 and 4; 3 and 5; 6 and 8; and 7 and 9 will be separated only by their respective walls (no apparent space between them); therefore, the site will appear to have only seven buildings (Exhibit D). All of the buildings will be constructed of concrete tilt-up panels. Key architectural elements and features include a form-lined concrete band on all elevations, extensive spandreUvision glass at the office • G-11 PLANNING COMMISSION STAFF REPORT SUBTPM16445 AND DRC2003-01185 -MARK CAPELLINO March 23, 2005 Page 4 comers and along the wall planes adjacent to primary building entrances, cornices, and articulated towers and parapets. Although architecturally similar, each building will incorporate different design attributes that favor specific types of tenants. The design and layout of Buildings 2, 4, 6, 8, and 9 are relatively small, with the exception of the roll-up doors, and will most likely be occupied by office tenants. The other remaining buildings are larger and have truck-loading docks incorporated into their design. Additionally, as required by Section 17.30 of the Development Code, regarding rail service, because Buildings 1, 3, and 5 are situated along the existing rail line, their design incorporates knock-out panels for potential future rail service, via a rail spur constructed by others. The site has two access points (one primary and one emergency) from 6th Street. Truck parking and loading areas are located out-of-view from the public right-of-way. These areas will be screened by walls and gates or by the building themselves. Employee/visitor parking will be located throughout the site. A. Design Review Committee: The Design Review Committee (Fletcher, Stewart, Coleman) reviewed the project on November 2, 2004. At that time, several architectural and landscape design issues were raised that the Committee indicated must be corrected (Exhibit I). The applicant revised the proposal, as requested, and resubmitted the plans for afollow-up review on February 1, 2005. The Committee recommended approval of these revisions (Exhibit J). B. Grading and Technical Review Committees: The Grading Review Committee reviewed • -the project on November 2, 2004. Because of a technical deficiency, the project was not approved. However, the applicant was able to resolve the problem, and at the Grading Review Committee on February 1, 2005, the project was subsequently approved. The Grading Review Committee recommended that the project be forvvarded to the Planning Commission for review and action. Technical comments were provided to the applicant and have been incorporated into the Resolution of Approval. C. Environmental Assessment: The Initial Study was completed, and staff determined that, with Mitigation Measures there would not be a significant adverse impact on the environment as a result of this project. In the short-term, there will be construction related air quality and noise impacts. Long-term impacts include the removal or relocation of the existing trees (related file: Tree Removal Permit DRC2004-00804) and minor changes in drainage and hydrology. The loss of the trees that cannot be relocated will be mitigated by the proposed landscaping throughout the site, which includes eight trees of various species. Additional mitigation measures will minimize the impact of the changes in the on-site drainage and hydrology. Staff recommends issuance of a Mitigated Negative Declaration. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. • G-12 PLANNING COMMISSION STAFF REPORT SUBTPM16445 AND DRC2003-01 1 85 -MARK CAPELLINO • March 23, 2005 Page 5 RECOMMENDATION: Staff recommends approval through adoption of the attached Resolution with Conditions, and issuance of a Mitigated Negative Declaration. Respectfully submitted, Brad B er City Planner BB:MS/ge Attachments: Exhibit "A" - Location Map Exhibit "B" - Aerial Photo Exhibit "C" - Site Utilization Map Exhibit "D" - Tentative Parcel Map Exhibit "E" - Site Plan Exhibit "F" - Grading and Cross-Sections Exhibit "G" - Building Elevations and Floor Plans Exhibit "H" - Landscape Plan Exhibit "I" - Design Review Committee Action Minutes, November 2, 2004 Exhibit "J" - Design Review Committee Action Minutes, February 1, 2005 • Exhibit "K" - Initial Study Draft Resolution of Approval for Tentative Parcel Map SUBTPM16445 Draft Resolution of Approval for Development Review DRC2003-01185 G-13 ~/ T H E C I T Y O F RANCHO CUCAMONGA Stiff Report DATE: May 25, 2005 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, Clty Planner BY: Mike Smith, Assistant Planner ~ ~' SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16445 -MARK CAPELLINO - A request to subdivide a 7.27 acre parcel into 10 parcels, with Parcel 2 for Condominium purposes, in the General Industrial Distract (Subarea 5), located at 9850 6th Street - APN: 0209-211-19. Related Files: Development Review DRC2003-01185 and Tree Removal Permit • DRC2004-00804. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. BACKGROUND: This application was reviewed, along with related Development Review DRC2003-01185, on March 23, 2005. During the public hearing, the applicant, Mark Capellino, indicated that the proposed parcel map submitted by his engineer erroneously showed a subdivision of the existing property into 11 parcels. Mr. Capellino stated that the parcel map should be for a subdivision into 10 parcels and include the statement, "for Condominium purposes on Parcel 2." The item was continued to April 27, 2005, in order for Mr. Capellino to provide the revised tentative parcel map information and to allow the Environmental Assessment for the application to be re-circulated for review and possible comment. The item was continued for a second time to May 25, 2005, because he did not have this information in time for staffs review. PROJECT AND SITE DESCRIPTION A. Surrounding Land Use and Zoning: North - Industrial building/vacant land; General Industrial (GI) District (Subarea 5) South - Industrial buildings; General Industrial (GI) District (Subarea 5) East - Recycling facility; General Industrial (GI) District (Subarea 5) West - Industrial buildings; General Industrial (GI) District (Subarea 4) EXHIBIT H G-14 PLANNING COMMISSION STAFF REPORT SUBTPM16445 -MARK CAPELLINO May 25, 2005 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 vacant parcel of about 7.27 acres in the General Industrial (GI) District (Subarea 5). The parcel is generally square in shape with its southwest quadrant removed and resembles an upside-down "L." It is about 665 feet wide (east to west) by 615 feet deep (north to south). In general, the project site is bound on all sides by industrial development. Some of the properties to the north are vacant. The properties to the north, south, and east are zoned General Industrial (GI) District (Subarea 5); and the properties to the west are zoned General Industrial (GI) District (Subarea 4). The subject property is generally level with no significant slopes. Vegetation on the site is limited to low grass and, at the south side of the site, a grouping of eight trees and miscellaneous shrubs. A north to south rail line spur is aligned along the east perimeter of the project site. Industrial related traffic is primarily served by 6th Street, which is classified a secondary road.. ANALYSIS: General: The applicant proposes to subdivide the property into 10 parcels ranging in size between 16,255 square feet (Parcel 6) and 51,996 square feet (Parcel 1). The revision • of the Tentative Parcel Map, as noted above, only significantly affects Parcels 2 and 4 of the original version of the map (Exhibit E). The revision "eliminates" the proposed lot line that separated them and, as a result, also re-numbers all of the proposed parcels (Exhibit D). The overall project that was approved on March 23, 2005, including the site layout, the plotting of the buildings, and architecture, will not be affected by these revisions. Shared access, parking, and maintenance easements will be incorporated in the parcel map. A. Design Review Committee: The Design Review Committee (Fletcher, Stewart, Coleman) reviewed the overall project on November 2, 2004. At that time, several architectural and landscape design issues were raised that the Committee indicated must be corrected. The applicant revised the proposal, as requested, and resubmitted the plans for afollow- up review on February 1, 2005. The Committee recommended approval of these revisions. Note that the revisions to the parcel map will not cause changes in the design aspects of the project. 6 Grading and Technical Review Committees: The Grading Review Committee reviewed the project on November 2, 2004. Because of a technical deficiency, the project was not approved. However, the applicant was able to resolve the problem, and at the Grading Review Committee on February 1, 2005, the project was subsequently approved. The Grading Review Committee recommended that the project be forwarded to the Planning Commission for review and action. Technical comments were provided to the applicant and have been incorporated into the Resolution of Approval. Note that the revisions to the parcel map will not cause changes in the grading or the technical aspects of the project. • G-15 PLANNING COMMISSION STAFF REPORT SUBTPM16445 -MARK CAPELLINO May 25, 2005 • Page 3 C. Environmental Assessment: The original Initial Study was completed and staff determined that, with Mitigation Measures, there would not be a significant adverse impact on the environment as a result of this project. Although none of the described changes substantially affect the environmental assessment that was completed for this project, as the description of the project changed, the Initial Study was re-circulated (Exhibit H). No additional comments or concerns were received. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. No comments have been received. RECOMMENDATION: Staff recommends approval through adoption of the attached Resolution with Conditions, and issuance of a Mitigated Negative Declaration Respectfully submitted, Brad er City Planner • BB.MS1ma Attachments: Exhibit "A" -Location Map Exhibit "B" -Aerial Photo Exhibit "C" -Site Utilization Map Exhibit "D" -Tentative Parcel Map 16445 (revised) Exhibit "E" -Tentative Parcel Map 16445 (original) Exhibit "F" -Planning Commission Staff Report dated April 27, 2005 Exhibit "G" -Planning Commission Staff Report dated March 23, 2005 Exhibit "H" -Initial Study Parts I and II Draft Resolution of Approval for Tentative Parcel Map SUBTPM16445 • G-16 j-~ COMMUNITY DEVELOPMENT :~ - -~ ~- DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE PARCEL MAP SUBTPM18543 SUBJECT: TENTATIVE PARCEL MAP -FOUR CONDOMINIUM UNITS APPLICANT: DANJON ENGINEERING LOCATION: 9850 6TH STREET: PARCEL 2 OF PARCEL MAP SUBTPM16445 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date • 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 appllcant 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 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 07-24, 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 Ilcensed Engineer/Architect 3 The applicant shall be required to pay any applicable Fish and Game fees as shown below The _/_/_ project planner well confirm which fees apply to this project All checks are to be made payable to the Clerk of the Board of 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 X c) Negative Declaration - $ 1,850 d) Environmental Impact Report - $2,550 • I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTPM18543STDCOND 5-23 doc G-17 Project No SUBTPM18543 Completion Date B. Time Limits 1 This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and theDevelopment 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 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 5 All building numbers and individual units shall be identified In a clear and concise manner, including proper illumination • 6 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Owners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the Issuance of building permits, whichever occurs first A recorded copy shall be provided to the City Engineer All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTPM18543STDCOND 5-23 doc -~-~- -~-~- -~-~- -~-~- -~-~- / / -~-~- -~-~- G-18 • RESOLUTION NO. 07-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM18543, A REQUEST TO SUBDIVIDE BUILDING 2 ON PARCEL 2 OF AN EXISTING INDUSTRIAL OFFICE/WAREHOUSE COMPLEX OF ABOUT 7 27 ACRES, INTO FOUR CONDOMINIUM UNITS (THE OFFICE/WAREHOUSE COMPLEX CONSISTS OF 10 PARCELS, ONLY PARCEL 2 IS SUBJECT TO THIS REQUEST) IN THE GENERAL INDUSTRIAL (GI) DISTRICT, SUBAREA 5, LOCATED AT 9850 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-211-52. A Recitals. 1. Danton Engineering, on behalf of Mark Capellino, filed an application for the approval of Tentative Parcel Map SUBTPM18543, as described in the title of this Resolution. Hereinafter in this Resolution, the subtect Tentative Parcel Map request is referred to as "the application." 2. On the 23rd day of May 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. • 3 All legal prerequisites prior to the adoption of this Resolution have occurred. B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1. This Commission hereby specifically finds that all of the facts set forth 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 May 23, 2007, including written and oral staff reports, together with public testimony, this Commission hereby speafically finds as follows. a The application applies to Building 2 of Parcel 2 of a 10-parcel office/industrial complex in the General Industrial (GI) District, (Subarea 5), located on the north side of 6th Street, about 950 feet east of Archibald Avenue, and b. The office/industrial complex related file Development Review DRC2003-01 X85 was previously reviewed and approved by the Planning Commission on March 23, 2005, and the parcel map related file. Tentative Parcel Map SUBTPM16445 was reviewed and approved on May 25, 2007, and c The application proposes the subdivision of Building 2 on Parcel 2 of Parcel Map SUBTPM16445 into four (4) condominium units, and d. No physical changes to the protect site or the buildings are proposed; and G-19 PLANNING COMMISSION RESOLUTION NO. 07-24 SUBTPM18543 - DANJON ENGINEERING May 23, 2007 Page 2 e. Parcel 2 has a street frontage along 6th Street of about 148 feet with an overall width of about 167 feet and an overall depth of 234 feet, and f in relation to the office/industrial complex, the properties to the south, east, and west are fully improved with industrial/office development, and the properties to the north are partially developed with industrial development (the remainder are vacant); and g In relation to the office/industrial complex, the properties to the north, south, and east are zoned General Industrial (GI) District, (Subarea 5), and the properties to the west are zoned General Industrial (GI) District, Subarea 4, and h. The subdivision, together with the recommended conditions of approval, meets development standards for the City of Rancho Cucamonga. 3 Based upon the substantial evidence presented to this Commission during the above referenced public 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 Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans, and • b. The design or improvements of the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and • c The site is physically suitable for the type of development proposed; and d The design of the subdivision is not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat; and e. The Tentative Parcel Map is not likely to cause serious public health problems, and f The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision 4 The Planning Department Staff has determined that the protect is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (k) Existing Facilities because the proposal contemplates only the subdivision of interior space within an existing building located within an existing office/industrial complex In addition, there is no substantial evidence that the protect may have a significant effect on the environment The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent tudgment, concurs in the staff's determination of exemption Planning Department 1) Approval is for the subdivision of Building 2 on Parcel 2 of parcel map SUBTPM16445 into four (4) condominium units G -20 PLANNING COMMISSION RESOLUTION NO 07-24 SUBTPM18543 - DANJON ENGINEERING May 23, 2007 . Page 3 2) Shared access, parking, and maintenance shall be incorporated in the project Covenants, Conditions, and Restrictions (CC&Rs) 3) Prior to the modification of the boundaries of a unit on the condominium plan; the applicant shall submit the proposal to the City for review and approval prior to approval of any tenant improvements related to that modification 4) Any increase in the number of condominium units shall require the submittal of a revised parcel map application for review and approval by the Planning Commission and the City Council. 5) The minimum floor area of each condominium unit shall be 250 square feet 6) Each condominium unit shall have direct access to common areas and facilities such as lobbies, restrooms, elevators, and stairways 7) Interior improvements including, but not limited to, construction or relocation of demising walls that separate condominium units, and the revisions to the location, size, or layout of common areas and the facilities such as lobbies, restrooms, elevators, stairways, etc. shall • require review and approval by the City to ensure compliance with all conditions of approval and applicable building and fire safety/prevention codes and regulations. Engineerinq Department 1) Prepare or amend existing CC&R's as needed, to explain how maintenance responsibilities will be shared between the newly created parcels and the remaining existing parcels of Parcel Map 16445. Address the shared 6thStreet access, maintenance and surface drainage agreements with other properties and the shared maintenance responsibilities for common areas and for Public right-of- way landscaping Provide a completed copy to City Engineering prior to submitting final map for City Council Approval. a) Maintenance of BMP's identified in the WOMP shall be addressed in the project CC&R's. 5 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 23RD DAY OF MAY 2007 • G -21 PLANNING COMMISSION RESOLUTION NO. 07-24 SUBTPM18543 - DANJON ENGINEERING May 23, 2007 Page 4 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 23rd day of May 2007, by the following vote-to-wit. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT. COMMISSIONERS • G-22 ~--~_ c,{ ( A~ J s ~~~- _~~z T H E C I T Y O F RANCHO C C C A M O N G A Stiff Report DATE May 23, 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 SUBTPM18649 - PANATTONI DEVELOPMENT COMPANY, LLC - A request to subdivide Building Don Parcel 4 of a recently completed commeraal/office center of about 5 3 acres into 8 condominium units (the office/commercial complex consists of 4 parcels but only Parcel 4 is subtect to this request) in the Industrial Park District, Subarea 7, located at the southwest corner of Foothill Boulevard and Milliken Avenue, APN 0229-011-98 Staff has found the project to be within the scope of a previously adopted Mitigated Negative Declaration and Mitigation Monitoring Program adopted by the Planning Commission on April 28, 1999, and June 28, 2000, respectively, and a Negative Declaration adopted by the Planning Commission on February 13, 2002 This project does not raise or create new environmental impacts not already considered in the previous Negative Declarations Related Files. DR99-11, DRCDR99-11 MOD, SUBTPM15630, SUBTPM18649, DRC2004-01125, and DRC2005-00764. BACKGROUND The subject building is Building D on Parcel 4 of Tentative Parcel Map SUBTPM17426. The subject building is part of an office/commercial complex that was reviewed and approved by the Planning Commission on August 24, 2005, (Development Review DRC2004-01125) and January 11, 2006, (Conditional Use Permit DRC2005-00764) The associated parcel map was reviewed and approved on March 8, 2006, (related file Tentative Parcel Map SUBTPM17426) PROJECT AND SITE DESCRIPTION A Surrounding Land Use and Zoning North - Vacant -Community Commercial (CC) District, Terra Vista Community Plan South - Industrial warehouses -Industrial Park (IP) District, Subarea 7 East - Commercial center -Industrial Park (IP) District, Subarea 7 West - Vacant -Industrial Park (IP) District, Subarea 7 ITEM H PLANNING COMMISSION STAFF REPORT SUBTPM18649 - PANATONNI DEVELOPMENT COMPANY, LLC May 23, 2007 Page 2 B General Plan Designations. Protect Site -Industrial Park North - Mixed Use South - Industrial Park East - Industrial Park West - Industrial Park C Site Characteristics• The office/commercial complex is generally rectangular in shape with its primary axis aligned north to south. It is about 630 feet deep (north to south) by 390 feet wide (east to west) with an area of about 5 31 acres. Construction of 3 office/commercial buildings and the associated improvements was recently completed. With the exception of Building D, all of the buildings have had a final inspection by the Planning Department. Construction of a fourth building (by another developer), a restaurant located at the northeast corner of the site, is in progress. ANALYSIS A General The applicant proposes to subdivide Building D on Parcel 4 into 8 condominium units The subtect building is two stories with a combined floor of about 28,700 square feet while Parcel 4 is about 89,700 square feet (about 2 06 acre) in area. The application only affects Parcel 4; the other parcels will remain unchanged There will be no physical changes on the protect site or to the buildings Staff has determined that the proposal is consistent with the City development standards and the requirements. B Review Committees• Staff has determined that since no changes in grading, architecture, or other physical attributes of the protect are proposed, review by the Grading, Design, and Technical Committees is not necessary. C. Environmental Assessment. The 5.31-acre site is within the Master Planned Rancho Cucamonga Corporate Park, a 140-acre commeraal and industrial complex generally located between Foothill Boulevard and Arrow Route on both sides of Milliken Avenue The design of the protect is in compliance with the approved Master Plan (Development Review DRC99-11 and Development Review Modification DRC99-11 MOD). A Mitigated Negative Declaration was adopted for the original Master Plan in April of 1999. Subsequently, in June of 2000, a Mitigation Monitoring Program was adopted by the Planning Commission, and, in February of 2002, a Negative Declaration was adopted for modification to the original Master Plan (DRC99-11 MOD) and the corresponding parcel map for this site (SUBTPM15630) The protect will be required to implement all pertinent mitigation measures adopted in the previous Negative Declarations, thereby ensuring that any potential impacts of the protect will remain less than significant Staff is of the opinion that no further environmental review is necessary because the protect is (1) consistent with the approved master plan and (2) within the protect scope of the above-cited prior Environmental Assessments CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and the notices were mailed to all the property owners within a 660-foot radius of the protect site. No comments have been received H-2 PLANNING COMMISSION STAFF REPORT SUBTPM18649 - PANATONNI DEVELOPMENT COMPANY, LLC May 23, 2007 • Page 3 RECOMMENDATION: Staff recommends approval through adoption of the attached Resolution with the Conditions. Respectfully subJ~mitted, `` Ja s R Troyer, AICP Planning Director JRT/MS rlc Attachments Exhibit A -Location Map Exhibit B -Aerial Photo Exhibit C -Site Plan/Tentative Parcel Map SUBTPM17426 Exhibit D -Site Plan/Tentative Parcel Map SUBTPM18649 Exhibit E -Planning Commission Staff Report, August 24, 2005 (report only) Exhibit F -Planning Commission Staff Report, March 8, 2006 (report only) Draft Resolution of Approval for Tentative Parcel Map SUBTPM18649 • • H-3 u U O w 1919~ff IllE ~ t~~ o ~ ~ ~' ~~~ - "°t'~ ~ ~' PROJECT SITE ~!~~'~:`~ ~ ~ ~ ~ ~ ~ °~ ° ~~ i ~ar~~ ~ r rm d ~ i e ! ^ Y.M.C.A. `.jJQ~ t :;a~`Y~Y:':1' N`"`~lXA. 111°glMWaYC ' ~~'~R~~~ taKaaaaro Stetlon 2 '~. 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PANATTO N I' ~~,~„ ,_d Footh i I I Gateway Fo oth 111 d Mllllk en Rancho Cucemonp~ H-7 CONDOM/N/UM PLAN SHEET 9 OF 22 PARCEL 4, PARCEL MAP NO. 17426 BOUNDARY MAP N8070'1_1_E_ _ i (RAD) _S8679_5_1_"W (RAD) i ~, O ..Y I ~1i ~~ S8739 28 "W 4 5 ~ ' 7 ~ (RAD) ~ ,,°o o _58572 53 EJ ~ ~ ,~ (RAD) - SDO 00'00 E r ~31 00' I ~1 ~~ N057 l 59 "w _ N00 ~0 0~ (RAD) 44 64 .'~ ,,°o ~ o ° p O ~ Z ".~ ~ti ', EXHIBIT D MILLIKEN A1/ENUE 50'_19__"w S84 43 53 "W (RAD) ,~ ;(RAD) ----- O ~ i N90 00 00 E' ~ c j 39 24' S' SIDEWALK, ~ TREE AND /NC/DENTAL PURPOSES EASEMENT o CONTROL ~ON7ROL PO/NT ~1 N80 :35 54 E (RAD) ----, ~ _~. _ ~~r' i ~~ I I I I 3~ e CONTROL 1 PD/NT ~'3 CONTROL PO/NT ,~4 CONTROL. PD/NT ,~'S = I o p r~ o~~ ~~ i ~\ I h I ~ I ~ ' ~ ~~'~ ~_~ ~, 10~~ LEtiEZ ONE OUTL/NE ~ o "~, SEE SHEET NO 10 , p I L~Gf~LZ4TA O DEL TA RAD/US LENGTH TANG~'lVT ~ 900 00" 30 00' 4712' 30 00' 2 057159" 30 00' 2 72' 136' 3 0179 ;36 " 2475 00' S7 31 ' 28 66' ~f 1329'58" 7157' 16 86' 8 47' 5 14 76 56" 97 57' 24 61 ' 12 37' 6 04 46 59 " 2480 00' 207 03' 103 57' 7 00:39 00" 2480 00' 2814' 14 07' B 02 53 24 " 2480 00' 125 21 ' 62 62' 9 0174 24 " 2480 00' S3 68' 26 84' I I I I , ~ i o ~ ~ I , N I I I I I I r N 0 0 0 I I I SDO t70 00 "W I I REC/PROCAL OR/VFWAY--r-- 60 DO' EASEMENT ; ~ I , 3 I I /NGRESS AND ~ ~ p ~ EGRESS EASEMENT p b ' 30 b0' o~, ~ 15 00t_I 15 00' I I I I I I I j I , N0031:37"W I I 182 98' SCALE 1 "=50~ -R COl1/DOM/l1//UM PLAN PARCEL 1, PARCEL MAP NO. 18649 LEIiEL ONE BOUNDARY CONTROL POVNT / 1 ~ LJIEDATA 21 '~ ;COMMON 4 AREA o ;;~ ~~~ ~~~ ,,,~, s 18 91 0 1 19 16 1 ~, ~ , ~ 59 L'.vl' 69 COMMON AREA 3 2 1 N U _( ,,t, . " .~ F ~ ' - - - - - COArTROr SHEET 1 OF 2 ~~ ~~v~ 4 464 4 40 PANT ~3 41 4 coNTRaY I POVNT /~ z.. W v U 6 s Z 9 4 p 4 4 ~~ 0 6 0 -9l 49 4 0 /Q 81 51 - - - - - - - - - - - L'ONTR PO/NT 4 • r: r H-9 CONDOM/N/UM PL,4N SHEET 2 OF 2 PARCEL 1, PARCEL MAP NO. 18649 LEIiEL TWO BOUNDARY coNTROc POYNT / 1 4 L/IEDATA „'' ° 21 COMMON p cavc p tavc 4 'AREA ' ss 6 1 2 06' 51 4 17' 15 O~ 2 0 52' 52 50 46' 1 ~ av 3 8 00' 53 4 17' 14 9 p~ 4 4 0 52' 54 3 77' 18 91 9 5 6 83' 55 0 52' 1 6 CONTROL 6 217' 56 B 00' 0 PO/NT 7 51 90' 57 0 52' 0 / 2 8 9 4B' 58 2 06 1 19 31 9 20 53' 59 /6 07' 10 1 4B' 60 13 B3' 16 11 5190' 61 8 05 15 12 217' 62 23 71 ' 13 6 83' 63 5 46' 14 O 52' 64 6 50' 1 t 15 B 00' 65 10 38' t 6 O 52' 66 7 94' 17 2 06' 67 8 27' 18 2 06' 68 B 27' 71 19 0 52' 69 3 00' 20 B 00' 70 10 19' 9 ' 21 0 52' 71 3 43' 2 3 77' 72 23 68' ~ 0 23 4 1T 73 8 19' 10 '~ , 6 24 50 46' 74 14 44' ~ ~ „ i ' ~ " J 25 41T 75 1313' g " ~ 69~~~~ ! - 26 3 7T 76 12 35' COMMON AREA ; , 27 0 52' 77 39 BO' 8 S ~ ,~~ 66 28 BOO' 78 639' ~~~~ ~ ~~. ~ ,; ,.%'%%~; g 29 0 52' 79 14 OB' % i % 'i ' ~ ' '! % 6 i' iii 6 30 2 06' 80 1 89' 31 2 06' 81 5 25' 60 r 32 O 52' 82 2 56' 6 6 33 B 00' 83 15 06' 34 0 52' 84 5 52' 35 6 B3' 85 4 27' 36 2 17' 86 45 44' 37 75 40' 87 6 41 ' 38 B 00' 88 14 10' 39 O 39 48 94' 89 1 71' 7 C~ 40 217' 90 5 23' t II 41 6 83' 91 2 56' ~ 42 0 52' 92 5 56' 43 8 00' 93 10 44' 32 ~ 44 0 52' 94 13 77' 4 U 45 2 06' 6 1 4 ~ CONTROL (~ 46 2 06' 4 PO/NT 47 0 52' S 46 41 ~ 3 48 8 00' 4 4 49 0 52' 3 6 ~ 9 50 3 77' ~ W OFj, 4 4 ~ Q; 80 0 ~~ U O~ Q' 8 49 4 5 Z ,K.~ n 6 CONTROL CGtN7ROL `""" _ PO/NT / 5 PO/NT 4 H10 St~f'R~eport DATE August 24, 2005 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner BY Mike Smith, Assistant Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2004-01125 - PANATTONI DEVELOPMENT COMPANY, LLC - A request to construct a commercial and office complex comprised of three buildings with a combined floor area of 42,221 square feet, plus a fourth building of 7,200 square feet to be developed by others, on a vacant parcel of 5 31 acres m the Industrial Park District, Subarea 7, located at the southwest corner of Foothill Boulevard and Milliken Avenue - APN 0229-011-69 and 0208-961-05 Staff has found the protect to be within the scope of a previously adopted • Mitigated Negative Declaration and Mitigation Monitoring Program adopted by the Planning Commission on April 28, 1999, and June 28, 2000, respectively, and a Negative Declaration adopted by the Planning Commission on February 13, 2002 This protect does not raise or create new environmental impacts not already considered in the previous Negative Declarations Related Files DR99-11, DRCDR99-11 MOD, and Tentative Parcel Map SUBTPM15630 PROJECT AND SITE DESCRIPTION A Surroundm g Land Use and Zoning North - Vacant -Community Commercial (CC) District, Terra Vista Community Plan South - Industrial warehouses -Industrial Park (IP) District, Subarea 7 East - Commercial center -Industrial Park (IP) District, Subarea 7 West - Vacant -Industrial Park (IP) District, Subarea 7 B General Plan Designations Protect Site - Industrial Park North - Mixed Use South - Industrial Park East - industrial Park West - Industrial Park C Site Characteristics The protect site is a vacant parcel of about 5 31 acres m the industrial Park District, Subarea 7 The parcel is generally rectangular in shape with its primary axis aligned north to south The protect site is bound to the south by an industrial warehouse, to the east is a commercial center that includes, among other uses, Lowes Home Improvement and Islands Restaurant, the property to the north and the matority of the properties to the west are vacant EXHIBIT E .,, PLANNING COMMISSION STAFF REPORT DRC2004-01125 - PANATTONI DEVELOPMENT COMPANY, LLC August 24, 2005 • Page 2 The properties to the south, east, and west are zoned Industrial Park District, Subarea 7, the properties to the north are zoned Community Commercial District, Terra Vista Community Pian The subtect property is generally level with no significant slope Vegetation on the site is limited to low grass A north/south rail line spur terminates at the southwest corner of the protect site Foothill Boulevard and Milliken Avenue are both classified as Mator Divided Arterials ANALYSIS A General The applicant proposes to develop the property with three buildings of 8,852 square feet (Building A), 4,977 square feet (Building B), and about 29,000 square feet (Building D) According to the applicant, Building B will be occupied by Washington Mutual Bank. No tenants have been specified for Building A or D However, based on the parking calculations, retail stores and a fast food restaurant wdl occupy Building A, while in Building D there will be an equal mix of administrative, professional, and medical offices A fourth building that will be located at the northeast corner of the site, Building Pad C, will be submitted by others at a later date for Planning Commission review and action, the applicant anticipates that this bwlding will be a traditional restaurant Building A will be amulti-tenant, one-story structure, while Building B will be a drive-thru bank Both buildings will be of wood frame construction Architectural features on these buildings include prominent tower elements at primary entrances, parapets, trellises over the drive-thru lane at the bank and pedestrian areas in Building A, and extensive use of cultured stone veneer Building D will be a two-story structure constructed of concrete tilt-up panels This building will have extensive wall plane articulation and tower elements on all elevations Also, there will be generous use of glass and cultured stone veneer The site will have one point of access via Foothill Boulevard and another two via Milliken Avenue Employee and customer parking will be located throughout the site B Parking Calculations Number of Number of Spaces Spaces Square Parking Required Required Type of Use Footage Ratio (Option A) (Option B) Building A 8,852 Retail 6,052 1/250 24 24 Fast Food 2 800 1/75 37 37 Restaurant , Total 61 61 Building B 4,977 Bank 4,977 1/200 20 20 Total 20 20 Building C 7,200 Restaurant 6 000 1/100 60 same (<6,000 sq ft) , Restaurant 1 200 1/55 22 same (>6,000 sq ft)) , Total 82 same H12 PLANNING COMMISSION STAFF REPORT DRC2004-01125 - PANATTONf DEVELOPMENT COMPANY, LLC August 24, 2005 Page 3 Number of Number of Spaces Spaces Square Parking Required Required Type of Use Footage Ratio (Option A) (Option B) Building D* 29,414/28,741 Professional Office 14,707/14,370 1/250 59 58 Medical/Dental 14,707/14,370 1/200 74 72 Total 133 130 Total Required 296 293 Total Provided 301 293 `The difference in the floor area and parking required for Bwlding D is the result of the different versions of the building's location on the site as discussed below Note Shared parking, access, and maintenance have been incorporated into the Resolution of Approval C Desian Review Committee The Design Review Committee (Fletcher, Coleman) reviewed the project on July 5, 2005 At that time, several architectural and site design issues were raised that the Committee indicated must be corrected (Exhibit I) The applicant revised the proposal as requested and resubmitted the plans for afollow-up review on July 19, 2005 Although the architectural concerns were addressed to the satisfaction of the Committee, remaining to be resolved is the plotting of Building D The applicant's preference is to have the building located in the south-center portion of the subject site with its mayor wall plane parallel with Foothill Boulevard, described as Option A (Exhibit C) The Committee, based on staff's analysis, recommended that this significant budding should be located closer to Milliken Avenue with its mayor (long) axis parallel with the street (Option B, Exhibit D) The applicants prefer Option A because it will allows greater visibility of Building A and the parking lot as seen from Milliken Avenue Located as they prefer, Building D's primary entrance will face Foothill Boulevard Aiso, they state that Building D will 'screen' the industrial buildings to the south Staff and the Design Review Committee believe that Option B is superior, placing Building D closer to the street reduces the dominance of the parking lot, thereby focusing attention on the budding itself and improving the street scene (the majority of this block between Foothill Boulevard and Arrow Route is lined with parking lots The floor plan of Building D has been designed with a single public entrance into a common foyer Shifting the building to the setback along Milliken Avenue will face this main entry toward the parking and eliminate the need for employees to walk all the way around the building to enter the building Also, situating Building D as shown, is consistent with fhe City's design policy of providing a strong relationship between office buildings and the street as seen elsewhere along Milliken Avenue and other major arterial corridors such as Haven Avenue and Foothill Boulevard D Grading and Technical Review Committees The Grading Review Committee (Dan James, Daniel • To) reviewed the protect on July 5, 2005 The Grading Review Committee recommended H13 PLANNING COMMISSION STAFF REPORT DRC2004-01125 - PANATTONI DEVELOPMENT COMPANY, LLC August 24, 2005 Page 4 approval to the Planning Commission Technical comments were provided to the applicant and have been incorporated into the Resolution of Approval E Environmental Assessment The 5 31-acre site is within the Master Planned Rancho Cucamonga Corporate Park, a 140-acre commercial and industrial complex generally located between Foothill Boulevard and Arrow Route on both sides of Milliken Avenue The design of the protect is in compliance with the approved Master Plan (Development Review DRC99-11 and Development Review Modification DRC99-11 MOD) A Mitigated Negative Declaration was adopted for the original Master Plan in April of 1999 Subsequently, in June of 2000, a Mitigation Monitoring Program was adopted by the Planning Commission, and, in February of 2002, a Negative Declaration was adopted for modification to the original Master Plan (DRC99-11 MOD) and the corresponding parcel map for this site (SUBTPM15630) The protect wdl be required to implement all pertinent mitigation measures adopted in the previous Negative Declarations, thereby ensuring that any potential impacts of the protect will remain less than significant Staff is of the opinion that no further environmental review is necessary because the protect is (1) consistent with the approved master plan and (2) within in the protect scope of the above-cited prior Environmental Assessments RECOMMENDATION Staff recommends approval of DRC2004-01125, with Bwlding D located at the building setback line on Milliken Avenue, through adoption of the attached Resolution of Approval with Conditions Respectfully submitted, Brad Bu er City Planner BB MS/ge Attachments Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Draft Res - Location Map - Aerial Photo - Site Plan (Option A) - Site Plan (Option B) - Floor and Roof Plans - Building Elevations - Building Cross-Sections - Landscape Plan - Design Review Committee Action Minutes, dated July 5, 2005 - Design Review Committee Action Minutes, dated July 19, 2005 - Initial Study elution of Approval for Development Review DRC2004-01125 • H14 e,~`~5>w~ ~ '~ tt --~ ~ _ ' ~ ~F3 • ~` h T H E C I T Y O F RANCHO CUCAMONGA Stiff ]~\eport DATE March 8, 2006 TO Chairman and Members of the Planning Commission FROM Dan Coleman, Acting City Planner BY Mike Smith, Assistant Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM17426 PANATONNI DEVELOPMENT COMPANY, LLC - A request to subdivide an existing parcel of 5 31 acres into 4 parcels in conjunction with a proposal to construct a commercial and office complex comprised of three buildings with a combined floor area of about 42,221 square feet, plus a fourth building of about 7,200 square feet to be developed by others, in the industrial Park District, Subarea 7, located at the southwest corner of Foothill Boulevard • and Milliken Avenue - APN 0229-011-69 and 0208-961-05 Staff has found the project to be within the scope of a previously adopted Mitigated Negative Declaration and Mitigation Monitoring Program adopted by the Planning Commission on April 28, 1999, and June 28, 2000, respectively, and a Negative Declaration adopted by the Planning Commission on February 13, 2002 This project does not raise or create new environmental impacts not already considered in the previous Negative Declarations Related Files Development Review DR99-11, Modification to Development Review DRCDR99-11 MOD, Tentative Parcel Map SUBTPM15630, Development Review DRC2004-01125, and Conditional Use Permit DRC2005-00764 BACKGROUND Construction of a master planned commercial/office complex comprised of four buildings is currently underway on the subject site The application for three buildings within this development was reviewed and approved by the Planning Commission on August 24, 2005 (related file Development Review DRC2004-01125), while the application for the fourth building was reviewed and approved by the Planning Commission on January 11, 2006 (related file Conditional Use Permit DRC2005-00764) PROJECT AND SITE DESCRIPTION A Surroundmg Land Use and Zoning North - Vacant, Community Commercal (CC) District, Terra Vista Community Plan South - Industrial Warehouses, Industrial Park (IP) District, Subarea 7 East - Commercial Center, Industrial Park (IP) District, Subarea 7 • West - Vacant, Industrial Park (IP) District, Subarea 7 EXH I B IT F H 15 PLANNING COMMISSION STAFF REPORT SUBTPM17426 - PANATONNI DEVELOPMENT COMPANY, LLC March 8, 2006 Page 2 B General Plan Designations Project Site - Industrial Park North - Mixed-Use South - Industrial Park East - industrial Park West - Industrial Park C Site Characteristics The project site is a vacant parcel of about 5 31 acres in the Industrial Park District, Subarea 7 The parcel is generally rectangular in shape with its primary axis aligned north to south The project site is bound to the south by an industrial building, to the east is a commercial center that includes, among other uses, Lowes Home Improvement and Islands restaurant, the property to the north and the majority of the properties to the west are vacant The subject property is generally level with no significant slope Vegetation on the site has recently been removed because of the grading-related activities A north to south rail line spur terminates at the southwest corner of the project site Foothill Boulevard and Milliken Avenue are both classified as Mayor Divided Arterials ANALYSIS • A General The applicant proposes to subdivide the property into four parcels of 34,267 square feet (Parcel 1), 63,785 square feet (Parcel 2), 50,847 square feet (Parcel 3), and 82,666 square feet (Parcel 4) (Exhibit C) On each new parcel will be one of the buildings of the previously approved master planned commercial/office complex The Tentative Parcel Map SUBTPM17426 does not cause, or require, any changes to the site layout, the plotting of the buildings, or the architecture of the building Although shared access, parking, and maintenance easements will be a condition of approval, each lot will have the number of parking spaces needed to satisfy the parking requirement of the building on which it is built B Design, Grading, and Technical Review Committees The Design Review Committee (Fletcher, Stewart, Coleman) reviewed Tentative Parcel Map SUBTPM17426 on January 31, 2006 As the application is only a proposal to subdivide the property with no changes to the site layout or building architecture, the Committee recommended approval Incorporated into the Resolution of Approval is a condition requiring a shared parking access and maintenance agreement among all the property owners/tenants The Grading Review Committee also reviewed the project on January 31, 2006 Finding that the proposal will not require changes in the previously approved Grading Plan, the Grading Review Committee recommended approval Technical comments were provided to the applicant and have been incorporated into the Resolution of Approval C Environmental Assessment The 5 31-acre site is within the Master Planned Rancho Cucamonga Corporate Park, a 140-acre commercial and industrial complex generally located between Foothill Boulevard and Arrow Route on both sides of Milliken Avenue The design of the project is in compliance with the approved Master Plan (Development Review DRC99-11 and Development Review Modification DRC99-11 MOD) A Mitigated Negative Declaration was adopted for the original Master Plan in Apnl of 1999 • Subsequently, in June of 2000, a Mitigation Monitoring Program was adopted by the Planning Commission, and in February of 2002, a Negative Declaration was adopted for modification to the original Master Plan (DRC99-11 MOD) and the corresponding Tentative H16 PLANNING COMMISSION STAFF REPORT SUBTPM17426 - PANATONNI DEVELOPMENT COMPANY, LLC March 8, 2006 • Page 3 Parcel Map SUBTPM15630 for this site The project will be required to implement all pertinent mitigation measures adopted in the previous Negative Declarations, thereby ensuring that any potential impacts of the project will remain less-than-significant The staff is of the opinion that no further environmental review is necessary because the project is (1) consistent with the approved Master Plan, and (2) within in the project scope of the above-cited prior Environmental Assessments 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 project site No comments have been received RECOMMENDATION Staff recommends approval of Tentative Parcel Map SUBTPM17426 through t option of the att ed Resolution of Approval with Conditions Re ectfully sub fitted, Dan Coleman Acting City Planner • DC MS/ge Attachments Exhibit A -Location Map Exhibit B -Aerial Photo Exhibit C -Tentative Parcel Map SUBTPM17426 Exhibit D -Grading Plan and Cross-Sections Exhibit E -Design Review Committee Comments dated January 31, 2006 Exhibit F -Initial Study Part II Draft Resolution of Approval for Tentative Parcel Map SUBTPM17426 • H17 • RESOLUTION NO 07-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM18649, A REQUEST TO SUBDIVIDE BUILDING D ON PARCEL 4 OF A RECENTLY COMPLETED COMMERCIAUOFFICE CENTER OF ABOUT 5 3 ACRES INTO 8 CONDOMINIUM UNITS (THE OFFICE/COMMERCIALOOMPLEX CONSISTS OF 4 PARCELS BUT ONLY PARCEL 4 IS SUBJECT TO THIS REQUEST) IN THE INDUSTRIAL PARK DISTRICT, SUBAREA 7, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND MILLIKEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0229-011-98 A Recitals 1 Panattoni Development Company, LLC filed an application for the approval of Tentative Parcel Map SUBTPM18649, as described in the title of this Resolution Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application " 2 On the 23rd day of May 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date • 3 All legal prerequisites prior to the adoption of this Resolution have occurred B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth in the Rentals, 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 May 23, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The application applies to Building D on Parcel 4 of a 4-parcel office/industrial complex in the Industrial Park (IP) District, (Subarea 7), located on the southwest corner of Foothill Boulevard and Milliken Avenue, and b The office/industrial complex was reviewed and approved by the Planning Commission on August 24, 2005, (Development Review DRC2004-01125) and January 11, 2006, (Conditional Use Permit DRC2005-00764) The assoaated parcel map was reviewed and approved on March 8, 2006, (related file Tentative Parcel Map SUBTPM17426), and c The application proposes the subdivision of Building D on Parcel 4 of Parcel Map SUBTPM17426 into eight (8) condominium units, and d No physical changes to the protect site or the buildings are proposed, and H18 PLANNING COMMISSION RESOLUTION NO 07-25 SUBTPM18649 - PANATTONI DEVELOPMENT COMPANY, LLC May 23, 2007 Page 2 e Parcel 4 has a street frontage along Milliken Avenue of about 288 feet with an overall depth of about 386 feet, and f In relation to the office/commercial complex, the property to the north of the subject site is vacant, the property to the south is improved with an industrial warehouse building, the property to the southwest is a warehouse distribution center, the properties to the east are improved with a commercial center, and the property to the west is vacant, and g In relation to the office/commercial complex, the properties to the north are zoned Community Commercial (CC) District, Terra Vista Community Plan, and the properties to the south, east, and west are zoned Industrial Park (IP) District, (Subarea 7), and h The Planning Commission previously approved a Mitigated Negative Declaration on April 28, 1999, for the 140-acre Rancho Cucamonga Corporate Park Master Plan, of which this site is a part Furthermore, the Planning Commission previously issued a Negative Declaration for the update of the Rancho Cucamonga Corporate Park Master Plan and Parcel Map SUBTPM15630 on February 13, 2005, of which this site is a part There have been no substantial changes in the area to warrant further environmental review, and i The subdivision, together with the recommended conditions of approval, meets development standards for the City of Rancho Cucamonga • 3 Based upon the substantial evidence presented to this Commission during the . above referenced public 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 Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans, and b The design or improvements of the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans, and c The site is physically suitable for the type of development proposed, and d The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, and e The Tentative Parcel Map is not likely to cause serious public health problems, and f The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision 4 Environmental review was completed for this site and the surrounding development and corresponding Parcel Map SUBTPM15630 approved by the Planning Commission on April 28, 1999, and February 13, 2005, respectively The California Environmental Quality Act (CEQA) provides that once a Mitigated Negative Declaration has been adopted, no further environmental review is required for subsequent projects within the scope of the Mitigated Negative Declaration The proposed development is within the scope of the prior Mitigated Negative Declaration and Negative Declaration, as the site was always planned for development with a development of this type and the size and scope have not changed Accordingly, no further H19 PLANNING COMMISSION RESOLUTION NO 07-25 SUBTPM18649 - PANATTONI DEVELOPMENT COMPANY, LLC May 23, 2007 Page 3 environmental review is necessary Based upon the facts and information contained in the prior Mitigated Negative Declaration and Negative Declaration, together with written and oral staff reports, the Planning Commission finds that there are no substantial changes in the project or the site and its surrounding conditions that would require revision to the previous Mitigated Negative Declaration or Negative Declaration All environmental mitigation measures from the previously approved and the updated Master Plan and the parcel map shall apply to this project Planning Department 1) Approval is for the subdivision of Building D on Parcel 4 of parcel map SUBTPM17426 into eight (8) condominium units 2) Shared access, parking, and maintenance shall be incorporated in the project Covenants, Conditions, and the Restrictions (CC&Rs) 3) Pnor to the modification of the boundaries of a unit on the condominium plan, the applicant shall submit the proposal to the City for review and the approval prior to approval of any tenant improvement's related to that modification 4) Any increase m the number of condominium units shall require the submittal of a revised parcel map application for review and the • approval by the Planning Commission and the City Council 5) The minimum floor area of each condominium unit shall be 750 square feet 6) Each condominium unit shall have direct access to common areas and the facilities such as lobbies, restrooms, elevators, and stairways 7) Interior improvements including, but not limited to, construction or relocation of demising walls that separate condominium units, and the revisions to the location, size, or layout of common areas and the facilities such as lobbies, restrooms, elevators, stairways, etc shall require review and approval by the City to ensure compliance with all conditions of approval and applicable building and fire safety/prevention codes and regulations Engineering Department 1) An in-lieu fee for one-forth the cost of future construction of specia- pavers within the Foothill Boulevard/Milliken Avenue intersection shall be paid to the City prior to final map approval 2) Prepare or amend the existing CC&R's as needed, to explain how maintenance responsibilities will be shared between the newly created parcels and the remaining existing parcels of Parcel Map • SUBTPM17426 Address the shared Foothill Boulevard access with the property to the west (SUBTPM18046) as well as with Parcel Map SUBTPM17426 Discuss maintenance and surface drainage H 20 PLANNING COMMISSION RESOLUTION NO 07-25 SUBTPM18649 - PANATTONI DEVELOPMENT COMPANY, LLC May 23, 2007 Page 4 agreements with the other properties and the shared maintenance responsibilities for common areas and for the Public right-of-way icons, landscaping and the bus shelter on Milliken Avenue Provide a completed copy to the City Engineering prior to submitting final map for City Council Approval a) Maintenance of BMP's identified in the WOMP shall be addressed in the project CC&R's 5 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 23RD DAY OF MAY 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 23rd day of May 2007, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS • H21 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT # TENTATIVE PARCEL MAP SUBTPM18649 SUBJECT TENTATIVE PARCEL MAP - 8 CONDOMINIUM UNITS APPLICANT DANJON ENGINEERING SOUTHWEST CORNER OF FOOTHILL BOULEVARD / MILLIKEN AVENUE PARCEL 4 OF LOCATION- PARCEL MAP 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 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 appllcant shall reimburse the Clty, Its agents, officers, or employees, for any Court costs and attorney's fees which the Clty, Its agents, officers, or employees maybe required by a court to pay as a result of such actlon The City may, at its sole discretion, participate at Its own expense In the defense of any such action but such participation shall not relieve appllcant of his obligations under this condition 2 Copies of the signed Planning Commission Resolution of Approval No 07-25, 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 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 All checks are to be made payable to the Clerk of the Board of 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 X c) Negative Declaration - $ 1,850 d) Environmental Impact Report - $2,550 • I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTPM18649StdCond 5-23 doc Completion Date _/-/. -/-/. / / H 22 Protect No SUBTPM18649 Completion Date B. Time Limits This tentative tract map or tentatlve parcel map shall expire, unless extended by the Planning Commission, unless a complete final map Is flied with the City Engineer within 3 years from the date of the approval C. Site Development 1 The site shall be developed and maintained In accordance with the approved plans which Include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning 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 Pianning 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 Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable Clty Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance 5 All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination 6 The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Owners' Association are subject to the approval of the Planning and Engineering Departments and the Clty Attorney They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first A recorded copy shall be provided to the City Engineer All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the Issuance of building permits D. 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 mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits -~-~-• -~-~- -~-~- -~-~- -~-~- -~-~- -~-~- • -~-~- _/_/ • I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\SUBTPM18649StdCond 5-23 doc H 23 Stiff Report DATE May 23, 2007 TO• Chairman and Members of the Planning Commission FROM: Jerry A Dyer, Senior Civil Engineer SUBJECT ENGINEERING DIVISION CAPITA IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 BACKGROUND/ANALYSIS. Attached is the Engmeenng Division's Capital Improvement Program (CIP) for Fiscal Year 2007/08 The projects have been categorized by type of project (Beautification, Drainage, Facilities, etc ), which are m alphabetical order within a category A map showing the project locations is also attached A summary of • project costs by category is shown on the cover page The total for all projects is a little under $99,000,000 This item has been reviewed and approved by the City Council Public Works Subcommittee RECOMMENDATION• Staff recommends that the Planning Commission find the Capital Improvement Program m conformance with the General Plan Respectfully submitted, Dyer error Civil Engineer Attachments FY 2007/08 Capital Improvement Program Project Location Map • ITEM I • V 0 Q V Z LL f... 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Q C ~p C C O C O ` ~ U ~ U ~ V O m N - ~+_ (0 ~ U N C O C L co Y C ~ C CO 'B "' ~ ~ O ~ N C Q ~ w C ~ L p O U C ~ ~ > d O ~ ~ ~.- ~ U U -p i ~ ~ Q ~d ~ t~ ~ U ~ >+ N ~ O O y O U O (0 in N ~ ~ ~ C ~ (0 L O ~ f0 ~ ~ C N (a .~. ~ ~ (D ` Q ~ ~ ~ ~ ~ ~ ~ N = ~ ~ F- U U ~ ~ w ~ ~ E ~ _ ~ ~ a~ C _ ro _ _ _ ~ V O ~ ~ ~ ~ ~ U Z _O (n O O ~ O O O ~- ~- W m i N ~ (9 ~ C ~ _ ~ _ (~ m J y C ~ tII F" "O ~ ~ C C _ = CD O -O ~ > i I- ~ ~ N U U ~ O - U ~ Q ~ ~ m ~ ~ cn c E ~ ~ o ° ~ > a~ a c~ ~ L L O co Q aci ~ c ~ ~ OD Q N m U U U I.L U „_, U y A, U O Q J ~ _ ~ i ~ i i i (B W ~ .. ~ ~ ~ L ~ ~ ~ ~ ~ ~ ~ L LI.. ~ ~ > y. . ~ V N i= >, p > 1= C C C C C O ~ a ~ ~ ~ ~. co ca ca O co ~ ~ a~ m m m ~ Q m U ~ ~ _ cn in cn cn v~ > N ~ T r N M '~ In CO 1~ 00 D7 O r N M U C z ~ T r .~- r 110 I-11 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE TO FROM SUBJECT May 22, 2007 Michael Diaz, Senior Planner Willie Valbuena, Assistant Engineer SUBTT18212 .~/ In reference to the Planning Commission Agenda for May 23, 2007, please delete R 1 under the Engineering Standard Conditions shown on page B C D & E 169 ~~ ! I ,~% Project No SUBTT18212 Completion Date 5 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 Clty 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 Spaang Size Qty Base Line Road Magnolia grandiflora NCN 8' 30' O C 15 Fill East of Haven "Samuel Sommer" Triangulated gal in Avenue Foreground Tree P A 8' or Greater P A Less Than 8' or Magnolia grandiflora "St NCN 3' 20' 0 C 15 Fill under power Lines Mary" Triangulated gal in Background Tree P A Pmus cananensis Canary Island Pine 8' 25' 0 C Mm 15 Fdl 8' or Greater informal, use gal in occasionally behind Magnolias Accent Tree Ligwdambar styraciflua NCN 8' 25' O C 15 Fdl "Festival" gal in Victoria Park Lane Rhus lances African Sumac 5' 20' O C 15 Fili Parkway gal m Parkway Pmus canariensis Canary Island Pme 8' 25' O C 15 Fdl gal m Atwood Street Magnolia grandiflora "St NCN 3' 25' O C 15 Fill Mary" gal m San Carmela Court "Pmus cananensis" Canary Island Pme 8' 25' O C 15 Fdl gal in Construction Notes for Street Trees 1) All street trees are to be planted in accordance with Clty standard plans 2) Prior to the commencement of any planting, an agronomic sods report shall be furnished to the Clty 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 Ilne of sight designs shall be reviewed by the City Engineer for conformance with adopted policy On collector or larger streets, lines of sight shall be plotted for all project intersections, Including driveways Local residential street Intersections and commercial or industrial driveways may have Imes of sight plotted as required R. Public Maintenance Areas 2 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 -/-/- /_/_ / / -/-/- 10 l' ~ PLANNING COMMISSION RESOLUTION NO 07-24 SUBTPM18543 - DANJON ENGINEERING May 23, 2007 Page 2 d No physical changes to the project site or the buildings are proposed, and e Parcel 2 has a street frontage along 6th Street of about 148 feet with an overall width of about 167 feet and an overall depth of 234 feet, and f In relation to the office/industrial complex, the properties to the south, east, and west are fully improved with industrial/office development, and the properties to the north are partially developed with industrial development (the remainder are vacant), and g In relation to the office/industrial complex, the properties to the north, south, and east are zoned General Industrial (GI) District, (Subarea 5), and the properties to the west are zoned General Industrial (GI) District, Subarea 4, and h The subdivision, together with the recommended conditions of approval, meets development standards for the City of Rancho Cucamonga 3 Based upon the substantial evidence presented to this Commission during the above referenced public 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 Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans, and b The design or improvements of the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans, and The site is physically suitable for the type of development proposed, and d The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, and e The Tentative Parcel Map is not likely to cause serious public health problems, and f The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision 4 The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301(k) Existing Facilities because the proposal contemplates only the subdivision of interior space within an existing building located within an existing office/industrial complex In addition, there is no substantial evidence that the project may have a significant effect on the environment 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 in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the PLANNING COMMISSION RESOLUTION NO 07-24 SUBTPM18543 - DANJON ENGINEERING May 23, 2007 Page 3 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 Building 2 on Parcel 2 of parcel map SUBTPM16445 into four (4) condominium units 2) Shared access, parking, and maintenance shall be incorporated m the project Covenants, Conditions, and Restrictions (CC&Rs) 3) Prior to the modification of the boundaries of a unit on the condominium plan, the applicant shall submit the proposal to the City for review and approval prior to approval of any tenant improvements related to that modification 4) Any increase in the number of condominium units shall require the submittal of a revised parcel map application for review and approval by the Planning Commission and the City Council 5) The minimum floor area of each condominium unit shall be 250 square feet 6) Each condominium unit shall have direct access to common areas and facilities such as lobbies, restrooms, elevators, and stairways 7) Interior improvements including, but not limited to, construction or relocation of demising walls that separate condominium units, and the revisions to the location, size, or layout of common areas and the facilities such as lobbies, restrooms, elevators, stairways, etc shall require review and approval by the City to ensure compliance with all conditions of approval and applicable building and fire safety/prevention codes and regulations Engineering Department 1) Prepare or amend existing CC&R's as needed, to explain how maintenance responsibilities will be shared between the newly created parcels and the remaining existing parcels of Parcel Map 16445 Address the shared 6thStreet access, maintenance and surface drainage agreements with other properties and the shared maintenance responsibilities for common areas and for Public right-of- way landscaping Provide a completed copy to City Engineering prior to submitting final map for City Council Approval a) Maintenance of BMP's identified in the WQMP shall be addressed in the project CC&R's ~A _, ~ PLANNING COMMISSION RESOLUTION NO 07-25 SUBTPM18649 - PANATTONI DEVELOPMENT COMPANY, LLC May 23, 2007 Page 3 environmental review is necessary Based upon the facts and information contained in the prior Mitigated Negative Declaration and Negative Declaration, together with written and oral staff reports, the Planning Commission finds that there are no substantial changes in the project orthe site and its surrounding conditions that would require revision to the previous Mitigated Negative Declaration or Negative Declaration All environmental mitigation measures from the previously approved and the updated Master Plan and the parcel map shall apply to this project 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 Building D on Parcel 4 of parcel map SUBTPM17426 into eight (8) condominium units 2) Shared access, parking, and maintenance shall be incorporated m the project Covenants, Conditions, and the Restrictions (CC&Rs) 3) Prior to the modification of the boundaries of a unit on the condominium plan, the applicant shall submit the proposal to the City for review and the approval prior to approval of any tenant improvement's related to that modification 4) Any increase m the number of condominium units shall require the submittal of a revised parcel map application for review and the approval by the Planning Commission and the City Council 5) The minimum floor area of each condominium unit shall be 750 square feet 6) Each condominium unit shall have direct access to common areas and the facilities such as lobbies, restrooms, elevators, and stairways 7) Interior improvements including, but not limited to, construction or relocation of demising walls that separate condominium units, and the revisions to the location, size, or layout of common areas and the facilities such as lobbies, restrooms, elevators, stairways, etc shall require review and approval by the City to ensure compliance with all conditions of approval and applicable building and fire safety/prevention codes and regulations Engineering Department 1) An in-lieu fee for one-forth the cost of future construction of special pavers within the Foothill Boulevard/Milliken Avenue intersection shall be paid to the City prior to final map approval S'te H -~/~ N'' a ~, _ ~ ~~, . ~~~ _~ r~ l R :~ N C H O C U C A M O N G A ' a ~ o )aNGINEERING DEPARTMENT Stiff Report DATE May 23, 2007 TO Chairman and Members of the Planning Commission FROM Jerry A Dyer, Senior Civil Engineer SUBJECT ENGINEERING DIVISION CAPITA IMPROVEMENT PROGRAM FOR FISCAL YEAR 2007/08 BACKGROUND/ANALYSIS Attached is the Engmeenng Division's Capital Improvement Program (CII') for Fiscal Year 2007/08 The projects have been categorized by type of project (Beautification, Drainage, Facilities, etc ), which are m alphabetical order wrthm a category A map showing the project locations is also attached A summary of project costs by category is shown on the cover page The total for all projects is a little under $99,000,000 This item has been reviewed and approved by the City Council Public Works Subcommittee RECOMMENDATION Staff recommends that the Planning Commission find the Capital Improvement Program m conformance with the General Plan Respectfully submitted, Dyer error Civil Engineer Attachments FY 2007/08 Capital Improvement Program Project Location Map Q Z Q U Z LL ~_ V Z 0 O 0 0 O O 0 O 0 O 0 O 0 O 0 M 0 0 O O 0 M W O ~ O M ~ O O I~ O OJ O O O In I ~ ~ ~ O lf) ~ O O O O O O Lf~ M N O ' N N O C D M CO ~ lf ) 1~ ~ N~ N ~ WO ~~ ~ ~~ ~ c~ e~ ~ c-r3 ~~ ~ ~ ~ a O ~ > ~ ~ O ~ Lf~ I~ M O T N O r •- O r E M r 00 Z W ~ W CV ~ oz >w ~ J ~ O ~ W W ~ J Q a ~ Cn W Z ~ ~ - ~ ~ ~ ~ } W ~ ~' ~ v I_ - z Q ~ c ~ ~ ~ _ - = i O ~ ~ U ~ _ o ~ ~ ~ ~ ~ ~ a U ~ J Q F- ~ ,,, ..., _ c~ ._, _ o c~ ~ o ~ rt- ~ a~ c..~ 0 O ~ ~ c ~ ~ ~ c ~ o ~ ~ ~ U m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ H QmU~w WC~_--, L~ r Z W U C O U a~ 0 0 c c c m a~ a a~ a~ L Q U N ~ ° ° ° ° ° 0 ° ° o o o o o 0 o o ° ° ° ° ° ° ° a0 c o o~ n ~ n o o 0 0 0 3 N M ~Y I~ lf) O T N O T a 0 00 00 0 0 ~ N N T T T N ~ ~ ~ M M T T T ~ ~ ~ l1~ l!) 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CITY Or R~"-,~~f-i~ ~I~CA~ON~~, ~~,~Y r ~ ~~~~ ~~~Eiv~r~ r ~~nivr~ini~ THE INFORMATION CONTAINI;U QV THIS FACSANCLE MESSAGE IS RVTENp)rp FOR THE USE OF THE QvDiVIDUAL OR ENTITY TO K'FIICII IT I5 AADRESSED, AND MAY CONTAw iNFORIVIATION THAT I5 PRIVILEGED ANb CONF[DENTIAi. IF THI; READER OF THIS MESSAGE IS NOT THE WT);wDED R>rCIPI1=NNT OR AGENT RESPONSIBLE TO bELrvER Tl~ M>rSSAGE TO THE INTENDED RECrpIENT, YOU ARE HERkEY NOTIFO?A TIIAT ANY DLSSEMllvAT[ON, DISTRiEU7TON OR COPYING OF THIS COMMUNICATION I5 STRICTLY PROHIBI'fE,D IF YOU HAVE REC7/IV)=.p THIS COMMUNICATION IN ERItOIt, PLEASE NOTIFY US QViMEDiATELY BY TELEPHONE AND RETURN THE oKIGINA):. M1r.SSAGE TO US AT THE ABOVE ADDRESS vIA TIC U 5 POSTAL SERVICE THANK YOU If there ace problems recervcng thcs Fax Trans~auttal please call 714 641 5100, Ext 1235 235/099994-0071 ~~~ 815269 O I a05/Z3iD7 ~,~ '`!~ ~' ~~ (~ ~ e ~-- 2 RUTAN ATTORN)/YS AT LAW May 23, 2007 VIA FACSIMILE AND PERSONAL DELIVERY Honorable Chairperson & Commissioners Planning Commission City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Hans Van L~gten Direct Dial (714) 662-4640 E-mail hvanhgten@rutan coin Re May 23, 2007 Planning Commission Meeting, Objections to Agenda Items IV- B, C, D, E Relating to General Plan Amendment DRC2006-00224 V>ctoria Community Plan Amendment DRC2006-00447 Tentative Tract Map SUBTT18212 Development Review DRC2006-00730, and related Environmental Assessments Notice of Violation of State Planning & Zoning Law Notice of Violation of CEQA Honorable Chairperson and Commissioners The Law Firm of Rutan & Tucker, LLP represents Bellflower Investment Fund LLC, ("Bellflower") the owner of the Victoria Village Center located immediately adjacent to proposed Tentative Tract Map No 18212, which is more specifically identified on Exhibit A to your Staff Report as Parcel Map 11838 Bellflower 1s also the owner of a record parking easement, as created by that certain "Parking Easement Agreement," dated December 22, 1993, which is actually shown as an existing parking area underlying the proposed condominium units located near Victoria Park Lane, immediately to the north of the existing center A true and correct copy of the Parking Easement Agreement a.s attached hereto as Exhibit 1 BELLFLOWER HAS A RECORD INTEREST THAT IS INCONSISTENT WITH THE PROPOSED PROJECT, AND WILL NOT AND DOES NOT AGREE TO THIS MAP AND RELATED APPLICATION To be clear, Bellflower has not and will not consent to the terminat>on of its parking easement Thus, the proposed project cannot be approved as proposed because, among other things, • At least three proposed condominium buildings cannot be located where proposed Rutan & Tucker, LLP I 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626 PO Box 1950, Costa Mesa, CA 92628-1950 I 714-641-5100 I Fax 714-546-9035 235/0999990071 Orange County I Palo Alto I www rutan coin 81490801 a05/23/07 RUTAN ATTORV EYS AT LAW Honorable Chairperson & Commissioners May 23, 2007 Page 2 • The private streets within the easement area cannot be built as proposed, as that use would interfere with the parking easement • The common areas within the easement area cannot be delivered free and clear of any and all encumbrances, as required by the Department of Real Estate, as the superior easement of Bellflower will not be extinguished by the map This easement will also defeat, rather than allow, common areas to be held by any association or m common by unit owners, as would be necessary for an appropriate condominium plan • The perimeter wall shown bisecting the existing parking lot cannot be built as shown as it would violate the parking easement No wall, obviously, could be built in the location shown, and thus the map cannot accurately show the location of improvements Thus, the current application for a tentative map and design review must be denied as the applicant in effect has proposed a configuration inconsistent with the current property rights of Bellflower We note for the record that pursuant to Government Code § 66436 a final map shall require the signature of any person holding any title interest to the property is required consenting to and approving the final map, subject to certain exceptions, one of which relates to easements Specifically, if an easement owner is identified and the nature of the interest called out, the signature is not required Here, the map does not either identify the owner or correctly describe the nature of the interest In fact, the tentative map indicates the "parking easement" has been "plotted" but also states "To be removed " The proposed tentative map thus creates an insurmountable bar to approving rt tonight, or for the foreseeable future The map >s Inconsistent with the legal rights the applicant has for this area, and thus, the entire project description, map, circulation plan, and common areas proposed are fatally flawed It is respectfully submitted that ><t ><s illogical and illegal to approve a tentative map with a configuration of development that cannot ever be built Because the applicant cannot represent in any semblance of good faith that it has the legal right to build any units in the easement area, the entire application should be denied until such time as an appropriate map, showing the parking easement area preserved, is presented Further, it must be noted that because this as a single lot map, the defect in this one area renders the entire project infeasible at this time Applicant cannot proceed m a phased or lot by lot manner, because >t has not sought a phased project Thus, it must have a single, unified and legally achievable project, which rt does not now currently have before the Commission 235/099999 0071 814908 Ol a05/23/07 RUTAN ATTORV FYS AT LAW Honorable Chairperson & Commissioners May 23, 2007 Page 3 THE PROPOSED MITIGATED NEGATIVE DECLARATION IS LEGALLY INADEQUATE AND THE CITY HAS FAILED TO COMPLY WITH CEQA In addition to the foregoing defects, Bellflower notes that the proposed mitigated negative declaration ("MND") is defective m various respects, as is the City's compliance with the California Environmental Quality Act (Publ Res Code § 21000, et seq) generally Generally, the MND fails to provide any factual support for its conclusions that no significant impacts potentially may occur with respect to biological resources, hazard and waste materials, mineral resources, utilities and service systems, agricultural resources, recreation, mandatory findings of significance, population and housing, and transportation and traffic Similarly, the conclusions relating to those other items found to be "less than significant" or "less than significant with mitigation incorporated" are similarly unsupported Without limiting the foregoing, here are some examples of specific defects that require at a minimum further work on a possible MND, or more appropriately, preparation of legally adequate environmental impact report Reliance on the General Plan FEIR and Regional Plans is Clearly Inappropriate The City's reliance upon the General Plan FEIR is inappropriate here as, by definition, a general plan amendment is required to effectuate the project It is logically impossible to conclude the impacts for this GPA were somehow taken into account or analyzed m the 2001 General Plan FEIR referenced in the Initial Study as this development was not contemplated at that time Further, all regional models, including the URBEMIS Model referenced in the "Air Quality" discussion is similarly flawed as all regional models relied upon existing general plan designations to calculate regional impacts Thus, reliance upon both the City's General Plan FEIR and regional models such as SCAG's URBEMIS Model is fundamentally flawed where a general plan amendment is being analyzed Bakersfield Catazens for Local Control v Caty of Bakersfield (2004) 124 Cal App 4th 1184, 1217 Thus, a project specific EIR adequately addressing all issues is required Agricultural Resources The planning documents and initial study concede this is undeveloped agricultural land No analysis is provided regarding the overall, cumulative loss of agricultural land, as well as the appropriate mitigation for such loss Further, as noted above, reliance upon the General Plan FEIR >s inappropriate Appropriate mitigation for loss of agricultural land should be required 235/099999 0071 814908 01 a05/23/07 RUTAN AT TO R^IEYS AT LAW Honorable Chairperson & Commissioners May 23, 2007 Page 4 Air uahty The reference to the General Plan FEIR for air quality analysis >s clearly improper The previously adopted Statement of Overriding Considerations clearly cannot have contemplated this project, as it did not exist, and was m fact inconsastent with, the 2001 General Plan The analysis of construction impacts >s inadequate The imposition of the identified mrtagation measures is acknowledged to be insufficient to mitigation air quality impacts to a level of insignificance (Staff Report, at p 44) Reliance upon the URBEMIS7G Model is wholly inappropriate, as noted above, as this is a general plan amendment application, and URBEMIS models based upon approved general plan Thus, use of the URBEMIS is improper Reliance upon the previously adopted Statement of Overriding Consideration is also improper, for the reasons noted above The analysis of operational impacts is s><milarly flawed The General Plan FEIR did not address the impacts of this general plan amendment Thus the additional air quality impacts of this project could be significant individually and cumulatively Further, it must be noted the Initial Study fails to disclose or analyze the fact the project is located within aNon-Attainment Area for Air Quality, pursuant to be SCAQMD and Federal regulations The Initial Study fails to address all (or any) issues relating to compliance with air quality regional plans or justify the conclusion that Air Quality Impacts are "less than significant with mitigation " In addition, the Initial Study makes no mention of Greenhouse Gases Given recent regulatory changes requiring analysis of carbon-related gas emissions and mitigation of such impacts, the Init><al Study is fatally flawed for not even discuss>ng these potential impacts Biological Resources The analysis of biolog>cal resources >s insufficient as a matter of law >n the following respects • There is no discussion on possible impacts to burrowing owl, which is a Species of Spec><al Concern for both the U S Fish and Wildlife Service and California Department of Fish and Game Borrowing owls frequent open, fallow fields such as the project site Loss of potential burrowing owl habitat >s a s>gmficant potential impact Loss of ind>tv><dual burrowing owls is also potentially significant Protocol surveys for burrowing owl nests should have been required before preparation of the Initial Study Appropriate avoidance mitigation measures should be considered, and on-site preservation of appropriate habitat 235/099999 0071 814908 Ol a05/23/07 RUTAI~ ATTOR\EYS AT LA0. Honorable Chairperson & Commissioners May 23, 2007 Page 5 may be necessary Further, interference with any burrows occupied by owls during the nesting season would violate the Fish and Game Code An appropriate serves of mrtigahon measures, including avoidance, should be analyzed as part of an EIR • Loss of foraging habitat for raptors should be analyzed and mitigated Open, fallow fields are prime raptor foraging areas The nearby vineyards combined with the project site are potentially significant raptor foraging areas Biological surveys of the use of the project site by raptors should be conducted to ascertain if the area is currently used An appropriately qualified avian biologist should be retained to perform the study and determination of possible impacts and appropriate mrtigahon is impossible until such a study is provided • The loss of 49 mature, existing trees is a potentially significant impact Mature vegetation provides habitat for migratory birds, raptors, and other birds to nest There is no data provided regarding the absence or presence of migratory birds, raptors, or other birds in the mature trees, and therefore it is impossible to ascertain the biological significance of the trees as habitat Birds are not as significantly affected by the urbanization described m the Initial Study as long as suitable nesting areas, such as these trees, are provided, and the range of the potential inhabitants could be quite large Further, with plentiful foraging areas near by (the project site as well as the vineyards) rt is a prime area for potential nesting birds • In addition, the Initial Study completely fails to address the Migratory Bird Treaty Act, which makes it a violation of Federal law to harass any migratory bird during the nesting season Destruction of trees potentially occupied by migrating birds is a significant potential impact that is completely unanalyzed by the Initial Study Land Use and Planning The discussion makes no sense as no analysis is provided demonstrating how the proposed project does not conflict with the currently applicable general plan and community plan The Initial Study simply states, in effect, there will be no inconsistency with the General Plan and Community Plan once the amendments are approved That a,s self-evident and also fails to provide any meaningful information For example, there is no discussion regarding potential impacts on other elements of the General Plan, internal inconsistency issues, economic or revenue assumptions contained in the General Plan, etc Clearly a General Plan Amendment is "not consistent" with the existing General Plan, as otherwise there would be no need for the 235/099999-0071 814908 01 a05/23/07 RUTAN ATTORNEYS AT LAW Honorable Chairperson & Commissioners May 23, 2007 Page 6 amendment The Initial Study provides no meaningful discussion of this topic, and l;s simply unsupportable Noise Noise Mitigation Measure No 4 requires the perimeter block wall to be constructed as early as possible This wall appears designed to cross the easement area Because the Applicant does not have the right to build a wall, or any other obstruction, in the easement area, this mitigation measure is infeasible, and a new and different mitigation measure must be identified and circulated Population and Housing There is simply no factual discussion ~ustif}nng the conclusion that the project will not cause substantial population growth m an area of the City, even though this application would convert undeveloped commercial land to residential, with 82 new homes The issue is not "density transition" as discussed, but what amounts to the population growth permitted m this area by this specific project The analysis fails to address this fundamental issue Transportation/Traffic As noted above, rt is simply inappropriate to utilize the General Plan FEIR to review this project, as it includes a general plan amendment More specifically, note that Item 15(f) appears clearly incorrect This threshold asks if the project would "result in inadequate parking capacity " The current parking lot serves the existing uses at the Victoria Village, and the proposed (involuntary) termination of 69 parking spaces would clearly create inadequate parking for the Center Thus, it is impossible to conclude that there is "No Impact " It is submitted an EIR must be prepared to address the potential impact on parking (although even if approved, note the parking will not be in fact impacted as the Parking Easement would prevent the construction of the project Mandatory Fmdm sg of Significance The Initial Study is clearly flawed m not acknowledging mandatory findings of significant cumulative impacts in the areas of air quality and agricultural resources Likely, mandatory findings of significance should be made for impacts to biological resources, but the information provided m the Initial Study is so deficient as to render that conclusion premature Note that loss of raptor and burrowing owl habitat, which is clearly contemplated by this project, appear sufficient to trigger a finding of significance 235/099999 0071 814908 Ol a05/23/07 RUTARI ATTOR\F51 AT LAW Honorable Chairperson & Commissioners May 23, 2007 Page 7 THE COMMISSION CANNOT "APPROVE" THE TENTATIVE MAP OR DESIGN REVIEW AS PROPOSED Resolution Nos 07-22 and 07-23 relating to the Design Review and Tentative Tract Map purport to make findings of consistency with the General Plan and Victoria Community Plan (See Resolutions each at p 2) These findings cannot now be made, as the currently existing General Plan and Community Plan designations are commercial The Commission merely recommends approval of changes to these documents, and therefore no changes have been made The findings are therefore inaccurate, and cannot be made until after appropriate amendments are made and, perhaps even more importantly, take effect Resolution No 07-022 contains language stating "Final project approval shall be subject to City Council approval" of the General Plan Amendment and Community Plan Amendment However, there is no indication the effect of either Resolution No 07-022 or No 07023 is conditioned upon such an action, nor is It clear if the City views the Commission action as a "final action" on the DRC and Map - as >ndicated m the Agenda Planning Commission action on the DRC or Map is clearly incorrect as proposed The only legal course of action to take is to defer action on both until the appropriate findings can actually be made based upon adopted documents, as opposed to proposed documents (i e ,the GPA) CONCLUSION On behalf of Bellflower Investment Fund, LLC, we request the Planning Commiss>on return the item to staff with direction to confirm the ownersh>p interest of applicant m the parking area, to redesign the project to avoid confl>ct with existing improvements rt does not own, to prepare a revised map, to conduct further environmental analysis, and to direct the preparat>on of a legally adequate env>ronmental impact report for the entire project Sincerely, RUTAN &~'UCK ,LLP s Van > ___ _ Attorneys for Bellflower Investment Fund, LLC HV kfw Enclosure cc Greg A Yaris, Esq ,Law Offices of Greg A Yaris John Ramirez, Esq , Rutan & Tucker, LLP 235/099999 0071 814908 O] a05/23/07 flRST AMiRIf:AM TITLE INSURANC! a Msr~, RECORDING REQUESTED BY AN 9~oi WHEN RECORDED RETURN TO. HUGHES/LYON/VICTORIA 4 LNN c/o Rutan i Tucker {MAF) ~s~~ 611 Anton Blvd., Suite 14 Post Office Sox 1950 6 Costa Mesa, CA 92628-1950 _ p. ~a^~ DOCUMENT # 9 4 0 0 0 5 9 6 RNO FEE RECORDED IN THE OFPICIAL RECORDS OF esT~1 ~ SAN BERNARDINO COUNTY 1 ERROL J MACKZUM RECORDER Jazi/03/1994 E S: 0 0_ 0 0 PM THIS PARKING EASEMENT AGREEMENT (^Agreement^) is made and entered into as of the J~~day o! ,f?e.~*.+~~-{ 1993, by and between THE WILLIAM LYON COMPANY, a Californian cCalifornia ("Grantor^) and HUGHES/LYON/;ICTORIA ASSOCIATES, general partnership (^Grantee" R E C I S h L s A. Grantor owns certain real property legally described in EYnibit ^A^_ attached hereto (^Grantor's Property"). B. Grantee owns certain real property located adjacent to Grantor's Property and legally described in Exhibit "B^ attached hereto ("Grantee's Property"). C. Grantee has iarkiVedareas and relatedrimpr i ementstand retail shop buildings, p n4 presently operates Grantee's Property as a retail shopping center improved ca aportionhof Gra tor'soPropsrt~y~with certaineparkingaand landscape improvements and uses ease in connection with its operation o! Grantee's Property. That portion of Grantor's g,~h bity"C^ attached hereto and is hereinafterereferredsto asdthe ^Easement Area^. D. Grantor and Grantee desire to lorsally document the rights of Grantee in the Easement Area as hereinafter set forth. NOW, THEREFORE, for Valuable consideratio~ethpart Bsihereby sufficiency of which are hereby acknowledged, agree as follows• 1, meant of Easement. Grantor does hereby grant and convey to Grantee and its successors and assigns, a perpetual easement over the Easement Area !or the installation, operation, maintenance, repair, reconfigurati =ovedi iet lacemclud±nq~rkwl bout improvements and landscarkingm arecta. parking lot lighting, limitation, driveways, p landscaping, irrigation and utilities servicing such parking lot lighting and irrigation. Such easement (the "Easement^) shall be rswHam~a.aomvmzASai arrt-A~ SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 1 of 12 Panted on 5/16/2007 10 28 08 AM Provided by DataTrace System ya-uous~; appurtenant to and for the benefit of Grantee's Property and each and every portion thereof. 2. liaintenance and Repair. The owner(s) o! the Grantee's property shall, at its/their sole cost and expense, operate, repair, replace and maintain in good and attractive condition any parking improvements and landscaping from time to time located in the Easement Area and used by the owner(s) and/or occupants of Grantee's Property. 3, Y ••a+~•,•-+ion or Reconstruction of Imnrovemnnts. All improvements now or hereafter installed by the owners o! the Grantee's Property within the Easement Area shall be constructed in a good and workmanlike manner, Tree of all liens and claims associated therewith Grantee and subsequent owners of Grantee's Property shall have the right to modify, alter reconfigure, demolish and/or replace all parking lot and landscape improvements from time to time located in the Easement Area. Once commencement of construction or demolition o! any improvements has commenced, the owner pursuing such construction shall cause the work to ba diligently prosecuted to completion subject only to delays resulting from acts of God, casualty, damage or other causes beyond the reasonable control o! Buch party, financial inability excepted. 4. Indemnity. Grantee and its successors in interest as owner oP ali or any portion of the Grantee's Property shall indemnify and hold Grantor and its successors in interest as owner of all or any portion of the Easement Area harmisss (except for loss or damage resulting from the tortious acts of the indemnitee) from and against any damages, liability, actions, claims and expenses (including without limitation reasonable attorneys' fees and costs) in connection with the loss o! lafa, personal injury and/or damage to property arising from or out o! Grantee's exercise of the rights associated with the grant o! easement provided for herein or resulting from a material breach of Grantee's obligations hereunder. 5. Insurance. The owner(s) of the Grantee's Property agree to maintain, at its expense, general liability insurance in an amount not less than TWO ![ILLION DOLLARS (52,000,000.00). Said insurance shall be obtained from responsible companies licensed to do business in the State of California, shall name the !ee owner of the Easement Area (and the owner's lender, if required) as an additional insured and shall not bs modified or cancelled without at least thirty (30) days' prior written notice to the owner of the Easement Area (and said owner's lender, ff required). 6. Exclusivity o! Easement. Tha owners and occupants of such portion o! Grantor's Property, as say haresttsr be developed and operated !or cosmercial retail purposes, shall have the right, in common with the owners and occupants o! Grantee's Property, to use the Easement Area; provided, however, that the owner(s) of that portion of Grantor's Property improved for retail use and the owner(s) o! Grantee's Property successfully conclude an aaendment rs~wunaoooiuornse: mrzvp -2- SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 2 of 12 Printed on 5/16/2007 10 28 OS AM Provided by DataTrace System 9~-~()()(~i9ti to this Agreement or a new agreement which provides for the owners? of the Grantor's Property to share in the expense of maintaining, managing, insuring, operating, repairing and/or locatednin the Easement lAree,lwhich sharing shells beiinrthemsame proportion as the floor area of buildings located on said owner's property bears to the floor area of all improvements located on the Grantee's Property and that portion of the Grantor's Property so improved !or retail use. 7. Miscel~aneous. 7.1 Not a Public medication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of all or any portion of the Easement Area to the general public or for any public purposes whatsoever, it being the intention that this Agreement and the Easements herein contained be strictly limited for the purposes herein expressed for the benefit of Grantee and its heirs, successors, assigns, licensees, quarts, invitees, contractors, subcontractors, employees, agents and tenants. ~ 2 a.+ccessors. This Agreement shall run with the land, both as respects benefits and burdens created herein, and shall be ofn the respectiven parties, provided,o howeverCCthatr it nanysparty sells any portion of all of its interest in and to its parcel, said transferring party shall be automatically freed and released from and after the date of such sale; o! all liabilities respecting the partyrcontainedain thiaei~strument thereafter to be performed with respect to the interest so sold, it being intended hereby that the agreements on the part o! each party shall ba binding on such party only during its ownership, but that the selling party shall remain liable for any obligations incurred prior to the data of such sale 7.3 Termination and >>endaent. This 1-greesent may be amended or terminated by the recordation o! a written asendment or agreement of teraination recorded in the OfticeXe~t~e by uthe Recorder, San Bernardino County, Calilornia, therwritteneconsenthot themholders o! any first'trust deeds then encumbering the Easement Area and Grantee's Property. 7.4 ~t~ornevs' ees. In the event of any controversy, claim, or daspute between the parties arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other Party reasonable expenses, attorneys' foes and costs. 7,5 ~~.•eteroarts. This Agreeaent may be executed in two whichrtaken together~shallo onatit to one and thesesams instirunent d rszwxwim~.oow~uss army -3- • SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 3 of 12 Printed on 5/1612007 10 28 08 AM Provided by DataTrace System sa-~xw5s~- e ~wnr Assurances. Each party hereto agrees to 7.4 execute any additional documents uses ofythisrJ-greement,require by the other to carry out the purpo IN WITNESS WHEREOF, thieaTaf1l8~ aboveewrittenement has been executed as of the day and y HUGHES/LYON/VICTORIA ASSOCIATES, a California general partnership By: HI-VICTORIA, a California general partnership, General Partner gy; HUGHES INVESTMENTS, a California general partnership, B~neral pa.~ ~~~j~~~e~ i/1~1/am W. H 9hee~ ,ar., Genera/l~Partner Thoaas Parcel , General P By' Genera Partner JOHN ~ By: L/P NO. 11 (VICTORIA SHOPPING CENTER), a California limited partnership gy: THE WILLIAM LYON COMPANY, a California corporation, a General Partner ~I ~ ~~Its: ' ~~ "Grantee" [Signatures continued on next page] Ps~ws~~amscoo~~K: avts~ SAN BERNARDINO,CA DOCUMENT ES 1994 596 -4- Page 4 of 12 { Printed on 5/1612007 10 28 08 AM Provided by DataTrace System :i~-O(H15yf~ THE wZLLIAI[ LYON C014PANY, a California corporation By: Its• 8y: Its• ~ Lf~~J "Grantor° STATE OF CALIFORNIA ) ,`,gy~pp ~ ) sa. COUNTY OF ~P1iWS~~ ) On ~l(..L, . ava ~ , 199,E ~ before ~/'nmf ~~ personally mown Lo me for proved me ~ n the~~s a satisfactory evidence) to ba the person(s) whose naae(s) is/ r subscri to the within instrument and ack ged to me the he/she executed the c n his/her authorized capacity(iea), and that by his/he zbe1~ signatu~~on the instrument the person(s), or the entity behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. /~~~ _,~ ) ._ Q_ ~ ~1 i'7Lt 011 V_ _ {`~ot~~a ~ Pu~c ~bb~ (s ~A"~ rszwrno~maaowuwxs~ ~ ovmvi -5- i r J SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 5 of 12 Printed on 5/16/2007 10 28 09 AM Provided by DataTrace System ., sa-uoc~~r~ STATE OF CALIFORNIA ) ~ ss. COUNTY OF DQ4~9 e, ) _ On .Oar-•-•N~~'- 1993, before me, ~7c Ra tti~ /~- rQ.cfoc icy. personally appeaice3 7" le '° S ~ ~ persona ly known to me (or proved to me on the bas s of sat sfactory svidence) to be the person(a) whose asse(s) mare subscribed to the within Snstrument and acknowledged to ms that hs/she/they executed hiseher their his/her/their authorized capacity(ies), and that by / / signature(s) on the instrumen a tc ed p executed the instrument upon behalf of which the person(a) WITNESS my hand and official seal. oowonn ti ~orrronxe ~'r~ ~~" ='~"'u"~ _ ~~ ~~ ~ Notary publSc y OMNOE Gai11Tl ($ My COm~ ~~~ A7llR 2+ 1016 STATE OF CALIFORNIA ) ss. COUNTY OF OR F ^~ ~ ) On ~.. v.,,Nr2 a ~-1993, before me, ~ °.cic~ personally appeared . W I / o W rsoi ~ PS a raonal~i<cnown to ne (or proved to me on the ba of sat sfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaeity(iea), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. p 9 a o,.~D Notary c (SEAL) po~on+v R Toprop~ce ~~. ~ ~~ ~ ~cw~-a"a.,~u. -6- ..„~w.• - J SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 6 of 12 Panted on 5/1612007 10 28 09 AM Provided by DataTrace System w~ ~ ~ sa-uoo~s~~ STATE OF CALIFOIttiIA ) ss. COUNTY OF OR ~ ~ E ) a Y, 1993, belOr6 se, '~ °' On ec F..,be personal y appeared personally known to ne (or proved to me on the s s o! sat sfac- tory evidence) to be the person(s) whose naae(a) 1s/are subscribed to the within instrument and acknowledged to ^s that he/site/t~rep executed a sane in his/tar/i~hmir authorized capacity(4s~s) , and that by! is er/their signature(s) on the instrument the person(s) or the entity upon behalt of which the person(s) acted, executed the instrument. wltnesa my hand and oflicial seal. t G t-.~a~.tt.---:,~ OOR0T11Y A TOiiTORICE Notary Pu ~~ Mom uea ~ ~ ORANGE COI,HTV SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 7 of 12 Panted on 5/16/2007 10 28 09 AM Provided by DataTrace System ~~~'-VIIV.)J~ 1 APPROV7IL Ol AHCORDI>r0 AMD H4H01tDZ1rATI011 HY LLEDSR Continental Bank, N.A., a national banking association, formally known as Continental Zllinois National Sank and Trust Company of Chicago, as Beneficiary under a Deed of Trust dated July 22, 1986 recorded August 14, 1986 as Instrument No. 86-231944 oP Official Records of San Bernardino County, Calitornia and re- recorded October 7, 1986 as Instrument No. 86-293381 of said official records, hereby approves and consents to the recording of the foregoing Parking Easement Agreement and subordinates the lien of said Deed o! Trust to the Parking Easement Agreement to which this instrument is attached, and to the easements provided for thereunder. CONTINENTAL HANK, N.A., a na ~bankinq associati i ay: Zts• Ylce Ysee--- - STATE OF ~ I~~no~S ) ss. covNTY os ( ~ ca K ) on ~ ~ ilx/ ~3i 144.E , before ms, personally appeared ~~~+ ~ ~ ~r.~rticrra...A Gov r~~~f personally known to me (or proved to me on the s of sat sfac- tory evidence) to be the person(s) whose name(s) /are ubscribed to the within instrument and acknowledged to me that ~/she/they executed the same in ~iis/her/their authorized capacity(ies), and that by pis,/hsr/their signature(s) on the instrument the person(s) or the entity upon behalf o! which the person(s) acted, executed the instrument. Witness my hand and official seal. ~~ n~~ No ry Pub/ c (S£AL] ~~~"OFFICIAL SEAL^.~.`...5 5 RITA MULARSKI y ~ wooer ruex sort os ~~ ~,rr ~orrasgw e:rrrs ~z~~~ S psawww~nsaaooiaaosss~: aKS+n -8- SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 8 of 12 Printed on 5/16/2007 10 28 09 AM Provided by DataTrace System -(~(}S~i Designated remainder parcel of Parcel Map No. 11838, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per plat recorded in Book 144 of Parcel maps, pages 60 and 61, records of said County, as amended by Certificate of Correction recorded February 5, 1991, Instrument No 91-091942, Official Records H Exhibit A SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 9 of 12 Panted on 5/1612007 10 28 09 AM Provided by DataTrace System z Parcel 1 of Parcel Map No. 11838, in the City of Rancho Cucaeoaga County of San Bernardino, Stats of California, as per plat recosded in Book 144 of Parcel Maps, pages 60 and 61, records of said County, as a~aended by Certificate of Correction recorded February 5, 1991, Instrument No. 91-041942, Official Records. ~~ Rxhibit B r a SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 10 of 12 Panted on 5116/2007 10 28 10 AM Provided by DataTrace System "1 ! P a~e~a~~U ~' YICTORtA VILLAGE PHASE I! PARKING LOT PARCEL MAP 11838 HUGHES INVESTMENTS That poAlon of Lots 13 and 14 In Block 'J' of Etiwanda Colony Lands as shown by map on file in Book 2 of Maps at Page 24 thereof, Records of San Bernardino County, Calrfornia, also shown as the designated remarnder parcel on Parcel Map 11838 by map on file in Book 144 of Parcel Maps at Pages 60 and 61 thereof, Records of San Bernardino County, California. desarbed as -otlows Beginning at the southeast corner of sard designated remainder parcel, also being the northeast comer of Parcel 1 01 said Parcel Map 11838. Thence N 00°03'14'E along the easterly Irne of said designated remainder parcel, a distance of 156 94 feet, Thence northerly continuing along said easterly Irne on a curve concave to the west, having a radius of 300 00 teat, through an angle of 10°09'43'• an arc length of 53 21 leaf. Thence N 89°56'46'W a distance of 22 29 feet, Thence westerly on a wive concave to the north. having a radus of 20 001eet, through an angle of 25°50'30•, an arc fengih of 9 02 feet to a point of reverse curvature, Thence westerly on a verve concave to the south, having a radius of 40 00 feet, through an angle of 25°50 30', an arc length of 1804 feet (the Initial radial line bears N25°53'44'E ), Thence N 89°56'46'W a distance of 55 01 feet, Thence southwesterly on a wive concave to the southeast, having a radius of 47 00 fe9t, through an angle of 30°00'00'. an arc length of 24 61 feet, Thence S 6p°03'14'VY 8 distance 0138 00 teat. Thence southwesterly on a curve Concave to the southeast, havirp a radius of 42 00 feet, through an angle of 60°00 p0'. an arc length of 43 98 feet' Thence S 00°03'14'VJ a distance of 111 91 feet to the northerly tine M sard Parcel 1, The tdlowirW twee (3) ooum~ arA alOr~ Said northerty tine of Parcel 1, Thence S 71°30 40'E a distance Ot 89 Ot feet, t3x1-ibit C 1 of 2 SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 11 of 12 Printed on 5/1612007 10 28 10 AM Provided by DataTrace System -~ VICTORIA VILLAGE PRASE II Parklnq Lot Pape 2 sa--~xx~;~- Thence easterly on a curve concave to the north, having a radius of 195 00 feet, through an angle of 13°30'00'. 8n arc length of 45 95 feet, Thence S 85°00'40'E a dtslance o156 45 feet to the point of beginning The above described parcel of land contains 0 81 S acres, more or less g~pt ~~ "~ SCRIPTIO P RED UND R TH ~ RVI 10 OF p1iIt.LE ~ G Z 92 .* oa v-3o-oe Date phen M O' ey J'r' ~` 47B F DAVIDSON ASSOCIATES, INC ~ ~ C!~ MWC/RLS/yb leg leplpt>2 Exhibit C 2 of 2 SAN BERNARDINO,CA DOCUMENT ES 1994 596 Page 12 of 12 Pnnted on 5/16/2007 10 28 10 AM Provided by DataTrace System ** ~IES~A~E ** [RECEIVER] Fax : ##32050#919094~~2847# [SENDER] RUT~N TUCKER LLP Fax : X14-546-9035 [MESSRGE] Planning Commission Meeting of 5 ' ~' d 7 RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding. Thank you. NAM ADDRESS CITY ITEM 1 ~ ~ v ~ '~ ~ 2. _ ~~~~~ G" ~~~ J/~fl C~ ~!/~C/Si/~G QSl S -~ ~~ 3 4 5 6 7 8 9 10 11 12 13. 14 15. 16. 17. 18. 19. 20 21. 22.