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HomeMy WebLinkAbout2007/04/11 - Agenda PacketTHE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA C~AMONGA APRIL 11, 2007 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Roli Call Chairman Stewart_ Vice Chairman Fletcher - Macias _ Vacant _ Munoz _ II. ANNOUNCEMENTS III. APPROVAL OF MINUTES Regular Meeting Minutes of March 28, 2007 Workshop Minutes of March 28, 2007 IV. CONSENT CALENDAR The following Consent Calendar -tems are expected to be routine and non-controversial They will be acted on by the Commission atone time without drscuss-on If anyone has concern over any item, it should be removed for discussion V. PUBLIC HEARINGS The following items are public hearings rn which concerned individuals may voce their opinion of the related project Please wart to be recognized by the Chairman and address the Commission by stating your name and address All such opinions shall be limited to 5 minutes per individual for each project Please s-gn in after speaking 1 of 4 - PLANNING COMMISSION AGENDA RAN~Ha APRIL 11, 2007 C,UCAMONGA A ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00444 -CITY OF RANCHO CUCAMONGA - A request to amend the Victoria Community Plan Land Use Map and applicable text sections from High Density Residential to Mixed Use for consistency with the existing General Plan on 14 33 acres of land (commonly known as the Joseph Filippi Winery), located at 12467 Base Line Road -APN 0227-161-10, 0227-161-24 and 1089-581-04 Related files Landmark Alteration DRC2007-00150 and Development Agreement DRC2005-00361 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration B ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT AND MASTER PLAN DRC2005-00361 - PITASSI ARCHITECTS - A proposal to develop a master plan and development agreement to guide the development of the 14 33 acres of land (commonly known as the Joseph Filippi Winery) located at 12467 Base Line Road -APN 0227- 161-10, 0227-161-24 and 1089-581-04 Related files Victona Community Plan Amendment DRC2006-00444 and Landmark Alteration DRC2007- 00150 Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration VI. DIRECTOR'S REPORTS C TRAIL PRIORITIES ANNUAL REVIEW D UPDATE ON ISSUES REGARDING HILLSIDE COMMUNITY CHURCH - CONTINUANCE REQUESTED VII. PUBLIC COMMENTS This is the time and place for the general public to address the commrssion Items to be discussed here are those that do not already appear on this agenda VIII. COMMISSION BUSINESS/COMMENTS IX. ADJOURNMENT The Planning Commission has adopted Admm-strative Regu/abons that set an 11 00 p m • • 2 of 4 J • PLANNING COMMISSION AGENDA RANCHO APRIL 11, 2007 CUCAMONGA adjournment time If items go beyond that t-me, they shall be heard only with the consent of the Commission 1, Lors J Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on April 5, 2007, at least 72 hours prior to the meeting per Government Code Section 54964 2 at 10500 Civic Center Drive, Rancho Cucamonga e~+'' If you need special assistance or accommodations to participate m this meeting, please contact the Planning Department at (909) 477-2750 Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility Listening devices are available for the hearing impaired INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view To allow all persons to speak, given the length of the agenda, please keep your remarks brief If others have already expressed your position, you may simply indicate that you agree with a previous speaker If appropriate, a spokesperson may present the views of your entire group To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience 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 3 of 4 PLANNING COMMISSION AGENDA RANCHO APRIL 11, 2007 CUCAMONGA meeting The Planning Commission Secretary receives all such items AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730 These documents are available for public inspections during regular business hours, Monday through Thursday, 7 00 a m to 6 00 p m ,except for legal City holidays APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $1,747 for maps and $1,842 for all other deasions of the Commission (Fees are established and governed by the City Council) Please turn off all cellular phones and pagers while the meeting is in session Copies of the Planning Commission agendas and minutes can be found at http //www ci rancho-cucamonga ca us • • 4 of 4 • Vicinity Map Planning Commission April 11, 2007 • • ~ Meeting Location N City Hall 10500 Civic Center Drive _~' r ~. -~ ,-~3 e .~- ,, :- ~= ~, T H E C I T Y O F RANCHO C U C A M O N G A Stiff Report DATE April 11, 2007 TO Chairman and Members of the Planning Commission FROM James R Troyer, AICP, Planning Director BY Lawrence J Henderson AICP, Principal Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00444 -CITY OF RANCHO CUCAMONGA - A request to amend the Victoria Community Plan Land Use Map and applicable text sections from High Density Residential to Mixed-Use for consistency with the existing General Plan on 14 33 acres of land (commonly known as the Joseph Filippi Winery), located at 12467 Base Line Road -APN 0227-161-10, 0227-161-24, and 1089-581-04 Related Files Development Agreement DRC2005-00361 and Landmark Alteration DRC2007-00150 • DEVELOPMENT AGREEMENT AND MASTER PLAN DRC2005-00361 - PITASSI ARCHITECTS INC - A proposal to develop a master plan and development agreement to guide the development of the 14 33 acres of land (commonly known as the Joseph F~lippi Winery), located at 12467 Base Line Road - APN 0227-161-10, 0227-161-24 and 1089-581-04 Related Files Victoria Community Plan Amendment DRC2006-00444 and Landmark Alteration DRC2007-00150 ENVIRONMENTAL ASSESSMENT LANDMARK ALTERATION DRC2007-00150 -PITASSI ARCHITECTS INC - A Landmark Alteration request to allow exterior modifications for architectural enhancements to the Historic Ellena-Regina Winery on 14 33 acres of land (commonly known as the Joseph Filippi Winery), located at 12467 Base Line Road - APN 0227-161-10, 0227-161-24 and 1089-581-04 Related Files Development Agreement DRC2005-00361 and Victoria Community Plan Amendment DRC2006-0444 PROJECT AND SITE DESCRIPTION A Project Density The project is Mixed-Use consisting of 30 artist live/work lofts on approximately 4 acres of the 14 33 acres or 7 5 dwelling units per acre, 3 restaurant pads of 4,500, 6,000 and 6,075 square feet (totaling 16,575 square feet), and an existing winery approximately 80,000 square feet to be renovated and architecturally enhanced B Surrounding Land Use The site is located on the south side of Base Line Road, approximately 550 feet east of Day Creek Boulevard, and is characterized by heavy use during historic times as a winery and for agricultural development There is existing single-family and commercial development to the north, single-family residential to the south and east, and commeraal to the west ITEMS A & B PLANNING COMMISSION STAFF REPORT DRC2006-00444 -CITY OF RANCHO CUCAMONGA DRC2005-00361 AND DRC2007-001 1 7 - PITASSI ARCHITECTS, INC April 11, 2007 Page 2 C General Plan Designations Project Site -Mixed-Use North -Low-Medium Residential and Neighborhood Commercial South - Mixed-Use East -Mixed-Use West -Mixed-Use D Site Characteristics The site is relatively flat, draining to the south The site borders a commercial shopping center on the west, residential and commercial across Base Line Road on the north, and residential to the south Vineyard improvements are significantly highlighted to support the winery and provide a buffer to the residential areas to the east and south E Parking Calculations Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Existing Winery 80,000 Varies by use 88 88 Restaurants (3) 16,575 1 /100 166 169 30 Artist Live/work Lofts 1,808/unit 1 garage per unit and 53 62 5 space plus 25 (30 covered/32 open) visitor space per unit TOTALS 307 319 r ~ ANALYSIS A General The subject winery land/complex is proposed to be developed as a mixed-use protect with restaurants, residential dwellings, and an art gallery, as well as several site and building enhancements Vineyard improvements are significantly highlighted to support the winery and provide a buffer to the residential areas to the east and south The use of the site is also regulated by a lease agreement that restricts uses to a winery and winery related uses On December 7, 2005, the City Council held a workshop with the applicant to discuss the master plan The Master Plan and Development Agreement were revised to reflect the comments received at that meeting In addition, the applicant has submitted a Project Narrative that provides additional detail about the project (Exhibit F) B Neighborhood Meeting A neighborhood meeting held by the applicant on August 8, 2006 at the winery and was attended by 22 persons from the public, including two from the Chaffey Art group, and the winery store manager Most of the attendees live directly in the adjacent neighborhoods to the south of the project site, however, a few were extended family members, two of which live elsewhere in the community The project was presented and members of the community were given an opportunity to ask questions Overall, all were in support of the project and seemed anxious to see things happen as soon as possible and eager to lobby the City in behalf of the project There were no objections to the project A copy of the meeting notes and sign-in sheet is attached for reference (Exhibit D) A & B 2 PLANNING COMMISSION STAFF REPORT DRC2006-00444 -CITY OF RANCHO CUCAMONGA DRC2005-00361 AND DRC2007-00117 - PITASSI ARCHITECTS, INC April 11, 2007 • Page 3 C Design Review Committee On August 15, 2006, the Design Review Committee reviewed and recommended approval of the project with conditions The Committee encouraged that the landscape plant palette be more creative by including year-round color, avoiding over-used plant species, such as Ligustrum, layering, and using accents and focal points (Exhibit E) D Technical Review Committee The Technical Review Committee reviewed and recommended approval of the project on August 16, 2006, with incorporated conditions E Environmental Assessment Pursuant to the California Environmental Quality Act ("CEQA") and City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to Aesthetics, Agricultural Resources, Cultural Resources, Hydrology and Water Quality, Noise, Air Quality, Geology and Soils, and Land use and Planning, 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, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project 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 radius of the protect site RECOMMENDATION Staff recommends approval of Victoria Community Plan Amendment DRC2006-00444, Development Agreement and Master Plan DRC2005-00361, and Landmark Alteration DRC2007-00117 by adoption of the attached resolutions Respectfully submitted, ~~ Jame R Troyer, AICP Planning Director JRT LH\ma Attachments Exhibit A -Location Map Exhibit B -Aerial Map Exhibit C -Notes and Sign-in Sheet from August 8, 2006, Neighborhood Meeting Exhibit D -Design Review Committee Action Comments dated August 16, 2007 Exhibit E -Applicant's Project Narrative Revised February 2007 Exhibit F -Initial Study Parts I and II Draft Resolution of Approval for Victoria Community Plan Amendment DRC2006-00444 Draft City Council Ordinance for Victoria Community Plan Amendment DRC2006-00444 Draft Resolution of Approval for Development Agreement and Master Plan DRC2005-00361 Draft City Council Ordinance for Victoria Community Plan Amendment DRC2005-00361 Draft Resolution of Approval for Landmark Alteration DRC2007-00150 A & B 3 R • • • R ' ~g~~ a 8B ~G ~~ ~~ ~° ~ x z ~ 9 ~~ I - 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I v I r , R ~R ., x EXHIBIT A R x A & B 4 M M w N O z g z ~ ~o a$~y- ~`_b ~B$E ~~R ~~~ Z ~- U w H U Q C/ j a. ~~ B4 _~~ gg4 6~ 8 'a. .a a. V I O >~ T ,8~ ~~~ f~~° R y- a ~o x .. ~a$ • • D R C 2006-00444 0 Zone change area slip 0 Parcels shp 200 0 200 400 Feet • EXHIBIT B A & B 5 PITASSI ARCHITECTS,~N~ August 9, 2006 Mr Larry Henderson Principal Planner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Subject Filippi Winery DRC 2005-00361 Dear Larry In response to your request, this letter shall serve as a Report regarding the Neighborhood Meeting conducted at the winery on the evening of August 8, 2006 We have attached to this letter a copy of the Notice that was mailed to adjoining property owners, a copy of the mailing list, and a copy of the radius map identifying the parcels included in our mailing list We have also included a copy of the sign- in sheet for your use Mike Diaz from the Planning Department was present I presented the Master Plan Concept to those in attendance and Gino and Joey Filippi also participated by representing the winery They discussed the historical aspect of the winery, its current operations, and plans for the future Several questions were generated by those in attendance A paraphrase of the question and our response is as follows Several property owners to the south of the winery asked about separation distance from the developed winery area to the their properties It was explained that the vineyard buffer ~s 115 feet deep. We also described the circulation system, the parking area supporting restaurant uses, and the activities that would take place in the artist live/work loft area • A homeowner inquired regarding the deed restriction on their property for landscaping in their rear yard We explained that this was a condition the City placed upon the Arbors Master Plan for the purpose of providing additional buffer between these homes and the winery (EXHIBIT C ^ 8439 White Oak Ave,~te$~10~ ^6'.ancho Cucamonga, CA 91730 ^ ^ Tel (909) 980-1361 ^ rax (909) 944 5814 ^ Mr Larry Henderson, Principal Planner August 9, 2006 Page 2 Several property owners to the south of the winery along its eastern extension inquired regarding the parking area south of the park They also asked if the park would remain, including the mature trees within the park We responded that the park would remain, the trees would not be removed, and that parking area along this edge was separated from the south property line by the windrow planting and a pedestrian path • The same homeowners asked about lighting for the parking area We responded that a City ordinance requires a minimum of 1-foot candle of light in all parking areas We also noted that the maximum height of a parking lot fixture is 15 feet We pointed out that cut-off technology will be used for these light fixtures to focus the light in the parking area Upon their closer examination of the site plan, they acknowledged that the cars would be headed north while they are parked and therefore would not be an impact for them • A homeowner inquired regarding the existing windrow trees along the east property line and whether they would remain We responded that they wou Id. • Comments were very supportive of the concept, the architectural improvements, and the winery as a neighbor All in attendance were reminded that they would be notified by the City for future public hearings Many responded that they would like to attend the public hearings and voice their support for the project If you have any additional questions regarding our neighborhood meeting, please advise Very truly yours, P)P cas • c Gino F~lippi A & B 7 President FROM J FILIPPI WINEf?Y FAX NO 9098999196 Rug 89 2(~6 88 45AM P1 • NEIGHBOkH00[~ MEETING WINERY ESTATE t~EV~LCJPMENT 20b6 PREVIEW AucusT s, Zoo6 ~ # M ~ SIGN ~ SHEET ~~~~ ~. ~/~ ~~ ~ 2 D ~ar .~b~Vh~b~IN~ ~~er'?~. ~' hr`s ~z c.~. -? ~ a 3 ~s7 c„~ c~r. JoZ ~3 ~' CJ ~ ar~ C ~ ~~ C~ ~~ .. n ~ ~~~~~ li rck'L Dtk2 Gas D/,rigs /~/ ~~' 9~~~1 <<s~ ~~~ d~o . ;,,~ Rc, ~~~~ A & B 8 ~t ~-~-vvS7~~1-~r-,2 r • DESIGN REVIEW COMMENTS 8 00 p m Larry Henderson August 15, 2006 DEVELOPMENT AGREEMENT AND MASTER PLAN DRC2005-00361 - FILIPPI WINERY - PITASSI ARCHITECTS - A proposal to develop a master plan and development agreement to guide the development of the 14-acre Filippi Winery site at 12467 Base Line Road - APN 227-161-10 and 1089-581-04 Design Parameters The subject winery land/complex is proposed to be developed as a mixed-use project with, restaurants, residential dwellings, and an art gallery as well as, several site and building enhancements The project area was heavily used during historic times and has been subject to substantial suburban and agricultural development The site is relatively flat, draining to the south The site borders a commercial shopping center on the west, residential and commercial across Base Line Road on the north, and residential to the south Vineyard improvements are significantly highlighted to support the winery and provide a buffer to the residential areas to the east and south The use of the site is also regulated by a lease agreement that restricts uses to a winery and winery related uses On December 7, 2005, the City Council held a workshop with the applicant to discuss the master plan Staff Comments The following comments are intended to provide an outline for Committee discussion Mayor Issues There are no mayor design issues identified However, it should be noted that the Design Review Committee is reviewing the master plan exhibits, not the actual development agreement, since that document is incomplete, and we are waiting for a re-submittal Secondary Issues Once all of the mayor issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues 1 A neighborhood meeting is required and is scheduled for August 8, 2006, at the winery Staff will report orally on this at the DRC meeting 2 Staff had requested that the applicant address the land use conflict of the winery loading areas and artist work/live lofts The applicant's response was, "The activity which will take place along the loading area at the southern edge of the building of the winery, will be intermittent, and the units which derive access from the drive aisle adjacent to the loading area, do not "front" on this drive aisle space We believe that the physical separation and the landscaping along the southern edge of the drive aisle will mitigate activity occurring in the loading area " 3 Cross-Section D-D and E-E do not indicate how the existing windows will be accommodated See attached for pictures and cross comparison 4 Plans for the artist work/live lofts patio or balcony areas for a typical area needs to be provided EXHIBIT D A & B 9 DRC ACTIONA GENDA DRC2005-00361 - FILLIPI WINERY - PITASSI ARCHITECTS August 15, 2006 • Page 2 5 The applicant wishes to provide a sign master plan at a later time The DRC should provide direction as to whether this is acceptable and at what time the requirement should be conditioned to occur Policy Issues There are no mayor policy issues identified Artist work live lofts must be carefully described An incompatibility issue may arise in the complex of the neighborhood if not defined explicitly This policy area is being developed as part of the development agreement and community plan amendment application process Staff Recommendation Staff recommends that the Design Review Committee provide direction to staff and the applicant on the issues outlined and any other issues that may be identified during the consideration of this application Design Review Committee Action Members Present McPhail, Stewart, Coleman Staff Planner Larry Henderson The Committee recommended approval, however, encouraged that the landscape plant palette be more creative, such as • year-round color • avoid over-used plant species, such as ligustrum • layering • accents • focal points • A & B 10 i PITASSI ARCHITECTS,~N~ NARRATIVE Revised February 2007 The J Filippi Vintage Company is submitting for the City's review a proposed Development Agreement, Master Plan, Specific Plan Amendment, Landmark Alteration Permit, and Victoria Community Plan Amendment for the approximately 14 acre parcel surrounding the historic Filippi Winery at 12467 Baseline Road Over the past 4 years, construction around the winery has been astounding A significant planning effort has now come to fruition including the Victoria Gardens retail center With most of these projects nearing completion, it is the wineries intent to formalize their plans for winery related development on this 14 acre parcel The wineries lease with the City anticipates use of the property for "winery related purposes" and it is the intent of this proposal to clearly define the uses, circulation, amenities, and overall design theme desired by the winery and envisioned by the • lease The lease also refers to "vineyard land" described as vineyard plantings to be used as buffers to at the south, west, and east edges of the site Our Master Plan and Development Agreement proposes the transfer of the vineyard land described in the lease along the west side of the site to vineyards along the north and east edges of the property. With development of the shopping center to the west, the need for vineyard buffer along the western property edge was no longer apparent The uses proposed within the Master Plan compliment the wineries purpose and support events and activities that will bolster and enhance the wineries marketability Live/work artist lofts, as yet not built in Rancho Cucamonga, have been successful in other foothill communities primarily in older downtown areas We are confident that this use can be quite successful in conJunction with the winery by allowing artisans to live and work near the winery, while having an opportunity to display and market their work in organized exhibitions The restaurant uses certainly compliment the winery, the tasting room, and the special event banquet facility and have been provided with excellent visibility and parking All of the current amenities on the site will be preserved such as the park area and the existing vineyard on the east end of the site • EXHIBIT E ^ 8439 White Oak Ave~S~ 1~15~ ~ Rancho Cucamonga, CA 91730 ^ ^ Tel (909j 980 1361 ^ Fax (909) 944 5814 ^ Narrative Revised February 2007 Page 2 • The Master Plan also proposes a mator renovation and architectural unification of the existing winery The existing building has received numerous "hidden" improvements such as fire sprinklers, structural and seismic enhancements, and roofing replacement since the City purchased the facility nearly 15 years ago The winery will now have the opportunity to provide architectural improvements to the building, strengthening the winery theme and providing a strong architectural presence The Tuscan architectural style will be applied to all future buildings to further strengthen the winery estate theme The total protect will be constructed in five phases A phasing plan is included within our package of exhibits and is designed to allow the winery to develop adequate cash flow to finance the alterations to the existing winery building These applications are the appropriate vehicle to insure the long-term viability of the winery and the architectural enhancements desired by both the City and the Filippi Winery as stewards of our viticultural heritage • • A & B 12 4 ~ ~~~~` ~ ENVIRONMENTAL ~~ INFORMATION FORM i ~ ~ (Part I -Initial Study) Gty of Rancho Cucamonga (Please type or prrnt clearly usrng rnk Use the tab key to move from one Ime to the next line ) Planning Dwisron (909) 477-2750 The purpose of #his #orm is to inform the City of the basic components of the proposed protect so that the Ctty may review the protect pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA It is important that the information requested in this application be provided in full. Upon review of the completed Initial Study Part I and the development application, additional information such as, but not limited to, traffic, noise, biological, drainage, and geological reports may be required. The project application anfill not be deemed complete unless the identified Special studies/reporfis are submitted for review and accepted as complete and adequate. The protect application wall not be scheduled for Committees' review unless all required reports are submitted and deemed complete for staff to prepare the Initial S#udy Part II as required by CEQA. In addition to the filing fee, the applican# wi11 be responsible to pay or reimburse the City, its agents, officers, and/or consultants for all costs for the preparation, review, analysis, recommendations, mitiga#ions, etc , of any special studies or reports. • INCOMPLETE APPLICATIONS W/LL NOT BE PROCESSED Please note that rt rs the res onsrbrlrt of the a licant to ensure that P Y PP the application rs complete at the time of submittal, Crty staff will not be available to perform work required to provide mrssrng information Application Number for the project to which this form pertains ~RC.2 ~`C`'S ~~~(~~- Project Title F1lippi Winery Master Plan Name & Address of project owner(s) City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Name&Addressof developer orpro~ectsponsor Joseph Filippi Vintage Co., Inc. 12467 Baseline Road Rancho Cucmaonga, CA 91739 EXHIBIT F I \PLANNING\FINAL\FORMS(COUNTER\Initial Study Part1 docPage 1 of 10 Rev 3/17/04 A & B 13 Contact Person&Address Peter J. Pitassi, AIA Pitassi Architects, Inc. 8439 White Oak Ave., Suite 105, Rancho Cucamonga, CA 91730 Name &Address of person preparing this form (~f different from above) Same as contact person above. Information indicated by an asterisk (*) rs not required ofnon-construction CUP's unless otherwise requested by staff *1) Provide a full scale (8-7/2 x 77) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries 2) Provde a set of color photographs that show representative views into the site from the north, south, east, and west, wews into and from the site from the primary access points that serve the site, and representative wews of significant features from the site Include a map showing location of each photograph 3) Pro~ectLocatron (describe) 1 2467 Baseline Road South side of Baseline Road between Day Creek Blvd. and Victoria Park Lane. 4) Assessor's Parcel Numbers (attach add~t~onal sheet if necessary) 227-161-10, 24 and 1089-581-4 *5) Gross Site Area (aclsq ft) Approximately 61 5, 503 s. f , or 1 4 . 1 3 acres *6) Net Srte Area (total site size minus area of public streets & proposed dedications) No further dedication required 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary) None • 11PLANNING\FINALIFORMSICOUNTER1lnitial Study Part1 doc~a~ $o14i Rev 3/17/04 Telephone Number (9 0 9) 9 8 0 -1 3 61 8) Include a descnpt~on of all permits which will be necessary from fhe City of Rancho Cucamonga and other governmental agencies in order to fully implement the project Development Agreement, Master Plan approval, Design Review approval, Grading Permit, Building Permits 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stabd~ty, p/anfs and animals, mafure trees, trails and roads, drainage courses, and scenic aspects Describe any existing structures on site (including age and cond~t~on) and fhe use of the structures Attach photographs of s~grnficant features described In addition, cite a!1 sources of information (~ a ,geological and/or hydrologic studies, b~ot~c and archeological surveys, traffic studies) The approximate 14 acre site is surrounded by recent development. The Winery Estate Marketplace is under construction to the west and recently completed singe family homes are to the south and east. Existing site improvements include the winery building, onsite parking, vineyard, a lawn and park area, and vacant land. Mature trees on site will remain and are not impacted by the Master Plan. The property drains from north to south with a connection point at the southeast corner. Drainage has been accommodated by new storm drains built with the subdivision to the south. Some existing vineyard along Baseline Road will be removed and replaced along the south and east edges of the site. 70) Describe the known cultural and/or h~stoncal aspects of the site Cite al! sources of information (books, published reports and oral history) An extensive analysis of the existing winery and its historical artifacts was prepared in 1997 and is known as the "Chattel" report. It evaluates the structure and its contents. The Master Plan envisions renovating the exterior and unifying its architecture in a Tuscan theme. I \PLANNING\FINAL\FORMS\COUNTER\Initial Study Part1 docPage 3 of 10 Rev 3/17/04 A & B 15 11) Descnbe any Horse sources and them levels that now affect the site (aircraft, roadway Horse, etc) and how they will affect proposed uses Baseline Road is the source of most traffic noise while some is from the I-15 freeway approximately 1 mile east. Live/work lofts on site will incorporate code required dual pane glazing and have significant setback from the source. 12) Descnbe the proposed project rn detail Thrs should provide an adequate description of the site in terms of ult-mate use fhat will result from the proposed project Indicate if there are proposed phases for development the extent of development to occur with each phase, and the anticipated completion of each increment Aftach additional sheet(s) rf necessary The Master Plan proposes that the historic winery building will receive an exterior renovation and unification of its architecture. A Tuscan winery theme will be used on all structures which include a restaurant, office building, and 30 units of live/work artist lofts. A buffer of vineyard will be provided totaling 2.76 acres. In addition, the vineyard and park along Baseline Road and at .the far east end of the property will be enhanced. The project will be phased with the initial development of the restaurant and its supporting infrastructure followed by the live/work lofts in four phases The last phase will include the office building 13) Descnbe the surrounding properties, rnclud~ng information on plants and animals and any cultural, hrsfoncal, 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 ) Surrounding properties are either recently built out or are under construction. A subdivision was completed north of Baseline Road about four years ago. Single family homes were recently completed to the south and east and a commercial retail center is under construction to the west. 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the pro~ect~ No • 11PLANNING\FINALIFORMSICOUNTER1lrntial Study Part1 doctQa~e got 6) Rev 3/17/04 15) Indicate the type of short-term and long-term Horse to be generated, including source and amount How will these Horse levels affect adjacent properties and on-site uses Whaf methods of soundproofing are proposed No significant noise will be generated by the project. • *16) Indicate proposed removals and/or replacements of mature or scenic frees None 17) Indicate any bodies of water (including domestic water supplies) into which the site drains None 18) Indicate expected amount of water usage (See Attachmenf A for usage estimates) For further clarification, please • contact the Cucamonga Valley Water Drstnct at 987-2591 a Residential (gal/day) 7 6 8 0 Peak use (gal/Day) 7 6 8 0 x 2= 1 5 3 6 0 b Commercial/Ind (gal/day/ac) 6, 0 0 0 Peak use (gal/mrNac) 6 0 0 0 x 2= 1 2 0 0 0 19) lnd~cate proposed method of sewage disposal ^ Septic Tank ®Sewer If septic tanks are proposed, attach percolation tests if discharge to a sanitary sewage system rs proposed indicate expected daily sewage generation (See Attachment A for usage eshmates) For further c/anfrcabon, please contact the Cucamonga Valley Water Drstnct at 987-2591 a Residential (gal/day) 1 9 0 x 3 0 = 5 7 0 0 b Commercial/Industrial (gal/day/ac) 1 9 0 0 RESIDENTIAL PROJECTS: 20) Number of residential units 3 0 Detached (indicate range of parcel sizes, minimum lot size and maximum lot size N/A • Attached(mdicatewhetherunrtsarerenta/or for saleunrts) Rental of live/work artist lofts. Tenants will include painters, sculptors, photographers, designers, and other art related disciplines requiring gallery type work space. I 1PLANNING\FINALIFORMSICOUNTER\Initial Study Part1 docPage 5 of 10 Rev 3/17/04 A & B 17 21) Anticipated range of sale paces and/or rents Sale Pace(s) $ to $ Rent (per month) $ 1 , 5 0 0.0 0 to $ 2 , 0 0 0 .0 0 • 22) Speafynumberofbedroomsbyunittype Each unit will be designed as a live/work artist loft. The unit is approximately 1,035 s.f. in size and includes a kitchen, bath, sleep loft, one car garage, laundry area and work space. 23) Indicate anticipated household size by unit type 1 or 2 persons per unit. 24) /nd~cate the expected number of school children who wdl be res~d~ng within the project Contact the appropriate School D~stncts as shown in Attachment B a Elementary - 0 - b Junior High - 0 - c Senior High - 0 - COMMERCIAL, INDUSTRIAL. AND INSTITUTIONAL PROJECTS 25) Describe type of use(s) and mayor function(s) of commercial, industrial or mst~tutional uses Restaurant and professional offices. Existing winery facility 26) Total floor area of commercial, industrial, or mst~tut~onal uses by type Restaurant : 6 , 0 0 0 S . f r : Professional Office: 12,000 s.f.; Winery Production, Tasting, BAnquet and Wine Cafe: 80,000 s.f. 27) lndicafehoursofoperation Wine Cafe & Restaurant: 11 :00 am - 11 :00 pm; Offices: 7:00 am - 6:00 pm; Winery Tasting: 10:00 am - 6:00 pm; Banquet: Special events. 28) Numberofemployees Tota! Office: 60, Restaurant/Cafe: 30 Maximum Shift Normal buG ~ ness hours • Time of Maximum Shift 8 hours I \PLANNING\FINAL\FORMS\COUNTER1lrntiai Study Part1 doc~a~e 6 0~ $~ Rev 3/17/04 29) Provide breakdown of ant~cipated~ob classifications, including wage and salary ranges, as well as an rndicahon of the rate of hire for each classification (attach addrt~onal sheet if necessary) Unknown at this time • 30) Estimation of the number of workers to be hued that currently reside rn the City Unknown '31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions (Data should be vent-ied through the South Coast Arr Quality Management District, at (818) 572-6283) N/A ALL PROJECTS 32) Have the water, sewer, fire, and flood control agencies serving the pro/ect been contacted to determine their abrl~ty to provide adequate serwce to the proposed pro~ect~ If so, please indicate their response All services are available. 33) /n the known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic matenals~ Examples of hazardous and/or toxic materials include, but are not l~mrted to PCB's, rad~oact~ve substances, pesticides and herbicides, fuels, oils, solvents, and otherflammab/e liquids and gases Also note underground storage of any of the above Please list fhe materials and describe their use, storage, and/or discharge on the property, as well as the dates of use, ii known None to our knowledge. • I \PLANNINGIFINALIFORMSICOUNTER\Irntial Study Part1 docPage 7 of 10 Rev 3/17/04 A & B 19 34) Will the proposed project involve the temporary orlong-term use, storage, or discharge ofhazardous and/ortoxic materials, including but not limited to those examples listed above ~ If yes, provide an inventory of all such materials fo be used and proposed method of disposal The location of such uses, along with the storage and shipment areas, shall be shown and . labeled on the application plans No I hereby certify that the statements furnished above and in the attache r rbits Ares d information required for adequate evaluation of this project to the best of my abrl~ty, that the f s, stateme rid nform ion pre ented are true and correct tot he best of my knowledge and belief I further understand th ~ dditional rnf matron ay be equrre to be submitted before an adequate evaluation can be made by the City of Rancho Cu monga Date 4/ 2 6/ 0 5 Sig ature Title Preside itassi Architects, Inc. • I \PLANNING\FINAL\FORMS\COUNTER\Irntlal Study Part1 doc~a~ tYO20J Rev 3117/04 ATTACHMENT "A" CITY OF RANCHO CUCAMONGA • ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single-Family Multi-Family 705 gallons per EDU per day 256 gallons per EDU per day Neighborhood Commercial General Commercial Office Professional Institutional/Government Industrial Park Large General Industrial Heavy Industrial (distribution) 1000 gal/day/unit (tenant) 4082 gal/day/unit (tenant) 973 gal/day/unit (tenant) 6412 gal/day/unit (tenant) 1750 gal/day/unit (tenant) 2020 gal/day/unit (tenant) 1863 gal/day/unit (tenant) Sewer Flows Single-Family • Multi-Family 270 gallons per EDU per day 190 gallons per EDU per day General Commercial Office Professional Industrial Perk Large General industrial Heavy Industrial (distribution) 1900 gal/day/acre 1900 gal/day/acre Institutional/Government 3000 gal/day/acre 2020 gal/day/acre 1863 gal/day/acre Source Cucamonga Valley Water Drstrrct Engineering & Water Resources Departments, Urban Water Management Plan 2000 • I \PLANNINGIFINAL\FORMSICOUNTER\initial Study Part1 docPage 9 of 10 Rev 3/17/04 A & B 21 ATTACHMENT B Contact the school district for your area for amount and payment of school fees Elementary School D~stncts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909) 987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909) 989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909) 987-8942 Etiwanda 6061 East Avenue P O Box 248 Rancho Cucamonga, CA 91739 (909)899-2451 High School Chaffey High Schooi 211 West 5th Street Ontario, CA 91762 (909) 988-8511 • • 11PLANNING(FINAL\FORMSICOUNTER\Initial Study Part1 do~Pa~e 702210 Rev 3/17/04 . HAZARDOUS WASTE SITE STATEMENT I have been informed by the City of Rancho Cucamonga of my responsibilities pursuant to California Government Code Section 65962 5 (copy attached) to notify the City as to whether the site for which a development application has been submitted is located within an area which has been designated as the location of a hazardous waste site by the Office of Planning and Research, State of California (OPR) I have also been informed by the City of Rancho Cucamonga that, as of the date of executing this Statement, OPR has not yet compiled and distrubted a list of hazardous waste sites as required by said Section 65962 5 I am informed and believe that the proposed site for which a development application has been submitted is not within any area specified in said Section 65962 5 as a hazardous waste site I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct Dated 4/26/05 • A&B23 USGS SITE LOCATION MAP r,• Tl s"v.,~1A=„r..GI ~ I I~ ~5..~.,~~ ~.,..~ ~ rl I I F I 1 I_-! ~• \ s:_~ f ~~i - n~Yl I ill+ I{I'f+l`~~7rril qr 'Tlrn+i F ~ I "~ I + -C _ '^ --r I - ~ - r ~- +_ii F ~ .,,~I ~~ ~^ I k_ rr i 17iJlJS.:f f1'/-I ~~ (~Y+' '1~ _-~ _ _' r ~ -` I . 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'- I I' `~ _r1^I ~~_ i _ _.~ ' °~ 11 ~ 3 /' `~ih.{J 4.1 ~, M1,i., 1~~ ,~ ~ .yr I _v .. .m IM1 ~~ y-_~'_'. I ^_'11{.... ~ `}l _- ~'~ 1 '-~ IF F /`~ -~ • f... , ' .~F ~..I ~-~^' ~T+ t ,-r r ~~^' 1+~1^°i ' ~'•-~ 1 ,-1--_ I' I~..~ -"I I II ~ ~ I li ~I I~IIF1~-~fI~III~ J~ ~ /~ ~ ~~ I~~ ~ i L~ ~ p 1 Miles Subject Area • • • A& B24 • City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND Protect File DRC2005-00361 Related Files DRC2006-00444, DRC2007-00017 3 Description of Protect (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site features necessary for its implementation Attach additional sheets if necessary) ENVIRONMENTAL ASSESSMENT AND VICTORIA PLANNED COMMUNITY AMENDMENT DRC2006-00444 -CITY OF RANCHO CUCAMONGA - A request to amend the Victoria Planned Community Land Use Map and applicable text sections from High Density Residential to Mixed Use for consistency with the existing General Plan on 14 33 acres of land (commonly known as the Joseph Filippi Winery), located at 12467 Base Line Road -APN 0227-161-10, 0227-161-24 and 1089-581-04 Related Files Development Agreement DRC2005-00361 and Landmark Alteration DRC2007-00150 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT AND MASTER PLAN • DRC2005-00361 -PITASSI ARCHITECTS INC - A proposal to develop a master plan and development agreement to guide the development 14 33 acres of land (commonly known as the Joseph Filippi Winery), located at 12467 Base Line Road -APN 0227-161-10, 0227-161-24 and 1089-581-04 Related Files Victoria Planned Community Amendment DRC2006-00444, and Landmark Alteration DRC2007-00117 ENVIRONMENTAL ASSESSMENT LANDMARK ALTERATION DRC2007-00117 - PITASSI ARCHITECTS INC - A Landmark Alteration request to allow exterior modifications for architectural enhancements to the Historic Ellena -Regina Winery on 14 33 acres of land (commonly known as the Joseph Filippi Winery), located at 12467 Base Line Road -APN 0227- 161-10, 0227-161-24 and 1089-581-04 Related Files Development Agreement DRC2005-00361, and Victoria Community Plan Amendment DRC2006-0444 4 Protect Sponsor's Name and Address Pitassi Architects Inc 8439 White Oak Avenue, # 105 Rancho Cucamonga, CA 91730 5 General Plan Designation Mixed Use Zoning High Density Residential (Proposed Mixed Use) 7 Surrounding Land Uses and Setting (Briefly describe the project's surroundings) The site is located on the south side of Base Line Road approximately 550 feet east of Day Creek Boulevard and was heavily used during historic times as a winery and for agricultural development The site is still used as a winery There is existing single family, and commercial development to the north, single family residential to the south, and east, and commercial to the west A& B25 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 2 8 Lead Agency Name and Address City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact Person and Phone Number Larry Henderson (909) 477-2750 10 Other agencies whose approval is required (e g , permits, financing approval, or participation agreement) None GLOSSARY -The following abbreviations are used in this report CVW D -Cucamonga Valley Water District EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM,o -Fine Particulate Matter RWQCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District SW PPP -Storm Water Pollution Prevention Plan URBEMIS7G -Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than-Significant-Impact" as indicated by the checklist on the following pages (/) Aesthetics (/) Agricultural Resources (/) Air Quality ()Biological Resources (/) Cultural Resources (/) Geology & Soils ()Hazards & Waste Materials (/) Hydrology & Water Quality (/) Land Use & Planning ()Mineral Resources (/) Noise ()Population & Housing ()Public Services ()Recreation () Transportation/Traffic ()Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation (/) I find that the proposed project COULD NOT have a significant effect on the environment A NEGATIVE DECLARATION will be prepared () I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent A MITIGATED NEGATIVE DECLARATION will be prepared () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required J • A & B 26 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 3 • () I find that the proposed protect MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed () I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures tf}~t, re imposed upon the proposed project, nothing further is required Prepared By ~` Date / / ~ / CJ Reviewed By Date • A& B27 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 4 Less Than Signiticant Less Issues and Su ortin Information Sources hh g Potentially Signdicant w~,n Mtligauon Than Signdicant No Impact Incor orated 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 light or glare, () () (/) ( ) which would adversely affect day or nighttime views in the area Comments a) There are no significant vistas within or adtacent to the protect site The site is not within a view corridor according to General Plan Exhibit III-15 • b) The protect site contains no scenic resources and no historic buildings within a State Scenic Highway There are no State Scenic Highways within the City of Rancho • Cucamonga c) The site is located on the south side of Base Line Road approximately 550 feet east of Day Creek Boulevard and was heavily used during historic times as a winery and for agricultural development The site is still used as a winery There is existing single family and commercial development to the north, single family residential to the south, and east, and commercial to the west The visual quality of the area will not degrade as a result of this protect Design review is required prior to approval City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility Imes 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 security lighting used in the immediate vicinity The design and placement of light fixtures will be shown on-site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare Lighting will be selected and located to confine the area of illumination to within the protect site The impact is not considered significant 2 AGRICULTURAL RESOURCES Would the project a) Convert Prime Farmland, Unique Farmland, or () () (/) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural uses b) Conflict with existing zoning for agricultural use, or a () () () (/) Williamson Act contract r~ A&628 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 5 Less Than Signiticant Less Issues and Su ortin Information Sources PP g Potentially Signdicant With Mdigation Than SgniUcant No Impact Incorporated Impact Impact c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural uses () () () (/) Comments a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance The site is located on the south side of Base Line Road approximately 550 feet east of Day Creek Boulevard and was heavily used during historic times as a winery and for agricultural development The site is still used as a winery There is existing single family and commercial development to the north, single family residential to the south, and east, and commercial to the west There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2 The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful, therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan The General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a • Statement of Overriding Considerations was ultimately adopted by the City Council The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) There is no agriculturally zoned land within the City of Rancho Cucamonga There are no Williamson Act contracts within the City c) The site is located on the south side of Base Line Road approximately 550 feet east of Day Creek Boulevard and was heavily used during historic times as a winery and for agricultural development The site is still used as a winery There is existing single family and commercial development to the north, single family residential to the south, and east, and commercial to the west The nearest agricultural use is on-site and a significant amount of the site is being conserved for this purpose Therefore, no adverse impacts are anticipated • 3 AIR QUALITY Would the project a) Conflict with or obstruct implementation of the applicable air quality plan () () () (/) b) Violate any air quality standard or contribute () (/) () ( ) substantially to an existing or projected air quality violation c) Result in a cumulatively considerable net increase of () () () (/) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors A& B29 initial Study for DRC2005-00361 City of Rancho Cucamonga Page 6 Less Than Signficant Less Issues and Su ortin Information Sources PP g Potentially significant With MiLgation Than Significant No Impact Incorporated Impact tmoact d) Expose sensitive receptors to substantial pollutant () (/) () ( ) concentrations e) Create objectionable odors affecting a substantial () () () (/) number of people Comments a) As noted in the General Plan FEIR (Section 5 6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The proposed protect is consistent with the General Plan for which the FEIR was prepared and impacts evaluated b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions In addition, fugitive dust would also be generated during grading and construction activities While most of the dust would settle on or near the protect site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area Construction is an on-going industry in the Rancho Cucamonga area Construction workers and equipment work and operate at one development site until their tasks are complete They then transfer to a different site where the process begins again Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a prolect- speafic 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 ~s being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and protected equipment use Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the protect Contractors shall also conform to any construction measures imposed by the South Coast Air Duality Management District (SCAQMD) as well as City Planning Staff 3) All paints and coatings shall meet or exceed performance standards noted in SCA(~MD Rule 1113 Paints and coatings shall be applied either by hand or high volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCA(~MD Rule 1108 • • A&630 • Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 7 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signfcant With Mitigation Than Significant No Impact Incorporated Im act Impact 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site through seeding and watering • Pave or apply gravel to any on-site haul roads • • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling Timing may vary depending upon 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 SCA(~MD and Regional Water Gluality Control Board [RWQCB]) daily to reduce PMio emissions, in accordance with SCAQMD Rule 403 7) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactroe 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 URBEMIS7G model estimates in Table 5 6-4 of the General Plan FEIR, Nox, ROG, and PM~o would exceed SCAQMD thresholds for significance, therefore, would all be cumulatively significant if they cannot be mitigated on a 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 A & B 31 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 8 Less Than S~gni6cant Less Issues and Su ortin Information Sources hP g Potentially Significant With Miuga4on Than Signdicant No Impact Incorporated Impact Impact cannot be mitigated on a protect basis to a level less-than-significant The following mitigation measures shall be implemented 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i e , in excess of 10 minutes) 11) All industrial and commercial faal~ties shall designate preferential parking for vanpools 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolmk schedules m conspicuous areas 13) All industrial and commeraal site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolmk schedule to the extent reasonably feasible 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council c) As noted in the General Plan FEIR (Section 5 6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council The protect proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large The SCAQMD identifies the following as sensitive receptors long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic 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 is located more than 0 5 miles from the nearest sensitive receptor Therefore, no adverse impacts are anticipated Potential impacts to afr quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan During construction, there is the possibility of fugitive dust to be generated from grading the site The mitigation measures listed under b) above will reduce impact to less-than-significant levels e) Typically, the uses proposed do not create objectionable odors No adverse impacts are anticipated • A&632 • • Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 9 Less Than Sgndicant Less Issues and Su ortin Information Sources hP g Potentially Significant Wi,h MrtigaLon Than Significant No Impact Incorporated Impact Impact 4 BIOLOGICAL RESOURCES Would the project a) Have a substantial adverse effect, either directly or () () () (/) through habitat modifications on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service b) Have a substantial adverse effect on riparian habitat () () () (/) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service c) Have a substantial adverse effect on federally () () () (/) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means d) Interfere substantially with the movement of any native () () () (/) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites e) Conflict with any 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 an area developed with residential and commercial uses The site has been previously disrupted during winery and vineyard operations According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Pian b) The project site is located in an urban area with no natural communities No riparian habitat exists on-site, meaning the project will not have any impacts c) No wetland habitat is present on-site As a result, project implementation would have no impact on these resources • d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed No adverse impacts are anticipated A&633 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 10 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Sigrniicant With Mitigation Than Signrficant No Impact Incorporated Impact Impact e) There are heritage trees on the project site which are being retained, therefore, the proposed protect is not in conflict with any local ordinance f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation 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? d) Disturb any human remains, including those interred () () () (/) outside of formal cemeteries Comments a) The protect site has been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2 24 (Historic Preservation) The winery is designated a local landmark However the Proposal is to preserve and enhance the Winery Complex, therefore there will be no impact b) There are no known archaeological sites or resources recorded on the project site, however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5 11) Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources The following mitigation measures shall be implemented 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's archaeological heritage • • A&B34 Initial Study for DRC2005-00361 • • Propose mitigation measures and recommend conditions of approval to eliminate adverse prolect effects on significant, important, and unique prehistoric resources, following appropriate CEG1A guidelines Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the prolect area Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving c) The General Plan FEIR (Section 5 11) indicates that the Rancho Cucamonga area is on an alluvial fan According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the prolect site, however, the area has a high sensitivity rating for paleontological resources The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils The prolect site is underlain by Quaternary alluvium per General Plan Exhibit V-2, therefore, the following mitigation measures shall be implemented • 2) If any paleontological resource (i a plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i e , paleontological monitoring) that may be appropriate Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i e , San Bernardino County Museum) • Submit summary report to City of Rancho Cucamonga Transfer collected specimens with a copy of the report to San Bernardino County Museum d) The proposed prolect is in an area that has already been disturbed by development The prolect site has already been disrupted by the existing and winery operations No known religious or sacred sites exist within the prolect area No evidence is in place to suggest the prolect 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 City of Rancho Cucamonga Page 11 Less Than Significant Less Issues and Su ortin Information Sources ph g Potentially Sgndicant With Mdigation Than Sgnficant No Impact Incorporated Impact Impact A&635 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 12 Less Than Significant Less Issues and Su nOrtlnnn Information Sources pt' a Potentially Significant With Mitigation Than Significant No Impact Incorporated Impact Im act disposition pursuant to Public Resources Code Section 5097 98 As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site No adverse impacts are anticipated 6 GEOLOGY AND SOILS Would the protect 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 iQ Strong seismic ground shakings () () () (/) iii) Seismic-related ground failure, including O O O (/) liquefaction iv) Landslides () () () (/) b) Result in substantial soil erosion or the loss of topsoils () (/) () ( ) c) Be located on a geologic unit or soil that is unstable, () () () (/) or that would become unstable as a result of the 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 Pian FEIR The Red Hill Fault, passes within 1 5 miles north of the site, and the Cucamonga Fault Zone lies approximately 3 miles north These faults are both capable of producing MW 6 0-7 0 earthquakes Also, the San Jacinto fault, capable of producing up to MW 7 5 earthquakes is 10 miles northeasterly of the site and the San Andreas, capable of up to MW 8 2 earthquakes, is 12 miles northeasterly of the site Each of these faults can produce strong ground shaking Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant b) The proposed protect will require the excavation, stockpiling, and/or movement of on-site • soils The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion A&636 Initial Study for DRC2005-00361 • City of F~ancho Cucamonga Page 13 Less Than Signdicant Less Issues and Su ortin Information Sources PP g Potennally Signdicant w~tn Mitigation Than Signrficant No Impact Incorporated Impact Impact problems Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control, however, development of this protect under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than- significant levels 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAC~MD 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- stte Timing may vary depending upon time of year of construction 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such episodes 4) Chemical soil stabilizers (approved by SCAQMD and RWG1C6) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to • reduce PM,o emissions c) The General Plan FEIR (Section 5 1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer The project would not withdraw water from the existing aquifer The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5 1-2 Soil types on-site consist of TvC and TvB 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 TvC and Tv6 Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5 1-3 These soils are typically Loamy Sands 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 • 7 HAZARDS AND WASTE MATERIALS Would the project a) Create a significant hazard to the public or the () () () (/) environment through the routine transport, use, or disposal of hazardous materials b) Create ~ significant hazard to the public or the () () () (/) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment A & 6 37 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 14 Less Than Signdicant Less Issues and Su ortin Information Sources PP g Potentially Significant w~tn Mitigation Than SigniLcant No Impact Incorporated Impact Impact c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment e) For a protect located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the protect result in a safety hazard for people residing or working in the protect area f) For a protect within the vicinity of a private airstrip, () () () (/) would the protect result in a safety hazard for people residing or working in the protect area g) Impair implementation of or physically interfere with an () () () (/) adopted emergency response plan or emergency evacuation plan h) Expose people or structures to a significant risk of () () () (/) loss, intury or death involving wildland fires, including where wildlands are adtacent to urbanized areas or where residences are intermixed with wildlands~ Comments a) The protect will not involve the transport, use, or disposal of hazardous materials The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state The City 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 protect does not include the use of hazardous materials or volatile fuels The City participates in a countywide interagency coalition that is considered a full service 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) There are no schools located within 1/4 mile of the protect site The protect site is located within 0 56 miles of the nearest existing or proposed school Typically, the uses proposed do not create obtectionable odors No adverse impacts are anticipated However, at the time of occupancy the Planning Department will review each Business License for each A&638 Initial Study for DRC2005-00361 • City of Rancho Cucamonga Page 15 Less Than Significant Less Issues and Su ortin Information Sources pP g Potentially Signdicant w~ih Mitigation Than Signficant No Impact Incorporated Impact Impact tenant to determine the potential impacts to the surrounding residential uses and elementary schools No impacts are antiapated 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 plan and (is/is not) within 2 miles of a public airport Protect site is located approximately 3 miles northerly of the Ontario Airport and is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 21/2 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 project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated h) Rancho Cucamonga faces the greatest ongoing threat from awind-driven fire in the Urban • Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005, however, the proposed project site is not located within a h-gh fire hazard area according to General Plan Exhibit V-7 • 8 HYDROLOGY AND WATER QUALITY Would the project a) Violate any water quality standards or waste discharge () () (/) ( ) requirements b) Substantially deplete groundwater supplies or interfere () () () (/) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g ,the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted) c) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site d) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site A& B39 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 16 Less Than Significant Less Issues and Su ortin Information Sources Ph g Potentially Signficant With Mitigation Than Signfcant No Impact Incorporated Impact Impact 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) Project is designed to connect to existing water and sewer systems The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit The General permit requires all dischargers to comply with the following during construction activities, including site clearance and grading Develop and implement a Storm Water Pollution Prevention Plan (SW PPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation Perform inspections of all BMPs Waste discharges include discharges of storm water and construction project discharges A construction protect for new development or significant redevelopment requires an NPDES permit Construction project proponents are required to prepare a Storm Water Pollution Prevention Plan (SWPPP) To comply with the NPDES, the project's construction contractor will be required to prepare a Storm Water Pollution Prevention • • • A & B 40 Initial Study for DRC2005-00361 • City of Rancho Cucamonga Page 17 Less Than Signdicant Less Issues and Supporting Information Sources Potentially Sgrnficant with Miuga4on Than Signdicant No Impact Incorporated Impact Impact Plan (SW PPP) during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff 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 sedfinent 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 Actwities 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) 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 grading plan, and • implemented for the proposed protect that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading This erosion control plan shall include the following measures at a minimum a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced ~n southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this protect will be corrected through a remediation or restoration program within a specified time frame 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site Post- Construction Operational 5) The developer shall implement the BMPs identified in the Water Quality Management Plan to reduce pollutants after construction entering the storm dram system to the maximum extent practical 6) Landscaping plans shall include provisions for controlling and minim~z~ng 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 A & B 41 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 18 Less Than Sigrnficant Less Issues and Su ortin Information Sources hh g Potentially Significant With Mitigation Than Sigrn6cant No Impact Incorporated Impact Impact b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins CVWD has adopted a master plan that estimates demand needs until the year 2030 The proposed protect will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2 The development of the site will require the grading of the site and excavation, however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface As noted in the General Plan FEIR (Section 5 9), continued development citywide will increase water needs and is a significant impact, however, CVWD has plans to meet this increased need through the construction of future water facilities c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, the project will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The project design includes landscaping of all non-hardscape areas to prevent erosion A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits Therefore, the project will not result in substantial erosion or siltation on- or off-site The impact is not considered significant d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, the project will not alter the course of any stream or river All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticipated e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site, however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows The project will not result in substantial additional sources of polluted runoff A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits Therefore, increase in runoff from the site will not result in flooding on- or off-site No impacts are anticipated f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts The site is for new development or significant redevelopment, therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution The following mitigation measures shall be implemented 1) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Gluality Management Plan (WC~MP), including a protect description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WQMP shall identify the structural and non- • A& B42 structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 2) 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 protect site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5 No adverse impacts are expected • initial Study for DRC2005-00361 City of Rancho Cucamonga Page 19 Less Than Sgrnficant Less Issues and Su ortin Information Sources pp g Potentially Sigrnficant w~tn Mmgation Than Sgndicant No Impact Incorporated Impact Impact 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 t) There are no oceans, lakes or reservoirs near the protect site, therefore impacts from seiche and tsunami are not anticipated The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City 9 LAND USE AND PLANNING Would the project a) Physically divide an established community () () () (/) b) Conflict with any applicable land use plan, policy, or () () (/) ( ) regulation of an agency with turisdiction over the protect (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect c) Conflict with any applicable habitat conservation plan () () () (/) or natural community conservation piano Comments • a) The site is located on the south side of Base Line Road approximately 550 feet east of Day Creek Boulevard and was heavily used during historic times as a winery and for agricultural development The site is still used as a winery There is existing single family, and commercial development to the north, single family residential to the south, A & 6 43 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 20 Less Than Sigrnficant Less Issues and Su ortin Information Sources Pp g Potentially Sgndicant With Mitigation Than Significant No Impact Incorporated Impact Impact and east, and commeraal to the west This protect will be of similar design and size to neighboring development to the west and north The project will become a part of the larger community No adverse impacts are anticipated b) The project site land use designation is High Density Residential with a proposed amendment to Mixed Use to be consistent with the existing General Plan Designation The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection As such, no impacts are anticipated c) The project site is not located within any habitat conservation or natural community plan area According to the General Plan Exhibit IV-3, and Section 5 3 of the General Plan FEIR, the protect site is not within an area of sensitive biological resources, therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the 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 in the loss of availability of a locally important () () () (/) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan Comments a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure IV-1 and Table IV-1, therefore, there is no impact b) The site is not designated by the General Plan, Figure IV-1 and Table IV-1, as a valuable mineral resource recovery site, therefore, there is no impact 11 NOISE Would the project result in a) Exposure of persons to or generation of noise levels in () (/) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies b) Exposure of persons to or generation of excessive () () () (/) ground borne vibration or ground borne noise levels c) A substantial permanent increase in ambient noise () () () (/) levels in the project vicinity above levels existing without the prolect~ d) A substantial temporary or periodic increase in () (/) () ( ) ambient noise levels in the project vicinity above levels existing without the profect~ • • A & 6 44 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 21 Less Than Significant Less Issues and Su ortin Information Sources pp g Potentially Signdicant With Mdigation Than Significant No Impact Incor orated Impact Impact e) For a protect located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels f) For a protect within the vicinity of a private airstrip, () () () (/) would the project expose people residing or working in the protect area to excessive noise levels Comments a) The protect site is not within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out No adverse impact expected b) The uses associated with this type of project normally do not induce ground borne vibrations As such, no impacts are anticipated c) The primary source of ambient noise levels in Rancho Cucamonga is traffic The proposed activities will not significantly increase traffic, hence, are not anticipated to increase the ambient noise levels within the vicinity of the project • d) The General Plan FEIR (Section 5 7) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards The following measures are provided to mitigate the short-term noise impacts 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday 2) Construction or grading noise levels shall not exceed the standards specified m Development Code Section 17 02 120-D, as measured at the property 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 Offiaal If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted The preceding mitigation measures will reduce the disturbance created by on-site construction equipment, however, do not address the potential impacts because of the transport of construction materials and debris The following mitigation measures shall then be required 3) Haul truck deliveries shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction A& B45 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 22 Less Than Sigrnficant Less Issues and Su ortin Information Sources hh g Potentially Sigrnhcant With Mmgation Than Signdicant No Impact Incorporated Impact Impact traffic haul routes To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings e) The site is not located within an airport land use plan and Is not within 2 miles of a public airport Located approximately 3 miles northerly of the Ontario Airport and Is offset north of the flight path No impact is anticipated f) The nearest private airstrip, Cable Airport, is located approximately 21/2 miles to the west of the City's westerly limits No Impact is anticipated 12 POPULATION AND HOUSING Would the pro/ect a) Induce substantial population growth In an area, either () () () (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere c) Displace substantial numbers of people, necessitating () () () (/) the construction of replacement housing elsewhere Comments a) The protect is located in a predominantly developed area and will not induce population growth Construction activities at the site will be short-term and will not attract new employees to the area Once constructed, the proposed protect will have a limited number of employees, hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities No impacts are anticipated b) The protect site contains no existing housing units No adverse impact expected c) The protect site is mostly vacant land, with a large winery building No impacts are anticipated 13 PUBLIC SERVICES Would the protect result rn substantial adverse physical impacts associated with the provision of new or physrcally altered governmental facilities, need for new or physrcally altered governmental facilities, the construction of which could cause signrficanf environmental rmpacts, -n order to maintain acceptable service ratios, response times or other performance ob/ectives for any of the public services a) Fire protections () () () (/) b) Police protections () () () (/) c) Schools () () () (/) d) Parks () () () (/) e) Other public facilities () () () (/) • • A& B46 Initial Study for DRC2005-00361 • City of Rancho Cucamonga Page 23 Less Than Signrficant Less Issues and Su ortin Information Sources pp g Potentially Significant wnh Mitigation Than Significant No Impact Incorporated Impact Impact Comments a) The site located on the south side of Base Line Road approximately 550 feet east of Day Creek Boulevard and was heavily used during historic times as a winery and for agricultural development The site is still used as a winery There is existing single family, and commercial development to the north, single family residential to the south, and east, and commercial to the west The site would be served by a fire station located approximately 0 33 miles from the project site The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the protect so no impacts to fire services will occur No impacts are anticipated b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled c) The Etiwanda Elementary School District and the Chaffey Joint Union High School District serve the project area Both school districts have been notified regarding the proposed development A standard condition of approval will require the developer to pay the school impact fees With this standard mitigation, impacts to the School Districts are not . considered significant The project will be required to pay school fees as prescribed by State law prior to the issuance of building permits No impacts are anticipated d) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is located 0 51 miles from the project site The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities A standard condition of approval will require the developer to pay park development fees No impacts are anticipated e) The proposed project will utilize existing public facilities The site is in a developed area, currently served by the City of Rancho Cucamonga The protect will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities Cumulative development within Rancho Cucamonga will increase demand for library services According to the General Plan FEIR (Section 5 9 9), the 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 planned a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City A A & 6 47 initial Study for DRC2005-00361 City of Rancho Cucamonga Page 24 Less Than Significant less Issues and Su ortin Information Sources hh g Potentially SignifCant With Mdigation Than Significant No Impact Incorporated Im act Impact 14 RECREATION Would the protect 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 project include recreational facilities or () () () (/) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment Comments a) The site is in a developed area, currently served by the City of Rancho Cucamonga The nearest park is located 0 51 miles from the project site This project is not proposing any significant new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities A standard condition of approval will require the developer to pay park development fees No impacts are anticipated b) See a) response above 15 TRANSPORTATION/TRAFFIC Would the pro/ect a) Cause an increase in traffic, which is substantial m () () () (/) relation to the existing traffic load and capacity of the street system (i e , result in a substantial increase in either the number of vehicle trips, the volume to capaaty ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level of () () () (/) service standard established by the county congestion management agency for designated roads or highways c) Result in a change in air traffic patterns, including () () () (/) either an increase in traffic levels or a change m location that results in substantial safety risks d) Substantially increase hazards due to a design feature () () () (/) (e g , sharp curves or dangerous intersections) or incompatible uses (e g ,farm equipment) e) Result in inadequate emergency access () () () (/) f) Result in inadequate parking capacity () () () (/) g) Conflict with adopted policies, plans, or programs () () () (/) supporting alternative transportation (e g , bus turnouts, bicycle racks) Comments a) Implementation of the proposed project will generate 2326 vehicle trips daily The proposed project includes the development of 30 Artist Live/work units and 16,575 square feet of Restaurant uses The Rancho Cucamonga Traffic Model estimates that each Artist • • A& B48 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 25 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signdicant With Mitigation Than Sigrnfcant No Impact Incorporated Impact Impact Loft units will generate 183 trips daily and the 16,575 square feet of Restaurant space will generate 1,584 9 trips daily The balance of the trips is allocated to the existing Winery uses As noted in the General Plan FEIR (Section 5 5), continued development will contribute to the traffic load in the Rancho Cucamonga area The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated The project is in an area that is mostly developed with street improvements existing or included in project design The project will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits Fees are used to fund roadway improvements necessary to support adequate traffic circulation No impacts are anticipated • b) The Rancho Cucamonga Traffic Model estimates that each on the work live loft units will generate 20 1 two-way peak hour trips daily and the Restaurants 120 16 peak hour trips to November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of building permit The project is in an area that is mostly developed with all street improvements existing The project will not negatively impact the level of service standards on adjacent arterials The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site No impacts are anticipated c) Located approximately 3 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns No impacts are anticipated d) The project is in an area that is mostly developed The project will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site The project design does not include any sharp curves or dangerous intersections or farming uses The project will, therefore, not create a substantial increase in hazards because of a design feature No impacts are anticipated e) The protect will be designed to provide access for all emergency vehicles and will therefore not create an inadequate emergency access No impacts are anticipated f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity No impacts are anticipated C, g) The project design includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction (e g ,bus bays, bicycle racks, carpool parking, etc ) A & B 49 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 26 Less Than Significant Less Issues and Su ortin Information Sources PP g Potentially Signfcant With Mrogation Than Signihcant No Impact Incorporated Impact Im act 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 e) Result in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments f) Be served by a landfill with sufficient permitted () () () (/) capacity to accommodate the project's solid waste disposal needs g) Comply with Federal, State, and local statutes and () () () (/) regulations related to solid waste Comments a) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated b) The proposed project is served by the Cucamonga Valley Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater No impacts are anticipated c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits The impact is not considered significant • • d) The project is served by the Cucamonga Valley Water District water system There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project No impacts are anticipated A& B50 Initial Study for DRC2005-00361 • City of Rancho Cucamonga Page 27 Less Than Significant Less Issues and Supporting Information Sources Potentially Signrficant w~tn Mrtigahon Than Significant No Impact Incorporated Impact Impact 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 project complies with Federal, State, and local statutes and regulations regarding solid waste The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939 Therefore, no impacts are anticipated • 17 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the protect have the potential to degrade the () () () (/) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the mayor periods of California history or prehistory b) Does the project have impacts that are individually () () () (/) limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current protects, and the effects of probable future protects) c) Does the protect have environmental effects that will () () () (/) cause substantial adverse effects on human beings, either directly or indirectly Comments a) The site is 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 protect were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere of Influence The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources Mitigation measures were adopted for each of these resources, however, they would not reduce impacts to less-than-significant levels As A & B 51 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 28 such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)) These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact Proposed mitigation measures would further reduce emission levels Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D} The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (T) Victoria Planned Community EIR (Certified May 20, 1981) (T) Etiwanda Specific Plan EIR (SCH #82061801, certified July 6, 1983) A&B52 Initial Study for DRC2005-00361 City of Rancho Cucamonga Page 29 • APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study I acknowledge that I have read this Initial Study and the pro o tion measures Further, I have revised the protect plans or proposals and/or hereby ~ the p ed mitigation measures to avoid the effects or mitigate the effects to a point whe cle y no ig fi t environmental effects would occur Applicant's Sig ature ~ Date Print Name and Title p/T.A~' / ~1~/~~/O~A/7-~ • • A&B53 • .~- ~, - - City of Rancho Cucamonga x~_ ;- ~~' ~ MITIGATED NEGATIVE DECLARATION ~~~, The follow-ng M~t-gated Negative Declaration -s be-ng c-rculated for publ-c review -n accordance w-th the Cal-fornia Env-ronmenta/ Qual-ty Act Section 21091 and 21092 of the Public Resources Code Project File No Victoria Planned Community Amendment DRC2006-00444, Development Agreement and Master Plan DRC2005-00361, and Victoria Planned Community Landmark Alteration DRC2007-00117 Public Review Period Closes April 11, 2007 Project Name Project Applicant. Pitassi Architects Inc. Project Location (also see attached map) Located at 12467 Base Line Road - APN 0227-161-10, 0227-161-24 and 1089-581-04 Project Description A request to amend the Victoria Planned Community Land Use Map and applicable text sections from High Density Residential to Mixed Use for consistency with the existing General Plan and a proposal to develop a master plan and development agreement to guide the development of the 14 33 acres of land, and a Landmark Alteration request to allow exterior modifications for architectural enhancements to the Historic Ellena -Regina Winery (commonly known as the Joseph Filippi Winery) 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 project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment If adopted, the Mitigated Negative Declaration means that an Environmental Impact Report will not be required The factual and analytical basis for this finding is included in the attached Initial Study The 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 April 11, 2007 Date of Determination Adopted By A&654 • RESOLUTION NO 07-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00444, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN LAND USE MAP AND APPLICABLE TEXT SECTIONS FROM HIGH DENSITY RESIDENTIALTO MIXED USE FOR CONSISTENCY WITH THE EXISTING GENERAL PLAN ON 14 33 ACRES OF LAND (COMMONLY KNOWN AS THE JOSEPH FILIPPI W INERY), LOCATED AT 12467 BASE LINE ROAD - APN 0227-161-10, 0227-161-24 AND 1089-581-04, AND MAKING FINDINGS IN SUPPORT THEREOF A Rentals 1 The City of Rancho Cucamonga filed an application for Victoria Community Plan Amendment DRC2006-00444 as described in the title of this Resolution Hereinafter in this Resolution, the subject Victoria Community Plan Amendment is referred to as "the application " 2 On the 11th day of April 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 speafically 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 April 11, 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 b This amendment does promote the goals and objectives of the Victoria Community Plan, and A&655 PLANNING COMMISSION RESOLUTION NO 07-17 DRC2006-00444 -CITY OF RANCHO CUCAMONGA April 11, 2007 Page 2 • 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 Plan, and d The subject application is consistent with the objectives the Victoria Community e 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 adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the 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, 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 (n) 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 Planning Director of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750 5 Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Victoria Community Plan Amendment DRC2006-00444 by the adoption of the attached City Council Ordinance A & 6 56 PLANNING COMMISSION RESOLUTION NO 07-17 DRC2006-00444 -CITY OF RANCHO CUCAMONGA April 11, 2007 Page 3 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 11TH DAY OF APRIL, 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 11 day of April 2007, by the following vote-to-wit • AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS A&B57 • ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRC2006-00444, A REQUEST TO AMEND THE VICTORIA COMMUNITY PLAN LAND USE MAP AND APPLICABLE TEXT SECTIONS FROM HIGH DENSITY RESIDENTIAL TO MIXED USE FOR CONSISTENCY WITH THE EXISTING GENERAL PLAN ON 14 33 ACRES OF LAND (COMMONLY KNOWN AS THE JOSEPH FILIPPI WINERY), LOCATED AT 12467 BASE LINE ROAD - APN 0227-161-10, 0227-161-24 AND 1089-581-04, AND MAKING FINDINGS IN SUPPORT THEREOF A Recitals 1 On April 11, 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Victoria Community Plan Amendment DRC2006-00444 and, following the conclusion thereof, adopted its Resolution No 07-17, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment to the Victoria Planned Community Land Use Map and applicable text sections from high density residential to mixed use for consistency with the existing General Plan 2 On 2007, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on Victoria Community Plan Amendment DRC2006-00444 3 All legal prerequisites prior to the adoption of this Ordinance have occurred B Ordinance The City Council of the City of Rancho Cucamonga does ordain as follows SECTION 1 This City Council hereby specifically finds that all of the facts set forth in the Rentals, Part A, of this Ordinance are true and correct SECTION 2 Based upon substantial evidence presented to the City Council during the above-referenced public hearing on , 2007, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows a This amendment does not conflict with the Land Use Polices of the General Plan and will provide for development, within the district, m a manner consistent with the General Plan and with related development, and b This amendment does promote the goals and objectives of the Victoria Community Plan Amendment, and c The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicnity, and A& B58 CITY COUNCIL ORDINANCE NO DRC2006-00444 -CITY OF RANCHO CUCAMONGA Page 2 . d The subject application is consistent with the objectives the Victoria Community Plan Amendment, and e The proposed amendment is in conformance with the General Plan SECTION 3 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 City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows a Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the 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, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration b The City Council 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 City Council 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 City Council's decision is based is the Planning Director of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750 SECTION 4 The Victoria Community Plan is hereby amended to change the Land Use Map, as shown in the attached Exhibit A SECTION 5 The Victoria Community Plan is hereby amended to read, m words and figures, as shown in Exhibit B A&B59 CITY COUNCIL ORDINANCE NO DRC2006-00444 -CITY OF RANCHO CUCAMONGA • Page 2 SECTION 6 If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent furisdiction, or preempted by legislative enactment, such deasion or legislation shall not affect the validity of the remaining portions of this Ordinance The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation SECTION 7 The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general arculation published in the City of Ontario, California, and circulated m the City of Rancho Cucamonga, California • A& 660 e'. ' '' •- . y, ~~' s, ~;:: v _ 3 t _ bl r ~ ~ 'fir;, s:, r' `1 ~ . iM i e~ ....._. ~ n r ~ ~ i ~ ~ zs I '::~-~.5''~~i•I.~~~~ ~ Stf~ r X ~ § V~ mod. ~~ ~ e,.~......L. ~~~ ~~-~ ~ ~ ~ % _ ` ,~ .~ ~"~s? n x~ ~" / •~ ~ ~ 'VSa[(t~R'C9lnpleSi- ~' '~+ _. '~~.. __ .v ~~i A SPFEYIPU§ Per]' ~ y s!r- - ~ '~,. '~ ~ ~ ~~ _ -f> '~~~ '" i.. ~&~.~ . > ,~ ~. ~~ g ~ ~, s, ~ ~ ~;~ ~'F; ~ ,6 tY1 ......~~~-~..~~...--:-~dGBAJGf.'P~J¢iausWi+ ~~...`_.,_'~"°~'..~ t ° f ~., .s, ~ - .~ EKrsfirtq-'QlanaiY. e . 4k. - ~ ~ ~ water ~Ra~t~ooAraes ~~ ~.r ~+.-a..m % ~ Y ~ ~ ~` ~^ '` . ~ ~~ ir~~~•~,'~ ~~ ~ w~ ~,,...~„~,.~ f _y. __ -i 4 ~ 1 ~~1 .+'C d+(... 3 4 '~ • t? `~ ' "rte ~~ ~~, ~ ~ ~ - lyr-' ~ r F '~'A 1 i rYi • ~ \ t t , ,~,,,. '` ~,~' ~; 200 • _p ~~~~ • ~~~ Feef k ~ ~ y~ ~. . .VIC1O.R.1~ f'"ALA:Nt~1,~D'CEO.NfIVI;l1~f~'IrTY:A~'(.ND•~~Vf'~'NT DRC'200`'6-OQ444~ _ -, _ Nm ~ t rk. ; ~'~, .•.,. .• 'C~'h~a~igrin,~~~~e•~L•a~nd Use,.~Ula-p ~ ~ ~ . ~;~;~ ~- •' ~4 - f,GO~ii:H°~~g~h~De.~:~~y Res'id;e~r=tal to ~1llj'~ced _. _~ • . • ~ . . ' j x . ' ~ ~ I ~: ~ ~ ~ ~ ' ~ ~' i .. ~ , ~~~~~~ ,.......,,~b~.~e,~.7:La..r~.f9w~.°~a,~~5..a.~ ~~.rib..'~. --...., ~ ,.:~,Pn..:.~ _..n _.,, •. _a.»o. .~ .....,~~:sn.:: ~a':..~...,~..t~e:,wSk~:.t:1o..,,._,..M... -.._. ,~3it~._~_ -s.. ,. ..~r.,~xw' _~ Exhibit B The text of the Victoria Community Plan is hereby amended to add the following provisions Land Uses and Development Standards for the J Filippi Winery Permitted Uses Restaurant without cocktail lounge or entertainment (a) A restaurant, as such term is defined in paragraph (b) of this section, of not less than 3,000 square feet nor more than 7,000 square feet of indoor dining space and not more than 3,600 square feet of outdoor dining space shall be a permitted use on the J Filippi Winery Site subject to the following operational and development standards (i) The restaurant shall feature Cucamonga wines, Cucamonga Valley grown wines, and Chateau Reynier Bordeaux wines on their menus/wine lists A minimum of 25% of the wines offered would be from Rancho Cucamonga (ii) The restaurant chefs and J Filippi Vintage Company shall collaborate in establishing detailed food/wine pairing information on menus, as well as featuring weekly recipes prepared with J Filippi and/or Chateau Reynier wines (iii) The restaurant shall be one of the featured caterers of the J Filippi Winery banquet room (iv) The restaurant shall host wine education events, including winemaker luncheons and dinners with Chef(s) and Winemaker(s) not less than four times per calendar year (v) The restaurant shall host "meet the wine educator" tastings not less than four times per calendar year (vi) The restaurant shall host wine events featuring local colleges (Chaffey, Cal Poly Pomona, University of Laverne, the Claremont Colleges, including the Claremont Graduate School, etc ), historical associations (Etiwanda), and art associations (Chaffey Community Art Assoaation) not less than four times per calendar year (vii) The restaurant shall host regional wine tasting competitions, seminars, lectures, etc, not less than four times per calendar year (viii) The restaurant shall host "Cooking with Wine" classes (ix) The restaurant shall participate in custom wine-making projects (x) There shall be winery displays in the restaurant (xi) The restaurant shall have wine and vineyard artifacts on display (b) Definition of "restaurant " For purposes of this section, a "restaurant" shall mean an establishment that serves food to customers in a sit-down setting based on printed menus and where the food is served to customers at their table by waiters and A&662 waitresses For purposes of this section, the term "restaurant" does not include a nightclub, a bar serving food, a coffee shop, a sandwich shop, or a pizza or ice- cream parlor (c) Timing of Events at Restaurant The dates and times of day on which specified events, as listed in paragraph (b) occur on Site shall be coordinated in such a way so as to ensure that there will be adequate parking available for the public on Site A Temporary Use Permit shall be obtained from the City for speafied events 2 Artists' Live/Work Lofts (a) Artist Live/Vl/ork Loft defined An artist live/work loft shall mean a leaseable unit within which an artist has a living space, including a kitchen, bathroom and bedroom, and an artist's studio Depending on the location of the unit in the structure, the artist's studio may be used as a retail art gallery space for work produced by that artist or other artists on the Site No person may lease or occupy an artist live/work loft unless he or she is an artist producing art on the Site or is a member of that artist's immediate family or living unit (b) Artist defined The term "artist" for purposes of an occupant in an artist live/work unit shall be defined as including any of the following non-amplified musical performance, composition, and individual instruction including but not limited to classical acoustical guitar, violin, piano, fine art painters, illustrators, sculptors, ceramic artists, authors/writers, woodworkers, photographers, jewelers, archivists/curators, fashion designers, interior designers, stained glass designers, graphic artists, and craft makers (c) Winery and Artists Relationship In order to facilitate a successful economic relationship between the winery and the artists on Site, the Winery shall produce art exhibits and shows in the gallery, in the outdoor paseo areas and in the winery and restaurants, m coordination with artists, local colleges, art assoaations and art/historical foundations Events shall be designed to promote the artists, restaurants, and winery and may include hosted tours of the vineyards, picnics in the park, outdoor or indoor receptions, wine tasting events featuring artists' work, etc Not less than four such events shall occur on Site each calendar year The date and time of day of the events shall be coordinated m such a way so as to ensure that there will be adequate parking available for the public on Site A Temporary Use Permit shall be obtained from the City for specified events 3 Winery Facilities As permitted under Conditional Use Permit 94-77, the existing winery facility will continue to grow, produce, bottle, age and distribute wine products The retail sale and tasting of wine shall continue on Site along with the banquet facility with catering kitchen Public exhibition of artifacts within the winery shall continue on Site Conditionally Permitted Uses The following uses are conditionally permitted on the Site and shall be subject to the issuance of a conditional use permit by the City A restaurant with cocktail lounge or bar serving distilled spirits, subject to the operational requirements for "restaurants without cocktail lounges or entertainment" as provided herein A& B63 2 A restaurant with entertainment, as defined in Municipal Code Section 5 12 020, subject to approval of an Entertainment Permit, and subject to the operational requirements for • "restaurants without cocktail lounges or entertainment" as provided herein Development Standards Setbacks, Design Guidelines and Landscape Guidelines The front, side, and rear setbacks for all dwelling units and commercial structures shall as follows as set forth m Master Plan, Exhibit D attached hereto and in all other cases established under the Victoria Planned Community Plan, and City Development Code 2 Standards and Restrictions Pertaining to Development of the Real Property The following specific restrictions shall apply to the use of the Winery Land pursuant to this Development Agreement (a) The final design of individual buildings shall be subject to a City approved Development Review procedure, to be applied for by the Winery, and (b) The maximum number of required off-street parking spaces shall be as shown on the Master Plan tabulation under "required parking", and (c) The minimum private open space requirement for the live/work artist loft units shall be 200 s f /unit, unless a smaller amount is approved for a particular unit pursuant to the Development Review process, and (d) The minimum structural setbacks from interior drive aisles, and between adjacent • structures shall be as shown on the Winery Master Plan, and (e) The quantity, timing of planting, location and development of "Vineyard Land" shall be as shown on the Winery Master Plan (Exhibit "C"), subject to the requirements of the New Ground Lease These areas shall serve to satisfy the requirements m Exhibit A of the New Ground Lease for "Vineyard Land" only if Exhibit A to the New Ground Lease amended to so provide Signage Developer shall develop a uniform sign program consistent with the provisions Development Code Section 17 10 060 (C)(3), which shall be reviewed and approved by City in conjunction with the Master Plan for the Site Phasing Developer shall provide a phasing plan for the development of the Site that provides for benchmarks for completing improvements to the existing bu~idings on Site m conjunction with the development of new structures on Site The phasing plan shall be reviewed and approved by City in conjunction with the Master Plan for the Site A& B64 • RESOLUTION NO 07-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DEVELOPMENT AGREEMENT AND MASTER PLAN DRC2005-00361, A PROPOSAL TO DEVELOP A MASTER PLAN AND DEVELOPMENT AGREEMENT TO GUIDE THE DEVELOPMENT OF THE 14 33 ACRES OF LAND (COMMONLY KNOW N AS THE JOSEPH FILIPPI WINERY), LOCATED AT 12467 BASE LINE ROAD - APN 0227-161-10, 0227-161-24 AND 1089-581-04, AND MAKING FINDINGS IN SUPPORT THEREOF A Recitals 1 Pitassi Architects Inc filed an application for Development Agreement and Master Plan DRC2005-00361, as described in the title of this Resolution Hereinafter in this Resolution, the subject Development Agreement and Master Plan is referred to as "the application " 2 On the 11th day of April 2007, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date 3 The subject property of the application is legally described herein w 4 A true and correct copy of the proposed application is attached as Exhibit A to this Resolution 5 The Planning Commission has reviewed and considered the associated Initial Study prepared for said project 6 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 This Commission hereby spenfically finds that the application and each and every term and provision contained therein conform to the General Plan of the City of Rancho Cucamonga 3 Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows A & 6 65 PLANNING COMMISSION RESOLUTION NO 07-18 DRC2005-00361 - PITASSI ARCHITECTS INC April 11, 2007 Page 2 • a Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the protect Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the protect would have a significant effect on the environment Based on that determination, a Mitigated Negative Declaration was prepared Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration b The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA, and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the protect will have a significant effect on the environment The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent tudgment and analysis of the Planning Commission Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration c The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the protect that has been prepared pursuant to the requirements of Public Resources Code Section 21081 6 and finds that such Program is designed to ensure compliance with the mitigation measures during protect implementation The Planning Commission therefore adopts the Mitigation Monitoring Program for the protect d The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750 4 Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3 above, this Commission hereby approves the application subtect to each and every condition set forth below Engineering Department 1) Base Line Road frontage existing improvements are to be protected including, but not limited to, curb and gutter, sidewalk, streetlight and signage including the westerly "Joint Use" driveway with the adtacent development to the west 2) Provide a "Joint Use" access agreement with the development to the west 3) Fees due prior to receiving building permit (subtect to periodic increases) a) Transportation - $5,487 per thousand square feet of building b) General City Drainage - $16,770 per net acre A&B66 • PLANNING COMMISSION RESOLUTION NO 07-18 DRC2005-00361 - PITASSI ARCHITECTS INC April 11, 2007 Page 3 Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications Maintenance records shall be available at the construction site for City verification 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 bythe South Coast Air Qualify Management District (SCAQMD) as well as City Planning Staff • 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113 Paints and coatings shall be applied either by hand or high volume, low-pressure spray 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108 5) All construction equipment shall comply with SCAQMD Rules 402 and 403 Additionally, contractors shall include the following provisions • Reestablish ground cover on the construction site through seeding and watering • Pave or apply gravel to any on-site haul roads • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods • 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 time of year of construction A& B67 PLANNING COMMISSION RESOLUTION NO 07-18 DRC2005-00361 - PITASSI ARCHITECTS INC April 11, 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 SCAQMD and Regional Water Quality Control Board [RWOCB]) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403 7) Chemical soil stabilizers (approved by SCAQMD and 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 industrial and commercial faalities shall post signs requiring that • trucks shall not be left idling for prolonged periods (i e , in excess of 10 minutes) 11) All industrial and commercial facilities shall designate preferential parking for vanpools 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping • A& 668 PLANNING COMMISSION RESOLUTION NO 07-18 DRC2005-00361 - PITASSI ARCHITECTS INC April 11, 2007 . Page 5 Cultural Resources 1) if any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study With the assistance of the archaeologist, the City of Rancho Cucamonga will • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point • Pursue educating the public about the area's archaeological heritage • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, • important, and unique prehistoric resources, following appropriate CEQA guidelines • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving 2) If any paleontological resource (i e plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study The paleontologist shall submit a report of findings that will also provide speafic 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 A&669 PLANNING COMMISSION RESOLUTION NO 07-18 DRC2005-00361 - PITASSI ARCHITECTS INC April 11, 2007 Page 6 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 Geology and Sor/s 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWOCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site Timing may vary depending upon 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 RWOCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions Hydrology and Water Qua/~ty Construction Actwit~es 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical 2) An erosion control plan shall be prepared, included m 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 follow-ng 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 A& 670 PLANNING COMMISSION RESOLUTION NO 07-18 DRC2005-00361 - PITASSI ARCHITECTS INC • April 11, 2007 Page 7 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site Post- Construction Operational 5) The developer shall implement the BMPs identified in the Water Quality Management Plan 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/pestiades/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 Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004 8) Prior to issuance of grading or paving permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board Evidence that this has been obtained (i e , a copy of the Waste Discharger's Identification Number} shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit Noise 1) Construction or grading shall not take place between the hours of 8 00 p m and 6 30 a m on weekdays, including Saturday, or at any time on Sunday or a national holiday A & B 71 PLANNING COMMISSION RESOLUTION NO 07-18 DRC2005-00361 - PITASSI ARCHITECTS INC April 11, 2007 Page 8 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17 02 120-D, as measured at the property line Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17 02 120 Monitoring at other times may be required by the Building Official Said consultant shall report their findings to the Building Official within 24 hours, however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted 3) 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 • 5 This Commission hereby recommends approval of the Development Agreement attached • hereto as Exhibit A 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2007 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY ATTEST Pam Stewart, Chairman James R Troyer, ACIP, 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 11th day of April 2007, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS A&B72 • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No DRC2005-00361 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration/Environmental Impact Report for the above- listed project This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081 6 of the Public Resources Code) Program Components -This MMP contains the following elements 1 Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project 2 A procedure of compliance and verification has been outlined for each action necessary This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported • 3 The MMP has been designed to provide focused, yet flexible guidelines As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program Program Management -The MMP will be in place through all phases of the project The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation Each City department shall ensure compliance of the conditions (mitigation) that relate to that department Procedures -The following steps will be followed by the City of Rancho Cucamonga 1 A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant 2 A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified 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 A&B73 Mitigation Monitoring Program DRC2005-00361 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 oraddition of mitigation measures The project planner is responsible for approving any such refinements or additions An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel • 7 The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring The project planner or responsible City department has the authority to hold issuance of a business • license until all mitigation measures are implemented 8 Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time 9 In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City Said plan shall identify the reporter as an individual qualified to know whetherthe particular mitigation measure has been implemented The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits • A& 674 • • • U Z .-. 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U m ~ lL c O .a Q N Y V .C U O d Y O • • J A&682 Planning Standard Conditions MFR (Master) ,.,.-,.- ~o.. ~ ~~ Rancho Cucamonga Fire Protection ' i District II s~ e v ,,_w~. ~ Fire Construction Services STANDARD CONDITIONS June 13, 2006 RC Redevelopment agency 12427 Baseline Rd DRC2006-00361 & DRC2006-00444 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced nn this document can be access on the web at http //wvw,r ci rancho-cucamon a 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 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 mmulti-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 1 At the entrance(s) to a residential project from the public roadways 2 At intersections 3 On the right side of the street, whenever practical and possnble 4 As required by the Fire Safety Division to meet operational needs of the Fire Distract 5 A minimum of forty-feet (40') from any bunlding 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 facnhty or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided d Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof FSC-2 Fire Flow 1 The required minimum fire flow for this project, when automatic fire sprinklers are installed is 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 m accordance with NFPA 13 or 13R with central station monitoring This requirement is made in accordance wrath the Cahfornna Fire Code Appendix III-A, as adopted by the Fire District Ordinances The required minimum fire flow for structures located m 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 A & 6 83 4 Public fire hydrants located within a 500-foot radius of the proposed project maybe used to provide the required fire flow subject to Fire Distract review and approval Private fire hydrants on adjacent property shall not be used to provide required fire flow 5 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. 6 On all site plans to be submitted for review, show all fire hydrants located within 600-feet of project site the proposed FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1 Praor to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit lans specifications and calculations for the fire sprinkler system underground su 1 i m A royal of the underground supply piping system m 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 Distract Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed m 1 Multifamily structures greater than 7,500 square feet 2 Multi-family residential structures in excess of 4 units 3 All structures that do not meet Fire Distract access requirements (see Fire Access) 4 When required fire flow cannot be provided due to inadequate volume or pressure 5 When the building access does not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access -Fire Lane Standard #9-7 6 When any applicable code or standard requires the structure to be spranklered FSC-5 Fire Alarm System 1 RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) re uires an automatic and/or manual fire alarm system Refer to RCFPD Ordinances 15 and 39, the Cal ~ornia Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code 2 Pnor to the installation of the fire alarm system, Fire Construction Services' approval and a buildin must be obtained Plans and specifications shall be submitted to Fire Construction Services in accordancelt with RCFPD Fire Alann Standard #10-6 FSC-6 Fire District Site Access Fire Distract access roadways include public roads, streets and highways, as well as pnvate roads street aisles and/or designated fire lanes Please reference the RCFPD Fire Department Access -Fire Lanes St drive #9-7 andard 1 Location of Access All portions of the structures 1 S` story exterior wall shall be located within 15 - Fire Distract vehicle access, measure on an approved route around the exterior of the buildin Lands~eet of areas, unpaved changes in elevation, gates and fences are deemed obstructions g aped 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 pnvate 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% 1 Support a minimum load of 70,000 pounds gross vehicle weight (GVW) A & 26 84 J Trees an~ shrubs planted adJacent to the fire lane shall be kept trimmed to a m inches from the ground up Vegetation shall not be allowed to obstruct Fire De i~ of 14-feet, 6- 3 Access Doorwa s Y Approved doorways, accessible without the use of a ladder, shat be prov ded~i'ntus accordance with the 2001 California Building Code, Fire and/or any other ap licable st 4 Access Walkways Hardscaped access walkways shall be provided from t all required building exterior openings p andards • 5 Residential gates installed across Fire Distri he fire apparatus access road to ct access roads shall be installed in accordance with RCFPD esidential Gate Standard #9-1 The followin desi a Prior to the fabrication and installation of the gat~esrplans are req aped to be subm rtted to Fire Construction Services (FCS) for approval Upon the completion of the installation the gates m service, inspection and final acceptance must be requested from FCS and before placing b Gates must slide open horizontally or swing inward c Gates may be motorized or manual d When fully open, the minimum clearance dimension of drive access shall be 20 e Manual gates must be equipped with a RCFPD lock available at the Fire Safet Off f Motorized gates must open at the rate of one-foot per second Y ice for $20 00 g The motorized gate actuation mechanism must be equipped with a manual ovemde safe or battery backup feature to open the gate or release the locking Mechanism m device and afail- faslure or mechanical malfunction case of power h Motorized gates shall be equipped with a Knox ovemde key switch The sw outside the gate in a visible and unobstructed location itch must be installed 1 For motorized gates, a traffic loop device must be installed to allow exitin from traffic pre-emption devices (TPD) are to be installed, the device, location and o eraticomplex If approved by the Fire Chief prior to mstallation Bi-directional or multiple sensors ma be to complexity of the various entry configurations p on must be 6 Fire Lane Identification Red curbing and/or si Y required due the proposed delineation that meets the m1mmum Fnr~ D strict standards shall bees A site plan illustrating architectural plans submitted to B&S for approval ncluded in the • Approved Fire Department Access: Any approved mite ati plan A copy of the approved Alternative Method applica~on~ f applicable mu be clearly noted on the site architectural plans submitted to B&S for plan review t be reproduced on the 6 Roof Access: There shall be a means of fire department access from the exte to the roofs of all commercial, industrial and multi-family residential structures wit above the level of the fire access road nor Falls of the buildings on a Tlis access must be reachable by either fire de artmen h roofs less than 75' P t ground ladders or by an aerial ladder b A minimum of one ladder point with a fixed ladder shall be provided m bui features, or high parapets that inhibit roof access ldmgs with construction c The number of ladder points may be required to be increased, dependin on the configuration g building size and d Regardless of the parapet height or construction features the approved ladde in accordance to the roof access standard r point shall be identified e Where the entire roof access is restricted by high parapet walls or other obstruc mounted access ladder is required bons, a permanently f Multiple access ladders may be required for larger buildings g Ladder construction must be in accordance with the RCFPD Roof Access Stand and drawings 9-9a and 9-9b and 9-9 Appendix A h A site plan showing the locations of the roof ladder shall be submitted dun 1 Ladder points shall face a fire access roadway(s) rig plan check FSC-10 Occupancy and Hazard Control Permits are those Fire Code permits co construction Plan check submittal is requ red w th theepern t a e 1 catioss operatsons and/or building Pp n for approval of the pernit, field A &36 85 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 maybe hazardous to life or property • Battery Systems • • Candles and open flames m public assemblies • Compressed Gases • Public Assembly • Cryogenics • Dry Cleaning Plants • Refrigeration Systems , • Repair Garages • Flammable and Combustible Liquids • Spra}nng or Dipping Operations • Hazardous Materials • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings FSC-11 Hazardous Materials -Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga 1 If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan California Government Code, Section 65850 2 prohibits the City from issuing a final Certificate of • Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility 2 Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property m writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials m accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted The request must be submitted on the Fire Distract "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: A&686 4 1 Private Water Supply (Fire) Systems The applicant shall submit construction plans, specifications, flow test data and calculations for the pnvate water main system for review and approval by the Fire District Plans and installation shall comply with Fire District Standards Approval of the on-site (pnvate) fire • underground and water plans is required pnor 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 pnor to delivering any combustible framing matenals to the site Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped 2 Public Water Supply (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 pubhc fire hydrants shall be installed, flushed and operable pnor to delivering any combustible framing matenals to the site CCWD personnel shall inspect the installation and witness the hydrant flushing Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD 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 PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed m accordance with Fire Construction Services' ~emporary Power Release Checklist and Procedures" PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1 Hydrant Markers All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway m accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers" On pnvate 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 luring 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 Pror to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services 4 Fire Sprinkler Monitoring Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services The fire sprinkler momtonng system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power) 5 Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed m service Fire Alarm System Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services 7 Access Control Gates Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted m accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services A&687 8 Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of • enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways 9 Address: Pnor 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 penods of darkness The numbers shall be visible from the street When building setback from the public roadway exceeds 100-feet, additional 4-inch numbers shall be displayed at the property entry 10 Address: Pnor to the issuance of a Certificate of Occupancy, commerciaUmdustnal and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during penods 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 11 Fuel Modification Please refer to RCFPD Summary of Fire Hazardous Area requirements 12 Hazardous Materials Pnor to the issuance of a Certificate of Occupancy, the applicant must demonstrate (m wasting from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division The applicant must also obtain inspection and acceptance by Fire Construction Services 13 Confidential Business Occupancy Information The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form This form provides contact information for Fire District use m the event of an emergency at the subject building or property This form must be • presented to the Fire Construction Services Inspector 14 Mapping Site Plan Pnor to the issuance of a Certificate of Occupancy, a 8 %" x 11" or 11" x 17" site plan of the site m accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard The site plan must be reviewed and accepted by the Fire Inspector A&688 • ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING DEVELOPMENT AGREEMENT AND MASTER PLAN DRC2005-00361, A PROPOSAL TO DEVELOP A DEVELOPMENT AGREEMENT AND MASTER PLAN TO GUIDE THE DEVELOPMENT OF THE 14 33 ACRES OF LAND (COMMONLY KNOWN AS THE JOSEPH FILIPPI WINERY), LOCATED AT 12467 BASE LINE ROAD - APN 0227-161-10, 0227-161-24, AND 1089-581-04, AND MAKING FINDfNGS IN SUPPORT THEREOF A Recitals California Government Code Section 65864 provides, in pertinent part, as follows "The Legislature finds and declares that (a) The lack of certainty in the approval of development protects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning, which would make maximum efficient utilization of resources at the least economic cost to the public (b) Assurance to the applicant for a development protect, that upon approval of the protect, the applicant may proceed with the protect in accordance with existing policies, rules • and regulations and, subtect to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development " 2 California Government Code Section 65865 provides, in pertinent part, as follows "(a) Any aty may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article " 3 California Government Code Section 65865 2 provides, in part, as follows "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for uses and to the density or intensity of development et forth m the agreement " 4 Attached to this Ordinance, marked as Exhibit A and incorporated herein by this reference, is proposed Development Agreement and Master Plan DRC2005-00361, concerning that property located at 12467 Base Line Road, and legally described in the attached Development Agreement Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit A is referred to as the "Development Agreement " A& B89 CITY COUNCfL ORDINANCE NO DRC2005-00361 - PITASSI ARCHITECTS INC *'"~'", 2007 Page 2 5 On April 11, 2007, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the application and concluded said hearing on that date and recommended approval through adoption of its Resolution No 07-18 6 On 2007, the City Counnl of the City of Rancho Cucamonga conducted a duly noticed public hearing regarding the application 7 All legal prerequisites prior to the adoption of this Ordinance have occurred B Ordinance NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows SECTION 1 This Council hereby spenfically finds that all of the facts set forth in the Rentals, Part A, of this Ordinance are true and correct SECTION 2 Based upon the facts and information contained in the record of this protect, the City Counnl makes the following findings and statements, and takes the following actions, pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq ) • 1 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 City Counnl finds that there is no substantial evidence that the protect will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and -ncorporated herein by this reference, based upon the findings as follows a Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the protect Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the protect would have a significant effect on the environment Based on that determination, a Mitigated Negative Declaration was prepared Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration b The City Council 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 City Counnl further finds that the Mitigated Negative Declaration reflects the independent tudgment and analysis of the City Council Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration • A&B90 CITY COUNCIL ORDINANCE NO DRC2005-00361 - PITASSI ARCHITECTS INC "'"`"` 2007 • Page 3 c The City Councii 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 afl other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750 SECTION 3 The City Council find that the Development Agreement does comply with the requirements of California Government Code Sections 65865 through 65869 5 in that the Development Agreement does specify in detail and contains the following a Provisions are included in Section 3(A) of the Development Agreement requiring periodic review and the Agreement at least ever twelve months, at which time the applicant shall be required to demonstrate good faith compliance with the terms of the Agreement (California Government Code Section 65865 1) • b The duration of the Development Agreement is specified in the Definitions Section of the Agreement as being for fifteen (15) years (Government Code Section 65865 2) c The permitted uses of the property, the density, and intensity of use, the maximum height, and size of the proposed structures, and other required provisions are referred to in the Victoria Community Plan Amendment, shown as Exhibit C of the Development Agreement (Government Code Section 65865 2) d The Development Agreement includes conditions, terms, restrictions, and requirements for subsequent discretionary actions in Section 5 of the Agreement (Government Code Section 65865 2)/ e The Development Agreement includes the establishment of such use and development rights in and the preservation of such land use and planning controls affecting the site The developer will also apply for subsequent approvals including, but not limited to, a landmark alteration permit and design/development review (Government Code Section 65865 2) SECTION 4 Based upon substantial evidence presented during the above-referenced public hearings on 2007, including written and oral staff reports, together with public testimony, this Council hereby specifically finds that the Development Agreement will provide for development which is consistent with the Rancho Cucamonga General Plan The City Council bases its findings of consistency with the General Plan on the fact that the project entitlements specified in the Development Agreement provided for the development of the project will further the comprehensive planning objectives contained within the Existing Land Use Regulations and will result in public benefits, including the following A & B 91 CITY COUNCIL ORDINANCE NO DRC2005-00361 - PITASSI ARCHITECTS INC *"""", 2007 Page 4 a Restoring and improving the historical Regina Winery buildings, and b Providing land that is permanently maintained and cultivated as a vineyard, and c Providing short-term construction employment and long-term permanent employment opportunities in the City, and d Enhancing the prominence and visibility of the viticulture and winemaking history of the City, and e Facilitating the further renovation and development of the site so as to provide a place for community events and viticulture education for the community, and f Further developing an historical site in the City that will attract tourists and generate spending and additional economic activities and fiscal benefits to the City g The fact that the proposed uses set forth in this Development Agreement are compatible with the character of the existing development in the vicinity, and that the Development Agreement is consistent with the intent of the General Plan to preserve and enhance historic elements, buildings, and sites SECTION 5 Based on substantial evidence presented during the above-referenced • public hearings on 2007, including written and oral staff reports, together with public testimony, this Council hereby specifically finds that upon the adoption of Victoria Community Plan Amendment DRC2006-00444, the Development Agreement will provide for development which is consistent with the Victoria Community Plan SECTION 7 This Council hereby approves Development Agreement DRC2003-00361, attached hereto as Exhibit A, subject to the condition that the Development Agreement shall not become effective unless and until Victoria Community Plan Amendment DRC2006-00444 has been reviewed and approved by the City Council and have taken effect SECTION 8 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published rn the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California Upon the effective date of this Ordinance and satisfaction of the provisions contained in Section 6 of this Ordinance, the Mayor shall execute the Development Agreement on behalf of the City and the City Clerk shall cause the Agreement to be recorded in the offices of the County Recorder for the County of San Bernardino APPROVED AND ADOPTED THIS DAY OF , 2007 BY • ATTEST A& B92 RECORDING REQUESTED BY J Philippi Vintage Company 12467 Base Line Road Rancho Cucamonga, California 91729 WHEN RECORDED RETURN TO City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention City Clerk APN 0227-161-10, 0227-161-24 and 1089-581-04 [Space Above For Recorder's Use Only] Recording Fee Exempt pursuant to California Government Code Section 27383 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made as of • , by and between J FILIPPI VINTAGE COMPANY, a California corporation ("Developer,") and the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City"), with respect to the following ECITALS A On December 28, 1992, the Rancho Cucamonga Redevelopment Agency (the "RDA") acquired the historic Regina Winery and surrounding real property from Nabisco, Inc , a New Jersey Corporation, by Grant Deed which was recorded in the Official Records of San Bernardino County, California, on June 16, 1993, as Document No 93-256134 The Regina Winery and surrounding real property is located at 12467 Base Line Road, Rancho Cucamonga, County of San Bernardino, California, and, as presently configured comprises approximately 14 33 acres of land, and is more particularly described in Exhibit A and depicted on Exhibit B attached hereto (the "Ste ") B On August 24, 1994, the City's Planning Commission approved an application by Gino Filippi for a Conditional Use Permit (CUP No 94-24) to allow the establishment of a wine retail store with wine tasting, banquet facilities and a bottling and storage area for wine on the Site The Conditional Use Permit was approved by Planning Commission Resolution No 94-77 and was subject to several conditions, one of which was that the CUP was contingent on a valid lease with the City's Redevelopment Agency 920570v1 Draft 2/5/07 A&693 C On September 8, 1994, the RDA, as lessor, and Developer, as lessee, • entered into the original ground lease of the Site by which Developer was permitted to use the Site for winery and restaurant uses (the "Original Ground Lease ") The lease had a term of five years and provided for rent payments to the RDA of $2,035 per month, which rent could be waived in exchange for certain improvements to the Site D On October 8, 1998, the RDA, as lessor, and Developer, as lessee, entered into a restated ground lease, which provided for a new 25-year term and a continuation of similar rent payments that could be waived by the RDA in exchange for certain improvements to the Site (the "Restated Original Ground Lease ") E On November 10, 1998, the City's Planning Commission approved an application by Gino Filippi for a modification to CUP No 94-24 to add seasonal grape pressing in conjunction with the other uses within the historic Regina Winery on the Site F On November 6, 2002, the RDA conveyed the Site to the City by Grant Deed which was recorded in the Official Records of San Bernardino County, California, on December 11, 2002, as Document No 2002-0673606 G On November 6, 2002, the City, as lessor, and Developer, as lessee, executed a new ground lease of the Site, a memorandum of which was recorded in the Official Records of San Bernardino County, California, on November 25, 2002, as Document No 2002-0638923, (the "New Ground Lease ") H The New Ground Lease requires Developer to, among other things, operate a • wine making or winery-related business on the Site and to preserve historical artifacts within the Regina Winery, such as wine casks and other fixtures and equipment within the Regina Winery The New Ground Lease was intended to facilitate the preservation and promotion of an historical community asset, including public access to the Regina Winery, to allow business use on the Site, and to maintain a portion of the Site as a vineyard In consideration for these public benefits, the New Ground Lease provided for a term of 99 years with rent set at one dollar ($1 00) per year I On July 21, 2004, the New Ground Lease was modified by that certain Amendment of Ground Lease dated as of July 21, 2004, executed by City and Developer, a memorandum of which was recorded in the Official Records of San Bernardino County, California, on October 8, 2004, as Document No 2004-0737447, (the "New Ground Lease Amendment ") Among other provisions, the New Ground Lease Amendment added real property land that would be subject of the Ground Lease and revised other use and operational requirements contained in the New Ground Lease so as not to require the Site to be open to the public five (5) days a week and to allow alcohol to be consumed outside of the Regina Winery Building in designated areas J Except as provided herein, including Section 1, ail initially capitalized words and terms shall have the meanings provided therefore in the New Ground Lease as amended by the New Ground Lease Amendment 920570v1 2 Draft 2/5/07 A& B94 K Developer has applied for an amendment to the Victoria Community Pian to • change the Land Use Map designation for the Site from High Density Residential to Mixed Use so as to be consistent with the General Plan designation for the Site In addition, the text of the Victoria Community Plan is proposed to be amended to provide for restaurants and live/work lofts on the Site The map and text amendments to the Victoria Community Plan are attached hereto as Exhibit C, (the "Victoria Community Plan Amendment ") L In conJunction with the Victoria Community Plan Amendment, Developer has prepared a Master Plan for the Site dated July 25, 2006, prepared by Pitassi Architects, (the "Master Plan,") by which Developer seeks to develop the Site as a mixed use project with restaurants and artist live/work lofts, to provide for the production of art and the sale of art produced on the Site from subleased live/work lofts and other spaces on the Site, and to continue production, bottling, tasting and retail sale of wine The Master Plan is attached hereto as Exhibit D, and subject to the provisions contained in this Agreement M The renovation, development and use of the Site in accordance with the Victoria Community Plan as amended by the Victoria Community Plan Amendment, the Master Plan, the Ground Lease as amended by the Ground Lease Amendment, and CUP 94-27 and 94-27A, shall constitute the project (the "Project ") N Additional and subsequent land use approvals will be required to renovate • and develop the Site as contemplated by the Victoria Community Plan Amendment and the Master Plan, including, but not limited to, a Landmark Alteration Permit, Design/Development Review of the proposed new buildings and structures on the Site, and any other approval or permit required by the City's Existing Land Use Regulations, as defined herein (collectively the "Subsequent Approvals ") O The development of the Project will further the comprehensive planning objectives contained within the Existing Land Use Regulations and will result in public benefits, including the following (1) Restoring and improving the historical Regina Winery buildings, (2) Providing land that is permanently maintained and cultivated as a vineyard, (3) Providing short-term construction employment and long-term permanent employment opportunities in the City, (4) Enhancing the prominence and visibility of the viticulture and winemaking history of the City, (5) Facilitating the further renovation and development of the Site so as to provide a place for community events and viticulture education for the community, and 920570v1 3 Draft 2/5/07 A& B95 (6) Further developing an historical site m the City that will attract tourists • and generate spending and additional economic activities and fiscal benefits to the City P The Development Agreement Law authorizes City to enter into development agreements with any Person having a legal or equitable interest in real property in connection with the proposed development thereof as a way to ensure high quality development in accordance with comprehensive plans, provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation of costs, provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations, strengthen the public planning process, encourage private participation in comprehensive planning and reduce the public and private economic costs of development Q This Agreement is the result of Developer applying for, and City processing, considering, approving and executing, a development agreement establishing certain use and development rights in, and preserving certain land use and planning controls affecting, the Site in accordance with the Authorizing Ordinance and as a present exercise of City's police powers R Notwithstanding the establishment of such use and development rights in, and the preservation of such land use and planning controls affecting the Site, Developer will also apply for Subsequent Approvals, including but not limited to, a Landmark Alternation Permit and Design/Development Review • S City has determined that the development and operation of the Project is in the best interest of City and not otherwise detrimental to the health, safety and welfare of its residents Furthermore, this Agreement will eliminate uncertainty in planning and permit the orderly development of the Project, and otherwise achieve the goals and implement the purposes for which the Development Agreement Law was enacted AGREEMENT NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Law and Article XI, Section 7 of the California Constitution, and in consideration of the above recitals and of the mutual covenants contained herein, the parties agree as follows 1 DEFINITIONS As used herein, initially capitalized words and terms shall have the meanings assigned to them below "Agreement" means this Development Agreement executed by City and Developer "Agreement Date" means 2007, the date the Authorizing Ordinance goes into effect 920570v1 4 Draft 2/5/07 A&696 "Applicable Law" means the Existing Land Use Regulations, as modified by this • Agreement "Application" means the application of Developer dated April 26, 2005, for certain approvals related to the Project, and any other application by Developer or any other Person applying for a Subsequent Approval "Assignment and Assumption Agreement" means an Assignment and Assumption Agreement, pursuant to which a Transferee agrees, for the benefit of Developer and City, to assume Developer's obligations under this Agreement accruing from and after the date of a Transfer with respect to the portion of, or interest in, the Project that is the subject of such Transfer, and subject to the provisions related to transfer of interests contained in the Ground Lease "Authorizing Ordinance" means Ordinance No adopted by the City Council on , 2007 by which this Development Agreement is approved "Build-Out" means the date on which City issues a certificate of occupancy for the last improvements/structures to be constructed on the Site "CEQA" means the California Environmental Quality Act, California Public Resources Code Sections 21000, et seq "CEQA Guidelines" means the regulations set forth in 14 California Administrative • Code Sections 15000, et seq "City" means the City of Rancho Cucamonga, a California municipal corporation "City Clerk" means the City Clerk of City "City Council" means the duly elected and constituted City Council of City "City Manager" means the City Manager of City "Claims" means claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, reasonable attorneys' fees and expenses and court costs) "Consistent Modification" means a modification to this Agreement and/or a Development Approval that is consistent with this Agreement or an Existing Approval, as they existed on the Effective Date, or a Subsequent Approval as it was originally issued "Construction Loan" means a loan obtained by Developer from a national banking association, an insurance company, a pension fund, an institutional lender or any combination of the foregoing or other qualified lender reasonably satisfactory to City, the proceeds of which are to be used to fund the costs of constructing the Project 920570v1 5 Draft 2/5/07 A&B97 "Developer" means J Philippi Vintage Company, a California Corporation, and its permitted successors and assigns, including any Transferee • "Developer Delay" means any failure by Developer to complete one or more of its obligations under this Agreement in the manner and within the time period specified therefore in this Agreement "Development Agreement Law" means California Government Code Sections 65864 through 65869 5, inclusive "Development Approvals" means the Existing Approvals, the Subsequent Approvals and modifications of this Agreement in accordance with Section 7 "Development Code" means Title 17 of City's Municipal Code "Development Requirements" means all requirements imposed in connection with or pursuant to the Development Approvals in order to lessen, offset, mitigate or compensate for the impacts of the Project on the environment, or the advancement of public health, safety or welfare (including any conditions imposed on the Project) by the Existing Approvals or pursuant to any Subsequent Approval "Effective Date" means the latter of (a) the thirtieth (30th) day following the adoption (i e , the second reading) by the City Council of the Authorizing Ordinance, (b) the date any challenge of such adoption is finally defeated pursuant to a non-appealable order or judgment, or (c) the date upon which this Agreement is • executed by Developer and City "Entitlements" means any and all authorizations, approvals, rights, permits, certificates, agreements, documents, variances, permits, licenses, certificates, franchises, documents and agreements required for the construction and operation of the Project in accordance with Legal Requirements "Exigent Event" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate and interim action to prevent or mitigate loss of, or damage to, life, health, property or essential public services "Existing Approvals" means the approvals fisted on Exhibit E attached hereto, which include the Mitigated Negative Declaration and the Master Plan "Existing Land Use Regulations" means any Land Use Regulations adopted and effective on or before the Effective Date, to the extent that the same are not inconsistent with this Agreement, including the Existing Approvals "General Plan" means the General Plan of the City that was adopted, after being reviewed and assessed in accordance with CEQA and CEQA Guidelines, by the City Council on , by Resolution No , as it has been subsequently amended 920570v1 6 Draft 2/5/07 A&698 "Governmental Authority" means any federal, state, municipal or other regional government, including courts and administrative tribunals as well as governmental and quasi-governmental authorities, agencies, districts, boards, bureaus, commissions, departments, instrumentalities and other public bodies and political subdivisions "Inconsistent Modification" means a modification to this Agreement and/or a Development Approval that is inconsistent with this Agreement or an Existing Approval, as they existed on the Effective Date, or a Subsequent Approval as it was originally issued "Indemnified Parties" means City, its officers, employees, consultants, engineers, contractors, attorneys, and other agents "Indemnify" means to protect, indemnify, defend and hold free and harmless from and against "Land Use Regulations" means all Legal Requirements of City governing the use of the Project Site and the construction and operation of the Project, including the permitted use of land, the density or intensity of the use of land, the rate of development of land, requirements for the subdivision of land, the maximum height and size and other design, improvement and construction standards and specifications of proposed buildings on land and provisions for reservation or dedication of land for public purposes, including any voter initiative, referenda or moratoria "Legal Action" means (i) any administrative action or proceeding or appeal thereof, or (ii) any action or proceeding in law or equity, or appeal thereof "Legal Requirements" means all decisions, statutes, laws, constitutions, ordinances, rulings, directions, rules, regulations, orders, writs, decrees, injunctions, permits, certificates or other requirements of any Governmental Authority (unless specified otherwise) in any way applicable to or otherwise affecting the Site, including any of the foregoing made applicable to the Site pursuant to this Agreement "Master Plan" means the master site plan and design guidelines for the Project, showing elevations, landscaping and other physical features of the Project, approved by City pursuant to Applicable Law, as set forth in Exhibit D attached hereto "Mitigated Negative Declaration" means that certain Mitigated Negative Declaration, including any conditions contained therein, approved by City on , 2007, and covering, among other matters, the Project "Mortgage" means any mortgage, deed of trust or other security interest given by Developer to a third-party lender providing financing to Developer, including a Construction Loan, with respect to, and to be secured by the Project "Mortgagee" means the holder of a Mortgage • 920570v1 7 Draft 2/5/07 A& B99 "New Ground Lease" means the Ground Lease of the Site executed by City and • Developer, dated as of November 2, 2002, a memorandum of which was recorded in the Official Records of San Bernardino County, California on November 25, 2002 as Document No 2002-0638923 "New Ground Lease Amendment" means the amendment to the New Ground Lease that was executed by City and Developer, dated July 21, 2004, a memorandum of which was recorded in the Official Records of San Bernardino County, California on October 8, 2004 as Document No 2004-0737447 "Original Ground Lease" means the Ground Lease of the Site executed by City and Developer, dated as of September 8, 1994 "Parcel Map" means a map dividing the Protect Site into parcels that is approved by City pursuant to the Subdivision Map Act "Permitted Transfer" means any of the following Transfers (a) a Mortgage (including in connection with the foreclosure, or deed in lieu of foreclosure, of the same), (b) the granting of easements reasonably necessary for the Protect, (c) the sublease of a unit in the Protect to a Person for uses permitted by the Existing Land Use Approvals, or (f) to any Person controlled (with "control" meaning the power to direct management of such Person) by Developer "Person" means a natural person, a partnership, a toint venture, an unincorporated association, a limited liability company, a corporation, a trust or any other legal entity (including governmental and quasi-governmental agencies, authorities, boards, bureaus, commissions, departments or other political subdivisions or public bodies) "Planning Commission" means the duly appointed and constituted Planning Commission of City "Project" means the development of the Site with the uses as authorized by the Ground Lease, Master Plan, Victoria Community Plan as amended, and this Agreement "RDA" means the Rancho Cucamonga Redevelopment Agency, a California public body, corporate and politic "Restated Original Ground Lease" means the revised and restated Ground Lease of the Site executed by City and Developer, dated as of October 8, 1998 "Site" means the Regina Winery and surrounding real property located at 12467 Base Line Road, Rancho Cucamonga, County of San Bernardino, California, consisting of approximately 14 33 acres and more particularly described in Exhibit A and depicted on Exhibit B attached hereto "Site Plan" means the same as the Master Plan L 920570v1 8 Draft 2/5/07 A & B 100 "Subdivision Map Act" means California Government Code Sections 66410 • through 66499 50, inclusive "Subsequent Approvals" means Entitlements that are necessary or desirable for the Protect, including Conditional Use Permits and Design Review approvals that may be required under the Development Code, permits, variances, grading permits, building permits and occupancy permits, that are approved by City in accordance with Section 5 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date "Term" means the period commencing upon the Effective Date and continuing until the first to occur of (a) the fifteenth (15th) anniversary of the Effective Date, or (b) one (1) year after the Build-Out, or (c) this Agreement otherwise becomes Void (including, if applicable, a final, non-appealable determination thereof) "Transfer" means any sale, lease, encumbrance or other transfer of all or any portion of the Protect or any interest therein "Transferee" means a Person that acquires an interest in the Protect Site pursuant to a Transfer and agrees to assume Developer's obligations hereunder with respect to such interest "Unavoidable Delay" means a delay due to the elements, fire, earthquakes or • other acts of God, strikes, labor disputes, lockouts, acts of the public enemy, riots, insurrections or governmental regulation of the sale or transportation of materials, supplies or labor, provided, however, that to the extent a delay is caused by any other reason that a party reasonably believes is beyond its control, such party shall request, on a case by case basis, that the other party excuse any such delay as an Unavoidable Delay and such other party shall make its determination as to whether such delay constitutes an Unavoidable Delay using its reasonable tudgment To the extent applicable to the Protect Site and/or the Protect pursuant to Section 4 2, new Land Use Regulations (including local, state and federal environmental and natural resource regulations) or any legal challenge to this Agreement or any Development Approval by a party other than Developer or City, shall constitute Unavoidable Delays Promptly upon the request of a party made within fifteen (15) days after the occurrence of an Unavoidable Delay, the other party shall grant, in writing, an extension of time as a result of such Unavoidable Delay for the actual period of time of such Unavoidable Delay if such party determines that the alleged delay is an Unavoidable Delay "Victoria Community Plan" means the area plan adopted by the City on , encompassing approximately 2,150 acres of the City generally bounded on the north by Highland Avenue, the east by Etiwanda Avenue, and the south and west by Interstate 15, Arrow Route, Base Line Road, Milliken, Southern Pacific Railroad tracks and Deer Creek and providing for the Victoria Arbors Shopping Center surrounded by a series of residential villages • 920570v1 9 Draft 2/5/07 A&6101 "Victoria Community Plan Amendment" means the amendments to the Victoria Community Plan that are listed in Exhibit C attached hereto that are adopted by the City Council on 2007 as DRC2006-00444 concurrently with this Development Agreement and which provide for mixed uses on the Site "Void" means the situation where this Agreement becomes null, void, terminated and/or of no further force or effect "Waiver" means Developer's express and implied waiver of any right that it may now or hereafter have to bring a Legal Action against City relating to the process leading to the adoption, or the provisions, of this Agreement or the Development Approvals 2 GENERAL PROVISIONS 2 1 Incorporation The preamble, the recitals and the exhibits attached hereto, and all defined terms set forth therein, are hereby incorporated into this Agreement as if set forth herein in full 2 2 Mutual Benefits This Agreement is entered into with the mutual understanding of City and Developer that this Agreement is providing Developer with the benefit of vested rights to develop the Site in accordance with the Victoria Community Plan Amendment and the Master Plan, subject to the Existing Approvals and the Land Use Regulations, as more fully explained herein In exchange for these benefits to the Developer, City is obtaining certain public benefits from the Agreement, • including but not limited to the following (1) Providing for the restoration and improvement of the historical Regina Winery buildings, (2) Providing land that will be permanently maintained and cultivated as a vineyard, (3) Providing short-term construction employment and long-term permanent employment opportunities in the City, (4) Enhancing the prominence and visibility of the viticulture and wmemakmg history of the City, (5) Facilitating the further renovation and development of the Site so as to provide a place for community events and viticulture education for the community, and (6) Further developing an historical site in the City that will attract tourists and generate spending and additional economic activities and fiscal benefits to the City • 920570v1 10 Draft 2/5107 A & B 102 2 3 Permitted Uses and Development Intensity The permitted uses, the • density and intensity of use, and the maximum height and size of proposed buildings shall be those provided by the Land Use Regulations, including but not limited to, the Victoria Community Plan as amended by the Victoria Community Plan Amendment, the Master Plan, the New Ground Lease, as amended by the Ground Lease Amendment and CUP 94-24 2 4 Reservation and Dedication of land for Public Purpose Except, as provided in the Land Use Regulations, there shall be no additional reservation or dedication of land for public purposes pursuant to this Agreement 2 5 Priority of Land Use Regulations To the extent a conflict exists or develops between this Agreement and the New Ground Lease as amended by the New Ground Lease Amendment, the New Ground Lease as amended by the New Ground Lease Amendment shall control To the extent that a conflict exists or develops between the Applicable Law and the Development Approvals and/or the Development Requirements, the Development Approvals and/or the Development Requirements shall control To the extent a conflict exists or develops between the combination of this Agreement, Applicable Law, the Development Approvals and/or the Development Requirements, this Agreement shall control 2 6 Interpretation All section headings are inserted for convenience only and shall have no effect on the interpretation of this Agreement The neuter gender • includes the feminine and masculine, and singular numbers include plural numbers The words "herein," "hereof," "hereunder," "hereby" and other similar references shall be construed to mean this Agreement unless the context shall clearly indicate or require otherwise Whenever the words "including" or "include" are used in this Agreement, they shall be interpreted in anon-exclusive manner All references to exhibits or sections shall be deemed to refer to the exhibits and sections of this Agreement unless otherwise specified References to any statutory section(s) or act(s) shall be deemed to refer to such section(s) or act(s) as amended and/or recodified as well as to any successor statues thereto Time is to be computed by excluding the first day and including the last day All references to days shall mean calendar days unless otherwise specified Whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time (or by a particular date) that ends (or occurs) on anon-business day, then such period (or date) shall be extended until the immediately following business day As used herein, "business day" means any day other than a Friday, Saturday, Sunday, or federal or California State holiday 2 7 Covenants The provisions hereof shall constitute covenants or servitudes that shall run with the land comprising the Site and the burdens and benefits hereof shall bind and inure to the benefit of the owners of the Project 2 8 Execution Developer shall execute this Agreement prior to City Developer's execution shall take place no later than ten (10) business days after the adoption (i e , the second reading) of the Authorizing Ordinance by the City Council 920570v1 11 Draft 2/5/07 A&B103 City's execution shall take place no later than five (5) business days after the date Developer executes and delivers this Agreement to City 2 9 Recordation No later than ten (10) days after the execution of this Agreement by City, the City Clerk shall record, at Developer's sole cost and expense, this Agreement in the Official Records of San Bernardino County, California 2 10 Effect and Operation This Agreement shall become effective upon the Effective Date 211 Expiration Upon the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect, provided however, that such termination shall not affect any right or duty arising from project entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Agreement and the use of those structures shall be governed by the Land Use Regulations 3 OBLIGATIONS 3 1 Obligations of Developer In consideration of City entering into this Agreement, Developer agrees to 3 1 1 Comply with this Agreement, the Development Requirements and the New Ground Lease as amended by the New Ground Lease Amendment • 3 1 2 Design and construct the Project as contemplated by the Ground Lease and the Development Requirements, subject to the limitations and qualifications of such obligations contained in Sections 4 1 and 10 3 3 1 3 Provide the Waiver, provided, however, that the Waiver shall not lima Developer's ability to bring a Legal Action against City or pursuant to Section 10 in the event of a Default by City, or to exercise any remedy provided in this Agreement in the event of a default by City 3 1 4 Cause its consultants, engineers, employees and other agents to provide City, in a timely manner, with any information related to Developer's obligations hereunder that is requested by City and is reasonably necessary or desirable for City to carry out its obligations hereunder 3 2 Obligations of City In consideration of Developer entering into this Agreement, City agrees to 3 2 1 Comply with this Agreement, the Development Approvals and the Development Requirements and process ali requests for approval by Developer in conformance therewith, except to the extent otherwise provided in this Agreement • 920570v1 12 Draft 2/5/07 A&6104 3 2 2 Cause its consultants, engineers, employees and other agents to • provide Developer, in a timely manner, with any information related to City's obligations hereunder that is requested by Developer and is reasonably necessary or desirable for Developer to carry out its obligations hereunder 4 VESTED RIGHTS 41 Generally Developer shall have the vested right to develop the Protect pursuant to, and City shall have the right to control the development of the Protect in accordance with, this Agreement, the Development Approvals, the Development Requirements and Applicable Law, provided, however, that nothing in this Agreement shall allow Developer to develop and/or operate the Protect in violation of the Ground Lease, as amended 4 2 Change in Applicable Law, Conflict This Agreement shall be enforceable by Developer notwithstanding any change in Applicable Law, provided, however, that this Agreement shall not preclude City or the voters in City, by subsequent action, from enacting or imposing any new Land Use Regulations, but such new Land Use Regulations shall not apply to the Protect during the Term to the extent they conflict with this Agreement or the Existing Approvals To the extent a conflict exists or develops between Applicable Law and the Development Approvals and/or the Development Requirements, the Development Approvals and/or the Development Requirements shall control To the extent a conflict exists or develops between the • combination of this Agreement, Applicable Law, the Development Approvals and/or the Development Requirements, this Agreement shall control In the event Developer initiates a Legal Action challenging the application of a new Land Use Regulation as being in violation of this Agreement, Developer shall bear the burden of alleging that such new Land Use Regulation is inconsistent with this Agreement, Applicable Law, the Development Requirements and/or the Development Approvals and City shall thereafter bear the burden of proof in establishing by a preponderance of the evidence that such new Land Use Regulation was not applied by City in violation of this Agreement 4 3 Reservation of Authority This Agreement shall not prevent City from applying new uniform construction standards adopted by the State of California, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, to the Protect to the extent, and in the manner that, the same are applied to all other similar developments within City Furthermore, nothing in this Agreement shall be construed to be in derogation of City's police power to protect the public health and safety from an Exigent Event involving the Protect Site 4 4 State and Federal Legal Requirements The Site may be subtect to subsequently enacted State or Federal Legal Requirements that preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Development Approvals or the Development Requirements Upon discovery of such a subsequently enacted Federal or State Legal Requirement, City or Developer shall provide the other party with notice thereof, which notice shall include a copy of such Legal Requirement and a description of the alleged conflicts Promptly thereafter, City 920570v1 13 Draft 2/5/07 A&6105 and Developer shall meet and confer in good faith in a reasonable attempt to determine • whether a modification or suspension of this Agreement is necessary to comply with such subsequently enacted Federal or State Legal Requirement If the parties reasonably determine that such subsequently enacted Federal or State Legal Requirement will make completion of the Project uneconomical, then Developer may elect to terminate this Agreement by providing City with thirty (30) days advance notice thereof 4 5 Intent City acknowledges that Developer has entered into this Agreement and will proceed with the Project on the assumption that City has adequately provided for the public health, safety and welfare through the Land Use Regulations To this end, City agrees that it shall attempt to address any Exigent Event without impacting the Project as contemplated by the Development Approvals, provided, however, that if this is not possible, City shall select a method that has the least adverse impact on the Project as contemplated by the Development Approvals and the Development Requirements 5 SUBSEQUENT APPROVALS 5 1 Applications for Subsequent Approvals City agrees that it shall accept and process all applications for Subsequent Approvals and shall exercise its discretion or take action with respect therefo in a manner that complies and is consistent with the Development Approvals, the Development Requirements and Applicable Laws 5 2 Approvals City acknowledges and agrees that it has reviewed and approved the Master Plan to the extent required by Applicable Law City has obtained all approvals of the Master Plan by RDA that Developer would otherwise be required to obtain from RDA under the Ground Lease To the extent that any Application shall be consistent with the Development Approvals and the Development Requirements, City shall not unreasonably withhold approval of such Application, nor shall any further review be required of any matters that are covered by and consistent with the Master Plan To the extent that any Application seeks approval of additional design and/or site plan features or details that are not fully described in the Master Pian, including any portion of the Project that would require review by the Planning Commission or the City Council under Section 17/06 010 of the Development Code, City agrees that (a) any review by City and, if required, the Planning Commission shall be conducted in accordance with the standards set forth in the Existing Approvals, except to the extent otherwise provided in this Agreement, (c) if any such Application is initially disapproved by City, then Developer may thereafter resubmit the same to the Planning Director of City for review thereof by the Planning Commission, and (d) Developer may rely upon City's approval of the relevant change as conclusive evidence of RDA's approval thereof under the Ground Lease (it being understood that City, and not Developer, shall coordinate with RDA with respect to any such approval) 5 3 Processing Fees Developer shall pay application and processing fees customary imposed by City on the type of Entitlement sought, at the rate, and in the amount, specified by the fee schedule therefore that is (a) applicable to all other • 920570v1 14 Draft 2/5/07 A & 6106 developments in City, and (b) in effect at the time an Application is submitted to, and • accepted as, or deemed to be complete by, City 5 4 CEQA In connection with City's review and approval of an Application that is subject to CEQA, City shall first consider using and adopting any existing environmental documents certified for the Site as adequately addressing the environmental impacts of such Application before requiring new or supplemental environmental review or documentation, to the extent deemed appropriate by City under CEQA 5 5 Entitlements City agrees to reasonably cooperate with Developer, at no cost or expense to City, in order to allow Developer to secure reasonably necessary or desirable Entitlements from other Governmental Authorities, and Developer agrees to apply therefore in a timely manner 6 DEVELOPMENT FEES 6 1 Applicable Rates Developer shall pay Development Fees at fee rates that are in effect at the time of issuance of building permits or certificate of occupancy, as provided in the City's Code, for the applicable building or phase of development 6 2 Calculation Developer acknowledges that certain Development Impact Fees are assessed on a square footage basis, while others require payment of a set amount (flat fee) regardless of square footage • 7 MODIFICATIONS 7 1 Applicable Law Modifications From and after the Effective Date, Developer may seek a modification of this Agreement and/or a Development Approval in accordance with the following 71 1 If the City Manager determines, in his or her reasonable discretion, that such modification is an Inconsistent Modification, then Applicable Law may be subject to modification, at City's reasonable discretion as a condition of City's approval of such Inconsistent Modification, or 71 2 If the City Manager determines, in his or her reasonable discretion, such modification is a Consistent Modification, then Applicable Law shall not be subject to modification by City as a result of City's approval of such Consistent Modification 7 1 3 Agreement Modifications Unless otherwise required by Legal Requirements, a modification of the Development Approvals at the request of Developer pursuant to Section 7 1 shall not require a modification of this Agreement, and any such modified Development Approval shall be treated as if it were in existence on the Agreement Date, unless such Development Approval modification • 920570v1 15 Draft 2/5/07 A&B107 71 4 Materially alters the permitted uses of the Site in a manner . inconsistent with the General Plan or the Victoria Community Plan, 7 1 5 Increases the density or intensity of use of the Site in a manner inconsistent with the General Plan or the Victoria Community Plan, or on the Site 7 1 6 Increases the maximum height and/or size of buildings permitted 71 7 In which case, a modification of this Agreement shall be processed concurrently with such modification of the Development Approvals Otherwise, a modification of the Development Approvals shall not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement 7 2 Caveat Notwithstanding anything to the contrary in this Section 7, a modification of this Agreement is not required if Developer pursues Entitlements pursuant to a waiver of any of its vested rights as provided for in Section 4 1 7 3 Procedure Except as provided to the contrary in this Section 7 (including Section 7 6), The procedure for proposing and adopting a modification to this Agreement shall be the same as the procedure required by the Development Agreement Law and the Development Agreement Resolution 7 4 Execution Any modification of this Agreement shall require the signature of both City and Developer • 7 5 Operating Memoranda The parties desire to retain a certain degree of flexibility with respect to the details of the development of the Project and with respect to those matters covered herein only in general terms If and when City and Developer mutually find that changes, adjustments or clarifications are appropriate to further the intended purposes hereof, and such (a) are not materially inconsistent with the Development Approvals and (b) do not otherwise affect the Term, permitted uses, provisions for reservation and dedication of land, requirements relating to Subsequent Approvals or other subsequent discretionary actions, monetary contributions by Developer (as determined by the City Manager in his or her reasonable discretion), they may, unless otherwise required by Section 7 2, effectuate such changes, adjustments or clarifications without prior notice, public hearing or modifying this Agreement, through one or more operating memoranda approved by the City Manager and any corporate officer of Developer, which, after execution, shall be attached hereto and become a part hereof, provided, however, that nothing herein shall authorize the delegation of authority to the City Manager that is contrary to State or Federal Legal Requirements 8 COMPLIANCE REVIEW 8 1 Good Faith Compliance Pursuant to California Government Code Section 65865 1, City shall, once every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Developer with the terms of this Agreement, provided, however, that it is intended that this review shall 920570v1 16 Draft 2/5107 A & 6108 apply to the Site as a whole, as opposed to each individual tenant who may lease a space in the Project In connection with such annual review, Developer shall provide City such information as may be reasonably requested by City in order to determine whether any provisions of this Agreement have been breached by Developer If at any time prior to the review period there is an issue concerning a Developer's compliance with the terms of the Agreement, the provisions of this Section will apply 8 2 Certificate of Compliance If Developer is found to be in compliance with this Agreement after annual review, the Planning Director shall, upon request by Developer, issue a certificate of compliance ("Certificate of Compliance") to Developer stating that based upon information known to City, this Agreement remains in effect and Developer is not in default The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive notice of compliance Developer may record the Certificate of Compliance in the Official Records of the County of San Bernardino 8 3 Notice Within thirty (30) days after the completion of any review of this Agreement as contemplated by this Section 8, City shall notify Developer regarding its determination of Developer's good faith compliance with ail material terms of this Agreement 8 4 Failure to Conduct Annual Review The failure of City to conduct any such annual review shall not constitute, or be asserted by Developer or City as a breach of this Agreement 8 5 Initiation of Review by City Council In addition to the annual review, the City Council may, at any time, initiate a review of this Agreement by giving notice thereof to Developer Any such notice must describe in detail the specific issues that caused City to question Developer's good faith compliance with all material terms of this Agreement Within thirty (30) days following receipt of any such notice, Developer shall submit evidence to the City Council of Developer's good faith compliance with all material terms of this Agreement and such review shall proceed in the same manner as provided for the annual review 8 6 Availability of Information If requested by Developer, City shall, within ten (10) business days of its receipt of such request, provide Developer, at Developer's sole cost and expense, with copies of any information reviewed, accumulated or prepared by or for City in connection with any review of this Agreement 9 DEFAULTS The occurrence of any or all of the following by either party shall constitute a default under this Agreement (a "Default") 9 1 Monetary A breach of this Agreement involving the payment of money, and the continuance of such breach for a period of ten (10) days after receipt of notice thereof, or 9 2 Performance A breach of any material term of this Agreement not involving the payment of money, and the continuance of such breach for a period of 920570v1 17 Draft 2/5/07 A&6109 thirty (30) days after receipt of notice thereof (which notice may include a notice of non-compliance given pursuant to Section 8 3), provided, however, that if such breach • is not reasonably susceptible of being cured within such thirty (30) day period, then a Default shall exist only if the cure of such breach is not commenced within such thirty (30) day period or thereafter is not diligently prosecuted to completion Notwithstanding the foregoing, the time for performance of the material terms of this Agreement not involving the payment of money, and the cure periods provided above, shall be extended by Unavoidable Delays 10 REMEDIES This Agreement is only enforceable by City and Developer 10 1 City Remedies In the event of a Default by Developer, all of the following remedies shall be available to City 101 1 Refuse to accept Applications or grant Subsequent Approvals or issue Entitlements, including building permits and certificates of occupancy, 101 2 Institute a Legal Action against Developer pursuing any remedy available at law or in equity, including speafic performance, to the extent provided in Section 10 3, 10 1 3 Deliver a notice to Developer of City's intent to terminate this Agreement pursuant to California Government Code Section 65868 Following such delivery, the matter shall be scheduled for public hearing for consideration and review by the City Council in the manner set forth in the Development Agreement Law and the Legal Requirements of City Following consideration of the substantive evidence in the record before the City Council, and a determination by the City Council based thereon, City may deliver a notice to Developer terminating this Agreement pursuant to California Government Code Section 65865 1, and such notice shall be effective immediately, and this Agreement shall be Void, upon City's delivery (and not necessarily Developer's receipt) thereof 10 2 Developer Remedies In the event of a Default by City, all of the following remedies shall be available to Developer 10 2 1 Developer may deliver a notice to City terminating this Agreement, and such notice shall be effective immediately, and this Agreement shall be Void, upon Developer's delivery (and not necessarily City's receipt) thereof 10 2 2 File a claim with the City Clerk not later than one hundred eighty (180) days after accrual of the Default by City The City Clerk shall then place such claim on the agenda of a meeting of the City Council for consideration and decision The City Council shall act on such claim in accordance with California Government Code Section 912 4, provided, however, that if the City Counai fails or refuses to do so, such claim shall be deemed rejected as provided in California Government Code Section 912 4(c) This is a provision governing the presentation of all claims by Developer arising out of or related to this Agreement and the consideration 920570v1 18 Draft 2/5/07 A & B 110 and payment of such claims as permitted by California Government Code • Section 930 2 10 2 3 After the filing and refection of a claim as required by Section 10 2 2, Developer may pursue any remedy available at law or in equity, including specific performance as set forth in Section 10 3 10 3 Specific Performance Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Project Site to its original condition once implementation of this Agreement has begun Thereafter, Developer may be foreclosed from obtaining other benefits from the Project Site or utilizing the Project Site for different purposes City and Developer have already invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it may not be possible to determine the sum of money that would adequately compensate City and Developer for such efforts For the above reasons, City and Developer agree that damages may not be an adequate remedy if City or Developer fails to carry out its obligations under this Agreement and that City and/or Developer shall have the right to seek and obtain speafic performance as a remedy for any Default, provided, however, that City may not seek or obtain specific performance as a remedy to require Developer to complete the Project if Developer has otherwise reasonably determined that it would be uneconomical to do so • 11 TRANSFERS AND ASSIGNMENTS 11 1 Permitted Transfers Developer may enter into one or more Permitted Transfers without the prior consent of City as provided and to the extent permitted by the Ground Lease In connection with any such Permitted Transfer, Developer may, but shall not be required to, transfer its rights and obligations under this Agreement to the applicable Transferee Developer shall provide City with notice of all Permitted Transfers promptly following the consummation thereof Developer shall remain liable to perform all of the terms and conditions of this Agreement with respect to any portion of, or interest in, the Project that shall be the subject of a Permitted Transfer unless Developer and the applicable Transferee shall execute and deliver to City an Assignment and Assumption Agreement, in which case Developer shall be released from its obligations with respect to such portion of, or interest in, the Project that was the subject of such Permitted Transfer 11 2 Other Transfers Developer may enter into one or more Transfers that do not constitute Permitted Transfers with the prior consent of City (which may be granted or withheld in its sole and absolute discretion) Developer shall remain liable to perform all the terms and conditions of this Agreement with respect to any portion of, or interest in, the Project that shall be the subject of such a Transfer unless Developer and the applicable Transferee shall execute and deliver to City an Assignment and Assumption Agreement, in which case Developer shall be released from its obligations • with respect to such portion of, or interest in, the Project that was the subtect of such 920570v1 19 Draft 2/5/07 A & B 111 Transfer No consent given by Agency to any Transfer shall be construed as a consent to any other Transfer No Transfer m violation of the terms and provisions of this Section 11 shall be valid or enforceable 11 3 General Conditions Applicable to Transfers In connection with any Permitted Transfer, or other Transfer consented to by City, that includes an Assignment and Assumption Agreement, City and Developer shall reasonably cooperate to specify, in an exhibit to such Assignment and Assumption Agreement, which obligations under this Agreement are applicable to the portion of the Project that is the subject of such Transfer, and the applicable Transferee shall be obligated only with respect to such specified obligations From and after the date of any Permitted Transfer, or other Transfer consented to by City, a Default that does not affect the portion of the Project that was the subject of such Transfer shall not affect any right and/or obligation of the applicable Transferee under this Agreement Conversely, a Default by the applicable Transferee shall not affect Developer's, or any other Person's, obligations with respect to the portion of the Project that was not the subject of such Transfer Notwithstanding anything herein to the contrary, in no event shall any Mortgagee and have any obligation under this Agreement unless and until such Mortgagee purchases at a foreclosure sale, or accepts a deed in lieu of foreclosure, the portion of the Project that was subject to a Mortgage 12 RIGHTS OF MORTGAGEES 12 1 Mortgage Protection The provisions of this Agreement do not limit the • rights of Mortgagee to foreclose or otherwise enforce or pursue remedies under a Mortgage and a Default shall not defeat, render invalid or limit the lien of a Mortgage, whether or not a Mortgage is subordinated to this Agreement, provided, however, that the provisions of this Agreement shall be binding and effective against Mortgagee 12 2 Default Notices, Mortgagee Right to Cure Whenever City shall deliver any notice or demand to Developer with respect to any breach or default by Developer hereunder, City shall at the same time deliver a copy of such notice or demand to any Mortgagee with an interest in the portion of the Project affected by such breach or default Any such notice or demand shall not be effective against Mortgagee unless City has delivered a copy thereof to Mortgagee Mortgagee shall have the right, at its option but without obligation, within ninety (90) days after such breach or default by Developer hereunder becomes a Default, to cure or remedy such Default and to add the cost thereof to the outstanding principal balance of the relevant Mortgage, provided, however, that if such Default cannot with reasonable diligence be cured or remedied within such ninety (90) day period, Mortgagee shall have such additional time as is reasonably necessary to cure or remedy such Default If such Default shall be a Default that can only be cured or remedied by Mortgagee upon obtaining possession of the Project Site and Mortgagee seeks to obtain the same with reasonable diligence through a receiver or otherwise, then Mortgagee shall have until ninety (90) days after so obtaining possession of the Project Site to cure or remedy such Default Mortgagee shall not be required to cure or remedy any Default by Developer that cannot, by its • nature, be cured or remedied by Mortgagee 920570v1 20 Draft 2/5/07 A & B 112 12 3 Successors Subtect to Section 11, all rights and obligations of • Mortgagee under this Agreement shall also accrue to any purchaser, assig-nee or successor thereof upon transfer of title to the Protect Site pursuant to a tudicial or nontudiaal foreclosure, or a deed in lieu of foreclosure, of a Mortgage, provided, however, that Mortgagee, but not any such purchaser, assignee or successor thereof, shall not be liable for the performance of any of Developer's obligations hereunder unless and until Mortgagee exercises any of Developer's rights hereunder 13 CHALLENGES 13 1 Third Party Challenges No third party, including other Governmental Authorities, may commence a Legal Action challenging (e g , a Legal Action seeking to Void, attack, review, interpret, set aside or annul) ail or any part of this Agreement or the decision of City to approve and execute this Agreement unless such Legal Action is commenced and service made on City within thirty (30) days after the Agreement Date The foregoing shall not be deemed to extend or shorten any period provided by any Legal Requirement (e g ,the California Government Code) to challenge this Agreement as a legislative action of the City Council, or any appeal period provided by any Legal Requirement (e g , CEQA) with respect to any environmental review of the Protect 13 1 1 Defense of Third Party Challenges Developer agrees to indemnify, defend, and hold harmless, at its sole expense, the Indemnified Parties from and against any third-party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void or annul the approval of this Agreement Developer shall reimburse the Indemnified Parties for any court costs and attorney's fees which the Indemnified Parties may be required to 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 such action but such participation shall not relieve Developer of its obligations under this Section Developer shall coordinate the defense with the City and shall seek and secure City's concurrence with any settlement Should Developer refuse to defend the action, City may defend such third party legal action as City determines appropriate, including settling on terms and conditions acceptable to City, and if City elects to do so, Developer shall reimburse the Indemnified Parties for all claims, costs and attorney's fees incurred by Indemnified Parties in connection therewith, including attorneys fees incurred in connection with such defense 13 2 Developer Challenges Any final decision by City's staff concerning the interpretation and administration of this Agreement may be appealed by Developer first to the Planning Commission and thereafter to the City Council, provided, however, that any such appeal shall be filed with the City Clerk within fifteen (15) calendar days after Developer receives notice that the staff deasion is final The Planning Commission and, if applicable, the City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the close of the public hearing on the appeal • 920570v1 21 Draft 2/5/07 A & B 113 14 MISCELLANEOUS • 14 1 Indemnification 14 1 1 Developer agrees to Indemnify the Indemnified Parties from all Claims suffered, incurred or sustained by the Indemnified Parties as a result or by reason of, or in connection with (a) any Default by Developer, and (b) any personal injury, death or property damage resulting from an act or omission of Developer and/or its consultants, contractors, subcontractors, engineers, employees and other agents, subject, however to the limitations on the remedies of City set forth elsewhere in this Agreement, including, without limitation, Section 10 3 Notwithstanding the foregoing, it is the intent of City and Developer that Developer shall be liable to Indemnify the Indemnified Parties under this Section 14 1 irrespective of the cause of such indemnification liability (i e ,regardless of whether or not caused by any act, omission, willful misconduct or negligent conduct (whether active or passive) of Developer, or otherwise), except if the sole cause of such indemnification liability is the gross negligence or willful misconduct of the Indemnified Parties or if the same is fully covered by insurance maintain by the Indemnified Parties The provisions of this Section 14 1 shall survive until the expiration of ail applicable statutes of limitation for such Claims 141 2 City agrees to Indemnify the Developer and its officers, employees, shareholders, members, managers, partners, attorneys, consultants, agents or representatives from all Claims suffered, incurred or sustained by any of the foregoing persons as a result or by reason of, or in connection with, any personal injury, • death or property damage resulting from an act or omission of City and/or its consultants, contractors, subcontractors, engineers, employees and other agents in connection with the construction of the Public Infrastructure Improvements, except to the extent fully covered by insurance maintain by Developer The provisions of this Section 14 1 shall survive until the expiration of all applicable statutes of limitation for such Claims 14 2 Notice Any notice, request, direction, demand, consent, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, (c) by facsimile, or (d) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned If to City City of Rancho Cucamonga 10500 Civic Center Rancho Cucamonga, California Attention City Manager Telephone (909) 477- 2700 Facsimile (909) 477-2849 920570v1 22 Draft 2/5/07 A & B 114 With a copy to Richards, Watson & Gershon No One Civic Center Circle Post Office Box No 1059 Brea, California 92822-1059 Attention James L Markman, Esq Telephone (714) 990-0901 Facsimile (714) 990-6230 If to Developer J Filippi Vintage Co 12467 Base Line Road Rancho Cucamonga, California 91729 Attention Joseph and Gino Filippi Telephone (909) 899-5755 Facsimile (909) 909-9196 With a copy to Robert F Schauer, Esq 1131 West Sixth Street, Suite 140 • Ontario, California 91762 Telephone (909) 983-5600 Facsimile (909) 467-0433 Either City or Developer may change its mailing address, telephone or facsimile number at any time by giving written notice of such change to the other in the manner provided herein at least ten (10) days prior to the date such change is effected Service of any notice or other communications so made shall be deemed effective on the day of actual delivery (whether accepted or refused) as evidenced by confirmed answerback if by facsimile (provided that if any notice or other communication to be delivered by facsimile is unable to be transmitted because of a problem affecting the receiving party's facsimile machine, the deadline for receiving such notice or other communication shall be extended through the next business day), as shown by the addressee's return receipt if by certified mail, and as confirmed by the courier service if by courier, provided, however, that if such actual delivery occurs after 5 00 p m (local time where received) or on anon-business day, then such notice or demand so made shall be deemed effective on the first business day following the day of actual delivery No communications via electronic mail shall be effective to give any notice, request, direction, demand, consent, waiver, approval or other communications hereunder 14 3 Applicable Law and Attorneys' Fees The laws of the State of California shall govern the interpretation and enforcement of this Agreement Should either party bring a Legal Action in connection with a Default or to otherwise enforce any provision of this Agreement, the prevailing party in such Legal Action shall be entitled to 920570v1 23 Draft 2/5/07 A & B 115 reasonable attorneys' fees, court costs, and other litigation expenses including attorneys' fees on appeal and expenses incurred for investigation, preparation, • depositions and discovery The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of such Legal Action regardless of whether the same is prosecuted to final judgment 14 4 Acceptance of Service of Process In the event Developer commences any legal action against City, service of process on City shall be made by personal service upon the City Manager or in such other manner as may be provided by law In the event any legal action is commenced by City against Developer, service of process on such party shall be made by personal service upon Developer's registered agent for service of process on file with the California Secretary of State, with a concurrent copy delivered as provided in Section 14 2 14 5 Venue Any legal actions initiated pursuant to this Agreement or otherwise with respect to its subject matter must be instituted in the Superior Court of the County of San Bernardino, State of California, or in the Federal District Court in the Southern District of California 14 6 Waiver The waiver of any provision of this Agreement must be in writing and signed by the party providing such waiver The waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of such provision or any subsequent breach of the same or any other provision of this Agreement Acceptance of performance after the due date of such performance shall not be deemed to be a • waiver of any preceding breach of any provision of this Agreement, regardless of the accepting party's knowledge of such preceding breach at the time of acceptance of such performance Failure or delay by a party to insist upon the strict performance of any provision of this Agreement by the other party, and failure or delay by a party to exercise its rights and/or remedies upon a Default by the other party, shall not constitute a waiver of such party's right to demand strict compliance, or exercise its rights and/or remedies, in the future 14 7 No Liability No official, officer, attorney, employee, consultant, agent or representative of City shall be personally liable to Developer in the event of any Default by City or for any amount due, or performance of any obligation, to Developer under the terms of this Agreement No officer, employee, shareholder, member, manager, partner, attorney, consultant, agent or representative of Developer shall be personally liable to City in the event of any Default by Developer or for any amount due, or performance of any obligation, to City under the terms of this Agreement 14 8 Successors and Assigns Except as otherwise provided herein, this Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns 14 9 Relationship of the Parties The provisions of this Agreement shall not cause the parties to be construed in any manner whatsoever as partners, point venturers or agents of each other in the performance of their respective obligations 920570v1 24 Draft 2/5/07 A & B 116 • hereunder, or subtect either party to any obligations, loss, charge or expense of the other party unless the party to be held responsible has independently contracted with the claimant so as to make it directly responsible for the performance and/or payment, as appropriate, of the pertinent obligation, loss, charge or expense Furthermore, City and Developer hereby renounce the existence of any form of partnership, Joint venture or agency between them Finally, City and Developer acknowledge and agree that (a) the Protect is a private development and (b) Developer shall have full power over, and exclusive control of, the Protect, subJect only to the limitations imposed upon, and obligations of, Developer under this Agreement and the Development Approvals 14 10 Good Faith and Fair Dealing No party shall do anything that shall have the effect of materially harming or inturing the right of the other party to receive the benefits provided for in this Agreement, each party shall refrain from doing anything that would render its performance, or the performance by the other party, under this Agreement impossible, and each party shall do everything that this Agreement contemplates that such party shall do in order to accomplish the goals and purposes of this Agreement 14 11 Construction Each party acknowledges that such party and its counsel, after negotiation and consultation, have reviewed and revised this Agreement As such, the terms of this Agreement shall be fairly construed and the usual rule of construction, to the effect that any ambiguities herein should be resolved against the drafting party, shall not be employed in the interpretation of this Agreement The • language used to this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning The parties acknowledge and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of City, including City's police powers In this regard, the parties further acknowledge and agree that this Agreement shall not be deemed to constitute the impermissible surrender or abnegation of City's governmental powers over the Protect Site or any decision arising from this Agreement, directly or indirectly 14 12 Severability Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement If any provision of this Agreement, or the application thereof, shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each provision of this Agreement shall be valid and shall be enforced to the extent permitted by law 14 13 Time Time is of the essence of this Agreement 14 14 Further Assurances The parties shall execute and deliver any and all additional documents and other assurances, and shall do any and all other acts and things, reasonably necessary to carry out the purposes of, and the intent of the parties under, this Agreement 920570v1 25 Draft 2/5/07 A & B117 14 15 No Third Party Beneficiaries This Agreement is for the exclusive • benefit of City, Developer, Mortgagees and Transferees, and shall not be construed to be for the benefit of, or be enforceable by, any third party 14 16 Enfire Agreement This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, discussion and agreements between the parties m connection therewith, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof 14 17 Counterparts This Agreement may be executed m one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same document 14 18 Estoppel Certificates In connection with a Mortgage or other Transfer, or a review of this Agreement as contemplated by Section 8, Developer, City, a prospective Mortgagee and/or Transferee may request an estoppel certificate from a party, and such party shall provide a signed certificate to the requesting party within thirty (30) days after its receipt of a request therefore The City Manager may sign such an estoppel certificates on behalf of City Any corporate officer of Developer may sign on behalf of Developer The requesting party may rely upon any such estoppel certificate, and such estoppel certificate shall address reasonable matters such as 14 18 1 Whether this Agreement is in full force and effect and • is a binding obligation of the parties 14 18 2 Whether this Agreement has been modified and, if so modified, identifying the modifications 14 18 3 Whether a breach in the performance the material obligations under this Agreement exists and, if such a breach does exist, the nature and/or amount thereof 14 18 4 Which obligations of Developer under this Agreement are applicable, and which are not applicable, to a portion of the Project that is affected by a Transfer 14 18 5 Whether a Default exists [This Space Intentionally Left Blank, Signature On The Next Page] • 920570v1 26 Draft 2/5/07 A & B 118 IN WITNESS WHEREOF, the parties hereto have entered into this Development . Agreement as of the Agreement Date CITY CITY OF RANCHO CUCAMONGA, a California municipal corporation By Mayor ATTEST By Debbie Adams, City Clerk APPROVED AS TO FORM Richards Watson & Gershon, a professional corporation By • James L Markman, City Attorney DEVELOPER J FILIPPI VINTAGE COMPANY, INC , a California corporation By Joseph Filippi, By Its • Gino Filippi, 920570v1 27 Draft 2/5/07 A & B 119 STATE OF CALIFORNIA COUNTY OF On , 2007, before me, , a Notary Public in and for the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal (SEAL) Notary Public in and for the State of California • • STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On , 2007, before me, , a Notary Public in and for the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Notary Public in and for the State of California (SEAL) 920570v1 Draft 2/5/07 A&6120 • STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO On , 2007, before me, , a Notary Public in and for the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Notary Public in and for the State of California (SEAL) • STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On , 2007, before me, , a Notary Public in and for the State of California, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Notary Public in and for the State of California (SEAL) 920570v1 Draft 2/5/07 A&B121 EXHIBIT A LEGAL DESCRIPTION OF SITE P_~RQ~ NO 1 • All that portion of the Northeest 1/4 of Section 5, Tcwnshsp 1 South, F,ange 6 West, San BernaYt31no Base and I~ridian, in the City of Rancho Cucamonga, in the County of San B~~o, State of Californsa, accoz-cLng to the Official Plat of said land filed in the Distract Land Office June 1D, 1884, descr~d as follows B~III~INS at the Northeast corner of say d North~~est l; q of Section 5 , thence West, along the North 11r1e of said Section, 800.00 feet, thence South 652 25 feet; ~ thence F~.SL 800 00 feet, to the East line of sa~.d Northwest 1/4 , thence North, along said line 652 25 feet to the point of beginning. PARCEL 23C . 2 That portion of Lot 13 , Bloc: J of the Et~wanda Colony lends, as ~-~-'" Map recorded in P.laok 2 of Maps, Page 24, in the City of Rancho Cucamonga, County of San Bernds~.~.no, State of California, ~n the office of the County Recrorder of said County, described as follows BDCII~TINC at the Southwest corner of said Lot 13 ; said point also b=_ing on the North line of Base Lsne Street, thence North 00° 20' S0" East, 152.93 feet, along the West lsne of sas.d Lot 13 , to the Northwest comer of the land descn.bc-d in the Domed to Eller~a Broth_Ass , a Partsiership, record~Pd Septe'nL~r 8 , 1944 , in Bak 16 9 7 , Page 43 0 , of f ~ cial Records , in the office of the County Recosrler of said County; thence along the bolmdary of sated Ellena Bros Land the following courses and cil.stances , South 8 9 ° 54 ' 4 0" East , 0 18 feet to the h~suLng of a tangent • cu~.~-ve, concave Southwesterly, having a racLtus of 500 feet; thence Southeasterly, 331 52 feet, along th_ arc of said cui-xre, to the begs nn, r,g of a reverse cu_~-ve, concave Northeasterly, having a rads.us of 580.00 feet, th_nce Southeasterly 87 70 feet, along the arc of sas.d curve to sa~.d North line of Base Lane Street and said ScTSth l~s~.e of Lot 13, thence North 89° 38' 40" West 381.25 feet along said South lrr~.e of Lot 13 ar~d said North ls.ne of Base Lisle Street to the point of begin, ng, togethar with that portion of Baseline Avenue ad~olrLlilg said land on the Northeast a.s vacated by Resolution of the Bird of S~?rvi.sors of San BPma,-r3, nn County, a Certified Copy of wiLCh was recorded OVtober 9, 1967, in Book 6903, Page 328, Official Records. That certain parcel of land in the City of rancho Cucamonga, County of San Bernarduzo, State of C~ lzfonua, described as follow That certain street sho~Tn as 66 feet wide, kno~~n as Base Line Road, lying northerly and adjacent to Lots 3 and 4, Block S Etiwanda Colony Lands, as shown by P,~iap on file in Book 2, page 24 of A~aps, San Bernardino County R ecords lying easterly of the northerly prolongation of the west ].u1e of Parcel 4 of Parcel Map 1 X041, as per I~~ap on file uz Book 192, pages 93 to 100 of Parcel Maps, San Bernardino County Records, and lying westerly of a line perpe~7dicular to said Base Line Road at the most northwesterly corner of Lot B, Tract 16371 as per Map on fi]e in Book 29~, pages 59 to 63 of Tract Maps, San Bemardu~o County Records Eaceptmg there from any e~cistmg public street or sidewallc easement or nght-of--way areas A&B122 • EXHIBIT B DEPICTION OF SITE ~r. , - , _~ r •Ti { ~ • • ~' 1 --- ~. i (~~, ~~ 1 f'~-- - ' , _ ~ L-~ ~~~ 4-~ ~-~ _ !_~ ! ~ _ Base Li L /' ! > ~ ^ ^,, i W 920570v2 r--- ~ i ~- -', I ~~ ~ ~ gad------ -- _.r~--_ _-v~ ~ _ 1 I -~.. ! Winery COmple>< ) i__•` _ •.. '-~..~~ j --' _i L---f----i --- - --''-r- ~ -~-~--~--i ~~---~ ~> -, B A&B123 ~! I ' I.__ ' I 1 ~ ~1 ~~~, ,~1 ~, '~~~ ,• ~ ' r 1~ ~ ,~ ~~ ,. , ., ,~ /\ Draft• 2/21/07 ~~'~~` Subject Area 200 0 200 400 Feet EXHIBIT C VICTORIA COMMUNITY PLAN AMENDMENT • The following is a general summary of proposed amendments to the Victoria Community Plan This general summary will be replaced with the final approved wording of the proposed amendment 1 The Land Use Map of the Victoria Community Plan is amended to change the land use designation of the Site from High Density Residential to Mixed Use 2 The text of the Victoria Community Plan is hereby amended to add the following provisions Land Uses and Development Standards for the J Filippi Winery. Permitted Uses: 1 Restaurant without cocktail lounge or entertainment (a) A restaurant, as such term in defined in paragraph (b) of this section, of not less than square feet nor more than square feet of indoor dining space and not more than square feet of outdoor dining space shall be a permitted use on the J Filippi Winery Site subject to the following operational and development standards • (i) The restaurant shall feature Cucamonga wines, Cucamonga Valley grown wines, and Chateau Reynier Bordeaux wines on their menus/wine lists A minimum of 25% of the wines offered would be from Rancho Cucamonga (ii) The restaurant chefs and J Filippi Vintage Company shall collaborate in establishing detailed food/wine pairing information on menus, as well as featuring weekly recipes prepared with J Filippi and/or Chateau Reynier wines (iii) The restaurant shall be one of the featured caterers of the J Filippi Winery banquet room (iv) The restaurant shall host wine education events, including winemaker luncheons and dinners with Chef(s) and Winemaker(s) not less than four times per calendar year (v) The restaurant shall host "meet the wine educator" tastings not less than four times per calendar year (vi) The restaurant shall host wine events featuring local colleges (Chaffey, Cal Poly Pomona, University of Laverne, the Claremont Colleges, including the Claremont Graduate School, etc ), historical associations (Etiwanda), and 920570v 1 C-1 Draft 2/5/07 A&6124 art associations (Chaffey Community Art Association) not less than four times per • calendar year (vii) The restaurant shall host regional wine tasting competitions, seminars, lectures, etc, not less than four times per calendar year (viii) The restaurant shall host "Cooking with Wine" classes making projects on display (ix) The restaurant shall participate in custom wine- (x) There shall be winery displays in the restaurant (xi) The restaurant shall have wine and vineyard artifacts (b) Definition of "restaurant " For purposes of this section, a "restaurant" shall mean an establishment that serves food to customers m asst-down setting based on printed menus and where the food is served to customers at their table by waters and waitresses For purposes of this section, the term "restaurant" does not include a nightclub, a bar serving food, a coffee shop, a sandwich shop, or a pizza or ice-cream parlor (c) Timing of Events at Restaurant The dates and times of day on which specified events, as listed in paragraph (b) occur on Site shall be coordinated in such a way so as to ensure that there will be adequate parking available for the public on Site, and shall comply with the requirements of a parking demand study prepared for the Site 2 Artists' Live/Work Lofts (a) Artist Live/Work Loft defined An artist live/work loft shall mean a leaseable unit within which an artist has a living space, including a kitchen, bathroom and bedroom, and an artist's studio Depending on the location of the unit in the structure, the artist's studio may be used as a retail art gallery space for work produced by that artist or other artists on the Site No person may lease or occupy an artist live/work loft unless he or she is an artist producing art on the Site or is a member of that artist's immediate family or living unit (b) Artist defined The term "artist" for purposes of an occupant in an artist live/work unit shall be defined as including any of the following fine art painters, illustrators, sculptors, ceramic artists, authors/writers, woodworkers, photographers, jewelers, archivists/curators, fashion designers, interior designers, stained glass designers, graphic artists, and craft makers (c) Winery and Artists Relationship In order to facilitate a successful economic relationship between the winery and the artists on Site, the Winery 920570v 1 C-2 Draft 2/5/07 A&B125 shall produce art exhibits and shows in the gallery, in the outdoor paseo areas and in the winery and restaurants, in coordination with artists, local colleges, art associations • and art historical foundations Events shall be designed to promote the artists, restaurants and winery and may include hosted tours of the vineyards, picnics in the park, outdoor or indoor receptions, wine tasting events featuring artists' work, etc Not less than four such events shall occur on Site each calendar year The date and time of day of the events shall be coordinated in such a way so as to ensure that there will be adequate parking available for the public on Site, and shall comply with the requirements of a parking demand study prepared for the Site 3 Winery Facilities As permitted under Conditional Use Permit 94- 77, the existing winery facility will continue to grow, produce, bottle, age and distribute wine products The retail sale and tasting of wine shall continue on Site along with the banquet facility with catering kitchen Public exhibition of artifacts within the winery shall continue on Site Conditionally Permitted Uses The following uses are conditionally permitted on the Site and shall be subject to the issuance of a conditional use permit by the City 1 A restaurant with cocktail lounge or bar serving distilled spirits, subject to the operational requirements for "restaurants without cocktail lounges or entertainment" as provided herein 2 A restaurant with entertainment, as defined in Municipal Code Section 5 12 020, subject to approval of an Entertainment Permit, and subject to the operational requirements for "restaurants without cocktail lounges or entertainment" as provided herein Development Standards 1 Setbacks, Design Guidelines and Landscape Guidelines The front, side, and rear setbacks for all dwelling units and commercial structures shall as follows front setback ,side yard setback ,and rear yard setback 2 Standards and Restrictions Pertaining to Development of the Real Property The following specific restrictions shall apply to the use of the Winery Land pursuant to this Development Agreement (a) The final design of individual buildings shall be subject to a City approved Development Review procedure, to be applied for by the Winery, and (c) The maximum number of required off-street parking spaces shall be as shown on the Master Plan tabulation under "required parking", and • 920570v 1 C-3 Draft 2/5/07 A & B 126 (d) The minimum private open space requirement for the • live/work artist loft units shall be 200 s f /unit, unless a smaller amount is approved for a particular unit pursuant to the Development Review process, and (e) The minimum structural setbacks from interior drive aisles, and between adjacent structures shall be shown on the Winery Master Pian, and (f) The quantity, timing of planting, location and development of "Vineyard Land" shall be as shown on the Winery Master Plan (Exhibit "C"), subject to the requirements of the New Ground Lease These areas shall serve to satisfy the requirements in Exhibit A of the New Ground Lease for "Vineyard Land" only if Exhibit A to the New Ground Lease amended to so provide • • 920570v 1 C-4 Draf[ 2/5/07 A&B127 EXHIBIT C VICTORIA COMMUNITY PLAN AMENDMENT • The following is a general summary of proposed amendments to the Victoria Community Plan This general summary will be replaced with the final approved wording of the proposed amendment 1 The Land Use Map of the Victoria Community Plan is amended to change the land use designation of the Site from High Density Residential to Mixed Use 2 The text of the Victoria Community Plan is hereby amended to add the following provisions Land Uses and Development Standards for the J. Filippi Winery Permitted Uses• 1 Restaurant without cocktail lounge or entertainment (a) A restaurant, as such term in defined in paragraph (b) of this section, of not less than square feet nor more than square feet of indoor dining space and not more than square feet of outdoor dining space shall be a permitted use on the J Filippi Winery Site subject to the following operational and development standards • (i) The restaurant shall feature Cucamonga wines, Cucamonga Valley grown wines, and Chateau Reynier Bordeaux wines on their menus/wine lists A minimum of 25% of the wines offered would be from Rancho Cucamonga (ii) The restaurant chefs and J Filippi Vintage Company shall collaborate in establishing detailed food/wine pairing information on menus, as well as featuring weekly recipes prepared with J Filippi and/or Chateau Reynier wines (iii) The restaurant shall be one of the featured caterers of the J Filippi Winery banquet room (iv) The restaurant shall host wine education events, including winemaker luncheons and dinners with Chef(s) and Winemaker(s) not less than four times per calendar year (v) The restaurant shall host "meet the wine educator" tastings not less than four times per calendar year (vi) The restaurant shall host wine events featuring local colleges (Chaffey, Cal Poly Pomona, University of Laverne, the Claremont Colleges, including the Claremont Graduate School, etc ), historical associations (Etiwanda), and • 920570v1 C-1 Draft 2/5/07 A & 6128 art associations (Chaffey Community Art Assoaation) not less than four times per calendar year (vii) The restaurant shall host regional wine tasting competitions, seminars, lectures, etc, not less than four times per calendar year (viii) The restaurant shall host "Cooking with Wine" classes (ix) The restaurant shall participate m custom wine-making projects (x) There shall be winery displays in the restaurant (xi) The restaurant shall have wine and vineyard artifacts on display (b) Definition of "restaurant " For purposes of this section, a "restaurant" shall mean an establishment that serves food to customers in a sit-down setting based on printed menus and where the food is served to customers at their table by waters and waitresses For purposes of this section, the term "restaurant" does not include a nightclub, a bar serving food, a coffee shop, a sandwich shop, or a pizza or ice-cream parlor (c) Timing of Events at Restaurant The dates and times of day on • which specified events, as listed in paragraph (b) occur on Site shall be coordinated in such a way so as to ensure that there will be adequate parking available for the public on Site, and shall comply with the requirements of a parking demand study prepared for the Site 2 Artists' Live/Work Lofts (a) Artist Live/Work Loft defined An artist live/work loft shall mean a leaseabie unit within which an artist has a living space, including a kitchen, bathroom and bedroom, and an artist's studio Depending on the location of the unit in the structure, the artist's studio may be used as a retail art gallery space for work produced by that artist or other artists on the Site No person may lease or occupy an artist live/work loft unless he or she is an artist producing art on the Site or is a member of that artist's immediate family or living unit (b) Artist defined The term "artist" for purposes of an occupant in an artist I~ve/work unit shall be defined as including any of the following fine art painters, illustrators, sculptors, ceramic artists, authors/writers, woodworkers, photographers, jewelers, archivists/curators, fashion designers, interior designers, stained glass designers, graphic artists, and craft makers (c) Winery and Artists Relationship In order to facilitate a successful economic relationship between the winery and the artists on Site, the Winery shall produce art exhibits and shows in the gallery, in the outdoor paseo areas and in the 920570v 1 C-2 Draft 2/5/07 A&6129 winery and restaurants, in coordination with artists, local colleges, art associations and art/historical foundations Events shall be designed to promote the artists, restaurants and winery and may include hosted tours of the vineyards, picnics in the park, outdoor or indoor receptions, wine tasting events featuring artists' work, etc Not less than four such events shall occur on Site each calendar year The date and time of day of the events shall be coordinated in such a way so as to ensure that there will be adequate parking available for the public on Site, and shall comply with the requirements of a parking demand study prepared for the Site 3 Winery Facilities As permitted under Conditional Use Permit 94-77, the existing winery faality will continue to grow, produce, bottle, age and distribute wine products The retail sale and tasting of wine shall continue on Site along with the banquet facility with catering kitchen Public exhibition of artifacts within the winery shall continue on Site Conditionally Permitted Uses The following uses are conditionally permitted on the Site and shall be subject to the issuance of a conditional use permit by the City 1 A restaurant with cocktail lounge or bar serving distilled spirits, subject to the operational requirements for "restaurants without cocktail lounges or entertainment" as provided herein 2 A restaurant with entertainment, as defined in Municipal Code • Section 5 12 020, subject to approval of an Entertainment Permit, and subject to the operational requirements for "restaurants without cocktail lounges or entertainment" as provided herein Development Standards 1 Setbacks, Design Guidelines and Landscape Guidelines The front, side, and rear setbacks for all dwelling units and commercial structures shall as follows front setback side yard setback and rear yard setback 2 Standards and Restrictions Pertaining to Development of the Real Property The following specific restrictions shall apply to the use of the Winery Land pursuant to this Development Agreement (a) The final design of individual buildings shall be subject to a City approved Development Review procedure, to be applied for by the Winery, and (c) The maximum number of required off-street parking spaces shall be as shown on the Master Plan tabulation under "required parking", and 920570v1 C-3 Draft 2/5/07 A&6130 (d) The minimum private open space requirement for the live/work • artist loft units shall be 200 s f /unit, unless a smaller amount is approved for a particular unit pursuant to the Development Review process, and (e) The minimum structural setbacks from interior drive aisles, and between adjacent structures shall be shown on the Winery Master Plan, and (f) The quantity, timing of planting, location and development of "Vineyard Land" shall be as shown on the Winery Master Plan (Exhibit "C"), subject to the requirements of the New Ground Lease These areas shall serve to satisfy the requirements in Exhibit A of the New Ground Lease for "Vineyard Land" only if Exhibit A to the New Ground Lease amended to so provide • 920570v 1 C-4 Draft 2/5/07 A&6131 EXHIBIT D MASTER PLAN • • r~ 920570v 1 D Draft 2/5/07 A&B132 ~ ~ ~ ~. ~~ ~~~ i aI a 7 ~ ~ ~ ~~~~9~~q ~~ ~ ~ ~ ~ ~ ~ ~a ~~~~~~~~~~ ~ ~ ~~ ? n ~ {y~ I_~ = 9 E ,RU^`_ J, U 6 - ~~ ~~ ~~ 0 4 0 W z W Q m ~ a a a o a ~e ~~a 3 0 a d~ ~ a ~ O • O U g o °n a ~ab~~~'~~u~_ ~~~~g°63<'~Sa a O 9 U 0 u a 0 I~ Y ~ L d 9 ~~ ~9g}p}p}p7 3 k _ Y O ~ ~ ~ a Q gm m' m W n ~ p ~ ° ~ a ~ W J_„ n v m a ~ s ~ . ~ ~ w,,.cmir.l.+s a Qg V ~ J G t ` Z sg ~. £ F'- ~8 ~° ~ / /~~}I" Fop !~S~ I ;a to ! c 1 n r~ ~ _ ° a r y R J ~o ~ % ~ ~ ~~~ F ,~~ r ~ ~~/ L Y~I _'~ OI P / ~ n1 NG I ° 8 R ,~ w ~ p I~r-~s l -~ ~+J 8 I+ ES ~i.. //~ I I GG~ 6 +~YL ~ _ ~ _ _ _- ' ~ ~7 ~ ONl p ~a g, , ~, ° ~~~ ~ - m //~' __~___ \~ { ` ° w as " I ~'' -`~3: F, ~~ o k1 Q eA~ ~5 l ; ~I c~w ~~~ . ~~~ r ~~'°a I i V ~~ y rz ~I''°Ai8 ~r 1 ~ -_ -- _ _ i ~ ~ z I 'ba [ I GLF c c J f° ~ A ~I ni~'+ ^ _-~...~ zl I I / ~~ lV'X)J - _ __ _ _ 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O~ ,~] V LV EXHIBIT E EXISTING APPROVALS Rancho Cucamonga General Plan Victoria Community Plan Victoria Community Plan Amendment Master Plan for the J Philippi Winery Mitigated Negative Declaration covering the Protect, approved by the City Counal on 2007 Approval of this Agreement by the City Council pursuant to the Authorizing Ordinance, which shall be deemed to include all necessary approvals by City of the Master Plan • 920570v1 E Draft 2/5/07 A&6142 • RESOLUTION NO 07-01 A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LANDMARK ALTERATION PERMIT DRC2007-00150, A LANDMARK ALTERATION REQUEST TO ALLOW EXTERIOR MODIFICATIONS FOR ARCHITECTURAL ENHANCEMENTS TO THE HISTORIC ELLENA-REGINA WINERY ON 14 33 ACRES OF LAND (COMMONLY KNOWN AS THE JOSEPH FILIPPI WINERY) LOCATED AT 12467 BASE LINE ROAD - APN 0227-161-10, 0227-161-24, AND 1089-581-04, AND MAKING FINDINGS IN SUPPORT THEREOF A Recitals 1 Pitassi Architects Inc filed an application for the approval of Landmark Alteration Permit DRC2007-00150, as described in the title of this Resolution Hereinafter in this Resolution, the subject Landmark Alteration Permit request is referred to as "the application " 2 On the 11th day of April 2007, the Historic Preservation 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 Historic Preservation 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 April 11, 2007, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows a The site is located on the south side of Base Line Road, approximately 550 feet east of Day Creek Boulevard, and is characterized by the heavily use, during historic times, as a winery and agricultural development There is existing single-family and commercial development to the north, single-family residential to the south and east, and commercial to the west The site is relatively flat, draining to the south Vineyard improvements are significantly highlighted to support the winery and provide a buffer to the residential areas to the east and south, and b The winery on the property of the proposed application was designated as an Historic Landmark by the City Council on February 1, 1995, and c The application proposes to enhance the architectural features of the winery as part of a mixed use winery land/complex with restaurants, residential dwellings (work/live lofts), and an art gallery A&6143 HPC RESOLUTION NO 07-01 DRC2007-00150 - PITASSI ARCHITECTS INC April 11, 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 alteration is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located, and b The proposed use, together with the Landmark Alteration Permit, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, and c The application, which contemplates operation of the proposed use, complies with each of the applicable provisions of the Development Code, and d Based upon the changes and alterations which have been incorporated into the proposed project, no significant adverse environmental effects will occur 4 Based upon the findings and conclusions set fort in Paragraphs 1, 2, and 3 above, This Commission hereby approves Landmark Alteration Permit DRC2007-00117, subject to each and every condition set forth below Planning Department • 1 } Approval of this request shall not waive compliance with any sections • of the Development Code, State Fire Marshall's regulations, Uniform Building Code, or any other City Ordinances 2) Copies of the signed Planning Commission Resolution of Approval No 07-01, Standard Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect 3) 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 4) 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 5) 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 A&B144 HPC RESOLUTION NO 07-01 DRC2007-00150 - PITASSI ARCHITECTS INC April 11, 2007 . Page 3 6) 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 7) 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 8) Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Speafic Plans in effect at the time of building permit issuance 9) 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 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) All future building pads shall be seeded and irrigated for erosion control Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of building permits 12) All future projects within the winery center shall be designed to be compatible and consistent with the architectural program established 13) The signs indicated on the submitted plans are conceptual only and not a part of this approval Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs Building and Safety Department See attached copy of Department Requirements dated June 2, 2005 Engineering Department 1) Base Line Road frontage existing improvements are to be protected including, but not limited to, curb and gutter, sidewalk, streetlight and signage including the westerly "Joint Use" driveway with the adjacent development to the west A&6145 HPC RESOLUTION NO 07-01 DRC2007-00150 - PITASSI ARCHITECTS INC April 11, 2007 Page 4 2) Provide a "Joint Use" access agreement with the development to the west 3) Fees due prior to receiving building permit (subject to periodic increases) a) Transportation - $5,487 per thousand square feet of building b) General City Drainage - $16,770 per net acre 5 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 11TH DAY OF APRIL 2007 HISTORIC PRESERVATION 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 Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 11th Day of April 2007, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS r~ • A&6146 June 2, 2005 Fillips Winery 12427 Baseline Rd DRC2005-00361 NOTE: Any revisions may void these requirements and necessitate additional review. A. New Structures 1 Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistive construction 2 The project shall be designed to comply with the 2001 California Building Codes (CBC), the California Fire Code and with RCFPD Ordinances 15 & 39 3 Provide compliance with the California Building Code for required occupancy separations 4 Provide draft stops in attic areas, not exceed 3,000 square feet, in accordance with CBC Section 1505 5 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 6 Openings in exterior walls shall be protected m accordance with CBC Table 5-A 7 Provide the required restroom faalities per the CBC Appendix chapter 29 8 Ail exit components must comply with the requirements of CBC Chapter 10 (adjoining rooms, rated corridors, door swings, separation of exits, etc ) 9 At the time of tenant improvement plan check submittal (for construction) additional requirements may be required 10 Clearly indicate on the plans compliance with ADA requirements for the disabled 11 A register architect must sign and stamp the plans B. General Requirements 1 Submit five conceptual sets of plans including the following a Site/Plot Plan b Floor Plan A & B 147 Page 1 of 3 c Foundation Plan d Ceiling and Roof Framing Plan e Electrical Plans (2 sets, detached) including the size of 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 g Planning Division CUP Tracking Number must be clearly noted on the Title Sheet of the plans h Separate permits are required for fencing and/or walls i All sheets must be marked NOT FOR CONSTRUCTION 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal 3 Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance 4 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division C Site Development Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the protect file number (i e , DRC2003-00110 and • SUBTPM16125) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new commercial or industrial development protect or mator addition, the applicant shall pay development fees at the established rate Such fees may include, but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance 3 The Building and Safety Official shall provide the street addresses after tract/parcel map recordation and pnor to issuance of building permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday through Saturday, with no construction on Sunday or holidays 5 Construct trash enclosure(s) per City Standard (available at the Planning Division's public counter) D. Grading Grading of the subtect 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 Pian A & B 148 Page 2 of 3 2 A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work . 3 A geological report shall be prepared by a qualified Engineer or Geologist and submitted at the time of application for grading plan check 4 At the time of tenant improvement plan check submittal (for construction) additional requirements may be required 5 The final Grading 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 6 A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The Grading Plan shall be prepared, stamped, and signed by a California registered Civil Engineer Note on title sheet that tenant improvement plans must be submitted for plan check and be approved prior to construction The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Division if you have any questions about the procedure at 909-477-2710 • • A & B 149 Page 3 of 3 /~,~ \ _ ~ ~~• -`o ~ ' -~7~.~ ~~~ ~ I cz~~ T H E C I T Y O F R A N C l1 0 C U C A M O N C A Staff Report DATE April 11, 2007 TO Chair and Members of the Planning Commission FROM James R Troyer, AICP, Planning Director BY Larry Henderson, AICP, Principal Planner/Trails Coordinator SUBJECT TRAIL PRIORITIES ANNUAL REVIEW ANALYSIS A Trail Priorities The City's Trails Implementation Plan adopted in 1991 sets forth trail • improvement priorities, which are to be reviewed each year to adjust the priority based upon urgency, availability of funding, and revised cost estimates The ALRC (Alta Loma Riding Club) has proposed a list of the Community Hiking and the Riding trail projects to be given funding priority that are contained in the attached letter dated February 14, 2007 This year the City should complete the Archibald Avenue Trail Improvements from Banyan Street to Wilson Avenue Staff concurs that all these locations would provide important linkages by "filling gaps" in the existing trail network The Trails Advisory Committee (TAC) met on March 14, 2007, and staff reported orally on their action to the Parks and Recreation Commission March 15, 2007 The Parks and Recreation Commission concurred with the TAC and are therefore forwarding their recommendation to the Planning Commission on April 1 1, 2007, and then, subsequently, to the City Council as part of the City Engineer's Budget recommendations TRAILS ADVISORY AND PARKS AND RECREATION COMMISSION RECOMMENDATION On March 14, and March 15, 2007, respectively, the TAC and Parks and Recreation Commission reviewed this item, recommended approval as previously described, and made the following additional comments and recommendations 1 The residential areas currently within the City are nearing build-out and the completion of the Trails System has not proceeded in a similar manner because of the back log of those uncompleted or nonexistent trails located within areas developed prior to the City's Incorporation The City's current rate of construction is less-than an average of a 1/4 mile of the trail per year would mean the system would • not be implemented for many years Given the increase in traffic levels and the trail ITEM C PLANNING COMMISSION STAFF REPORT TRAILS PRIORITIES ANNUAL REVIEW April 11, 2007 Page 2 system needs, it is recommended that a policy be considered to increase the completion rates of these remaining trail gaps _- 2 Because of the traffic safety, grade condition, and high equestrian usage on Sapphire Street, it is highly recommended that the remaining gaps in the Sapphire Street segments outlined in the ALRC letter be funded and completed in 2007-2008 if at all possible B Funding The Trail projects are generally funded as Capital Improvement Projects RECOMMENDATION Staff recommends approval of the proposed priorities The recommendation of the Planning Commission will be forwarded to the City Engineer, and City Council Respectfully, p !1 Ja es R Troyer, AICP Planning Director JRT LH/ric Attachments Exhibit A -Alta Loma Riding Club Recommendations dated February 14, 2007 • • C-2 r r~ ALTA LOMA RIDING CLUB • February 14, 2007 City of Rancho Cucamonga Attn Joe O'Neil, City Engineer 10500 Civic Center Dr Rancho Cucamonga, Ca 91730 Deaz Mr O'Neil The ALRC Board has reviewed our trail improvement list subrrutted last year, and made updates Some of the Important factors we consider when evaluating trails that need inprovement are level of use, safety and the proxunity to completed trail sections The sections noted towards the top of the list are those that have been of longest concern to the ALRC Those listed later are those that leave been of more recent concern 1 Beryl St., North of Banyan, up to Wilson -This trail starts on the east side of Beryl, at Banyan, crosses Beryl, at the South Side of Man'an~ta, to a concrete sidewalk with a storm drain It then crosses Man~anita and proceeds up the west side of Beryl, connecting with the completed trails in the Concordia Development of homes We have identified this as our first pnonty due to the extreme safety and nsk factors at this location The portion on the east side of Beryl, starting at Banyan is slightly elevated and has a retaining wall, of one to two feet in height, next to the street Horses are often spooked by dogs and activities in the yards adjacent to this trail This poses an extreme nsk to the nders, horses and oncoming traffic Removal of rocks and the addition of decomposed granite would also increase the safety of the footing in both of these areas In addition, the double crossing at Manzanita and Beryl poses additional nsk 2 Sapphire, from 5708 Sapphire continuing north to Hillside, and a short section from Whirlaway to La Senda -This trail near Jennet runs on the west side of the street, It is another high use area This trail area is very unsafe and has a high nsk factor as nders aze forced to nde on the concrete sidewalk or in the street Either way, they nsk slipping and/or falling We also note that bike lanes have been added on Sapphire, between Jennet and Hillside, which poses another nsk to those ndmg in the street ~ EXHIBIT A C-3 3 Banyan, between Carnelian and Archibald -This incomplete trail runs on the north side of Banyan At the present, it is ununproved, leaving riders to nde in the street with traffic This is a significant risk due to the amount and speed of traffic m this area, and the potential for horses to slip on the pavement A continuing concern is that a delay in making this particulaz unprovement may increase the problems of future implementation due to changes made by homeowners, within the trail easement We would note that this area is subject to more homeowner improvements as the trail easement is at the front of the properties If delays are expected, we would recommend that lesser funding be used to educate/remind the residents that the easement exists, in order to deter further homeowner improvements and hopefully to lessen the future cost of trail unprovements for this area. 4 Archibald, (west side) from Hidden Farm to the trail north of Norbrook and from the trail south of Norbrook to Hillside -The street is quite steep in this area and increases the chances of horses slipping and horses currently have to nde in the street at these locations 5 Almond, (south side) from Sapphire to Carnelian - This area may be fairly easy to improve as the area is fairly clean PVC fencing would benefit the safety of the trail and beautrfy it as well 6 Wilson (south side) from Hellman to the first trail east of Zapata -This area is somewhat of a safety concern for two reasons First, traffic travels at a fast pace here Second, the street is fairly narrow, so horses are quite close to traffic when on the trail area PVC fencing would improve the safety factor by providing a bamer between horses and the traffic 7 Carnelian (west side) from Wilson to Banyan - Traffic travels quite fast on this street, so unproving it would increase the trail safety greatly 8 Hillside (south side) From Amethyst to the first trail east of Eastwood - This part of Hillside will have more emergency traffic when Fire Station # 177 is built Horses currently have to nde m the street in this area This trail will be greatly needed for safe equestrian passage after the fire station is built r] C-4 Trail connections are being made often on the east end of Rancho Cucamonga, as • developments are built with trail connections The west end of the City lacks these connections as most of this area was built before the Crty was incorporated They are an important part of the heritage of the comrnuruty, add to the value of nei~ghbonng properties and provide safe recreational opportunities for pedestrians and equestrians As always, the Alta Loma Riding Club greatly appreciates the City's dedication to the continued improvements of these trails Sincerely, Carol Douglass ALRC Crty Liaison cc Crty Council Larry Henderson, Principal Planner • C] C-5 • • MEMORANDUM PLr\NNING DEP.~RTMENT Date April 11, 2007 To Chairman and Members of the Planning Commission From James Troyer, AICP, Planning Director Subject UPDATE ON ISSUES REGARDING HILLSIDE COMMUNITY CHURCH RANCHO C,UCAMONGA During the March 28, 2007 Planning Commission hearing, public comment was received from a resident who resides adjacent to the Hillside Community Church The resident stated at the Planning Commission hearing that the recent activities at Hillside Community Church created adverse impacts During the hearing, the Planning Commission requested that this resident provide a list of the issues On April 4, 2007, the resident provided the Planning Department with a list of issues The Planning Department is requesting a continuance of this item until April 25, 2007 to provide adequate time for review of the issues and for the preparation of a report to the Planning Commission ITEM D Planning Commission Meeting of ~~') 1 ~ ~ , ~~ RANCHO CUCAMONGA PLANNING COMMISSION SIGN-UP SHEET Please print your name, address, and city and indicate the item you have spoken regarding Thank you NAME 1 ~v, __ d ~3~_ l '~ • 3~ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 u ~ ((,, ~~ ~% ~S i ADDRESS CITY ITEM ~ .~ t~ ~` t"~ ~ ~ d ~ f t t~ ~ ~'! ~ ~i~~lll"~ 1,.0~~+~` ~{, t~ ~~ 1 ~~ a`4 6 LANDMARK ALTERATION / DRC2007-00116 ~~1 N Shawn Judson, Ed D Superintendent Douglas M Claflin Assistant Superintendent of Business Services Rebecca M Lawrence Assistant Supenntendent of Instruc6onlPupil Services Heidi M Soehnel Assistant Superintendent of Personnel Sylvia Kordich Administrator of Special Programs ~tiwanda 1883 6061 East Avenue, Etlwanda, Callfornla 91739 www ettwanda k12 ca us (909) 899-2451 FAX (909) 899-9463 . ~~~i~~~~ VIA CERTIFIED MAIL, ~N~c~Nd~a ~~ RETURN RECEIPT REQUESTED Z ~ ~ April 2, 2007 City of Rancho Cucamonga Planning Division P O Box 807 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Attention Larry Henderson Planner Board of Trustees Brynna Cadman Cathllne Fort Davld W Long Mark H Murphy Cecllla L Solono d'~~~ Re Victoria Planned Community Amendment DRC2006-00444 (Joseph Fihppi Winery) Dear Mr Henderson The Etlwanda School District is responding to the City's notice of March 19, 2007 on the above prof ect Anticipated Student Generation From the Project The protect lies entirely within the Etlwanda School District It is our understanding that the protect is presently planned to consist of 30 live/work artist lofts on 14 13 acres, located 12467 Baseline Road, in the High Density Residential District The protect will impact the District by generating new students at all grade levels Student generation factors for new multi-family attached units for the District are Grade Level K-5 1899 Grade Level 6-8 0805 Total 2704 Therefore, it >s anticipated that this protect will generate 5 7 K-5 students and 2 42 students in grades 6-8 The project will have significant unmitigated effects As noted above, there will be a significant shortfall m facilities construction funds to construct the school facilities needed due to this project This project will add an estimated 7 to 9 students to the District's school system, already at capacity School Facilities Impact Miti~ahon The District will require payment of school facility fees at or before the time building permits are issued in the amount of $2 90 per square foot pursuant to Government Code sections 65995, 65995 5 and 65995 6, plus the Etiwanda School District special tax of $2,743 91 per unit Full mitigation could also be accomplished by means of a Mello-Roos Community Facilities District for school facilities In order to reduce the burden on the future homeowners, it is possible to structure the community facilities distract such that some of the special taxes would be prepaid by the developer The Distract and its counsel would be pleased to assist the developer in structuring a voluntary mitigation agreement containing provision for the formation of a Mello-Roos Community Facilities District If you have any questions, please contact the undersigned Very truly yours, ~ ~~!\~~~~~ ~'/~ " ~ <~ ~ ~~~ al r Do s M Claflin ~ ~ ~~,~~a ~~ ~~~ ~ Assistant Superintendent, Business Services ~ ~~~~~~~~~;~ :~~'~ ~1.~ DMC/~c Etnvanda School Drstrrct page 3 Crty of Rancho Cucamonga/Joseph Frhppr Winery 4-2-07 L ~~~~~,~~~? e. ~~~~1~~~~~~~s~ + ~ Gl lV G~ f~~,~,l~l-~~, C~'a~f~G~~ ~~, Impact on the District's Facilities ~~~Ef~~~ - ~~~~v~"1~~~ The District currently operates eleven elementary and four intermediate schools with a current enrollment in excess of 12,042 students The existing schools that would serve this project are already at or above capacity and will not be able to accommodate all of the students expected to be generated from this project m addition to students to be generated from other projects within the District m the next five years The District's current enrollment capacity is only 10,023 The District's current cost of providing new grade K-8 facilities is $16,843 per new single-family detached dwelling unit The District is authorized to collect $2 90 per square foot of assessable space on new residential construction pursuant to Government Code sections 65995, 65995 5 and 65995 6, pursuant to a resolution to that effect However, for an average single family detached residential unit of 2,497 square feet, the amount raised from fees would be $7,241 as opposed to the actual cost of school facilities of $16,843 It is clear that the $2 90 per square foot fee will not provide nearly enough funds for the District to provide the necessary school facilities The District's current estimated costs for elementary and intermediate schools are as follows Elementary School $20,258,800 (800 students) Intermediate School $40,228,000 (1,300 students) The cost of the school facilities necessary to serve this project can therefore be estimated as follows Elementary School (5 7 x 25,324 per student) _ $144,346 80 Intermediate School (2 42 x 30,945 per student) _ $74,886 90 Interim Housing and Central Administrative Support ($1,101 x 5 7 (elem ), $1,261 x 2 42 (Int )) _ $9,327 32 Total $228,561 02 Dividing this amount by the 30 units results in a full mitigation amount for elementary and intermediate school facilities of $7,618 70 per dwelling unit m this project, or $6 74 per square foot for an average 2,497 square foot home Compared to the full mitigation need for $16,843 per dwelling umt, the statutory school facility fee of $2 90 per square foot generates only $7,241 on an average new single-family detached home of 2,497 square feet This covers only 43 percent of the full impact Commercial and mdustnal school facility fees of $0 29 per square foot fund only about six percent of the remaining unfunded impact of development The District has few alternatives to requesting full mitigation from the developers of residential projects All other District funds are fully committed to maintaining current operation Ehwanda School Drstrrct PaSe 2 Crty of Rancho Cucamonga/Joseph Frhppr Winery 4-2-07 t_.;, ~'~ COMMUNITY DEVELOPMENT ' ;~- DEPARTMENT Y ~~~\ `u L ,- t STANDARD CONDITIONS PROJECT #: DEVELOPMENT REVIEW DRC2005-00327 SUBJECT MASTER PLAN FOR CHINESE FAMILY CHURCH APPLICANT: CHINESE CHRISTIAN FAMILY CHURCH LOCATION: 8619 BAKER AVENUE - APN 0207-132-53 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 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 Clty, 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 ~.r~ 2 Copies of the signed Planning Commission Resolution of Approval No©`, Standard Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits This Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations SC-1-05 1 Completion Date -/-/- _/ /_ -/-/- -/-/. I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2005-00327StdCond 3-28 doc Protect No DRC2005-00327 D. 2 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 3 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 4 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 ) 5 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 6 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 Building Design All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the 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 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped F. Landscaping A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits 2 Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19 08 110, and so noted on the grading plans The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods For non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage 2 Completion Date -/-/- -/-/- -/-/- -/-/- -/-~ -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2005-00327StdCond 3-28 doc Project No DRC2005-00327 G. Signs 1 The signs indicated on the submitted plans are conceptual only and not a part of this approval Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to Installation of any signs 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) H. General Requirements Submit five complete sets of plans Including the following a Slte/Plot Plan, b Foundation Plan, c F-oor Plan, d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) Including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g Planning Department Project Number (I e , DRC2005-00327) clearly Identified on the outside of all plans h Separate permits are required for fencing and/or walls All sheets must be marked NOT FOR CONSTRUCTION 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 Clty licenses and Workers' Compensation coverage to the Clty prior to permit issuance 4 Business shall not open for operation prior to posting the Certificate of Occupancy Issued by the Building and Safety Department I. Site Development Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the project file number (i e , DRC2005-00327) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to Issuance of building permits for a new commercial or Industrial development project or mayor addition, the applicant shall pay development fees at the established rate Such fees may Include but are not limited to Clty Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance 3 Completion Date -/-/ -/-/- -/-/- -/-/- -/-/- -/-/- -/-/- I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2005-00327StdCond 3-28 doc Project No DRC2005-00327 Completion Date 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) _ _ _ J. 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 The project shall be designed to comply with the 2001 California Building Code (CBC}, the _ _ _/ / California Fire Code with the RCFPD Ordinances 15 and 39 _ _ 4 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505 5 Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/ 6 Openings in exterior walls shall be protected in accordance with CBC Table 5-A _ _/_/_ 7 Provide the required restroom facilities per the CBC Appendix Chapter 29 8 All exit components must comply with the requirements of CBC Chapter 10 (adjoining rooms, _/_/_ rated corridors, door swings, separation of exits, etc 9 At the time of tenant improvements plan check submittal (for construction) additional _/_/_ requirements may be required 10 Clearly indicate on the plans compliance with ADA requirements for the disabled _/_/_ 11 A registered architect must sign and stamp the plans _/_/_ K. Grading 1 Grading of the subject property shall be in accordance with California Building Code, City Grading _/_/_ Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work 3 A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check 4 At the time of tenant improvement plan check submittal (for construction) additional requirements _/_/_ may be required 5 The final grading 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 4 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2005-00327StdCond 3-28 doc Protect No DRC2005-00327 6 A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer L. Additional Requirements/Comments Note on title sheet that tenant improvement plans must be submitted for plan check and be approved prior to construction The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Division if you have any questions about the procedure at (909) 477-2710 APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Street Improvements 1 All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc) shown on the plans and/or tentative map shall be constructed to City Standards Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees 2 Pursuant to City Council Resolution No 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development 3 Construct the following perimeter street improvements including, but not limited to Street Name Curb & Gutter A C Pvmt Side- walk Drive Appr Street Lights Street Trees Comm Trail Median Island Bike Trail Other Baker Avenue X X X (f) Sandalwood Court X (e) Notes (a) Median island includes landscaping and irrigation on meter (b) Pavement reconstruction and overlays will be determined during plan check (c) If so marked, sidewalk shall be curvilinear per Standard 114 (d) If so marked, an in-lieu of construction fee shall be provided for this Item (e) curbside drain outlet, (f) curb and gutter to replace removed drive approaches 4 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 5 Completion Date -/_/ -/-/- -/-/. -/-/- -/-/. -/-/- I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2005-00327StdCond 3-28 doc Protect No DRC2005-00327 b Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Clty Engineer's Office in addition to any other permits required c Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer d Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along mayor or secondary streets and at intersections for future traffic signals and interconnect wiring Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes 1) Pull boxes shall be No 6 at intersections and No 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer f Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permits are required A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer g Concentrated drainage flows shall not cross sidewalks Under sidewalk drains shall be installed to City Standards, except for single family residential lots h Street names shall be approved by the Planning Director prior to submittal for first plan check 5 Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards In accordance with the City's street tree program 6 Install street trees per City street tree design 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 Min Grow Street Name Botanical Name Common Name Space Spacing Size Qty Sandalwood Court Chionanthus retusa Chinese Fringe Tree 3' 20' O C 15 Gal Fill In Baker Avenue Pistachia chinesis Chinese Pistache 5' 30' O C 15 Gal Fill 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 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 Completion Date -~-~- -~-~ -~_~ -~-~. -~-~. -~-~. -~-~. -~-~. -~ ~- -~-~- I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2005-00327StdCond 3-28 doc Protect No DRC2005-00327 Completion Date 7 Intersection line of sight designs shall be reviewed by the City Engineer for conformance with /_/_ adopted policy On collector or larger streets, Imes 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 N. Public Maintenance Areas 1 A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Districts shall be filed with the Clty Engineer prior to final map approval or issuance of building permits whichever occurs first Formation costs shall be borne by the developer O. Utilities 1 The developer shall be responsible for the relocation of existing utilities as necessary _/_/_ 2 Water and sewer plans shall be designed and constructed to meet the 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 projects P. 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 project APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS• Q. Security Lighting 1 All parking, common, and storage areas shall have minimum maintained 1-foot candle power _/_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell 2 All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with _/_/_ direct lighting to be provided by all entryways Lighting shall be consistent around the entire development 3 Lighting in exterior areas shall be in vandal-resistant fixtures _/_/_ 7 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2005-00327StdCond 3-28 doc Protect No DRC2005-00327 Completion Date R. Security Hardware 1 One-Inch single cylinder dead bolts shall be installed on all entrance doors If windows are within 40 Inches of any locking device, tempered glass or a double cylinder dead bolt shall be used S. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility T Alarm Systems 1 Install a burglar alarm system and a panic alarm if needed Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and In turn save dollars and lives 2 Alarm companies shall be provided with the 24-hour Sheriff's dispatch number (909) 941-1488 APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED -~-~- -~-~ -~-~- -~-~- 8 I \PLANNING\FINAL\PLNGCOMM\2007 Res & Stf Rpt\DRC2005-00327StdCond 3-28 doc