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HomeMy WebLinkAbout2008/05/14 - Agenda Packet - Planning Commission i THE CITY OF RANCHO CUCAMONGA _ PLANNING COMMISSION AGENDA jZnNCeo MAY 14 CaUCAMONGA , 2008 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California `',; ' :I. CALL TO ORDER`',:4 ~:... <, Pledge of Allegiance Roll Call Chairman Stewart Vice Chairman Fletcher • Munoz_ Howdyshell _ Wimberly _ ~t=; : = s. ~•'_~ `` III:=• " ANNOUNCEMENTS ,.'.. ; .r~:~.• PRESENTATION AND RESOLUTION OF COMMENDATION FOR KEVIN ENNIS, ASSISTANT CITY ATTORNEY "-~.:IIIt APPROVAL OF'1VIINiJTES~ : , April 9, 2008 Meeting Minutes April 16, 2008 Special Joint Meeting Minutes - `~ I:V. 'CONSENT CA-IENDAR " ' ' The following Consent Calendar items are expected to be routine and non-controversial. They will be acted on by the Commission atone time without discussion. If anyone has concern over any item, it should be removed for discussion. ~:' -:V. ~ PUBLIC HEARINGS ~ ~ ~ _ ~ - The following items are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. 1 of R _ PLANNING COMMISSION AGENDA MAY 14, 2008 RANCHO G'OCAMONGA A. VARIANCE - DRC2007-00871 - MDS CONSULTING - A request to reduce the lot area average requirement for an approved 56 lot subdivision (SUBTT17651) from 25,000 square feet to 24,985 square feet in order to construct a public street for a site located on the south side of Banyan Street and west of East Avenue -APN: 0225-191-12. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on August 9, 2006 in connection with the City's approval of Tentative Tract Map SUBTT17651. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. B. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18872 - 6TH & HERMOSA JP/DF, LLC: - A proposal to subdivide a property of 4.87 acres in conjunction with a request to construct two industrial warehouse/office buildings with a combined floor area of about 100,000 square feet in the General Industrial (GI) District, Subarea 5, located at 9212 Hermosa Avenue; APN: 0209-211-41. Related file: Development Review DRC2007-00696. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies for exemption under State CEQA Guidelines Section 15315, Class 15, Minor Land Divisions, and Section 15332, Class 32, In-Fill Development Projects C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC: - A request to construct two industrial warehouse/office buildings with a combined floor area of about 100,000 square feet on a parcel of about 4.87 acres in the General Industrial (GI) District, Subarea 5, located at 9212 Hermosa Avenue; APN: 0209-211-41. Related file: Tentative Parcel Map SUBTPM18872. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies for exemption under State CEQA Guidelines Section 15315, Class 15, Minor Land Divisions, and Section 15332, Class 32, In-Fill Development Projects. • 2of6 ~\ ~ • • • - PLANNING COMMISSION AGENDA MAY 14, 2008 ~ RANCHO CUCAtaoNGA D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18710 -CHARLES JOSEPH, ASSOCIATES - A request for a 4-lot subdivision for property within the Community Commercial zone, Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 1100-161-02 and 1100-161-03. Related Files: Conditional Use Permit DRC2007-00344 and Uniform Sign Program DRC2007-00914. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. E. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW DRC2007-00344 -CHARLES JOSEPH ASSOCIATES -The development of a retail commercial center consisting of 5 buildings totaling 63,000 square feet within the Community Commercial zone, Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue - APN: 1100-161-02 and 1100-161-03. Related Files: Tentative Parcel Map SUBTPM18710 and , Uniform Sign Program DRC2007-00914. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. F. UNIFORM SIGN PROGRAM DRC2007-00914 - UNIFORM SIGN PROGRAM FOR THE NORTHEAST CORNER OF FOOTHILL AND ETIWANDA (FOOTHILL GARDENS) - A Sign Program for a retail commercial center consisting of 5 buildings totaling 63,000 square feet within the Community Commercial zone, Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 1100-161-02 and 1100-161-03. Related Files: Tentative Parcel Map SUBTPM18710 and Conditional Use Permit DRC2007-00344. G. DRC2007-00495 - CITY OF RANCHO CUCAMONGA -Consideration of an ordinance pertaining to temporary signs and amending Sections 14.08.350, 14.16.010(p) and 14.16.020 and adding Chapter 14.25 to the Rancho Cucamonga Municipal Code. This item is exempt per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) because the ordinance will impose greater limitations on uses to reduce potential significant adverse impacts. 3 of 6 - PLANNING COMMISSION AGENDA MAY 14, 2008 RANCHO CUCAMONGA H. DEVELOPMENT CODE AMENDMENT DRC2008-00307-City of Rancho Cucamonga -Consideration of an ordinance prohibiting the establishment and operation of medical marijuana dispensaries inall land usezoneswithin the City of Rancho Cucamonga and adding Chapter 17.44 to the City of Rancho Cucamonga Development Code Section 17 of the Municipal Code. This item is exempt per Section 15061(b)(3)of the California Environmental Quality Act (CEQA) because the ordinance will impose agreater limitation on uses, which includes a prohibition on establishing medical marijuana dispensaries to reduce potential significant adverse impacts. _ ,,. _'.';; VIA -'OLD BUSIlVESS;~;as _; `-' -_y_.} - ~ VII~.:NEWBUSINESS~`''_'v~, ~ - - ~. a ,:.,- : , . ,. - . . ;; ~;: ~' VI'I`I:`: DIRECTOR'S REPORTS°,' = ` ~ ` - PRESENTATION REGARDING SUSTAINABILITY IX.-.=~` 'PUBLIC COMiVIENTS.~ ~ :.. j This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. ,, X:' :.: COMIVI3SSION BUSINESS%COMMENTS ''~` ':, - - '` XI ~ ADJOURNMENT :' The Planning Commission has adoptedAdministrative Regulations that setan 11:00 p.m. adjournment time. Ifitems go beyond that time, theyshall be heard only with the consent of the Commission. n u • • 4of6 C~ • a PLANNING COMMISSION AGENDA MAY 14, 2008 RANCHO G'UCAMONGA I, Lois 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 May 8, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. ~~~-w~' 4-1~.,-~ " i v If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours priorto 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 Gn any agenda Item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There Is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such Items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file In the 5of6 - PLANNING COMMISSION AGENDA MAY 14, 2008 RANCHO CUCAMONGA 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 $2,039 for maps and $2,141 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at htta://www.ci.rancho-cucamonaa.ca. us • 6of6 Vicinity Map Planning Commission Agenda May 14, 2008 *Items G,H are City Wide N City of Rancho Cucamonga Q • n LJ • • T H E C I T Y O F R A N C h O C U C A M O N G A Staff Report DATE: May 14, 2007 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Tabe van der Zwaag, Associate Planner SUBJECT: VARIANCE - DRC2007-00871 - MDS CONSULTING - A request to reduce the lot area average requirement for an approved 56-lot subdivision (SUBTT17651) from 25,000 square feet to 24,985 square feet in order to construct a public street for a site located on the south side of Banyan Street and west of East Avenue - APN: 0225-191-12. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the, City adopted a Mitigated Negative Declaration on August 9, 2006, in connection with the City's approval of Tentative Tract Map SUBTT17651. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project. PROJECT AND SITE DESCRIPTION: A. Surroundino Land Use and Zoning: North -Very Low Residential; Vacant South -Very Low Residential; Vacant East -Very Low Residential; Vacant West -Very Low Residential; Existing Land Land Land Residential, Christmas Tree Farm, Vacant Land B. General Plan Designations: Project Site -Very Low Residential North -Very Low Residential South -Very Low Residential East -Very Low Residential West -Very Low Residential C. Site Characteristics: The 41-acre vacant site is surrounded by undeveloped land to the north (across Banyan Street); to the south and east by a combination vacant land, a Christmas tree farm; and to the west, by existing residences. The parcel has sparse vegetation and mature Eucalyptus trees and drains roughly from north to south. ANALYSIS A. Background: The original 56-lot subdivision (SUBT'I'17651) was approved on August 9, 2006. The Resolution of Approval included an Engineering Department ITEM A PLANNING COMMISSION STAFF REPORT DRC2007-00871 - MDS CONSULTING MAY 14, 2008 Page 2 condition which stated that the applicant must make a "good-faith-effort" to obtain land from the neighboring property owners in order to construct a public street. The applicant made an offer to purchase the land in question from the neighboring property owners and the offer was declined. The applicant redesigned the project to have the street right-of-way encroach on a portion of two of the newly subdivided lots. This change reduced the overall lot area average by 15 square feet, which brought the project below the required 25,000 square feet lot average and necessitated this Variance request. Upon submittal to the City, staff required that the applicant have a licensed real estate appraiser evaluate the "fair-market" value of the land in question to verify that the applicant had made a "good-faith" offer. First American Commercial Real Estate services, Inc. appraised the land on March 6, 2008, for an amount higher than the original offer. The applicant made a new offer for the property at the appraised value and the property owners again declined the offer. u B. Variance: The applicant is requesting a variance to reduce the required 25,000 square foot area average requirement by 15 square feet to 24,985 square feet in order to construct a public street. The lots will continue to meet all other City development standards. The change in the street alignment will affect the width of Lots 22 and 23 of the approved Tentative Tract Map, though both lots will continue to meet City development standards. Staff believes the requested deviation from the City's lot area average requirement, at less than 1 percent below the 25,000 square foot requirement, is so minimal that the approved subdivision continues to meet the intent of the development • district in which the site is located. FACTS FOR FINDINGS: The purpose of a variance is to provide flexibility from the strict application of the development standards when special circumstances pertaining to the property such as size, shape, topography or location deprives such property of privileges enjoyed by other property in the vicinity and in the same district. In order to grant a request for a variance, the Planning Commission must make a series of findings. Generally, these findings focus on unique or special circumstances applicable to a specific property. Following are facts to support the necessary findings: Findin That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this Code. Fact: The objective of the 25,000 square foot average lot area requirement is to create low density residential areas with lots that are of a size and proportion suitable for keeping horses. Each of the proposed lots exceeds the City's requirements for keeping horses. Without a reduction in the lot area requirement, the applicant would have to reduce the total number of lots, which would place a physical hardship on the applicant that would be inconsistent with the objectives of the Development Code. 2. Finding: That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other properties in the same zone. • A-2 PLANNING COMMISSION STAFF REPORT DRC2007-00871 - MDS CONSULTING • MAY 14, 2008 Page 3 Fact: The site is bordered by an existing residential development which dictates the alignment of the public street that accesses the site and necessitates that the street jog over a portion of two of the applicant's lots, reducing the lot area average by 15 square feet. 3. Finding: That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in same zone. Fact: Without the Variance the applicant would be required to redesign the 41-acre 56-lot subdivision in order to increase the average lot area by 15 square feet, a negligible amount considering the size and scope of the development. 4. Finding: That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Fact: The proposed lots will exceed the minimum depth and width and lot area requirements of the Very Low Residential District. 5. Findin The granting of the variance will not be detrimental to the public health, • safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Fact: The newly created lots will be indistinguishable from the other lots in the same development district other than being an average of 15 square feet smaller in size than the 25,000 square foot lot average requirement. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on August 9, 2006, in connection with the City's approval of Tentative Tract Map SUBTT17651. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. Staff has evaluated the Variance and concludes that substantial changes to the project or the circumstances surrounding the project have not occurred which would create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. In that the applicant is requesting a variance to reduce the City's 25,000 square foot lot area average requirement for the subject zoning area by 15 square feet, in order to construct a • public street. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more A-3 PLANNING COMMISSION STAFF REPORT DRC2007-00871 - MDS CONSULTING MAY 14, 2008 Page 4 severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. In that the Variance will not change the size or scope of the project and will only effect the alignment of a public street. Therefore, pursuant to CEQA, staff recommends that the Planning Commission concur with the staff determination that no additional environmental review is required in connection with the City's consideration of the variance. CORRESPONDENCE: This item was re-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 project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Variance DRC2007-00871 through the adoption of the attached Resolution of Approval with conditions. Respectfully submitted, ~~ Ja~Tro er AICP Y . Planning Director JT:TV/ge Attachments: Exhibit A - Project Location Aerial Photograph Exhibit B - Proposed Tentative Parcel Map Exhibit C - Approved Tentative Parcel Map Exhibit D - A Detailed Drawing of the (2) Affected Lots Draft Reso lution of Approval for Variance DRC2007-00871 • • • A-4 W r ti 00 O O ti O O N ~ V 0 V EXHIBIT A A-5 z 3 CITY OF RANCHO CUCAMONGA, STATE OF CAL~ORNIA TRACT No. 17651 VACANT PROPOSED STREETS WITH VARIANCE VACANT BAST AvE. (FUTURE PARK) (FUTURE SCHOOL) _ __ _-_,__=_~_~ ~a==~==__-~--_----~=mar==- _ - ___ --~---~---- ~- --- --- ~__~--- --~-x_A~=- _~- I) z s ¢ ~) 1 2 3 4 5 52 53 54 55 56 II I 9 ~~ g 51 l ~( _ ~ B STREET C STREET ~I I I E' Q U 1, II 11 10 9 8 7 50 49 48 47 46 ~I > ~I I I I ~ U EV W I ' I ji ~ II II I ~ I e~ 12 13 14 15 i6 41 42 43 44 45 ~,I 17 40 W i t C STREET D STREET ~ 11 J ~~ rA 22 21 20 19 18 39 38 37 36 35 ' ~ . ~ I w w U J Z 0 Z ~ (n W z ~- 23 24 25 26 27 28 29 30 31 32 33 34 r J ~~ X Q W LL F STREET TRACT 18122 SINGLE FAMILY RESIDANCE. NOTE: LOT SIZE: 24,985 SF MIN. AVERAGE 1 ~ ~ OWNER: CONSUL TANT: Y OF RANCHO Ct~CR~>hQ uN r: ~G[T TAVA DEVELOPMENT COMPANY M o R s E sssERM.. sn..r 19600 FAIRCHILD ROAD, SUITE DO . sNr. n9 ~ IRVINE, G. 9P61225W u a R r c n caa„, a 9xe99 (9491450fi600 , Vae. 951 d10d WI s[ x u 1 e i FLS~ 951-N0~9305 a s Y ~ 0 ~'~ ~ w J PL/~NNERS ENGINEERS SURVEYORe ' ` _ 1~I1~1 ~6 I\72000\PREUI(~pmpSIIEPLW$H.5ali dxg 10/2 /0 CITY OF RANCHO CUCAMONGA, STATE OF CAL~ORNIA TRACT No. 17651 VACANT TENTATIVE APPROVED STREETS VACANT EAST a vE. (FUTURE PARK) (FUTURE SCHOOL) z I~ j j 1 2 3 4 5 52 53 54 55 56 I Ij 6 51 j I~ T B STREET ~ G STREET ~ . I ~ I j ~ 11 10 9 8 7 50 49 48 47 46 j > ~I Ij 'j ~ j ~ > j ~ a j ~ ~ I j ~ s y j y e _ I~ I 12 13 14 15 16 41 42 43 44 45 ~ 'j 17 40 i C STREET D STREET J I ~ 18 ~ 22 21 20 19 39 38 37 36 35 j I I 1 U II W CJ'J ¢ j Z ~ I I I vx W I F > I 23 24 25 26 27 28 29 30 31 32 33 34 ~ Q I ' X W LL . I I F STREET TRACT 18122 SINGLE FAMILY RESIDANCE NOTE: LOT SIZE: 25,000 SF MIN. AVERAGE -h r C(TY OF RANCHO CUCAP~IUNG'~ -~ ~L OWNER: CONSULTANT: ' w ~~) `~, _r ZOO7 TAVA DEVELOPMENT COMPANY M O R 5 E ,63E Lr:wn:na 19600 FAIRCHILD ROAD, SUITE DO . sNn nv IRVINE, CA. 97b1Y-7510 6c"Bn c>~,.,uvzOVv (94912506000 E v.:...vm a.0a00R as ~~r\fj~1)~ :c.osr: Eu: vsl..x.o.vxos ~~~~~'~ C PLAN HERS ENGINEERS SURVEYORS A_/ 1\72800\PREUl1~51iFPLW~/9.5x11 dxg 10/25/07 11-05-2007 16:36 FROM-MDS CONSULTING +809 340 9205 T-903 P 002/002 F-522 CITY OF RANgiO CUCAMONGA( STATE OF CAL~UFiNIA TRACT No. 17651 VARIANCE FOR AVERAGE LOT AREA LE35 TF~N 25,000 SF. LOT 22 AND 23 CONFORMANCE VER~ICATION I~ I C STREET III W ~ III U a a 11 23 225Q. FT. m N 103.00' MIN. WIDTH U u, Z ~¢ z° m~ Iy c~ ~ ?} ~ J x~ W LL ~t III 103.00' MIN. WIDTH w N 23 24,226 Sq. Ff. F STREET OWNEF~ TAVA DEVELOPMENT COMPANY 19600 FAIFCNIID ROAD, SOfIE 710 IRVINE, CA 91617.7510 Iwvl 2'0.6600 EXHIBIT' D A-8 CONSULTANT: . o a t E su EGran:Yw . sm.mv 00 [I[X fav~,GYla11 F vqu; %I.Lbfoe~ s[nottt 4F MaLNO.9l0 FIANNE 0.5 EN~+(Nf ERi $UAV EYOFE • • • RESOLUTION NO. 08-17 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2007-00871, A REQUEST TO REDUCE THE LOT AREA AVERAGE REQUIREMENT FOR AN APPROVED 56-LOT SUBDIVISION (SUBTT17651) FROM 25,000 SQUARE FEET TO 24,985 SQUARE FEET IN ORDER TO CONSTRUCT A PUBLIC STREET FOR A SITE LOCATED ON THE SOUTH SIDE OF BANYAN STREET AND WEST OF EAST AVENUE - APN: 0225-191-12. A. Recitals. 1. MDS Consulting for Tava Development filed an application for the approval of variance DRC2007-00871, as described in the title of this Resolution. Hereinafter in this Resolution, the subject variance request is referred to as "the application." 2. On the 14th day of May 2008, 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. i B. Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing May14, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a vacant site that is surrounded by undeveloped land to the north (across Banyan Street); to the south and east and by a combination of vacant land, a Christmas tree farm; and to the west are existing residences; and b. The parcel has sparse vegetation and mature Eucalyptus trees and drains roughly from north to south; and c. The original 56-lot subdivision (SUBTT17651) was approved on August 9, 2006. The Resolution of Approval included an Engineering Department condition which stated that the applicant must make a "good-faith-effort" to obtain land from the neighboring property owners in order to construct a public street. The applicant made an offerto purchase the land in question from the neighboring property owners and the offer was declined. The applicant redesigned the project to have the street right-of-way encroach on a portion of two of the newly subdivided lots. This change reduced the overall lot area average by 15 square feet, which brought the project below the required 25,000 square foot lot average and necessitated this variance request; and . d. Upon submittal to the City, staff required that the applicant have a licensed real estate appraiser evaluate the "fair-market" value of the land in question to verify that the applicant A-9 PLANNING COMMISSION RESOLUTION NO. 08-17 DRC2007-00871 - MDS CONSULTING FOR TAVA DEVELOPMENT May 14, 2008 Page 2 had made a "good-faith" offer. First American Commercial Real Estate services, Inc. appraised the land on March 6, 2008, for an amount higher than the original offer. The applicant made a new offer for the property at the appraised value and the property owners again declined the offer; and e. The applicant is requesting a variance to reduce the required 25,000 square foot lot area average requirement by 15 square feet to 24,985 square feet in order to construct a public street. The lots will continue to meet all other City development standards. The change in the street alignment will affect the width of Lots 22 and 23 of the approved Tentative Tract Map, though both lots will continue to meet City development standards. Staff believes the requested deviation from the City's lot area average requirement, at less than 1 percent below the 25,000 square foot requirement, is so minimal that it continues to meet the intent of the development district in which the site is located. 3. Based upon the substantial evidence presented to this Commission during the above referenced public hearing, and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: • a. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. In that, the objective of the 25,000 square foot average lot area requirement is to create low density residential area with lots that are of a size and proportion suitable for keeping horses. Each of the proposed lots exceeds the City's requirements for keeping • horses. Without a reduction in the lot area requirement, the applicant would have to reduce the total number of lots, which would place a physical hardship on the applicant that would be inconsistent with the objectives of the Development Code. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. In that, the site is bordered by an existing residential development which dictates the alignment of the public street that accesses the site and necessitates that the street jog over a portion of two the applicant's lots, reducing the lot area average by 15 square feet. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. In that, without the variance the applicant would be required to redesign the 41-acre 56 lot subdivision in order to increase the average lot area by 15 square feet, a negligible amount considering the size and scope of the development. d. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. In that, the proposed lots will exceed the minimum depth and width and lot area requirements of the Very Low Residential District. e. That the granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. In that, the newly created lots will be indistinguishable from the other lots in the same development district other than being on average 15 square feet smaller in size than the 25,000 square foot lot average • requirement. A-10 PLANNING COMMISSION RESOLUTION NO. 08-17 DRC2007-00871 - MDS CONSULTING FOR TAVA DEVELOPMENT • May 14, 2008 Page 3 4. Based upon the facts and information contained in the application, together with all written and oral reports included forthe environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA")and the City's local CEQA Guidelines, the City adopted a Mitigated Negative Declaration in August 9, 2006, in connection with the City's approval of Tentative Parcel Map SUBTT17651. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under which the project was previously reviewed that indicates new or more severe environmental impacts; or (iii) new important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the variance, that substantial changes to the project orthe circumstances surrounding the project have not occurred which would • create new or more severe impacts than those evaluated in the previous Mitigated Negative Declaration. In that, the applicant is requesting a variance to reduce the City's 25,000 square foot lot area average requirement for the subject zoning area by 15 square feet in order to construct a public street. Staff further finds that the project will not have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level ofless-than-significant. In that, the variance will not change the size or scope of the project and will only effect the alignment of a public street. c. Based on these findings and all evidence in the record, the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of the variance. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) All the Standard Conditions and Special Conditions included with the approval of Tentative Tract Map SUBTT17651 remain in effect. • A-11 PLANNING COMMISSION RESOLUTION NO. OS-17 DRC2007-00871 - MDS CONSULTING FOR TAVA DEVELOPMENT May 14, 2008 Page 4 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Pam Stewart, Chairman 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 14th day of May 2008, by the following vote-to-wit: AYES: COMMISSIONERS: • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • A-12 ~~~ Fq ~., - COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2007-00871 SUBJECT: VARIAN APPLICANT: MDS CONSULTING FOR TAVA DEVELOPMENT LOCATION: APN: 0225-191-12 ALL OF THE FOLLOWING CONDITIONS APPL Y TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: •. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees maybe required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 08-17, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 X b) Notice of Determination - $50 c) Mitigated Negative Declaration - $ 1,926.75 d) Environmental Impact Report - $2,656.75 SC-1-O5 Comoletion Date -/-/ -/-/- -/- - I:\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00877 StdCond 5-14.doc A-13 Project No. DRC2007-00871 Completion Date B. Time Limits 1. Variance approval shall expire if building permits are not issued or approved use has not _/_/_• commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. 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.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 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. Street names shall be submitted for Planning Director review and approval in accordance with the _/_/_ adopted Street Naming Policy prior to approval of the final map. 7. The developer shall submit a construction access plan and schedule for the development of all _/_/_. lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing forcommunityconcerns, hours of construction activity, dust control measures, and security fencing. • L\PLANNING\FINAL\PLNGCOMM~2008 Res 8 Stf rep\DRC2007-00871 StdCond 5-14 doc A-14 • s -~ .. .~ sy~ T H E C I T Y O F R A N C U O C U C A M O N G A Staff Report DATE: May 14, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Mike Smith, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18872 - 6TH & HERMOSA JP/DF, LLC - A proposal to subdivide a property of 4.87 acres in conjunction with a request to construct two industrial warehouse/office buildings with a combined floor area of about 100,000 square feet in the General Industrial (GI) District, Subarea 5, located at 9212 Hermosa Avenue; APN: 0209-211-41. Related fife: Development Review DRC2007-00696. The Planning Department Staff has determined that the project is • categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies for exemption under State CEQA Guidelines Section 15315, Class 15, Minor Land Divisions, and Section 15332, Class 32, In-Fill Development Projects. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC - A request to construct two industrial warehouse/office buildings with a combined floor area of about 100,000 square feet on a parcel of about 4.87 acres in the General Industrial (GI) District, Subarea 5, located at 9212 Hermosa Avenue; APN: 0209-211-41. Related file: Tentative Parcel Map SUBTPM18872. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies for exemption under State CEQA Guidelines Section 15315, Class 15, Minor Land Divisions, and Section 15332, Class 32, In-Fill Development Projects. PROJECT AND SITE DESCRIPTION A. Surrounding Land Use and Zoning: North - Office/Warehouse Building -General Industrial (GI) District, Subarea 5 South - Office/Warehouse Building -General Industrial (GI) District, Subarea 5 East - Office buildings -General Industrial (GI) District, Subarea 5 West - Office -General Industrial (GI) District, Subarea 5 • ITEM B & C PLANNING COMMISSION STAFF REPORT SUBTPM18872 AND DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC May 14, 2008 Page 2 B. General Plan Designations: Project Site -General Industrial North - Generallndustrial South - General Industrial East - Generallndustrial West - Generallndustrial C. Site Characteristics: The project site is a rectangular parcel of about 627 feet (north-south) by 338 feet (east-west). The site is vacant and is dominated by short grasses, shrubs, and a grouping of trees. The property is bound on the east by Hermosa Avenue and on the south by 6th Street. To the north is a large warehouse distribution building of about 400,000 square feet and to the west is an office complex consisting of four 20,000 square foot buildings. Across the streets to the south and east, respectively, is a large warehouse distribution building of about 400,000 square feet and an office/warehouse complex consisting of six buildings: of various sizes. The zoning of the property and all surrounding properties is General Industrial (GI) District, Subarea 5. The subject property is generally level with an elevation at the north and south sides of about 1,078 feet and 1,069 feet, respectively. D. Parking Calculations: Type of Use Floor Area (Square Feet) Parking Ratio Number of Spaces Required Building A (overall) 44,410 Warehousing 38,410 Floor area up to 20,000 square feet 20,000 1/1,000 20 Floor area 20,001 - 40,000 square feet 20,000 1/2,000 10 Floor area 40,001 square feet or more 410 1/4,000 1 Office 4,000 1/250 16 Total Required/Total Provided 47/50 Building B (overall) 65,106 Warehousing 59,606 Floor area up to 20,000 square feet 20,000 1/1,000 20 Floor area 20,001 - 40,000 square feet 20,000 1/2,000 10 Floor area 40,001 square feet or more 19,606 1/4,000 5 Office 5,500 1/250 22 Total Required/Total Provided 57/61 Total Required/Total Provided Overall 104/111 • • C~ B&C-2 PLANNING COMMISSION STAFF REPORT SUBTPM18872 AND DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC May 14, 2008 • Page 3 ANALYSIS A. General: The applicant proposes to subdivide the subject property into two parcels of 2 acres and 2.77 acres (Parcels 1 and 2, respectively) and then to construct two buildings totaling 44,410 square feet on Parcel 1 (Building A) and 60,606 square feet on Parcel 2 (Building B). The buildings are speculative at this time, but as typical for these types of buildings, small offices are included. The office area will be located along the southeast corner of each building. The dock loading/storage area for each building will be located in a common area between the buildings. There will be two points of access -one via Hermosa Avenue and another via 6th Street. There will be an additional access point from Hermosa Avenue for emergency purposes. Access to the loading/storage area will be via the driveway at Hermosa Avenue. Building A and Building B will have 50 and 61 spaces, respectively, for a combined 111 parking stalls for employees and customers. This quantity exceeds the minimum parking requirement for the site (Exhibit D). Landscape coverage is 14.9 percent; the minimum requirement is 7 percent for this development district (Exhibit I). B. Tentative Parcel Mag SUBTPM18872: In conjunction with this application, the applicant proposes to subdivide the property into two parcels (Exhibit E). Each building will be constructed on its own parcel. The proposed map complies with the City's design and development standards. C. Grading and Technical Review Committees: The Grading Review Committee (Addington and James) reviewed the application on April 1, 2008. The Committee accepted the application and recommended approval. Their conditions have been incorporated into the Resolution of Approval. • D. Design Review Committee: The Committee (Stewart, Munoz, and Nicholson) reviewed the project on April 1, 2008 (Exhibit J). The Committee was generally satisfied with the submittal and recommended approval of the project subject to the applicant revising the site design and architecture of each building. Their revisions include incorporating a "reverse" chamfered cornice along the top of the majority of the parapet of each building, adding the "checkerboard" patterned reveals/score lines to all publicly visible tower insets, and adding more glazing on the building elevations facing the streets. They have also provided decorative paving at the 6th Street driveway. The Committee's conditions have been incorporated into the attached Resolution of Approval. E. Environmental Assessment: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 32 exemption under State CEQA Guidelines Section 15315 Minor Land Divisions as the project proposes the subdivision of one parcel into two parcels, and Section 15332 In-Fill Development Projects as the project site is ,surrounded on all sides by existing industrial development. RECOMMENDATION: Staff recommends approval of Tentative Parcel Map SUBTPM18872 and Development Review DRC2007-00696 through the adoption of the attached Resolutions of Approval with conditions. Res ectfully submitted, 1~~ •Ja s R. Troyer, AICP Planning Director B&C-3 PLANNING COMMISSION STAFF REPORT SUBTPM18872 AND DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC May 14, 2008 Page 4 JRT:MS\ma Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G - Location Map - Aerial Map - Site Utilization Map - Site Plan - Tentative Parcel Map 18872 - Conceptual Grading Plan - Floor Plans Exhibit H -Elevations and Building Sections Exhibit I -Conceptual Landscape Plan Exhibit J -Design Review Committee Action Comments dated April 1, 2008 Draft Resolution of Approval for Development Review DRC2007-00696 Draft Resolution of Approval for Tentative Parcel Map SUBTPM18872 • • • B&C-4 . _~ ~-_ a~ 9298 { f fp t,,.i •` ~• i ,'j`d.w~0.'-p.'_~. i. ~ -'~• i~ 4!Q [` ixu ~ kwrrcac .~uwewro 'ew 1 3 - ' t ] tr a ~ ~. ~ c, E R 3 K 8 99 R a aEwPFc EE.. CUUMONWn .~ I ~. ulbE~>r~ _. Po'~ItS u p0.E'~.~ ~. _ _ _ }({ i~... ~rtw ~ ~ p E ~ f Wru WVE ~i.. ~A ~ ~ ~-[-' rmr 1 - ~ ' g~ o :, r ~ E .~ fl ~'r,.vr. ~ Ft n ~r R °nig+-!Sl)- ipp .. ~, N ..~ ~ ~ ` ~ Y ~ e~n @~T ~C NiML4A~ ~ ~, Y5 'i r kf ~. ~ F R~ LEMFNi Y)LT. ~F~ _ ~. (~•.: 'u r' M' J( Ply, 9'[S"tiG"' rt FOOTIILLBLR~Erw---... ,- _ r - 4 ~ ~a:`L f 1 ` i ~ ~ ~ y 6 E~~_ i ` ~ 4flROW fli 9698 ~ ~ ~•-^ f Y.` v ~ ;' ~„1 ' o ~ r g. - i F~ 't ~ .......r lf. , ' ; ~i . 3~' PROJECT SITE ' ' fr., , ' G r ~g"~v eflN1~ > S E CIICAN jViAMlp : ~ .... ~ n tE [ ~ 3 w f s r ' y Ly j ~ ~ ~ y r l~ CE .. f •~€ . P~"~ x E 2,.... e 'T.~ .... Y_...', s _ . Mo'~E, ~ fl~~l. , ~ . EXHIBIT A ~'°~I~`___~~~ ~ ~~~ .~I.r. ~~, 1!#'; uencEO~'~. ~"~. Ea`< •. 1. ~l- '1~-•. .pV- .'-4 _ rs^c~ '-"-13 rEEENERirRV. ~; :+"' '=b~~ ',j' _ - _ . '!i~r,-•111 1 ~h ',......-. ~r -•; '; . " ~ ' A'Kr3 :~=~; ... i_F`^ (hifJ gh Via!, t'--.. 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Gif EXHIBIT I B&C-15 • DESIGN REVIEW COMMENTS 7:00 p.m. Michael Smith April 1, 2008 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC - A request to construct two industrial warehouse/office buildings with a combined floor area of about 100,000 square feet on a parcel of about 4.87 acres in the General Industrial (GI) District, Subarea 5, located at 9212 Hermosa Avenue - APN: 0209-211-41. Related file: Tentative Parcel Map SUBTPM18872. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18872 - 6TH & HERMOSA JP/DF, LLC - A proposal to subdivide a property of 4.87 acres in conjunction with a request to construct two industrial warehouse/office buildings with a combined floor area of about 100,000 square feet in the General Industrial (GI) District, Subarea 5, located at 9212 Hermosa Avenue - APN: 0209-211-41. Related file: Development Review DRC2007-00696. Design Parameters: The project site is a rectangular parcel of about 627 feet (north-south) by 338 feet (east-west). The site is vacant and is dominated by short grasses, shrubs, and a grouping of trees. The property is bound on the east by Hermosa Avenue and on the south by 6th Street. To the north is a large warehouse distribution building of about 400,000 square feet and to the west is an office complex consisting of four buildings of 20,000 square feet each. Across the streets to the south and east, respectively, are a large warehouse distribution building of about 400,000 square feet and an .office/warehouse complex consisting of six buildings of various sizes. The zoning of the property and all surrounding properties is General Industrial (GI) District, Subarea 5. The subject property is generally level with an elevation at the north and south sides of about 1,078 feet and 1,069 feet, respectively. The applicant proposes to construct two warehouse distribution buildings of 42,410 square feet (Building A) and 62,606 square feet (Building B). The buildings are speculative at this time, but, as typical for these types of buildings, small offices are included. The office area will be located along the southeast corner of each building. The dock loading/storage area for each building will be located in a common area between the buildings. There will be two points of access -one via Hermosa Avenue and another via 6th Street. There will be an additional access point from Hermosa Avenue for emergency purposes. Access to the loading/storage area will be via the driveway at Hermosa Avenue. Building A and Building B will have 50 and 61 spaces, respectively, for a combined 111 parking stalls for employees and customers. This quantity exceeds the minimum parking requirement of for the site. Landscape coverage is 14.9 percent; the minimum requirement is 7 percent for this development district. The proposed buildings will be of concrete tilt-up construction painted with a palette of five different colors. An additional primary material will be sandblasted concrete while a secondary material will be glass panels. Key features include tower elements that project beyond the primary wall plane and above the edge of the primary parapet at all four corners and at the midpoint of the north and south elevations of Buildings A and B, respectively. Glass is generously incorporated around each office area emphasizing its importance as the main entry into the building. In addition to the glazing, each tower at the offices includes a cornice, decorative medallions, and a different paint color. Each office entrance will also have a metal canopy. Glass panels with a dimension of 5 feet by 5 feet have also been incorporated at equal intervals along the wall planes between the tower elements, on the east elevation (of both buildings), on the south elevation (of Building B), and on the north elevation (of Building A). .Although glass has not been provided on the interior facing elevations where the dock loading and storage areas are, staff believes that their absence is not detrimental to the overall design of the building. Similarly, glass has not been used on the west elevations of both buildings and sparingly on the north ~XHIBI~ J B & C_16 DRC ACTION AGENDA DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC April 1, 2008 Page 2 elevation of Building A. Staff believes that glass should be applied on the corners of the building closest to the street. Sandblasted wall panels have been used on all tower elements except the office towers. Instead of sandblasting, the applicant is proposing a slight change in paint color to differentiate these locations from the rest of their respective buildings. Staff accepts this solution. However, the difference between paint colors should be bolder. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus of Committee discussion regarding this project. Paint each office tower a bolder color such as dark red, blue, or green to further differentiate them from the remainder of their respective buildings. As presented the building is dominated by colors in the same color scale and the office towers should not be another shade of the same color. 2. Provide additional glazing on the west elevation of the southwest tower element of Building B. The glazing should be duplicated in order to a) balance it with its south elevation, and b) enhance aesthetically this readily visible corner as seen from 6th Street. 3. Provide additional glazing on the east elevation of the northeast tower element of Building A. The glazing should be duplicated in order to a) balance it with its south elevation, and b) enhance aesthetically this readily visible corner as seen from Hermosa Avenue. 4. Provide a continuous form-lined relief (or equivalent) along the entire top edge of the parapets of the wall planes located between the tower elements. Paint the depressed areas at each tower (where glass has not been provided) a dark glossy blue to match the color of the glazing. This will present the appearance of glass without having to actually use glass. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues. Landscaping at the southeast corner of the site shall be intensified to ensure that the presence of the parking lot immediately adjacent to this corner is minimized. 2. All ground-mounted equipment and utility connections, back-flow devices, etc. shall be spaced a minimum of 18 inches on-center. boxes including transformers, fire department surrounded by a minimum of two rows of shrubs 3. The employee lunch area shall have an overhead trellis with cross members spaced no more than 18 inches on-center with minimum dimensions of 4 inches by 12 inches. Also, each support column shall have a decorative base that incorporates the architectural finishes/trim used on the building such as sandblasted bases. The trellis shall be painted to match the building. 4. All wrought iron fences and sliding gates shall be painted black or similarly dark color. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion. Incorporate undulating berms along the street frontages, within the landscape setback and landscape areas. The highest part of the berms should be at least 3 feet in height. • • • B&C-17 DRC ACTION AGENDA DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC April 1, 2008 Page 3 2. Decorative paving shall be provided at the vehicular access points on to the site 3. All doors (roll-up, dock doors, emergency access) shall be painted to match the color of the adjacent wall or glass panel. 4. Provide durable street furniture in outdoor employee eating area, such as tables, chairs, waste receptacles. Staff Recommendation: Staff recommends that the project be approved, subject to the revisions above which can be verified by staff, and forwarded to the Planning Commission for review and action. Design Review Committee Action: Members Present: Staff Planner: Michael Smith The Design Review Committee recommends to the Planning Commission approval of the project subject to the following revisions to be verified by staff: 1. A chamfered, "reverse" cornice shall be provided at the top of the parapet walls on all elevations • except at the office "towers" where the decorative cornice that is currently shown may be used. 2. The checkerboard pattern reveals proposed at various tower insets by the applicant shall be repeated at the northeast tower (north elevation) and southwest tower (west elevation) of Building B. 3. Contact the Engineering Department to determine which overhead utilities will be required to be placed below ground. 4. Contact the adjacent property owner to the west to coordinate the design, installation, and maintenance of the decorative paving at the entrance to the shared driveway located at the southwest corner of the project site. 5. The green color scheme is approved. C~ B&C-18 • RESOLUTION NO. OS-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM18872, A PROPOSAL TO SUBDIVIDE A PROPERTY OF 4.87 ACRES IN CONJUNCTION WITH A REQUEST TO CONSTRUCT TWO INDUSTRIAL WAREHOUSE/OFFICE BUILDINGS W ITH A COMBINED FLOOR AREA OF ABOUT 100,000 SQUARE FEET IN THE GENERAL INDUSTRIAL (GI) DISTRICT, SUBAREA 5, LOCATED AT 9212 HERMOSA AVENUE AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-211-41. A. Recitals. 1. 6th & Hermosa JP/DF, LLC filed an application for the approval of Tentative Parcel Map SUBTPM18872, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of May 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 14, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a parcel of land located at 9212 Hermosa Avenue with an overall area of about 212,137 square feet (4.87 acres), and a street frontage along 6th Street of about 338 feet and a street frontage along Hermosa Avenue of about 627 feet; and b. To the north is a large warehouse distribution building of about 400,000 square feet and to the west is an office complex consisting of four 20,000 square foot buildings. Across the streets to the south and east, respectively, is a large warehouse distribution building of about 400,000 square feet and an office/warehouse complex consisting of six buildings of various sizes; and c. The applicant proposes to subdivide the property into two (2) parcels of 2 acres and 2.77 acres (Parcels 1 and 2, respectively); and d. The proposed subdivision is in conjunction with a development review (Related File: DRC2007-00696) to construct two buildings totaling 44,410 square feet on Parcel 1 (Building A) and 60,606 square feet on Parcel 2 (Building B). 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: B & C-19 PLANNING COMMISSION RESOLUTION NO. 08-18 SUBTPM18872 - 6TH & HERMOSA JP/DF, LLC May 14, 2008 Page 2 ' a. The proposed tentative parcel map 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. The proposed project is to construct an industrial building and is consistent with development in the vicinity. b. The proposed tentative parcel map, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The surrounding properties are zoned industrial and the surrounding uses are industrial-oriented. c. The proposed tentative parcel map complies with each of the applicable provisions of the Development Code. The proposed development meets all standards outlined in the Development Code and the design and development standards and policies of the Planning Commission and the City. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 Minor Land Divisions as the project proposes the subdivision of one parcel into two parcels and Section 15332, Class 32, In-Fill Development Projects as the project site is surrounded on all sides by existing industrial development. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. • 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this • Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto, and incorporated herein by this reference. Planning Department 1) Approval is for the subdivision of a parcel of 212,137 square feet (4.87 acres) into two (2) parcels of 2 acres and 2.77 acres (Parcels 1 and 2, respectively) in the General Industrial District, Subarea 5, located at the northwest corner of 6th Street and Hermosa Avenue - APN: 0209-211-41. 2) All conditions of approval applicable to Development Review DRC2007-00696 shall apply. Engineering Department 1) Full frontage improvements shall be installed on 6th Street at the "Secondary Arterial" street standard width including asphalt pavement, curb and gutter, drive approach, curvilinear sidewalk, street trees, curbside drain outlet, 9500 Lumen HPSV streetlights and traffic signing and striping. Protect all existing public improvements or repair/replace, as required. a) The drive approach is to be per City Standard No. 101, Type C and be a minimum of 35 feet wide. Curvilinear sidewalk shall cross the drive approach at the 0-inch curb face (non-contiguous sidewalk). b) Relocate 66kV poles as needed for street construction and added width of • existing drive approach. B & C-20 PLANNING COMMISSION RESOLUTION NO. 08-18 SUBTPM18872 - 6TH & HERMOSA JP/DF, LLC May 14, 2008 • Page 3 2) Hermosa Avenue is a City "Secondary Arterial" Street. Install all missing public improvements including property line adjacent sidewalk, drive approach, street trees, curbside drain outlet(s), and local storm drain as determined by final drainage report. a) Protect all existing public improvements or repair, replace as required. _ b) Emergency access at the north end of the parking lot shall be per Fire and City Traffic Engineer requirements. 3) The existing overhead utilities (communications and electrical, except of the 66kV electrical) on the project side of 6th Street shall be undergrounded from the first pole on the east side of Hermosa Avenue to the first pole off-site west of the west project boundary, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing 6th Street shall be undergrounded at the same time. The City has collected fees from development on the south side of the street which will be used to reimburse this developer for a portion of the cost. The developer shall request a reimbursement agreement to recover a portion of the cost upon completion. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. • 4) Parkways shall slope at 2 percent from the top-of-curb to one-half beyond the ultimate right-of-way along all street frontages. 6. The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Pam Stewart, Chairman 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 14th day of May 2008, by the following vote-to-wit: • AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: B&C-21 ~~. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE PARCEL MAP SUBTPM18872 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: 6TH & HERMOSA JP/DF, LLC LOCATION: NORTHWEST CORNER OF 6TH STREET AND HERMOSA AVENUE - APN: 0209-211-41 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements ComoletionDate 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_!_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract No. SUBTPM18872 is granted subject to the approval of Development Review DRC2007-00696. 3. Copies of the signed Planning Commission Resolution of Approval No. 08-18, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. ~ 4. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning _/_/_ • Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 1 B & C-22 Project No SUBTPM18872 Comolehon Date 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 Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_!_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _!_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all ~_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • D. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from _/_/_ street centerline): 44 total feet on Hermosa Avenue. _/_/_ 44 total feet on 6th Street ~_/_ 2. Corner property line cutoffs shall be dedicated per City Standards. _/_/_ 3. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by _/_/_ deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 4. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map. • 2 B&C-23 Project No SUBTPM18872 E. Street Improvements • 1. Pursuant to City Council Resolution No. 88-557, no person shall make connections from a source of energy, fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development. In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 2. Construct the following perimeter street improvements including, but not limited to: Street Name Curb & Gutter A.C. Pvmt Side- walk Drive Appr. Street Lights Street Trees Comm Troll Median Island Bike Trail Other Hermosa Avenue (b) X X X (e) 6th Street X X (c) X X X (e) Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check.. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Curbside drain outlets. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights • on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and Interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 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. Completion Date -/-/ -~-~- -~-~- / / / / -~-~- -~-~- -~-~- B & C-24 Project No SUBTPM78872 g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Street Name Botanical Name Common Name Min. Grow Space Spacing Size qty. Hermosa Avenue P.A. 8 feet or greater Platanus acerifolia ~ London Plane Tree 6 feet 30 feet o.c. 30 feet Fill-in P.A. less than 8 feet Lagerstroemia indica Crape Myrtle Hybrid 3 feet 20 feet o.c. 20 feet Fill-in No utilities "Catawba" -Dark Purple Standard Use Platanus as on-site Background tree P A. less than 6 feet Magnolia grandiflora Crape Myrtle Hybrid 3 feet 20 feet o.c. 24-inch Fill-in Under utilities "Malestic Beauty" -Dark Purple Use Platanus as on-site Background tree 6th Street Magnolia grandiflora NCN 8 feet 30 feet o.c. 15-gallon Fill-in P.A. B feet or more "Majestic Beauty" P.A. less than 8 feet Magnolia grandiflora NCN 3 feet 20 feet o.c. 75-gallon Fill-in Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the 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. F 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. Public Maintenance Areas A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan for 6`" Street. Comoletion Date / / • -~-~- -/-J- `r u -~-~- -/~- -/-/- • 4 B & C-25 Project No. SUBTPM18872 G. Improvement Completion • 1. If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for all public improvements. H. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. I. General Requirements and Approvals • 1. An easement for a joint use driveway shall be provided prior to final map approval or issuance of building permits, whichever occurs first, for all public improvements. 2. Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 3. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • Completion Date -~-~- / / -~-~. / / -~-~- / / B & C- 26 .; -`' Rancho Cucamonga Fire Protection District x _ ~~'-, .i °~~~~~ Fire Construction Services STANDARD CONDITIONS April 24, 2008 6"' & Hermosa Ave Industrial 9212 Turner Ave. (Hermosa) (2) Industrial Buildings SUBTPMl8872 & DRC2007-00696 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http llwww ci.rancho-cucamoncta.ca.us/f re/index htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: • a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For ctrl-de- sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Pire District. 5. A minimum of forty-feet (40') From any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 3375 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a ~0- percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property • shall not be used to provide required fire flow. 4. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until public fire protection water plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. B & G 27 FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler s}~stem underground supply piping. Approval of the • underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed in buildings as required by the2007 California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other applicable standards require an approved automatic fire sprinkler system to be installed. FSC-5 Fire Alarm System & Sprinkler Monitoring The 2007 California Building Code, the RCFPD Fire Alarm Standard, Ordinance FD46 and/or the 2007 California Pire Code require most fire sprinkler systems to be monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Pire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard. 1. Location of Access: All portions of the structures 1~` story exterior wall shall be located within 1 ~0-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped • areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be >0-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GV W). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6- inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shat] be provided in each 100 lineal feet or major fraction Thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: B&C-228 a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. • b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20.00. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and afail- safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. S. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. • a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified , in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is, likely to produce conditions that may be hazardous to life or property. Aerosol Products • Application of Flammable Finishes Automobile Wrecking Yards Battery Systems Candles and open flames in public assemblies Cellulose Nitrate B & C-29 Magnesium Working Motor Vehicle Fuel-Dispensing Operation Open Burning Organic Coating Ovens Powder Coating • Compressed Gases • Cryogenics • Dry Cleaning Plants • Dust-Producing Processes and Operations • Explosive or Blasting Agents • Flammable and Combustible Liquids • Fruit Ripening Plants • Hazardous Materials • High-Pi]e Combustible Storage (HPS) • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings Public Assembly Pyrotechnical Special Effects Radioactive Materials Refrigeration Systems • Repair Garages Rubbish Handling Operations Spraying or Dipping Operations Tents, Canopies and/or Air Supported Structures Tire Storage Welding and Cutting Operations Wood Products/Lumber Yards FSC-11 Hazardous Materials -Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. 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. 3. Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marsha] will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Altentate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement -Please provide a permanent access agreement between the owners • granting irrevocable and anon-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement B&C430 shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant- Please provide a permanent maintenance and service covenant between the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. FCS-IS Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #8~-I or #88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible • framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (llomestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' ~mporary Power Release Checklist and Procedures". PRIOR TO THE RELEASE OF TEMPORARY POWER B&C-31 The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: 1 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 Hydrant Markers: Al] &re hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective I-Iydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Pire Construction Services before occupancy is granted and/or equipment is placed in 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. Access Control Cates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 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. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. Confidential Business Occupancy Information: "fhe applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency al the subject building or property. This form must be presented to the Fire Construction Services Inspector. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 %" x 11" or 1 1 " x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. , • • • B&C632 • RESOLUTION NO. 08-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2007-00696, A PROPOSAL TO CONSTRUCT TWO INDUSTRIAL WAREHOUSE/OFFICE BUILDINGS WITH A COMBINED FLOOR AREA OF ABOUT 100,000 SQUARE FEET ON A PARCEL OF ABOUT 4.87 ACRES IN THE GENERAL INDUSTRIAL (GI) DISTRICT, SUBAREA 5, LOCATED AT 9212 HERMOSA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0209-211-41. A. Recitals. 1. 6th & Hermosa JP/DF, LLC filed an application forthe issuance of Development Review DRC2007-00696, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of May 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. • B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. ' 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 14, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a parcel of land located at 9212 Hermosa Avenue with an overall area of about 212,137 square feet (4.87 acres), and a street frontage along 6th Street of about 338 feet and a street frontage along Hermosa Avenue of about 627 feet; and b. To the north is a large warehouse distribution building of about 400,000 square feet and to the west is an office complex consisting of four 20,000 square feet buildings. Across the streets to the south and east, respectively, is a large warehouse distribution building of about 400,000 square feet and an office/warehouse complex consisting of six buildings of various sizes; and c. The proposed development is in conjunction with a tentative parcel map (Related File: SUBTPM18872) to subdivide the property into two (2) parcels of 2 acres and 2.77 acres • (Parcels 1 and 2, respectively). d. The applicant proposes to construct two buildings totaling 44,410 square feet on Parcel 1 (Building A) and 60,606 square feet on Parcel 2 (Building B); and B & C-33 PLANNING COMMISSION RESOLUTION NO. 08-19 DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC May 14, 2008 Page 2 e. The application contemplates warehouse tenants. Warehouse intensive uses are permitted in this development district. Additional potential tenants include manufacturing uses which are permitted subject to the availability of parking on-site; and f. The applicant is required to provide 47 and 57 parking stalls for Building A and B, respectively. They have provided 50 and 61 parking stalls for each respective building; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed development is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. The proposed project is to construct an industrial building and is consistent with development in the vicinity. b. The proposed development, togetherwith the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The surrounding properties are zoned industrial and the surrounding uses are industrial-oriented. • c. The proposed development complies with each of the applicable provisions of the Development Code. The proposed development meets all standards outlined in the Development • Code and the design and development standards and policies of the Planning Commission and the City. 4. The Planning Department Staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies as a Class 15 exemption under State CEQA Guidelines Section 15315 Minor Land Divisions as the project proposes the subdivision of one parcel into two parcels and Section 15332, Class 32, In-Fill Development Projects as the project site is surrounded on all sides by existing industrial development. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for the construction of two warehouse buildings with a combined floor area of 105,016 square feet in the General Industrial District, Subarea 5, located at the northwest corner of 6th Street and Hermosa Avenue - APN: 0209-211-41. 2) Proposed land uses requiring a Conditional Use Permit as identified in • Table 17.30.030 of the Development Code, shall require a separate review and approval by the Planning Director prior to submittal of documents for plan check and occupancy. B&C-34 PLANNING COMMISSION RESOLUTION NO. 08-19 DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC • May 14, 2008 Page 3 3) Shared access, parking, and maintenance shall be incorporated in the project Covenants, Conditions, and Restrictions (CC&Rs). 4) Downspouts shall not be visible from the exterior on any elevations of the buildings. All downspouts shall be routed through the interior of the building walls. 5) All walls, including retaining walls, exposed to public shall be decorative masonry. Decorative means slump stone, split-face, or stucco. 6) Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the 35-foot setback line and have a width equal to that of the driveway. 7) All trash enclosures shall be surrounded with dense shrub plantings. 8) Provide an overhead trellis at the employee lunch area. The overhead trellis shall have cross members spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches. Also, each • support column shall have a decorative base that incorporates the architectural finishes/trim used on the building. The trellis shall be painted to match the building. Also, provide durable street furniture in the outdoor employee eating area such as tables, chairs, waste receptacles. 9) Incorporate undulating berms along both 6th Street and Hermosa Avenue, within the landscape setback and landscape areas. 10) All ground-mounted equipment, utility boxes including transformers, and back-flow devices shall be surrounded by a minimum of two rows of shrubs spaced a minimum of 18 inches on-center. 11) Landscaping shall be installed prior to release for occupancy. Engineering Department 1) Full frontage improvements shall be installed on 6th Street at the "Secondary Arterial" street standard width including asphalt pavement, curb and gutter, drive approach, curvilinear sidewalk, street trees, curbside drain outlet, 9500 Lumen HPSV streetlights and traffic signing and striping. Protect all existing public improvements orrepair/replace, as required. a) The drive approach is to be per City Standard No. 101, Type C • and be a minimum of 35 feet wide. Curvilinear sidewalk shall cross the drive approach at the 0-inch curb face (non-contiguous sidewalk). B & C- 35 PLANNING COMMISSION RESOLUTION NO. 08-19 DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC May 14, 2008 Page 4 b) Relocate 66kV poles as needed for street construction and added width of existing drive approach. 2) Hermosa Avenue is a City "Secondary Arterial" Street. Install all missing public improvements including property line adjacent sidewalk, drive approach, street trees, curbside drain outlet(s), and local storm drain as determined by final drainage report. a) Protect all existing public improvements or repair, replace as required. b) Emergency access at the north end of the parking lot shall be per Fire and City Traffic Engineer requirements. 3) The existing overhead utilities (communications and electrical, except of the 66kV electrical) on the project side of 6th Street shall be undergrounded from the first pole on the east side of Hermosa Avenue to the first pole off-site west of the west project boundary, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing 6th Street shall be undergrounded at the same time. The City has collected fees from development on the south side of the street which will be used to reimburse this developer for a portion of the cost. The developer shall request a reimbursement agreement to recover a portion of the cost upon completion. If the developer fails to submit forsaid reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developerto reimbursement shall terminate. 4) Parkways shall slope at 2 percent from the top-of-curb to one-half beyond the ultimate right-of-way along all street frontages. Building and Safety Department (Grading) 1) Prior to the issuance of a grading permit, the applicant shall provide a letter from the northerly property owner accepting storm water runoff into the existing drainage ditch north of the northerly property line. In the event permission is not granted by the northerly property owner, all roof and other on-site waters will be required to drain within the project limits to an appropriate outlet. 2) Along the west property line, the applicant is conditioned to provide structural calculations showing that the existing wall can retain proposed loadings. 3) Safety rails will be required per the latest adopted edition of the California Building Code. • u B & C- 36 PLANNING COMMISSION RESOLUTION NO. 08-19 DRC2007-00696 - 6TH & HERMOSA JP/DF, LLC May 14, 2008 • Page 5 The Secretary to this Commission shall certify the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008. 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 14th day of May 2008, by the following vote-to-wit: • AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: B & C- 37 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DEVELOPMENT REVIEW DRC2007-00696 SUBJECT: DEVELOPMENT REVIEW APPLICANT: 6TH & HERMOSA JP/DF, LLC LOCATION: NORTHWEST CORNER OF 6TH STREET AND HERMOSA AVENUE - APN: 0209-211-41 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements comoienor,oace 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees maybe required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. OS-19, Standard _/_/_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this protect. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 B. Time Limits 1. DevelopmenUDesign 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. • B&C-38 Project No DRC2007-00696 Completion Date 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 Development Code regulations. 2. Prior to any use of the protect site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so • as not to adversely affect adjacent properties. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be _/_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. 10. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the _/_/_ Homeowners' Association are subject to the approval of the Planning and Engineering Departments and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 11. All parkways, open areas, and landscaping shall be permanently maintained by the property /_/_ owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved prior to the issuance of building permits. 12. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall _/_/_ condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's • perimeter. 2 B & C- 39 Project No. DRC2007-00696 D. Industrial Buildings • 1. Graffiti shall be removed within 72 hours. 2. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 3. Signs shall be conveniently posted for "no overnight parking" and for "employee parking only." E. 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. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. W hen a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). • 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. 5. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 6. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. G. Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the regwred automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. • Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. Comolehon Date -~-~- / / / / -~-~- -~-~- -~-~- -~-~- -~-~- / / -/-/_ -~-~- B & C-40 Protect No. DRC2007-00696 Completion Date 2. Carpool and vanpool designated off-street parking close to the building shall be provided for _/_/_ commercial, office, and industrial facilities at the rate of 10 percent of the total parking area. If covered, the vertical clearance shall be no less than 9 feet. • 3. For industrial projects with at least 40 car parking spaces, bicyclist-changing facilities shall be _/_/_ provided to encourage bicycle commuting per the City of Rancho Cucamonga Bicycle Transportation Plan adopted by City Council Resolution No. 02-237. Accessible restrooms with storage lockers for clothing and equipment shall be sufficient. H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within _/_/_ commercial and office projects, shall be specimen size trees - 24-inch box or larger. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ slat Is. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building. 5. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering _/_/_ sidewalks (with horizontal change), and intensified landscaping, is required along 6th Street and Hermosa Avenue. 6. All walls shall be provided with decorative treatment. If located in public maintenance areas, the _/_/_ design shall be coordinated with the Engineering Department. 7. Landscaping and irrigation shall be designed to conserve water through the principles of _/_/_• Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. I. Signs 1. 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. J. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location _/_!_ of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1. Submit five complete sets of plans including the following: _/_/_ a. Site/Plot Plan; b. Foundation Plan; 4 B&C-41 Protect No. DRC2007-00696 Completion Date c. Floor Plan; • d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2007-00696) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to _/_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. ~_/_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department. L. Site Development - 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number (i.e., DRC2007-00696). 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 Budding 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 _/_/_ major addition, the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map _/_/_ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of B:00 p.m. and 6:30 a.m. Monday _/_/_ through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/_ counter). M. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _/_/_ 3. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC _/_/_ Section 1505. . 4 Exterior walls shall be constructed of the re uired fire ratin in accordance with CBC Table 5-A ~ / . q g _ _ 5 B & C- 42 Project No. DRC2007-00696 Completion Date 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/_/_ 6. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_• N. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading _/_/_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/_ perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the _/_/_ time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, _/_/_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from _/_/_ street centerline): 44 total feet on Hermosa Avenue. 44 total feet on 6th Street _/_/_ _/_/_• 2. Corner property line cutoffs shall be dedicated per City Standards. _/_/_ 3. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by _/_/_ deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 4. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or _/_/_ noted on the final map. P. Street Improvements 1. Pursuant to City Council Resolution No. 88-557, no person shall make connections from a source _/_/_ of energy, fuel or power to any building service egwpment 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. • B & C- 43 Protect No. DRC2007-00696 Construct the following perimeter street improvements including, but not limited to: • Street Name Curb & Gutter AC. Pvmt Side• walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Bike Trail Other Hermosa Avenue (b) X X X (e) 6th Street X X (c) X X X (e) Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Curbside drain outlets. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and • interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 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 Ergineer. 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 Clty Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. u Completion Date -~- - -~-~- -~-~. -/_/ / / -~-~- _/-/ -~-~- -~-~ -~-~ B&C-44 Protect No DRC2007-00696 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street Improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Street Name Botanical Name Common Name Min. Grow Space Spacing Size t]ty. Hermosa Avenue P.A. 8 feet or greater Platanus acerifolia London Plane Tree 8 feet 30 feet o.c. 30 feet Fill-in P.A. less than 8 feet Lagerstroemia indica Crape Myrtle Hybrid 3 feet 20 feet o.c. 20 feet Fill-in No utilities "Catawba" -Dark Purple Standard Use Platanus as on-site Background tree P.A. less than 8 feet Magnolia grandiflora Crape Myrtle Hybrid 3 feet 20 feet o c 24-inch Fill-in Under utilioes "Majestic Beauty' -Dark Purple Use Platanus as on-site Background tree 6th Street Magnolia grandiflora NCN 8 feet 30 feet o.c. 15-gallon Fill-in P.A. 8 feet or more "Majestic Beauty" P.A. less than 8 feet Magnolia grandiflora NCN 3 feet 20 feet o.c. 15-gallon Fili-in Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. Q. Public Maintenance Areas A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan for 6th Street. R. Improvement Completion If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for all public improvements. Completion Date / / • • -~-~- / / • 8 B & C- 45 Prgect No DRC2007-00696 Completion Date S. Utilities . 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, _/_/_ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. _/_/_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. _/_/_ Approval of the final parcel map will be subject to any requirements that may be received from them. T. General Requirements and Approvals 1. An easement for a joint use driveway shall be provided prior to final map approval or issuance of _/_/_ building permits, whichever occurs first, for all public improvements. 2. Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all _/_/_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 3. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall _/_/_ • be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 60% 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: U. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with _/_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. _/_/_ V. Security Hardware t. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within _/_/_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 2. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. _/_/_ B & C- 46 Protect No DRC2007-00696 3. All roof openings giving access to the building shall be secured with either iron bars, metal gates, or alarmed. W. Security Fencing All businesses or residential communities with security fencing and gates will provide the police with a keypad access and a unique code. The initial code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at (909) 941-1488 or by contacting the Crime Prevention Unit at (909) 477-2800 extension 2474 or extension 2475. X. Building Numbering Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. 2. Developer shall paint roof top numbers on one or more roofs of this development. They shall be a minimum of three feet in length and two feet in width and of contrasting color to background. The stencils for this purpose are on loan ai the Rancho Cucamonga Police Department. 3. At the entrances of commercial or residential complexes, an illuminated map or directory of project shall be erected with vandal-resistant cover. North shall be at the top and so indicated. Sign shall be in compliance with Sign Ordinance, including an application for a Sign Permit and approval by the Planning Department. Y. Alarm Systems Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 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 Completion Date -~-~- • -~-~ -~-~- -~-~- -~- _/_/_• -~-~ 10 B&C-47 9 - ~~ 3 i • 4y.`.. Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS April 24, 2008 6`" & Hermosa Ave Industrial 9212 Turner Ave. (Hermosa) (2) Industrial Buildings SUBTPM18872 & DRC2007-00696 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standazds which are referenced in this document can be access on the web at htto //www.ci.rancho-cucamonoa.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 appeaz, select the corresponding standard. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: • a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150 feet from an approved fire hydrant. For cul-de- sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants aze: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 3375 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50- percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 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 public fire protection water plans are approved. 5. On all site plans to be submitted for review, show al] fire hydrants located within 600-feet of the proposed project site. B&C-48 FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the • underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed in buildings as required by the2007 California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other applicable standards require an approved automatic fire sprinkler s}~stem to be installed. FSC-~ Fire Alarm System & Sprinkler Monitoring The 2007 California Building Code, the RCFPD Fire Alarm Standard, Ordinance FD46 and/or the 2007 California Fire Code require most fire sprinkler systems to be monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadwa}~s include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadvt~a}~s Standard. 1. Location of Access: All portions of the structures ls~ story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped • areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cut-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GV W). 4. 5. ~. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6- inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. Access V1'alkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: • B & C-49 a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. t c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20.00. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and afail- safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 7~' above the level of the fire access road. r • a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ]adder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. Genera] Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. Aerosol Products • Application of Flammable Finishes Automobile Wrecking Yards • Battery Systems Candles and open flames in public assemblies Cellulose Nitrate Magnesium Working Motor Vehicle Fuel-Dispensing Operation Open Burning Organic Coating Ovens Powder Coating B & C350 • Compressed Gases • Cryogenics • Dry Cleaning Plants • Dust-Producing Processes and Operations • Explosive or Blasting Agents • Flammable and Combustible Liquids • Fruit Ripening Plants • Hazardous Materials • High-Pile Combustible Storage (HPS) • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings Public Assembly Pyrotechnical Special Effects Radioactive Materials Refrigeration Systems • Repair Garages Rubbish Handling Operations Spraying or Dipping Operations Tents, Canopies and/or Air Supported Structures Tire Storage Welding and Cutting Operations Wood Products/Lumber Yards FSC-11 Hazardous Materials -Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance. "The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernazdino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 6850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility. 2. Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business • Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (~) working days, if requested by the owner. FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007Califomia Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement -Please provide a permanent access agreement between the owners • granting irrevocable and anon-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement B&C-51 Y shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant -Please provide a permanent maintenance and service covenant between the • owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpose of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covcnant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or #88-1 is required prior to the issuance of grading or building pemlits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standazds. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. Al] required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with al] the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' ~mporary Power Release Checklist and Procedures". PRIOR TO THE RELEASE OF TEMPORARY POWER B & C-<52 The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION - Plcase complete the following: • 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted b}' Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring s}~stem shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected; tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehiculaz gates must be • inspected, tested and accepted in accordance with RCFPD Standards by Fire Constmction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved Fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. 10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 'h" x 11" or I 1 " x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • B & C-53 b n ~, `~ ; z- - , T H E C I T Y O F ,,. R A N C H O C U C A M O N G A Staff Report , DATE: May 14, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Larry J. Henderson, AICP, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM18710 - CHARLES JOSEPH, ASSOCIATES - A request fora 4-lot subdivision for property within the Community Commercial zone, Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 1100-161-02 and 1100-161-03. Related Files: Conditional Use Permit DRC2007-00344 and Uniform Sign Program DRC2007-00914. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW DRC2007-00344 -CHARLES JOSEPH ASSOCIATES -The development of a retail commercial center consisting of 5 buildings totaling 63,000 square feet within the Community Commercial zone, Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 1100-161-02 and 1100-161-03. Related Files: Tentative Parcel Map SUBTPM18710 and Uniform Sign Program DRC2007-00914. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. UNIFORM SIGN PROGRAM DRC2007-00914 -UNIFORM SIGN PROGRAM FOR THE NORTHEAST CORNER OF FOOTHILL & ETIWANDA (FOOTHILL GARDENS) - A Sign Program for a retail commercial center consisting of 5 buildings totaling 63,000 square feet within the Community Commercial zone, Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 1100-161-02 and 1100-161-03. Related Files: Tentative Parcel Map SUBTPM18710 and Conditional Use Permit DRC2007-00344. PROJECT AND SITE DESCRIPTION: A. Project Density: A commercial retail and office development with a proposed floor area ratio of .27 versus a General Plan ratio of .25 to .35. • ITEMS D,E & F PLANNING COMMISSION STAFF REPORT SUBTPM18710, DRC2007-00344, AND DRC2007-00914 May 14, 2008 Page 2 B. Surrounding Land Use and Zoning: North - Developed Apartments and One Single-Family. Residence, Zoned Medium Density Residential and Community Commercial South - Vacant -Approved Commercial Retail Center, Zoned Community Commercial. East - Condominium Development under Construction, Zoned Medium Density Residential West - Etiwanda Avenue -Vacant, Zoned Community Commercial. C. General Plan Designations: Project Site - General Commercial North - General Commercial, and Medium Density Residential South = General Commercial East - Medium Density Residential Wes - General Commercial D. Site Characteristics: The site is a vacant 5.35-acre site which is fairly flat sloping to the south. Previously, the site was occupied by the Route 66 Garage - Duanne's Service Station and is currently a designated Point of Historic Interest. E. Parking Calculations: Number of Number of Square Parking Spaces Spaces T e of Use Foota a Ratio Re wired Provided Retail 26,726 1/250 107 Restaurant 7,500 1/100 75 Fast Food 5,400 1/75 72 Office<25,000 Sq. Ft. 18,575 1/250 74 Medical 5,000 1/200 25 Total 63,201 ~ 353 322 (31 deficient) Parking Study Demand ~ 349 maximum 322 (27 deficient) (Scenario B) versus 289 for versus 33 surplus shared • Note -Parking is provided at the minimum number of 5 per 1,000 square feet for a total of 315 spaces. Under the Code, up to 15 percent (9,450 square feet) of the gross floor area is permitted without increasing parking for food service (defined as restaurants, fast food restaurants, taverns, lounges, and other establishments for the sale and consumption on the premises of food and beverages), one additional space is required for each 100 square feet over this limit. Under Section 17.12.040 B(3)(e), offices including medical and dental shall require the review and • D, E, F- 2 PLANNING COMMISSION STAFF REPORT SUBTPM18710, DRC2007-00344, AND DRC2007-00914 May 14, 2008 Page 3 approval by the Planning Director of a Special Parking Study if they are over 10 percent (6,320 square feet) of the gross area. Please note that the Development Code States: E. Parking Reduction and Parking Structure Provisions. The following may be required by the City Planner or provided at the option of the developer when applicable to commercial, residential or office off-street parking uses. 1. Shared Parkins. Parking facilities maybe used jointly with parking facilities for other uses when operations are not normally conducted during the same hours, or when hours of peak use vary. Requests for the use of shared parking are subject to the approval of the City Planner and must meet the following conditions; a. A parking study shall be presented to the City Planner demonstrating that substantial conflict will not exist in the principal hours or periods of peak demand for the uses which the joint use is proposed. b. The number of parking stalls which may be credited against the requirements for the structures or uses involved shall not exceed the number of parking stalls reasonably anticipated to be available during differing hours of operation. c. Parking facilities designated for joint use should not be located further than three hundred feet from any structure or use served. • d. A written agreement shall be drawn to the satisfaction of the city attorney and executed by all parties concerned assuring the continued availability of the number of stalls designated for joint use. After a review of the submitted Parking Study, the Planning Director and Design Review Committee have approved the applicant's Parking Study. ANALYSIS: General: The project proposal is for five buildings, four are 1-story buildings and one is a 2-story building. The project is served by a single driveway on each street frontage and does not propose to share access with the existing single-family residence on the north Etiwanda Avenue frontage. The applicant has provided a master plan to demonstrate that the remaining commercially zoned residence could develop independently without relying on shared access. The plan does provide for the previously required pedestrian access from the condominium project currently under construction to the east. The proposed architecture is slanted towards a vineyard concept, while utilizing the Route 66 Street Improvement Plan requirements as a compatible accent. The design incorporates the Foothill Boulevard activity center design elements as well. Architectural details include exposed heavy timber entries for two buildings. Significant amenities in the plazas are also proposed to carry out the relevant themes. An integrated Sign Program is also provided which further strengthens the architectural character. A. Neighborhood Meeting: A neighborhood meeting was held by the applicant on December 13, 2007. Nine residents of the neighborhood south of Foothill Boulevard attended the meeting. Copies of the • meeting documentation are attached for reference (Exhibit D). A follow-up letter received by the D,E,F- 3 PLANNING COMMISSION STAFF REPORT SUBTPM18710, DRC2007-00344, AND DRC2007-00914 May 14, 2008 Page 4 ;~• Planning Department on January 31, 2008, from a concerned resident who attended the meeting, is also attached for reference. Design Review Committee: The Committee reviewed the project on December 4, 2007, and on April 14, 2008, and accepted the modifications that were presented. C. Technical Review Committee: Technical Review and Grading Review Committees reviewed and recommended conditions of approval which are included in the Draft Resolutions of Approval. D. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental .effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the 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 there is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter,. the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised as a public hearing in. the Inland Vallev Dailv Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot. radius of the project site. RECOMMENDATION: Staff recommends the adoption of the proposed Mitigated Negative Declaration and approval of Tentative Parcel Map SUBTPM18710 and Development Review DRC2007-00344 and Conditional Use Permit DRC2007-00344 through the adoption of the attached Resolutions of Approval with Conditions. Uniform Sign Program DRC2007-00914 is recommended for approval by minute action. Respectfully submitted, ~ ~~~ Jam R. Troyer, AICP Planning Director LHlge Attachments: Exhibit A - Site Location Map Exhibit B - Site and Architectural Plans Exhibit C - Sign Program Exhibit D - Community Meeting Notes, Sign-In Sheet, and Correspondence dated January 27, 2008 Exhibit E - Initial Study I and II Draft Resolution of Approval for Tentative Parcel Map SUBTPM18710 Draft Resolution of Approval for Development Review DRC2007-00344 Draft Resolution of Approval for Conditional Use Permit DRC2007-00344 ,. D, E, F- 4 r- GARCIA DR v r r ~ ~~ 2 BA~BERA~DR Z c ®® ® ® ~J ®® ®® FOOTHILL BL SITE LOCATION MAP SUBTPM 18710 ~/ u // ~ SITE LOCATION DRC2007-00344 EXH ~ B'T I`'1 EXHIBIT "A" .1 0 0.1 0.2 Miles s ¢F ~ ~± s d Sys ~o << i t ~g_~if !S~ ~i~ -- - - ~ / ~ ~.~- e sag :~1 ~ _ I_1 - ._ i - ~ '-g - 0 m ~3fi ~- -_-__ ~ ~~~ ~ ' ...I i o..,tiw,ti '. Q ' V --I ~ G~ I ~ -~ _ ~ :. 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There was a request by Kenneth for our developer to mitigate the noise of Foothill Blvd. He offered that a deceleration lane should be installed along the enfve length of Foothill as well as provide 8 foot sound wall along the Foothill, and if this was done that the neighbors would suppoR the project, otherwise they would oppose the project. CJA Response: We informed the neighbors proposed project is within the noise levels provided for by the existing zoning ojthe project The existing noise mentioned in this request is not from our project, rather what is generated from existing Foothill Blvd Route 6tx Another neighbor pointed out that he had made contact with Gary Handsaw who confirmed that he would provide an 8' CMU wall around his entire property that would extend along Etiwanda to the first residential street Mr Buquet also pointed out that it is not appropriate to require a developer to construct facilities and improvements beyond the nexus of this development • 2. Questioned raised regarding the timing of Foothill Boulevard roadway improvements and timing. Questions regarding construction hours and start times. CJA Response: The City of Rancho Cucamonga requires that a project complete the frontage improvements prior to occupancy ojthe buildings which is included in the Conditions ojapproval Construction activity will commence concurrently with the project construction and hours of operations are from 6:3oam to 7pm, any work outside that time the neighbors may contact Code Enforcement and/or Law Enforcement to assist with enforcement if it becomes a problem 3. Questions regarding the building profile and elevations. Elevations presented and shown that fit within scale, scope and quality ofthe existing developments on the north side of Foothill Blvd. Compliments were provided as to these elevations and additional discussions of the Circle X project on the south side of Foothill that will be a 22' building elevation with 37' tower elements. 4. Questions rose regarding the types ofbusinesses or uses that would be anticipated at the Center. Concerns that Pornography, & Tattoo Parlors would be in the site. We confirmed that there are no provisions in the code for this use. Questions rose regarding liquor stores & nightclubs would be in the center. Mr. Buque[ informed the neighbors that these types of uses are not anticipated for this center and would be required to go thru a separate Conditional Use permit process. 5. Questions rose and extended discussion regarding the West Valley Detention center releases, the non profit rehabilitation ministry that is being operated out of EXHIBIT D D,E~F-57 one of the neighbor's homes and the concern that the shopping center would i • attract those releases. Questions asto the design ofthe trash enclosures and concern that homeless people would sleep in the trash enclosures and collect cans as they do in the Wal-Mart Center, Mr. Buquet pointed out that these concerns are outside the scope and control of our project and that ijihe concerns are due to the existing centers, the neighbors can follow up with the Cdy regarding those concerns. 6. Discussions regarding `Wal-Mart' & `Food For less' as to the lack of maintained trash enclosures (which are broken and stuck open with trash in the drive aisles- homeless people sleeping in the center, overnight RV sleepers, Big Rig sleepers, etc) are not within the approved Conditional Use Permit. Residents were advised that they should address their issues with the City. Their concerns are unrelated to the proposed project Please feel free to contact me at your earliest opportunity should you have any questions or need of additional information or assistance with this matter. Chuck Buquet, President Charles Joseph Associates i• • D,E,F-58 • • Zhongkun Group 12962 Foothill Blvd. R.Cucamonga Name Address Phone # 1 ,,.I 9 2 1 ~z~; rA E wP~F I?,v39 GE-f~STrJv'~ Avc 996-5i~s 3 ~ ~ onD jjGz- f)l~ _ 134 •L /y {~vC ~• C-. ?yoss~~ 4 ~iE ~~ ~/ a 13aSo .E' 1- IBC - 6 5 I 4 E, 6 i ~3Ko-w~ laq~6 C~srn v 999 - 7 JIN~~,!L 12~Z1 a(~- 'S17yl.S3T~ 8 e I ,r tyL -~Go 9 .~.1~ 7b~S- Llrc-6~~5 ~1 c~ X53 ~y~~ 10 • 11 12 13 14 15 16 17 ' 16 19 20 21 22 23 24 Page ~ Z D, E,F-59 ,--.__ ~~~~~~C} n~ of-z~-Zoos To: The City Of Rancho Cucamonga J~O~ ~ '1 2~0~ 10500 Civic Center Drive Rancho Cucamonga, Ca. 91730 CfTY (?~ RAPdCHG (;UCAIN()NCaH CITY' CL Ri( Att: Larry Henderson, Adam Collier, Planning Commission and City Clerk Regarding: DRC2007-00344 12962 Foothill Blvd. (NEC of Foothill and Etiwanda) The following comments are regarding the neighborhood meeting held at the "Etiwanda Gardens"on December 4th 2007. Reading over the neighborhood meeting notes (written by Adam Collier) they do not address adequately the concerns of the surrounding neighbors. Mr. Charles Buguet was also rude and unprofessional while we tried to present our concerns. He would cut people off in mid sentence and talk over them, not letting our points fully be expressed. The main concern we have is the types of businesses they will lease to. The types of businesses of most concern are thoughs that require a "Conditional Use Permit". This project is located on three sides by residential developments. We do not want any businesses that will negatively affect family surroundings such as: Cocktail Lounges, Liquor stores, late night restaurants, Adult book stores ect. Additionally the jail releases down the street and the existing transients can be a problem. We do not want Coin-op washing, Bail Bonds or Check Cashing stores (there is already three Bail Bonds down the street). The types of businesses need to be thoughs that do not appeal to problematic people. This part of the city has been largely ignored and is very sensitive. If problems start occumng at this site it will spill into our neighborhoods. We want a safe community; we want to welcome quality businesses that will bring in quality people. We would spend our money at their establishments and are trying to help them be a success. Another concern of the neighborhoods is all this construction going on, traffic is already extremely heary. It looks like all three comers of Foothill and Etiwanda will be developed azound the same time. Etiwanda and Foothill Boulevazd hnprovements must be preformed first before construction. Our neighborhood will end up trapped, boxed th, if all this construction starts breaking ground together or near the same times. Please take these comments seriously as we live at this end of the city. It has been a long hard road keeping things safe and livable here. Thank you, Kenneth Van Horn 909-948-1624 D, E, F- 60 <~i:`.:, fv~^Y!.~a , ,...-: . • S_-\ Qty of Rancho Cucamonga Planning Dimsion (909) 477-2750 ENVIRONMENTAL INFORMATION FORM (Part I -Initial Study) The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies, Ordinances, and Guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the n:sponsibility of the applicant to ensure that the application is complete a[ the time of submittal; City staff will not be available to perform work required fo provide missing information. Application Number for the project to which this /orm pertains: Project Title: Foothill Gardens • Name 8 Address of project owner(s): 7hnn~kun (;rnltr Inn 222 E. Huntington Drive Suite 213 Monrovia, CA 91016 Name & Address of developer orproject sponsor: Charles Joseph Associates 10681 Foothill Blvd. Suite 395 Rancho Cucamonga, CA 91730 Contact Person & Address: Chuck Bunuet Charles Joseph Associates 909-481-1822 10681 Foothill Blvd. Suite 395 Rancho Cucamonga, CA 91730 Name & Address of person preparing this form (il different from above): As shown above EXHIBIT E D, E,F-61 ( • '1) Provide a full scale (8-12 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east and west; views info and from the site from the pdmary access points that serve the site; and repn:sentative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): No Rh East Comer o(Froothill & Efiwanda 4) Assessor's Parcel Numbers (attach additional sheet if necessary): 1100-161-02 and 1100-161-03 'S) Gross Site Area (adsq. ft.): 5.62 Acres244, 662.07 square feet "6) Net Site Area (total site size minus area of public streets & proposed dedications): 5.46/237, 843.22 square feet 7) Describe any proposed general plan amendment or zone change which would affect the project site ~• (attach additional sheet if necessary): None 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the pmject: Grading, Building Permit and demolition permit for existing structure. 9) Describe the physical setting of the site as it exists before the project including information on topography, soil stability, plants and animals, matu2 tees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, cite all sources of information (i.e., geological and/or hydrologic studies, biotic and archeological surveys, traffic studies): One existing house with three to four trees. Primarily flat with non-native grasses and weeds. l• EnvironmentallnfoFonnl.doc Page 2 of 9 Created on 5!22/2002 4.09 PM D, E,F-62 Information indicated by an asterisk (') is not requin:d ofnon-construction CUP's unless otherwise requested by sfaN. 10) Descnbe the known cultural and/or historical aspects o(the site. Cite all souroes of information (books, published reports and oral history): Thara ara nn knnwn hisfnriral nr rnlh iral acrac}s"nn chic sda • 11) Deschbe any noise sources and their levels that now affect the site (aircraft, roadway noise, etc.) and how they will affect proposed uses: Existing roadway noise that will not affect proposed use. s 12) Descnbe the proposed project in detail. "This should provide an adequate descnpfion of the site in ferns of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, fhe extent of development to occur with each phase, and the anticipated completron of each increment. Attach additional sheet(s) if necessary: New construction of 5 separate retail buildings in which different businesses can occupy. Project well 6e comprised of 5 retail buildings located on 5.46 net acres having a total gross floor area of 63,200 Square feet upon completion of project construction. Tentative Parcel Map 18710 has been fled as a Component of the overall project approval • Environm=ntallnfoPorml.doc ~e~ ~ Sf63 Created on 5122%2.02 4:09 °M (• 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity~of land use (one-family, apartment houses, shops, department stores, etc.) and scale o/development (height, frontage, setback, rear yard, etc.) North-existing medium high density residential apartments South-Foothill Blvd. and vacant commercial West-Etiwanda Avenue and vacant commercial East-medium density condo development currently under construction 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the project? The project is consistent with the current zoning and will enhance a blighted area ~~ 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on-site uses. Wha[ methods of soundproofing are proposed? Short term-construction noise only, no long term impacts. '16) Indicate proposed removals and/or replacements of mature or scenic trees: N/A 17) Indicate any bodies of water (including domestic water supplies) into which the site drains. N/A r• D, E,F-64 EnvironmentallnfoForm7 doc Page 4 of 5 Created on 512212002 4'09 PM 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further cladfcation, please contact the Cucamonga County Water District at 987-2591. a. Residential (gat/day) Peak use (gaUDay) b. Commeroial/Ind. (gal/day/ac) 3.000 Peak use (gaUmin/ac) 16.860 19) Indicate proposed method of sewage disposal. ~ ^ Septic Tank XXSew~]r If septic tanks are proposed, attach peroolation tests. ((discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For /urther clarification, please contact the Cucamonga County Water Distdct at 987-2591. a. Residential (gal/day) b. Commercial/industrial (gal/day/ac) XX RESIDENTIAL PROJECTS: ZO) Number of residential units: Detached (indicate range ofparoel sizes, minimum lot size and maximum lot size: NIA • Attached (indicate whether units a2 rental or for sale units): N/A 21) Anticipated range of sale pdces and/or rents: Sale Pdce(s) $ to $ Rent (per month) $ to 9 22) Specify number of bedrooms by unit type: N/A 23) Indicate anticipated household size by unit type: N/A • EnvironmentallnfoForml doc ~a~e ~ x165 Created on 5!22/2002 4'09 PM 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: (_ a. Elementary: ' `• b. Junior High ~ ' c. Senior High COMMERCIAL INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Describe type o/use(s) and major function(s) o(commemial, industrial.or institutional uses: Major use would be a retail center with various commercial/retail business occupations consistent With existing zoning. 26) ota oor area o commercia , m us na , onns i u Iona uses y ype: sq. . commercla re al z7) Indicate hours of operation: TE3D. Commercial retail hours of operation wjll be consistent with existing zoning. 28) Number of employees: Total: TBD I • Maximum Shitt: TBD Time of Maximum Shift. 29) Provide breakdown of anticipated job classifications, including wage and salary ranges, as welt as an indication of the rate of hie for each classification (attach additional sheet if necessary): TBD 30) Estimation of the number of workers to be hired that currently reside in the City: TBD , '31) For commercial and industrial uses only, indicate the source, type and amount of air pollution emissions. (Data should be verified through the South Coast Air Duality Management District, at (818) 572-6283): Project will comply with applicable air quality standards, during and after construction, i• EnvironmentallnfoForml doc Page 6 of 9 Created on 5l2212D02 4:09 PM D,E,F-66 ALL PROJECTS ~-~ 32) Have the water, sewer, fire, and /food control agencies serving the project been contacted to determine their ability to • provide adequate service to the proposed project? If so, please indicate their response. All agencies contacted have indicated their ability to provide adequate service to the project site. r 33J In the known history of this property, has there been any use, storage, or discharge ofhazardous and/or toxic matedals? Examples of hazardous and/or toxic matedals include, but are not limited to PCB's; radioactive substances; pesticides and herbicides; fuels, oils, solvents, and other Flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use, storage, and/or discharge on the property, as well as the dates o(use, if known. No 34) lMll the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic materials, including but not limited to those examples listed above? if yes, provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses, along with the storage and shipment areas, shall be shown and labeled on the application plans. No I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation ofthis project to the best ofmy ability, that the facts, statements, and information presented are true and correct tot he best o/ my knowledge and belief. I further understand that additional information maybe required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: Mav 1. 2007 Signature: Title: President • EnvironmentallnfoForml.doc Pa e 7 of 9 Created on 5/22/2002 4.09 PM D,~,F-67 D,E,F-68 Photo Survey for the NEC of Foothill ~ Etiwanda • 1. Front of Condo project east of site currently under construction heading west along • 2. View from SEC of project site looking north along Property line along Condo project wall under construction. ,• D,E,F-69 • 3. 1. From SWC of project site on hard corner looking Northeast diagonally into project. • 'r • D, E,F-70 4. View ti-om SEC ofproject site facing north along Etiwanda Ave. • condo • cg non- r~ U D,E,F-71 conforming residential home with existing Multifamily condos in the rear. BACKGROUND City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II Project File: SUBTPM16710, DRC2007-00344, and DRC2007-00914 2. Related Files: PRJ2007-00139 3. Description of Project: TENTATIVE PARCEL MAP SUBTPM18710 -CHARLES JOSEPH ASSOCIATES - A request fora 4-lot subdivision for property within the Community Commercial zone Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 1100-161-02 and 03. Related file: Conditional Use Permit DRC2007-00344 and Uniform Sign Program DRC2007-00914. CONDITIONAL USE PERMIT AND DEVELOPMENT/DESIGN REVIEW DRC2007-00344 - CHARLES JOSEPH ASSOCIATES -The development of a retail commercial center consisting of 5 buildings totaling 63,000 square feet within the Community Commercial zone Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 1100-161-02 and 1100-161-03. Relayed Files: Uniform Sign Program DRC2007-00914, and Tentative Parcel Map SUBTPM18710. UNIFORM SIGN PROGRAM DRC2007-00914 - (FOOTHILL GARDENS) -Sign Program for a retail commercial center consisting of 5 buildings totaling 63,000 square feet within the Community Commercial zone Subarea 4, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue -APN: 1100-161-02 and 1100-161-03. Related Files: Conditional Use Permit DRC2007-00344 and Tentative Parcel Map SUBTPM18710. 4. Project Sponsor's Name and Address: Charles Joseph Associates City Center 10681 Foothill Boulevard, Suite 395 Rancho Cucamonga, CA 91730 5. General Plan Designation: Community Commercial 6. Zoning: Foothill Boulevard Specific Plan, Subarea 4, Community Commercial (Activity Center Area) 7. Surrounding Land Uses and Setting (Briefly describe the project's surroundings): To the north are developed apartments and one single-family residence; to the east is a condominium development that is under construction; to the south, across Foothill Boulevard, is a vacant but approved commercial retail center; to the west is Etiwanda Avenue and vacant Commercial zoned property area. D, E,F-72 Initial Study for City of Rancho Cucamonga SUBTPM18710/DRC2007-00344/DRC2007-00914 Page 2 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Larry Henderson AICP (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 W ater District EIR -Environmental Impact Report FEIR -Final Environmental Impact Report NPDES -National Pollutant Discharge Elimination System NOx -Nitrogen Oxides ROG -Reactive Organic Gases PM~o-Fine Particulate Matter RWOCB -Regional Water Quality Control Board SCAQMD -South Coast Air Quality Management District SW PPP -Storm Water Pollution Prevention Plan URBEMIS7G -Urban Emissions Mode17G 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. (J) Aesthetics ()Agricultural Resources (J) Air Quality ()Biological Resources ()Cultural Resources ()Geology & Soils ()Hazards & Waste Materials ()Hydrology & Water Quality (J) Land Use & Planning ()Mineral Resources (J) Noise ()Population & Housing ()Public Services ()Recreation (J) Transportation/Traffic (J) Utilities & Service Systems ()Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (J) 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 t proj ct proponent. A MITIGATED NEGATIVE• DECLARATION will be prepared. Prepared By: Date: Zoo 00 Reviewed By: ~~~ ~~ Date: ~ ~S 2 (• (• ;• Rev. 3/13/07 D, E,F-73 • • Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 3 Less Then Sipnihcan~ Less Issues and Supportin Information Sources: Ppre"sally w"" ma" g Signihcenf MNpation SiBnihcant No Impact Inco oretetl Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? () () () (/) b) Substantially damage scenic resources, including, but () ()' () (/) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or () () () (/) quality of the site and its surroundings? d) Create a new source of substantial light or glare, () () (/) ( ) which would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Exhibit III-15. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The site is located at the northeast corner of Foothill Boulevard and Etiwanda Avenue and .iS characterized on the north by developed apartments and one single-family residence; to the east is a condominium development that is under Construction, south across Foothill Boulevard, is vacant but approved commercial retail center; to the west is Etiwanda Avenue and a vacant commercial zoned property. The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of street lights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. \J 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 use? b) Conflict with existing zoning for agricultural use, or a () () () (/) Williamson Act contract? Rev. 3/13/07 D, E,F-74 Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 4 Less Than Signtlicant Less Issues and Su ortin Information Sources: PP 9 aotepnaoy Significant wuh Mmgauon man Slgnd¢ant No ImpaCl InCOlpplalatl 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 use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located on the northeast corner of Etiwanda Avenue and Foothill Boulevard and is characterized on the north by developed apartments and one single-family residence; to the east is a condominium development that is under construction; to the south, across Foothill Boulevard, is a vacant but approved commercial retail center; to the west is Etiwanda Avenue and vacant Commercial zoned property. 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 doubHul; 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 northeast corner of Etiwanda Avenue and Foothill Boulevard and is characterized by on the north by developed apartments and one single-family residence; to the east is a condominium development that is under construction; to the south, across Foothill Boulevard, is a vacant but approved commercial retail center; to the west is Etiwanda Avenue and vacant Commercial zoned property. The nearest agricultural use is more than 1.36 mile northeast from the project site. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? () () () (/) b) Violate any air quality standard or contribute () (/) () ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of () () () (/) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? ~• ~'• i• Rev. 3/13/07 D,E,F-75 • Initial Study for SU BTPM18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 5 Less Than SiBniLCant Less Issues and Su ortin Information Sources: Finannauy wpm Tnan pp g SBnlhcent MiOgahon Spmhcant No Im ed Inror orated ImOact Im acl 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 project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. • b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle do or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis. Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed pertormance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. Rev. 3/13/07 D, E,F-76 Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 6 Less Than SiBmhcant Less Issues and Su ortin Information Sources: PP 9 Fp,an,~aoy SipniOCam wan Maipation Than Spni6cam No Impact Inco Oratatl Impap 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 occur as a result of hauling. Timing may vary depending upon time of year of construction. •" Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RW~CB]) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil stabilizers (approved by SCAQMD and RW~CB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM+n emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon on the Urban Emissions Model 7G (URBEMIS7G) model estimates in Table 5.6-4 of the General Plan FEIR, Nitrogen Oxides (Nox), Reactive Organic Gases (ROG), and Fine Particulate Matter (PM~o) would exceed 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 (• i ;• i• Rev. 3/13/07 D,E,f- 77 f-. • Initial Study for SUBTP M 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 7 Less Tian S,pnd¢ant less Issues and Supporting Information Sources: Pole""any w"" Than S,Bnil¢anl M,LBauon S,vniUCanl No Impact Incorporatetl Impact Inpad Table 5.6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures shall be implemented: 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. • 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-strippirig. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. c) As noted in the General Plan FEIR (Section 5.6), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAOMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAOMD, 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 SCAOMD Rule 1401. The project site is located within 1/4 mile of a sensitive receptor. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above will reduce impact to less-than-significant levels. • e) Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. Rev. 3/13/07 D, E,F-78 Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 8 Less Then 9Bmhcant Lew Issues and Su ortin Information Sources: PP g FBtenuelly Sipru6cent w~tn Miepaepn than SiBNticent Np Ingatl Incomotatetl Impetl 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 commercial and residential uses. The site has been previously disrupted during building demolitions, construction of infrastructure and surrounding developments/annual discing for weed abatement. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) c) d) Rev. 3/13/07 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. No wetland habitat is present on site. As a result, project implementation would have no impact on these resources. 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. ~• (• ~~ D, E,F-79 ,--- • Initial Study for SU BTPM18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 9 Less Than Sipndmant Less Issues and Supporting Information Sources: Pmenliaov wan roan SipnNwm Mit,pauon SlpnlflWnl No Irtgaq Incomorzte0 Irtoan Imoan e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. 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 project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Municipal Code Section 2.24 (Historic Preservation). However the site was designated as a Point of Historic Interest in 1998, and subsequently demolished. A description of the historical significance is provided as follows: Following its construction in 1929, this Spanish Revival style filling station quickly became a focal point of local activity. Noted concrete contractor Henry Klusman built the station, in his characteristic continuous-poured concrete manner, for John "Doc" Pearson, an early Etiwanda citrus grower. Stories abound of Pearson providing shelter or giving gas away to families fleeing the Midwest Dust Bowl during the Great Depression. On cold winter evenings, local citrus farmers would gather around Pearson's radio to listen for frost warnings, making the station a natural meeting place throughout the year. Interestingly, local Highway Patrol officers often congregated at Pearson's -sometimes even stopping traffic there to "oversee" an occasional motorcycle race. Virtually unaltered, the filling station/garage stood as an important testament to the rich regional history surrounding Route 66. After removal of the front canopy to widen Foothill Boulevard, the rest of the garage was demolished to allow for development. Although there will be no significant adverse impact, it is recommended that in accordance with City policy a condition of development approval will be that the appropriate historical signage will be designed and installed in order to provide historical information to the public about the site. • 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 Rev. 3/13/07 D, E,F-80 Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 10 lass Than SipmUCant Less Issues and Su ortin Information Sources: pp g PBlent,ally S,BmOCam With Mn,pavon than S~pniUcant No Irtpect IneorpOretetl ImpaCl Irnpap 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 archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEtgA guidelines. ~• • Prepare a technical resources management report, documenting the ~• inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy ,of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. c) The General Plan FEIR (Section 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 project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or 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. i• Rev. 3/13/07 D, E,F-81 __ • Initial Study for SUBTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 11 less Than Sipndicant Less Issues and Su ortin Information Sources: PP g Potamially Sipnihpam with MaigaLOn Than Signd¢ant No Impact Incomoratetl Impart Impazt • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by building demolition, construction of infrastructure, and surrounding developments/annual discing for weed abatement. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the-County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake tault, 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 fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? () () () (/) iii) Seismic-related ground failure, including () () () (/) liquefaction? iv) Landslides? () () () (/) b) Result in substantial soil erosion or the loss of topsoil? () (/) () ( ) 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? Rev. 3/13/07 D,E,F-82 Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 12 Less Than $pnihcant Less Issues and Supporting Information Sources: sa~~ooal~~ Mit Oaupn SiB hacant No Impact Incorppra~eE Impact Irtpact 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 Zane, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-1, and Section 5.1 of the General Plan FEIR. The Red Hill Fault, passes within 2.68 miles northwest of the site, and the Cucamonga Fault Zone Iles approximately 4.2 miles north. These faults are both capable of producing M„, 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to Mw 7.5 earthquakes is ,10.2 miles northeasterly of the site and the San Andreas, capable of up to Mw 8.2 earthquakes, is 12.7 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less-than-significant. b) The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCA~MD and RWQCB) daily to reduce PM~p emissions, in accordance with SCA~MD 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 SCA~MD and RW~CB) 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 type's onsite consist of Tujunga LOAMY SAND, and Hanford Coarse SANDY LOAM, 2 to 9 percent slopes. Soil association according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. ,-- / • /• Rev. 3/13/07 D, E,F-83 Initial Study for S U BT P M 18710/D R C2007-00344/ D R C2007-00914 City of Rancho Cucamonga Page 13 Less Than Sipmhcam Less Issues and Supporting Information Sources: Pptenvally wnn Than Signd¢am Mnigatipn Signd¢am Na I~atl Incp oretetl Ingacl Impact 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 Tujunga LOAMY SAND, and Hanford Coarse SANDY LOAM, 2 to 9 percent slopes Soil association according to General Plan Exhibit V-3 and General Plan FEIR Exhibit 5.1-3. These soils are typically Qoa2 -Older alluvial fan deposits formed on granitic alluvium lowlands and valley floor. 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 a significant hazard to the public or the () () () (/) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or () () () (/) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of () () () (/) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, () () () (/) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an () () () (/) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of () () () (/) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) The project will not involve the transport, use, or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Rev. 3/13/07 D, E,F-84 Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 14 Less Than Sigmhcent Less Issues and Su ortln Information Sources: PP 9 Pe~entiany SigNhcant With MlLpation Then Spml¢ent No Intact Inco ratetl Irtpatt Inpect Federal requirements. The Clty 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 project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state. The City is in the process of developing an Emergency Operations Plan to meet State and Federal requirements. The City has approved a Local Hazard Mitigation Plan which has received State and Federal approvals. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are anticipated. c) There are no schools located within 1/4 mile of the project site. The project site is located within .26 mile of the nearest existing or proposed school. Typically, the uses proposed do not create objectionable odors. No adverse impacts are.anticipated. 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 not within 2 miles of a public airport. Project site is located approximately 4.97 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the 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 high fire hazard area according to General Plan Exhibit V-7. /~ t (• 1• Rev. 3/13/07 D, E,F-85 • • • Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 15 Less Tttan Sipnlhcam Less Issues and Sup ortin Information Sources: FDIenOany wnn Than p g Spnilmenl Miepauan SigmLCent ND ,nDatl nCO Dated act m eCI 8. HYDROLOGY AND WATER DUALITY. Would the project: a) Violate any water quality standards or waste discharge () () (/) ( ) requirements? b) Substantially deplete groundwater supplies or interfere () () () (/) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the () () () (/) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surtace runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed () () () (/) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? () () () (/) g) Place housirig 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 map? 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 dam? j) Inundation by seiche, tsunami, or mudflow? () () () (/) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to the existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWOCB), Santa Ana Region, administers these permits. Rev. 3/13/07 D, E,F-86 Initial Study for S U BTPM 18710/D RC2007-00344/D RC2007-00914 City of Rancho Cucamonga Page 16 Less Tnan $ipniLCam Less Issues and Su ortin Information Sources: PP g Pmanvanv sipmlmant wan Miapaoon Tnan s,poWCent 90 IfMeq Incarparaletl ImeaCl Irryatl 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 project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare a Storm Water Pollution Prevention Plan (SW PPP). To comply with the NPDES, the project's construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SW PPP) during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by Coory Engineering, dated August 23, 2007 that identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoft from driveways, roads and other impermeable surtaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures would be required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce, pollutants during construction activities entering the storm drain system to the maximum extent practical. ~• ~• 2) An erosion control plan shall be prepared, included in grading plan, and implemented for the proposed project that identifies specific measures to r• 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 Rev. 3/13/07 D,E,F-87 Initial Study for SUBTPM 18710/DRC2007-00344/D RC2007-00914 -- • City of Rancho Cucamonga Page 17 Less Tnan Sigmhcan~ Less Issues and Supporting Information Sources: Ppra"navy w"" Than SigmhcaN Mitigation SigniLCam No Impact I°Wryoraletl Impact Impaq grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be pertormed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Coory Engineering, dated August 23, 2007 to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing •' the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. b) According to CVWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins. CVWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwater supplies, nor will it intertere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will 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 well 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 the 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. Rev. 3/13/07 D,E,F-88 Initial Study for SUBTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 18 Less Than Signlhcent Less Issues and Su ortin Information Sources: PP 9 Potenualir Sipnrticant Wlth Mitigation Than SipniUCant No Impact IncomorateG Im an I act 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 the 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 surtace water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to the 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. 9) h) Rev. 3/13/07 ~• i Grading activities, associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surtace water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. The following ~'. mitigation measures shall be implemented: 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a 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. No housing units are proposed with this project. No adverse impacts are expected. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing ~~ system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan D,E,F-89 I \I J Initial Study for S U BT P M 18710/D R C 2007-00344/ D R C2 007-00914 City of Rancho Cucamonga Page 19 Less Than Signtl¢ant Less Issues and Supportin Information Sources: Ppfannauy whh man g Sigmacent Miepafion Signh¢em No Im ed Incorporaretl Impact Im act Exhibit V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. j) There are no oceans, lakes or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. • 9. LAND USE AND PLANNING. Would the pro/ect: a) Physically divide an established community? () () () (/) b) Conflict with any applicable land use plan, policy, or () () () (/) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan () () () (/) or natural community conservation plan? Comments: a) The site is located on the northeast corner of Foothill Boulevard and Etiwanda Avenue and is characterized on the north by developed apartments and one single-family residence; to the east is a condominium development that is under construction; to the south, across Foothill Boulevard, is a vacant but approved commercial retail center; to the west is Etiwanda Avenue and vacant Commercial zoned property. This protect will be of similar design and size to surrounding commercial and residential development' in the area. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Community Commercial. 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 project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. • Rev. 3/13/07 D,E,F-90 Initial Study for SU BTPM18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 20 Less Than Sipnil¢ant Less Issues and Su ortin Information Sources: PP 9 ap~ent~auy SipnAicent wpm MiopeLOn Tnan Signihcam No Impact Inco oratetl Im as I act 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 fhe project result in: a) Exposure of persons to or generation of noise levels in () (/) () ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive () () () (/) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise ~() () () (/) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in () (/) () ( ) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, () () () (/) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, () () () (/) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. A noise analysis was prepared by Davy and Associates, Inc. dated December, 2007, which indicated only the exterior patio on the eastern most building on Foothill Boulevard would be affected. In order to attenuate for any potential impacts to noise, the applicant will be required to provide the following: ~• (• i• Rev. 3/13/07 D, E,F-91 • Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 21 Less Tnan SigniLcam Less Issues and Supportin Information Sources: 'ore""al'Y w"" Tha^ g Signd¢ant Mmga~ion SiBniUCant No Impact IncorporateC Imaed Imoed 1) A minimum 5-foot high glass or Plexiglas wall on the west, south, and east sides of the patio for the eastern most commercial building on Foothill Boulevard would provide adequate mitigation. 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: 2) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. • 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to pertorm weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in the first phase where it is not existing and when adjacent to residential use. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measure shall then be required: 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. • e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. Located approximately 4.97 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. Rev. 3/13/07 D,E,F-92 Initial Study for S U BT P M 18710/ D R C2007-00344/D R C2007-00914 City of Rancho Cucamonga Page 22 Less Than $ipmhcant Less Issues and Su ortin Information Sources: PP 9 Fotenaally $ipnil¢ant wnh Mitipatipn Tnan $ipnnlcam No ' Impart InCp pratetl mpa[i Impact f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. Nc impact is anticipated. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either () () () (/) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, () () () (/) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating () () () (/) the construction of replacement housing elsewhere? Comments: ~• a) The project is located in a predominantly developed area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding ~• communities. No impacts are anticipated. b) The project site contains no existing housing units. No adverse impact expected. c) The project site is vacant land. No impacts are anticipated. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? () () () (/) b) Police protection? () () () (/) c) Schools? () () () (/) d) Parks? () () () (/) e) Other public facilities? () () () (/) Comments: a) The site, located on the northeast corner of Foothill Boulevard and Etiwanda Avenue, would be served by a fire station located approximately 1.92 mile from the project site. The project will not require the construction of any new facilities or alteration of any ;• existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Rev. 3/13/07 D, E,F-93 Initial Study for SUBTPM 18710/DRC2007-00344/DRC2007-00914 ,-- • City of Rancho Cucamonga Page 23 Less Tftan SiBmbcent Less Issues and Supporting Information Sources: Ppfanbany Sipnihcent won Mnipation Than SiBnil¢ant No Im ecf Inco aratetl Impact Im ect Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The site fs in a developed area currently served by the Etiwanda School District and the Chaffey Joint Union High School District. The project will be required to pay school fees as prescribed by State law prior to the issuance of 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 .46 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. • e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected demand.. The General Plan FEIR identified the cumulative impact do library services as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City built a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. 14. RECREATION. Would the project a) Increase the use of existing neighborhood and () () () (/) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the 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 .46 miles from the project site. This project is_not proposing any • new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. Rev. 3/13/07 D, E,F-94 Initial Study for SU BTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 24 Less Than $ipmhcenl Less Issues and Su ortin Information Sources: PP g Fptam,any S,pnilment w,tn Mihpeuon Tnan Sipmhcant No Im act Inver orated I act Imnact b) See a) response above. 15. TRANSPORTATIONfTRAFFIC. Would fhe project: a) Cause an increase in traffic, which is substantial in () () () (/) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of () () () (/) service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including () () () (/) either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards 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 3,340 vehicle trips daily. The proposed project includes the development of 63,200 square feet of Community Commercial uses. The Rancho Cucamonga Traffic Model estimates that each 1,OOOsquare feet will generate 52.85 trips daily. As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project 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. ~• i• b) The Rancho Cucamonga Traffic Model estimates that each 1,000 will generate 4.28 two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate ~• fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the Rev. 3/13/07 D, E,F-95 • Initial Study for SUBTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 25 Les Tnan n $iB ilicenl Less Issues and Supporting Information Sources: Fplanlially wnn Tnan $iBntl¢ant MingaOOn $iBnlhcant No Impact IncomomleE Impact Impart 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 4.97 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 project will be designed to provide access for all emergency vehicles and will therefore not create an inadequate emergency access. No impacts are anticipated. f) - The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not create an inadequate parking capacity. No impacts are anticipated. g) The project design includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). • 16. UTILITIES AND SERVICE SYSTEMS. Would the 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 () () () (/) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment () () () (/) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Rev. 3/13/07 D, E,F-96 Initial Study for SUBTPM 18710/DRC2007-00344/D RC2007-00914 City of Rancho Cucamonga Page 26 Less Than Signha:ant Lass Issues and Su ortin Information Sources: PP 9 Po,anhanr Sipnihcent W¢h M,hpaLOn Than Sipnihcant No I en Incofporetetl Impen Irtgan 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 CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project 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 CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within 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 CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. e) The proposed project is served by the CVW D sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 .located within City of Ontario, neither of which are at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. /• (• ~• Rev. 3/13/07 D, E,F-97 Initial Study for SUBTPM 18710/DRC2007-00344/DRC2007-00914 • • City of Rancho Cucamonga Page 27 Less Than Signif¢ant lass Issues and Su ortin Information Sources: Finamially wan Tnan pp g Spni6cam Mivgaaon Signlhcent Np Impact Incorporated Irtpad Impact 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the protect have the potential to degrade the () () () (/) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the .project have impacts that are individually () () () (/) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will () () () (/) cause substantial adverse effects on human beings, either directly or indirectly? Comments• a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere of Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) Development of the site 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 Rev. 3/13/07 D, E,F-98 Initial Study for SUBTPM 18710/DRC2007-00344/DRC2007-00914 City of Rancho Cucamonga Page 28 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, 1969) (T) Foothill Boulevard Specific Plan EIR (SCH #87021615, certified September 16, 1987) (T) Etiwanda Specific Plan EIR (SCH #82061601, certified July 6, 1983) (T) WOMP by Coory Engineering August 23, 2007 (T) A noise analysis was prepared by Davy and Associates, Inc. dated December, 2007 i• (~ • Rev. 3/13/07 D, E,F-99 Initial Study for City of Rancho Cucamonga SUBTPM18710/DRC2007-00344/DRC2007-00914 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 proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. Applicant's Signature: ~ Date: ~/~U~V~ Print Name and Title: ~~ ~• ~~GL~CJt_~ r ~~~~/IJ/~aN l . •/ u Rev. 3/13/07 D, E,F-100 i_r ~tl:~'+r !'~:^E =31 G5435~JLa 14'A~'/ E ^~SSDC7w IEP. PAGE p; (-~%~ V7/ •' '• ~Cnrs.rullanrs in Acausrics • ?6?7l.}anlm:ma &walr llJrd., Suur ::: Rldorda Rwch, Gl wJ: 7F~1G6f Ii1~310-6.715161 Fax: 3f0-GJ3-53!7 &rtnll:Dm~Arsoc4naofrom ,1r~zoo7.1 z2 ACOUSTICAL Af~fALYSIS Foothill Boulevard and Etiwanda Avenue Rancho Cucamonga, California • FOR Zhongkun Grouplnc. Monrovia, California December, 2007 • D,E,F-101 1.0 Introduction Fa~GE 6a , At the direction of Zhongkun Group Inc., Davy 8 Associates, !nc_ has completed an acoustical analysis of a proposed exterior patio on the site at Foothill Blvd and Etiwanda Avenue in Rancho Cucamonga, California. Section 2,0 of this report contains the results o! measurements of the exterior noise environment a! the site. Section 3.0 discusses exterior noise Impacts of the exterior patio. 2.0 Exterior Acoustical Environment Ern+ironmental noise levels ware monitored due to tratiic on Footttiil Blvd at the same distance from the center line as the patio. Noise levels were also measured due to traffic on the 15 Freeway at the same distance as the patio. Envirorunental noise levels were measured with a precision integrating LD 620 sound level meter that had boon calibrated with a B&K 4230 Acoustical Calibrator immediately prior to use. The sound level meter measures and displays the equivalent noise level (LEO}, as well as the maximum and the minimum noise levels during the measurement period. The LEO is the average noise level during the measurement interval. The results o1 the monitoring and calculations are summarized below in Table 1 Table t Measured Ambient Noise Levels In d8 Footfifll RTtS Total Time ~ LEQ L~Q 2:00 p.m. - 3:00 p.m. 67.2 d6 63.6 d6 68.& dB ~• +• 1 ,• D, E,F-102 ~_i ur.i::u_~r ix_d i'1064 ~53Ea - Cu9'~.+1~ & A550C7~TFG P4Gc p5 Section 3.0 ExteYlor Patio Nofse Impacts The City of Rancho Cucamonga requires thal noise levels at the eaherior patio do not excoed 65 dBA. Noise levels summarized in Tahle 1 indicate that She exterior patio will be exposed to an LEQ 68.8 d6. If the patio is enckosed with a 5 foot high glass nr plexiglass wa0 on the south,easl and vJest sides, noise levels from Foothill Blvd and the 15 Freeway will be attenuated by a minimum ai 5 dB. This means that the pato wHl k~e exposed to a noise level of LEC] 63.8 d13. Therefore, with n 5 toot high glass or plexiglass wall on the south, east and west sides of the exterior patio, noise levels on the patio wiA cuinply with the requirements of the City of Rancho Cucamonga. / ~~/~_. U Bruce A. pavy, P.E. Davy & Associates, Inc. LN.C.E. Board Certlfiad • D,E,F-103 Attachment A WQMP Template • '~`~J:6.Oii u`tii ~...~~~. STOfIMWATQP PNOGflAM eip°'°'°° San ~ernardin® C®unty .~`. _- ~~,: St®rmwa#er Pr® ram _~ ~, g ~:s_~~, V1/ATE LI1"Y T L FOOTHILL GARDEN PRERARED BY: ®®nn ~n e®un COORY ENGINEERING 12631 E. IMPERIAL HWY., BLDG. F, SUITE 124 SANTA FE SPRINGS, CA 90670 TEL: (562) 868-8266 FAX: (562) 868-0721 skhoury@cooryengineering.com /, ~,« I Na. 30567 CONTACT PERSON: SAMIR M. KHOURY ~\ ~ }~~ ~Q SAMIR M. KHOURY RCE 30567 DATE A-1 D,E,F-104 Attachment A ~_.. WQMP Template WATER QUALITY MANAGEMENT PLAN (WQMP) For compliance ~:-ith Santa Ana Regional Water Quality Control Board Order Number R8-2002-0012 (NPDES Permit No. CAS618036) for NORTHEAST CORNER OF FOOTHILL BOULEVARD AT ETIWANDA BLVD. City of Rancho Cucamonga PROJECT 612-101 Prepared for ZHONGUN GROUP, INC. WQMP Preparation Date April 25, 2007 Updated: August 23, 2007 • A-2 D,E,F-105 Attachment A WQMP Template WATER QUALITY MANAGEMENT PLAN (WQMP) (~ PROJECT SITE INFORMATION Name of Project: ZIIONGKUN GROUP, INC. ®EVELOPMENT Project Location: N.E. Corner of Foothill Blvd. & Etiwanda St. Rancho Cucamonga, CA. Size of Signifcant Re-Development on an Already Developed Site (in feet2): NA Size of New Development (in feet2): 238,883 square feet (5.484 acres) Number of Home Subdivisions: NA SIC Codes: 6512 Erosive Site Conditions?: No Natural Slope More Than 25%?: No ;• t~ A-3 D, E,F-106 Attachment A WQMP Template ~~ • WATER QUALITY MANAGEMENT PLAN (WQMP) Check the appropriate project category below: • • Check below Project Categories 1. All significant re-development projects. Significant re-development is defined as the addition or creation of 5,000 or more square feet of impervious surtace on an already developed site. This includes, but is not limited to, additional buildings and/or structures, extension of existing footprint of a building, construction of parking lots, etc. Where redevelopment results in an increase of less than fifty percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMPs, the design standards apply only to the addition, and not the entire development. When the redevelopment results in an increase of more than fifty percent of the impervious surfaces, then a WQMP is re uired for the entire develo ment new and existin 2. Home subdivisions of 10 units or more. This includes single family residences, multi-family residence, condominiums, apartments, etc. 3. Industrial/commercial developments of 100,OOD square feet or more. Commercial developments include non-residential developments such as hospitals, educational institutions, recreational facilities, mini-malls, hotels, office buildin s, warehouses, and li hl industrial facilities. 4. Automotive repair shops (with SIC codes 5013, 5014, 5541, 7532- 7534, 7536-7539 . 5. Restaurants where the land area of development is 5,000 square feet or more. 6. Hillside developments of 10,000 square feet or more which are located on areas with known erosive soil conditions or where the natural slope is twenty-five percent or more. 7. Developments of 2,500 square feet of impervious surtace or more adjacent to (within 200 feet] or discharging directly into environmentally sensitive areas such as areas designated in the Ocean Plan as areas of special biological significance or waterbodies listed on the CWA Section 303(d) list of im aired waters. 8. Parking lots of 5,000 square feet or more exposed to storm water. Parking lot is defned as land area or facility for the temporary storage of molar vehicles. The project does not fall into any of the categories described above. (If the project requires a precise plan of development [e.g. all commercial or industrial projects, residential projects of less than 10 dwelling units, and all other land development projects with potential for significant adverse water quality im acts or subdivision of land, it is defined as a Non-Cate or Project. A-4 D, E, F-107 Attachment A WIMP Template Section 1 Introduction And Project Description 1.1 Project Information • ZHONGKUN GROUP, INC. DEVELOPMENT • 222 E. Huntington Drive., Suite 213. Monrovia, CA 91016 • (626)303-3858 • NE Corner of Foothill Blvd & Etiwanda St. Rancho Cucamonga, CA 1.2 Permits • A.P.N. Number (1100-161-02 & 1100-161-03) • NOI has been filed; WDID not available at this time. 1.3 Project Description • Four commercial structures, totaling approximately 72,600 square feet of floor area on a 244,616 square feet (5.62 acres) parcel, together with parking and landscaping. • Property owner Association will be formed. • See attached site plan identifying storm drain facilities and structures, structural BMPs, stormwater flow (drainage), and the receiving water. • 1.4 Site Description (• • Describe and identify the watershed(s) that the project lies within. • Include any pre-existing water quality problems that have been identified. Section 2 Pollutants of concern and hydrologic conditions of concern 2.1 Pollutants of Concern (NOT REQUIRED FOR NON-CATEGORY PROJECTS) Per Table 2-1 in the WQMP Guidance: • Expected pollutants: Trash and Debris; Oil and Grease. Potential pollutants: Heavy Metals; Nutrients; Pesticides; Organic Compounds; Sediments; Oxygen Demanding Substances; Bacteria/Virus • List any other pollutants of concern from the project site not listed in Tables 2-1 and B-1. NIA • Identify pollutants of concern in the receiving waters as follows: 1. For each of the proposed project discharge points, identify the proximate receiving water for each point of discharge and all downstream receiving waters: A-5 ;• D, E,F-108 Attachment A ,r-. , WQMP Template • Project flows to East Etiwanda Creek thence to Reach 3 of the Santa Ana River. 2. Identify each proximate and downstream receiving water identified above that is listed on the most recent list of Clean Water Act Section 303(d) (CWA 303(d) list) impaired water bodies (Attachment B, Table B-1 ): NONE List any and all pollutants for which the receiving waters are impaired: BACTERIA INDICATORS /PATHOGENS . 3. Compare the list of pollutants for which the receiving waters are impaired with the pollutants expected to be generated by the project (and listed above). See Table Below 4. List all pollutants that are expected or potential from the project site, and for which the receiving waters are impaired: BacteriaNirus. 5. Summarize identified pollutants of concern by checking the applicable boxes in the following table. (For identified pollutants of concern that are causing an impairment.in receiving waters, the project WQMP shall incorporate one or more Treatment Control BMPs of medium or high effectiveness in reducing those pollutants.) • • Po!lufant of Concern Summary Tabfe Pollutant Type c Expected Potential Listed for Receiving Water BacterlaNirus X X Heavy Metals ~ X Nutrients x Pesticides X Organic Compounds X Sediments X Trash 8 Debris X Ozygen Demanding Substances X Oil & Grease x Other-specify pollutantts): NA NA A-6 D, E,F-109 Attachment A WOMP Template 2.2 HYDROLOGIC CONDITIONS OF CONCERN (NOT REQUIRED FOR NON- ~• CATEGORY PROJECTS) All Category projects must identify any hydrologic condition of concern (HCOC) that will be caused by the project, and implement Site Design, Source Control, and/or Treatment Control BMPs to address identified impacts. Project proponents must follow the procedure for identifying HCOCs specified in Section 2.3 of the Model WOMP. Use the following Table and instructions as a guide. 1. (from Section 2.3, Part 2): Yes No Determine if the project will create a Hydrologic Condition of Concern. Check "yes" or "no" as applicable and proceed to the appropriate section as outlined below. A. All downstream conveyance channels, that will receive runoff from the project, are engineered, hardened (concrete, riprap or other), and regularly maintained to X ensure design flow capacity, and no sensitive stream habitat areas will be affected. Engineered, hardened, and maintained channels include channel reaches that ve been fully and properly approved (including CEQA review, and permitting by ' SACOE, RWOCB and California Dept. of Fish 8 Game) by June 1, 2004 for nstruclion and hardening to achieve design capacity, whether wnstruction of the channels is complete. Discharge from the project will be in full compliance with Agency requirements far connections and discharges to the MS4, including both ccW~uality and quantity requirements, and the project will be permitted by the Agency ' fbr the connection or discharge to the MS4. 0 Ei. Project runoff rates, volumes, velocities, and flow duration for the post- X q('velopment condition will not exceed those of the pre-development condition for 1-year, 2-year and 5-year frequency storm events. This condition will be P b t ti ith h t d d l i d li s an w U s a e y ro og c mo e ng methods that are acceptable to the Agency, tb the U.S. Army Corps of Engineers (USACOE), and to local watershed authorities. C. ~~n the conditions in part A or B above be demonstrated for the project? X • Ifdhe answer for A, B, and/or C above is yes, then the project does not create a HCOC-in this rise go to Section 3. • If the answer for C above is no, then go to section 2.3. Part 3, below. t The projects' drainage characteristics, County of San Bernardino HCOC policy requires the project engineer to use the following guidelines: a. The Design Storms to Ue considered include, as a minimum, the 5-year, 2 year, and 1-year rehim frequency storms, using t11e methods contained in the San Bernardino Cotulty Hydrology Manual (1986). A-7 i• i• D.E.F-110 Attachment A WQMP Template • Project sites from 0-10 acres in size should use the Small Area Runoff Hydrograph method, found in Section J of the San Bernardino County Hydrology Manual (1986); sites greater than 10 acres should use the Unit I-Iydrograph Method, found in Section E of the San Bernardino County Hydrology Manual (1986). For eadl rehtrn frequency considered, and for both pre- and post-development conditions, determine the total nuioff volume, the peak flow rate, and the time of duration, of nmoff hydrograph flow rates that exceed the following flow rates: 90% of peak flow rate, 80% of peak flov\~ rate, 70% of peak flow rate, 60% of peak flow rate, 50% of peak flow rate, 40% of peak flow rate, 30% of peak flow rate, 20% of peak flow rate, and 10% of peak flow rate (see Table B2-2, "Pre- and Post-development Hydrology Comparison Worksheet.") b. Sediment supply is to be estimated Eor pre-and post-development condiions for the land altered by the subject project Cuing Table 2-3, "Pre- and Post- development Hydrology Comparison Worksheet" or equivalent. The Universal Soil Loss Equation published by the USDA-Nahual Resources Conservation Service may be considered as an estimate of changes in sediment yield due to development, if applicable. Flow velocities are to be estimated for the several rehirn frequency design storms noted above, as a minimtun, wiH~ flow velocities estimated for each percentage of the peak flow rate value listed above. Normal depth hydraulic estimates maybe used unless significant backwater effects exist such that deposition of sediment is anticipated, in which case a standard backwater analysis is to be conducted. c. Based upon the preceding task results, the project engineer shall evaluate the Project and its impact downstream and recommend other design storm rehtrn frequencies to be considered in order to satisfy the goals and intent of the I-1000 document. A-6 D,E,F-111 ¢v ~~ ~ n E ~ v F- `_°a ¢d 3 h Y 0 i 0 N a 0 V >, bA O 0 h G O i b L C n. V C CC ~.. N_ N d F C a ~ y a a A c ~ v G N 0 .~ D u v .. ~ O. C F o _ LL R U G o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ G~ dJ IC J ~ 7 r1 N .-. O~ oo t~ ~ ~ 7 M N .•• ~ W h V vt V r'1 N - O N Z 0+ L G d .. C c 7 :. O ' C E O L F = L' O R R CJ _ ~ i V d . i T i a G rv ~ rn Q l~ I• • D,E,F-112 • • LJ Attachment A WQMP Template 2. (from Section 2.3, Part 3~: The WOMP for projects that create a HCOC must include an evaluation of whether the project will adversely impact downstream erosion, sedimentation or stream habitat. The Agency may require that the evaluation be conducted by a registered civil engineer in the State of California, with experience in fluvial geomorphology. Perform the required,evalualion asspecified in A - F below. Check the boxes "yes" or "no" to verify a complete report and proceed to a ropriate section based on results. Does the evaluation include: Yes No A. An evaluation of potential impacts to all downstream channel reaches. B. Consideration of the hydrology of the entire watershed. Review all applicable drainage area master plans to the extent available, to identify BMP requirements for new development that address cumulative inputs from development in the watershed. C. Consultation wl[h all applicable agencies including the USACOE; local watershed authorities (e.g. San Timoteo Watershed Management Authority and SAW PA (Santa Ana Watershed Project Authority]); U.S. Geological Survey (USGS); California Dept. of Fish 8 Game (CDFG); and the San Bernardino County Flood Control District; to determine any areas of potential hydrologic impact. D. An evaluation of any available hydrologic modeling results. Modeling may have been performed by USGS, USACOE, local watershed authorities, the-San Bernardino County Flood Control District, or other local jurisdiction. E. A feld reconnaissance to evaluate any natural or partially natural downstream reaches, or other sensitive habitat The fold reconnaissance must evaluate representative downstream conditions, including undercutting erosion, slope/bank stability, vegetative stress (due to Flooding, erosion, water quality degradation, or loss of water supplies), and the area's susceptibility to adverse impacts resulting from an altered Flow regime or change in sediment supply andlor sediment transport . " F. A report that summarizes the fndings of evaluation components A through E above, and that considers the project's location, topography, soil and vegetation conditions, proportion of impervious surfaces, natural and infrastructure drainage features, and any other relevant hydrelogic and environmental factors to be protected specifc to the project's watershed. The report must provide a determination of whether the project will adversely impact any downstream erosion, sedimentation or stream habitat, and identify any areas where adverse impacts are expected. • Is the report required by 2.3, Part 3.f complete? (Attach the report) If not, perform the required evaluation and add to the report. • Does the report determine that the project will have an adverse downstream impact? • If yes, then go to Section 2.3, Part 4, below. If no, then o to Section 3. A-10 D, E,F-173 Attachment A WQMP Template 3. (from Section 2.3, Part 4): If the evaluation specired in (3) above, determines YES NO that adverse impacts to downstream erosion, sedimentation or stream habitat will occur, then the project proponent must perform the requirements specified in A, B, and C, below. Check the boxes "yes' or "no" to verify all requirements have been completed. A. Conduct hydrologic modeling of the project and the potentially impacted areas, according to modeling standards recommended by the Agency or local watershed authority, for the i-year, 2-year, and 5-year frequency storm events, al a minimum. Hydrologic modeling results must include determination of peak flow rate, flow velocity, runoff volume, time of concentration, and retention volume for the project area. B. Ensure that the project will be consistent with any approved master plans of drainage or analogous plans or programs. C. Implement Site Design BMPs as specified in Section 2.5.1, and recommend any additional BMPs that will be implemented to mitigate the adverse impacts itlenlifed In (3.F) above. • Are the requirements for Section 2.3 Part 4 adequate? (Attach report/results) • Has the project proponent recommended BMPs to mitigate any impacts based on the modeling? • If yes, then list/describe BMPs: • If no, then explain how mitigation will be achieved: • Will the BMPs be effective? • Does the Agency have any additional requirements? • Verify with Agency before submitting the project WoMP. 2.3 WATERSHED IMPACT OF PROJECT The Project consists of four commercial structures, totaling approximately 72,600 square feet of floor area on a 244,616 square feet (5.62 acres) parcel, together with parking and landscaping. Except for new parking at the southeast corner of Eureka Street and Stuart Street, new project runoff rates, volumes, velocities, and flow duration will not exceed those of the existing development for 1-year, 2-year and 5-year frequency storm events. New Landscaped areas and the use of porous asphalt pavement for the new parking area will maintain the existing runoff coefficient for the new construction. All new and existing catch basins will be provided with Flo-Gard + Plus catch basin inserts to capture water-borne pollutants such as vegetation, litter, coarse sediments, debris, trash, oils and greases and other pollutants and contaminants from low (first flush) flows. The treated drainage then drains to adjacent street gutters and ultimately to existing storm drain system serving the area, which drain to East Etiwanda Creek, and ultimately to Fteach 3 of the Santa Ana River A-]1 • ~• I • D, E,F-114 Attachment A WQMP Template • SECTION 3 BEST MANAGEMENT PRACTICE SELECTION PROCESS 3.1 SITE DESIGN BMPS For listed Siie Design BMPS, indicate in the following table whether it will be used (yes/no) and describe how used, or, if not used, provide justification/alternative. Provide detailed descriptions of planned Site Design BMPS, if applicable. • • 1. Minimize Stormwater Runoff, Minimize Project's Impervious Footprint, and Conserve Natural Areas Maximize the permeable area. This can be achieved in various ways, including but not limited to, increasing building density (number of stories above or below ground) and developing land use regulations seeking to limit impervious surfaces. Yes X No Describe actions taken or justificationlalternative: Use of landscaped areas adjacent to parking areas and structures. New parking areas will Incorporate permeable asphalt pavement to minimlze coefficient of runoff, or an underground chamber storage system will be installed to divert flows to substrata. Runoff from developed areas may be reduced by using allematrve materials or surfaces with a lower Coefficient of Runoff, or "C-Factot'. Yes X No Describe actions taken orjusiificationlallernative: New parking areas will incorporate permeable asphalt pavement to minimlze coefficient of runoff, or an underground chamber storage system will be Installed to divert flows to substrata to minimize runoff. Conserve natural areas. This can be achieved by concentrating or clustering development on the least environmentally sensitive ponions of a she while leaving the remaining land in a natural, undisturbed condition. Yes No X Describe actions taken or justificationlalternative: Natural areas do not exist within site boundaries Construct walkways, trails, patios, overflow parking lots, alleys, driveways, low-traffic streets, and other low Traffic areas with open-jointed paving materials or permeable surfaces, such as pervious concrete, porous asphalt, unit pavers, and granular materials. Yes X No Describe actions taken or justification/alternative: Use of landscaped areas adjacent to parking areas and structures. New parking areas will Incorporate permeable asphalt pavement to minimlze coefficient of runoff, or an underground chamber storage s stem will be installed to divert flows to substrata. A-13 D, E,F-115 Aftachmant A WQMP Template Construct streets, sidewalks, and parking lot aisles to the minimum widths necessary, provided that public safety and a pedestrian friendly environment are not compromised'. Incorporate landscaped buffer areas between sidewalks and streets. Yes X No Describe actions taken or justification/alternative: Sidewalks and parking iot aisles are constructed to the minimum widths necessary; landscaped buffer areas are incorporated between sidewalks and streets. Reduce widths of street where off-sheet parking is availableZ. Yes No X Describe actions taken orjuslifcation/alternative: Streets are constructed to the minimum widths permitted by planning ordinance and fire department requirements. Maximize canopy interception and water conservation by preserving existing native trees and shruhs, and planting additional native or drought tolerant trees and large shrubs. Yes X Na Describe actions taken orjustification/alternative: Property is barren. New native or drought tolerant trees and large shruhs will be planted per landscape plans. ' Sidewalk witllhs must still comply with Americans with Disabilities Act regulations and other life safety requiremenLS. ' However, street widths must still comply with life safety requirements for ire and emergency vehicle access. A-13 ~~ ~• D, E,F-116 J • • Attachment A WQMP Template Other comparable site design options that are equally effective. Describe actions taken orjustification/alternative: NA Minimize the use of impervious surfaces, such as decorative concrete, in the landscape design. 1'es X No Describe actions taken orjustificatiot-Jal[emative: The use of impervious surfaces, such as decorative concrete, was minimized in the landscape design. Use nahtral drainage systems. Yes No X Describe actions taken orjustification/alternative: All new and existing catch basins will be provided with Flo-Gard + Plus catch basin inserts to capture water- borne pollutants such as vegetation, litter, coarse sediments, debris, trash, oils and greases and other pollutants and contaminants from low (first flush) flows. The treated drainage then drains to adjacent street gutters and ultimately to existing storm drain system serving the area, which drain to Etiwanda Creek, then to Reach 3 of the Santa Ana River. Where soils conditions are suitable, use perforated pipe or gravel filtration pits For ]ow Flow infiltration'. ' 1'cs No X Describe actions taken orjustificatiot~/alternative: All new and existing catch basins will be provided with Flo-Gard + Plus catch basin inserts to capture water- borne pollutants such as vegetation, litter, coarse sediments, debris, trash, oils and greases and other pollutants and contaminants from low (first flush) flows. Construct onsite ponding areas, rain gardens, or retention facilities to increase opportunities for infiltration, while being cognizant of the need to prevent the development of vector breedin areas. Ycs No X Describe actions taken orjustification/allemative: Infiltration proposals shall be introduced to the City through plan check to satisfaction. 'However, protects must still comply with hillside grading ordinances Ihat limit or restrict infiltration of runoff. Infiltration areas may be subject to regulation as Class V injection wells antl may require a report to the UScPA. Consult the Agency for more mlortnation on use of this type of facility. A-14 D,E,F-117 Attachment A WQMP Template 2. Minimize Directly Connected Impervious Areas Where landscaping is proposed, drain rooftops into adjacent landscaping prior to discharging to the storm drain. Yes X No Describe actions taken or justification/alternative: Roof tops are drained into adjacent landscaping prior to d(seharging to the storm drain. Where landscaping is proposed, drain impervious sidewalks, walkways, trails, and patios into adjacent landsca in . Yes X No Describe actions taken orjustification/alternative: Impervious sidewalks, walkways, trails, and patios are drained via swales Into adjacent landscaping, which ultimately drain to catch basins that discharge Into the existing storm drain s stem via the street curb and gutters tam. Increase the use of ve etated drains a swales in lieu of under round i in or im erviousl lined swales. Yes X No Describe actions taken or justifcationlalternative: Where possible, vegetated drainage swales were used in Ifeu of underground piping or Imperviously lined swales. Usa one or more of the foliowin Yes No Design Feature X Rural Swale system: street sheet flows to vegetated Swale or gravel shoulder, curbs at street corners, culverts under driveways and street crossings Urban curb/Swale system; street slopes to curb; periodic Swale inlets drain to vegetated X Swale/bioflter. Dual drainage system: First flush captured in street catch basins and discharged to X adjacent vegetated Swale or gravel shoulder, high flows connect directly to municipal storm drains stems. '~ X Other comparable design concepts that are equally eNeclive. Describe actions taken or juslificalionlallemalive: Site runoff drains via concrete gutters and vegetated swales to new and existing Catch Basins. Fossil Filters (Flo-gard) will be provided at all catch basins. The treated drainage then drains to adjacent street gutters and ultimately to existing storm drain system serving the area. Use one or more of the following features for design of driveways and private residential parking areas: Yes No Design Feature Design driveways with shared access, flared (single lane at street) or wheel strips (paving only under tires); or, drain into landscaping X A-IS ~• ~_ ~• D, E,F-118 • • • Attachment A WQMP Template prior to discharging to the municipal storm drain system. Uncovered temporary or guest parking on private residential lots may be paved with a permeable surface; or designed to drain into X landscaping prior to discharging to the municipal storm drain system. X Other comparable design concepts that are equally effective. Describe actions taken or justificationlalternative: Parking areas drain via swale systems to Catch Basins, which are provided with Flo-gard Fossil Filter devices. Use one or more of the foliowin desi n conce is for the desi n of arkin areas: Yes No Design Feature , x Where landscaping is proposed in parking areas, incorporate landscape areas into the drainage design. X Overflow parking (parking stalls provided in excess of the Agency's minimum parking requirements) may be constructed with permeable paving. X Other comparable design concepts that are equally effective. Describe actions taken or juslirication/alternalive: Landscape areas are Incorporated into the drainage deslgn. A-16 D, E,F-119 Attachment A WQMP Template 3.2 SOURCE CONTROL BMPS (~• The following Source Control BMPs will be implemented for the Project: 1. EDUCATION OF PROPERTY OWNERS: Property owners will be trained in the maintenance of project BMP's develop, and in addition develop a training program to assure that all employees are properly trained in BMP implementation, general Good Housekeeping Practices, protection of BMP's and Spill Contingency Plans. 2. ACTIVITY RESTRICTIONS: As applicable, the performance of certain activities, such as 'pesticide application, will be restricted to dry weather or postponed until after the rainy season. 3. SPILL CONTINGENCY PLAN: Controls for common activities shall be established and preparations made and necessary materials made available to allow for quick response and control of accidents or spills. Contingency plans shall be in place for sampling of contaminated storm water, including the availability of sample bottles, test strips, 4. EMPLOYEE TRAINING /EDUCATION PROGRAM All employees will be trained to adhere to Good Housekeeping Practices and be familiar with their role during Accidents and Spills. All activities will be performed in a manner that will keep potential pollutants from coming into contact with storm water or being transported off-site to eliminate or avoid exposure. Project site will be routinely inspected for rubbish collection. Product containers will be kept in good condition and securely closed when not in use, and stored so that they will not come in contact with rainfall and storm water. All containers and products will be used and disposed in accordance with label instructions, material safety data sheets and applicable federal, stale and local laws and regulations. 5. STREET SWEEPING PRIVATE STREET AND PARKING LOTS: Private streets and parking areas will be swept at least once per month and as required where spills occur. /• 6. COMMON AREAS CATCH BASINS: Will be routinely inspected to insure that they are ` trash-free. 7. LANDSCAPE PLANNING (SD-10): Site landscaping has been designed to minimize impervious areas and to maximize canopy interception and water conservation. 8. ROOF RUNOFF CONTROLS (SD-11); Where possible, rooftops drain into adjacent landscaping prior to discharging into the storm water conveyance system. 9. EFFICIENT IRRIGATION (SD-12): Where practicable, low-volume watering methods will be used to minimize excess flows. Rain shutoff devices will be employed to prevent irrigation during and after precipitation. 10. PROJECT SLOPES AND CHANNELS: Will be routinely inspected to prevent erosion; Swales will be inspected regularly to insure the integrity of the system 11. STORM DRAIN SIGNAGE (SD-13); Concrete stamping or equivalent will be provided at all storm water system inlets and catch basins with the City of Rancho Cucamonga catch basin labeling "Keep Gutters Clean For Those Down Stream'. (• A-17 D,E,F-120 ~. Q~ • ~~ y` c ~ E ~r ~a Q ~ 3 •~ • 4z-asl s/eua~eyy 6u(p~mg angewe(/y Z c y (6Z-Q$)luawaned snowed z m > ' sea~y uo9eiedaid pond io/ s/oquo~ ~e~eM yseM Z o m (se-asl „ ; ree~ y 6ursswad ioop~np Z '~ m (SE-OS/ seal y ~poM ~opp~np Z m `m ~, (6E-OS1 sea~y ~ ~ e6eio(g (eua/eyy ~oop~np Z y (EE a °~ 'OS1 saa~y 6u(yseM a/a(yaq z n (l E•4S) ~ Ea sNOOp pua s~feg aaueua(u(eyy Z o e6eu(eip ~ c o easy .f/tldng ~e/e~yyny Z io c m (OE•QS)sewy6upenj Z ~ a N ~ ~ /oquop ~ap(7 pua ~ o m (ZOOS) sexy efielo~g yswl Z Q; c s~a~edlssrp.f6lau3 Z to ~ U ~ sHaea yseM Ialvi e ~ d d O ~ (El-OS) ebeu6/g ure~p uuo(g X C N y s~avueU,7 Pue rado/g loaJmd X ~ w (ZVOS) uoilefiw(7ua/oy/g X °n (! l-OS) s/a(uop pound /ooa x c ~ ~ a 6mdeospue7 aprspf}{ ~ ~ IOL-OSl 6uiuueld edeorpue7 x 3 m uo((oadsu~ t u(sag yp/ep sea~y uowwop X a s(o~ bu(ry~ed pue m laal/S a/onud 6u(daamS )aagS X ° c tue~6ad U uopeonp3~bury/e~l aa~fo(dw3 X ~ u ue(d ~foua6w/vop (pdS X ° ( suonou~sey ~[7(npay x ~ m s~aump ~fuado~d fo uopeanP3 X o OI ~ C N loll ~C ~ _ d 6 o ' VI Cn C NO c tOtp /I r. E UD m oo cE N a ao E' ~~Eo ^ - O N ymc m ~ unto ~^ ~ry ~ CI ~ N (..1 ' U-- ° y =>E d N ap Eo-o o' ] ° a p x'00 E N edm ~ = D7 ~;~'~.3 c° u °1 ` a , my a`o d o~y° m ~aai . : aNi =an >E~ o y` ~°;~o ` y~ ' U pn Qy ~ ~ ~ l o an a w° ~ a ad L y ~ n 0 U d N g m 0 v O U a u 0 h D, E,F-121 Attachment A WoMP Template Justification for Source Control BMPs not Incorporated Into the project WIMP Source Control BMP Used in Project es/no ? Justification/Alternative' Implementation Descri tion Education of Property Owners X ~ACtivity Restrictions X Spill Contingency Plan X Employee Training/Education Program X Street Sweeping Private Street and Parking Lots X Common Areas Catch Basin Inspection X - Landscape Planning (SD-10) X Hillside Landscaping No No hillsides Roof Runoff Controls (SD-11) X Efficient Irrigation (SD-12) X Protect Slopes and Channels X Storm Drain Signage (SD-13) X Inlet Trash Racks Na , Energy Dissipaters Na Trash Storage Areas (SD-32) and Litter Control X Fueling Areas (SD-30) Na AirM/ater Supply Area Drainage Na Maintenance Bays and Docks (SD-31) Na Vehicle Washing Areas (SD-33) Na Outdoor Material Storage Areas (SD- 34 Na Outdoor Work Areas (SD-35) Na Outdoor Processing Areas (SD-36) Na Wash Water Controls for Food Preparation Areas Na Pervious Pavement (SD-20) Na Alternative Building Materials (SD-21) Na 'Attach additional sheets if necessary forjustification. A-19 ~•. ~• • D, E,F-122 Attachment A WQMP Template ~'-~ • 3.3 TREATMENT CONTROL BMPS (Not required for Non-Category projects) Complete the following Treatment Control BMPS Selection Matrix. For each pollutant of concern enter "yes" if identified in Section 2.1, above, or "no" if not identified for the project. Check the hoxes of selected BMPS that will be implemented for the project io address each pollutant of concern from the project as listed above in section 2.1. Treatment Control BMPS must be selected and installed with respect to identified pollutant characteristics and concentrations that will be discharged from the site. For any identified pollutants of concern not listed in the Treatment Control BMP Selection Matrix, provide an explanation of how they will be addressed by Treatment Control BMPS. For identified pollutants of concern that are causing an impairment in receiving waters (as identifed in Section 2.1, above), the project WQMP shall incorporate one or more Treatment Control BMPs of medium or high effectiveness in reducing those pollutants. It is the responsibility of the project proponent to demonstrate, and document in the project WQMP, that all pollutants of concern will be fully addressed. The Agency may require information beyond the minimum requirements of this WQMP to demonstrate that adequate pollutant treatment is being accomplished. In addition to completing the Selection Matrix, provide detailed descriptions on the location, implementation, installation, and long-term O&M of planned Treatment Control BMPS. A-20 D, E,F-123 Q~ ~~ ~ a s ~ Vf ma ¢~ C7 3 a 9 z ~; ~ ~ x ~ x ~ x ~ x ~ x ~ x ~ x ~ x ~ x ~ 'a u ~ o w ` ~ a ^ V • T E o ~ ~ = ~ a ~ 'O A E = Y J J ~ J J j J J G « N O i. d >. J 2 N N y y y c O w J J J ~ J J ~ J J ~ O Or ry °i O ~ U a c o ~ m ~~ ~ ~ ~ ~ ~ ~ ~ x ~ _ x = _ x x x ~ S o ~ IL C O U C y v E C o `° ~ ~ ~ d ° a = _ ~ O _ > > > x ' ~ ~ ~ o~ m c ~ ~ ~ ~ _ ~ w x i ~ ~ 3 . i 7 ~ Z • ~ m o~ .., y C C d ~ rL ~ ~ ~ ~ ~ ~ ~ y O m y r C = X J X ~ X J X J X ~ X = X ~ X = X GI d T C C y O C V ~ :~ v y ICO ~ N O N N U j } } E } ~ a } E } > Y y y } 5 } } o S U oa y o u ~ m ~ ~ y o .. c ~~ v ~~ ,d ~~ c c ~. A ~~ O ~~ v n~ n E Z .°_' Z ~ Z a Z °' " o Z 'd o Z ~ o Z •~ y^ o y o N ~ N m y of y ~ Z M Z V Q) N ~ y T a y Cl N N N y ~ y y O d N ~ N N N K ~ Y t0 N d d O N O a N } Z Y O } ~... } p N Y 67 } O } a a } ~ k L' O •~ } .U N d c~ C C O U C p E 0 a~ ti ~~ Q • • D,E,F-124 Attachment A WQMP Template • 3.4 BMP DESIGN CRITERIA ° The following Treatment Control BMP(s) (Flow Based or Volume Based) will be implemented for this project (check "fmalemented" box if used): Design Basis of Treatment Control BMPs • Implemented Treatment Control BMP Design Basis Vegetated Bufter Strips Vegetated Swale Multiple Systems Flow Based Man ufactured/Proprietary Bioretention Wet Pond Constructed Wetland Extended Detention Basin Water Duality Inlet Retention/Irdgation Volume Based Infiltration Basin Infiltration Trench Media Filter Man u faclured/P roprieta ry 3.4.1 Flow Based Design Criteria • Calculate the BMP design flow by using the method described in Attachment D, Section A. Show calculations in detail-attach a separate sheet of calculations. 3.4.2 Volume-Based Design Criteria ° Calculate the required capture volume of the BMP using the method described in Attachment D, Section B. Show calculations in detail-attach a separate sheet of calculations. SEE ATTACHED. • A-22 D, E,F-125 Attachment A WQMP Template Section 4 Operation and Maintenance 4.1 Operations and maintenance 4.1.1' O&M DESCRIPTION AND SCHEDULE • List and identify each BMP that requires O&M: Flo-gard Fossil Filters.. Description of 0&M activities (include the O&M process, and the handling and placement of any wastes).Maintenance requirements vary depending on the amount of runoff, debris, etc. Flo-gard fossil Inserts shall be inspected and serviced as follows: Inspected every 4 months; filters cleaned every 6 months; filter medium changed and disposed of once per year. • BMP start-up dates: Upon completion of construction. 4.1.2 INSPECTION & MONITORING REQUIREMENTS THAT MUST: • Provide thorough descriptions of water quality monitoring (if locally required). • • Provide self-inspections and record keeping requirements for BMPs (review local specific requirements regarding self-inspections and/or annual reporting), including identification of responsible parties for inspection and ~• record keeping. 4.1.3 IDENTIFICATION OF RESPONSIBLE PARTIES RESPONSIBLE FOR BMP O&M: ZHONGKUN GROUP, INC. DEVELOPMENT Project Location: N.E. Corner of Foothill Blvd. & Etiwanda St. Rancho Cucamonga, CA. SECTION 5 FUNDING 5.1 Funding The Permit requires that For all Treatment Control BMPs, a funding source or sources for operation and maintenance of each BMP be identified within the WQMP. Project proponents must: • Indicate funding sources or sources for O&M for this project. For each funding source, include the responsible party's name, address, contact name and telephone number. ZHONGUN GROUP, INC. -Contact Person: Peter Gao - (626) 303-3858 222 E. Huntington Drive, Suite 213. Monrovia, CA 91016 A-23 I• D, E,F-126 • • SECTION 6 WQMP Certification Attachment A WQMP Template 6.1 Certification The applicant is required to sign and Ana Regional Water Quality Control Permit No. CAS618036). certify that the WQMP is in conformance with Santa Board Order Number R8-2002-0012 (NPDES The applicant is required to sign and date the following statement 'word-for-word' certifying that the provisions of the WQMP have been accepted by the applicant and that the applicant will have the plan transferred to future successors (transferability statement). The certification must be signed by the property owner, unless a written designation by the owner allows a designee to sign on the owner's behalf. "This Water Quality Management Plan has been prepared for (Owner/Developer Name) by (Consulting /Engineering Firm Name). It is intended to comply with the requirements of the City of (name city or county) for Tract/Parcel Map No. ,Condition Number(s) requiring the preparation of a Water Quality Management Plan (WQMP). The undersigned is aware that Best Management Practices (BMPs) are enforceable pursuant to the City's/County's Water Quality Ordinance No. .The undersigned, while it owns the subject property, is responsible for the implementation of the provisions of this plan and will ensure that this plan is amended as appropriate to reflect up-to-date conditions on the site consistent with San Bernardino County's Municipal Stormwater Management Program and the intent of the NPDES Permit for San Bernardino County and the incorporated cities of San Bemardino County within the Santa Ana Region. Once the undersigned transfers its interest in the property, its successors in interest and the city/county shall be notified of the transfer. The new owner will be informed of its responsibility under this WQMP. A copy of the approved WQMP shall be available on the subject site in perpetuity. " "I certify under a penalty of law that the provisions (implementation, operation, maintenance, and funding) of the WQMP have been accepted and that the plan will be transferred to future successors." Applicant's Signature Applicant's Name Date Applicant's Telephone Number A-24 D,E,F-127 Attachment A WQMP Template Attachment A-1 Maintenance Mechanisms A-1.1 The Agency shall not accept stormwater structural BMPs as meeting the WQMP requirements standard, unless an O&M Plan is prepared (see WQMP Section 2.6) and a mechanism is in place that will ensure ongoing long-term maintenance of all structural and non-structural BMPs. This mechanism can be provided by the Agency or by the project proponent. As part of project review, If a project proponent is required to include interim or permanent structural and non-structural BMPs in project plans, and iF the Agency does not provide a mechanism for BMP maintenance, the Agency shall require that the applicant provide verification of maintenance requirements through such means as may be appropriate, at the discretion of the Agency, including, but not limited to covenants, legal agreements, maintenance agreements, conditional use permits and/or funding arrangements (OC 2003) A-1.2 Maintenance Mechanisms 1. Public entity maintenance: The Agency may approve a public or acceptable quasi- public entity (e.g., the County Flood Control District, or annex to an existing assessment district, an existing utility district, a state or federal resource agency, or a • conservation conservancy) to assume responsibility for operation, maintenance, repair and replacement of the BMP. Unless otherwise acceptable to individual Agencies, public entity maintenance agreements shall ensure estimated costs are front-funded or reliably guaranteed, (e.g., through a'trust fund, assessment district fees, bond, letter of credit or similar means). In addition, the Permitfees may seek protection from liability by appropriate releases and indemnities. The Agency shall have the authority to approve stormwater BMPs proposed for transfer to any other public entity within its jurisdiction before installation. The Permittee shall be involved in the negotiation of maintenance requirements with any other public entities accepting maintenance responsibilities within their respective jurisdictions; and in negotiations with the resource agencies responsible for issuing permits for the construction and/or maintenance of the facilities. The Agency must be identified as a third party beneficiary empowered to enforce any such maintenance agreement within their respective jurisdictions. 2. Project proponent agreement to maintain stormwater BMPs: The Agency may enter into a contract with the project proponent obliging the project proponent to maintain, repair and replace the stormwater BMP as necessary into perpetuity. Security or a funding mechanism with a "no sunset" clause may be required. 3. Assessment districts: The Agency may approve an Assessment District or other funding mechanism created by the project proponent to provide funds for stormwater \J A-25 D, E,F-128 - Attachment A WQMP Template BMP maintenance, repair and replacement on an ongoing basis. Any agreement with ~• such a District shall be subject to the Public Entity Maintenance Provisions above. 4. Lease provisions: In those cases where the Agency holds title to the land in question, and the land is being leased to another party for private or public use, the Agency may assure stormwater BMP maintenance, repair and replacement through conditions in the lease. 5. Conditional use permits: For discretionary projects only, the Agency may assure maintenance of stormwater BMPs through the inclusion of maintenance conditions in the conditional use permit. Security may be required. 6. Alternative mechanisms: The Agency may accept alternative maintenance mechanisms if such mechanisms are as protective as those listed above. (• I• A-26 D, E,F-129 Attachment A WQMP Template l~ Attachment A-2 Water Quality Management Plan and Stormwater BMP Transfer, Access and Maintenance Agreement (adapted from documents from the Ventura County Stormwater Management Program) Recorded at the request of: City of After recording, return to: CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION P.O. BOX 807 RANCHO CUCAMONGA, CA 91729 City Clerk • OWNER: THIS SPACE FOR RECORDER'S USE PROPERTY ADDRESS: NORTHEAST CORNER OF FOOTHILL BOULEVARD AT ETIWANDA BLVD. APN: THIS AGREEMENT is made and entered into in California, this day of by and between • herein after A-27 D, E,F-130 Attachment A WQMP Template referred to as "Owner" and the CITY OF corporation, located in the County of San referred to as "CITY"; RANCHO CUCAMONGA , a municipal Bernardino, State of California hereinafter WHEREAS, the Owner owns real property ("Property") in the City of RANCH CUCAMONGA, County of San Bernardino, State of California, more specifically described in Exhibit "A" and depicted in Exhibit "B", each of which exhibits is attached hereto and incorporated herein by this reference; WHEREAS, at the time of initial approval of development project known as within the Property described herein, the City required the project to employ Best Management Practices, hereinafter referred to as "BMPs," to minimize pollutants in urban runoff; WHEREAS, the Owner has chosen to install and/or implement BMPs as described in the Water Quality Management Plan, on file with the City, hereinafter referred to as "WQMP", to minimize pollutants in urban runoff and to minimize other adverse impacts of urban runoff; WHEREAS, said WQMP has been certified by the Owner and reviewed and approved by the City; WHEREAS, said BMPs, with installation and/or implementation on private property and draining only private property, are part of a private facility with all maintenance or replacement, therefore, the sole responsibility of the Owner in accordance with the terms of this Agreement; WHEREAS, the Owner is aware that periodic and continuous maintenance, including, but not necessarily limited to, filter material replacement and sediment removal, is required to assure peak performance of all BMPs in the WQMP and that, furthermore, such maintenance activity will require compliance with all Local, State, or Federal laws and regulations, including those pertaining to confined space and waste disposal methods, in effect at the time such maintenance occurs; NOW THEREFORE, it is mutually stipulated and agreed as follows: Owner hereby provides the City of City's designee complete access, of any duration, to the BMPs and their immediate vicinity at any time, upon reasonable notice, or in the event of emergency, as determined by City's Director of Public Works no advance notice, for the purpose of inspection, sampling, testing of the Device, and in case of emergency, to undertake all necessary repairs or other preventative measures at owner's expense as provided in paragraph 3 below. City shall make every effort at all times to minimize or avoid interference with Owner's use of the Property. A-28 (~• !• i~ D, E,F-131 Attachment A WQMP Template r, • 2. .Owner shall use its best efforts diligently to maintain all•BMPs in a manner assuring peak performance at all times. All reasonable precautions shall be exercised by Owner and Owner's representative or contractor in the removal and extraction of any material(s) from the BMPs and the ultimate disposal of the material(s)'in a manner consistent with all relevant laws and regulations in effect at the time. As may be requested from time to time by the City, the Owner shall provide the City with documentation identifying the material(s) removed, the quantity, and disposal destination. In the event Owner, or its successors or assigns, fails to accomplish the necessary maintenance contemplated by this Agreement, within five (5) days of being given written notice by the City, the City is hereby authorized to cause any maintenance necessary to be done and charge the entire cost and expense to the Owner or Owner's successors or assigns, including administrative costs, attorneys fees and interest thereon at the maximum rate authorized by the Civil Code from the date of the notice of expense until paid in full. 4. The City may require the owner to post security in form and for a time period satisfactory to the city to guarantee the performance of the obligations state herein. Should the Owner fail to perform the obligations under the Agreement, the City may, in the case of a cash bond, act for the Owner using the proceeds from it, or in the case of a surety bond, require the sureties to perform the obligations of the Agreement. As an additional remedy, the Director may withdraw any previous stormwater-related approval with respect to the property on which BMPs have been installed and/or implemented until such time as Owner repays to City its reasonable costs incurred in accordance with paragraph 3 above. This agreement shall be recorded in the Office of the Recorder of San Bernardino County, California, at the expense of the Owner and shall constitute notice to all successors and assigns of the title to said Property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as herein above set forth, subject to foreclosure in event of default in payment. ' In event of legal action occasioned by any default or action of the Owner, or its successors or assigns, then the Owner and its successors or assigns agree(s) to pay all costs incurred by the City in enforcing the terms of this Agreement, including reasonable attorney's fees and costs, and that the same shall become a part of the lien against said Property. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. • A-29 D, E,F-132 Attachment A WQMP Template ( • The obligations herein undertaken shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. The term "Owner" shall include not only the present Owner, but also its heirs, successors, executors, administrators, and assigns. Owner shall notify any successor to title of all or part of the Property about the existence of this Agreement. Owner shall provide such notice prior to such successor obtaining an interest in all or part of the Property. Owner shall provide a copy of such notice to the City at the same time such notice is provided to the successor. 9. Time is of the essence in the performance of this Agreement. 10. Any notice to a party required or called for in this Agreement shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72) hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address only by providing written notice thereof to the other party. • A-30 D, E,F-133 Attachment A WOMP Template ~-. • IF TO CITY: IF TO OWNER: IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above. APPROVED AS TO FORM: OWNER: City Attorney Name CITY OF Title OWNER: Name • Name Title ATTEST: Title City Clerk Date NOTARIES ON FOLLOWING PAGE • A-31 D, E,F-134 .- • Attachment A WQMP Template EXHIBIT A (Legal Description) REAL PROPERTY IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OFSECTION 4, TOWNSHIP i SOUTH, RANGE 6 bVEST,SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING IN THE UNNUMBERED PORTION OF BLOCK "Y" ETIWANDA COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OP MAPS, PAGE 24, IN THE OFFICE OF THE COUNTY RECORDERS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 4, SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF FOOTHILL BOULEVARD AND ETIWANDA AVL•NUE; THENCE NORTH ALONG THE CENTERLINE OF ETIWANDA AVENIUE, • BEING THL- WEST LINE OF SAID SECTION 4, A DISTANCE OF 480 FEET; THENCE EAST AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 4, A DISTANCE OF 240 FELT; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 4; A DISTANCE OF 480 FEET TO THE CENTERLINE OF FOOTHILL BOULEVARD; THENCE ~NES'f ALONG THE CENTER LINE OF FOOTHILL BOULEVARD, BEING THE SOUTH LINE OF SAID SECTION 4, DISTANCE OF 240 FEET TO THE POINT OF BEGINNING. EXCEPT THE WESTERLY 40 FEET THEREOF LYING WITHIN ETIWANDA AVENUE. ALSO EXCEPTING THE SOUTHERLY 50 FEET THEREOF LYING WITHIN FOOTHILL BOULEVARD. • PARCEL 2: ALL THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTH WEST OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO GOVERNMENT SURVEY, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, LYING IN THE UNNUMBERED PORTION OF BLOCK "Y", ETIWANDA COLONY LANDS, AS PER PLAT RECORDED IN BOOK 2 OF MAPS, PAGE 24, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF FOOTHILL BOULEVARD, WITH THE EASTERLY LINE OF THAT CERTAIN PIECE OR PARCEL OF A-32 D, E,F-135 Attachment A WQMP Template LAND CONVEYED BY J.R. PEARSON AND ARWILDA R. PEARSON, HIS WIFE, TO ~• SADIE M. STEVENS, BY DEED DATED SEPTEMBER 23, 1940, AND RECORDED OCTOBER 2, 1940, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, SAID POINT BEING DISTANT EASTERLY Z40 FEET FROM THE INTERSECTION OF THE CENTER LINE OF FOOTHILL BOULEVARD WITH THE CENTER LINE OF ETIWANDA AVENUE, AS SAID.BOULEVARD AND AVENUE ARE . SHOWN ON SAID MAP; THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL OF LAND CONVEYED TO SADIE M. STEVENS, 480 FEET TO THE NORTHEASTERLY CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID PROPERTY CONVEYED TO SADIE M. STEVENS, 240 FEET TO THE CENTER LINE OF ETIWANDA AVENUE; THENCE NORTH ALONG THE CENTERLINE OF ETIWANDA AVENUE TO THE SOUTHWEST CORNER OF LOT 12, IN BLOCK "Y" OF SAID ETI\VANDA COLONY LANDS; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 12 AND THE SOUTH LINE OF LOT 11 IN SAID BLOCK "Y" TO THE SOUTHEAST CORNER OF SAID LOT 11; THENCE SOUTH PARALLEL TO THE CENTER LINE OF ETIWANDA AVENUE AND ALONG THE SOUTHERLY CONTINUATION OF THE EAST LINE OF SAID LOT 11 TO THE CENTER LINE OF FOOTHILL BOULEVARD; THENCE WEST ALONG SAID LAST MENTIONED LINE TO THE POINT OF BEGINNING. E=XCEPTING THEREFROM THAT PORTION CONVEYED TO SIMJA LAINER AND SARA R. LAINER BY GRANT DEED RECORDED DECEMBER 29, 1955 IN BOOK 3821, PAGE 107 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. -ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO PETE VINCENT ~. P[ZZUTO AND FRANCES PIZZUTO, HUSBAND AND WIFE AS JOINT TENANTS BY ' GRANT DEED RECORDED JANUARY 24, 1957 AS INSTRUMENT NO. 332 AND RE- RECORDED FEBRUARY 5, 1957 AS INSTRUMENT NO. 372, BOTH OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. • A-33 D,E,F-136 Attachment A WoMP Template • EXHIBIT B (Map/llusfration) ,- • • A-34 D,E,F-137 Attachment ~ Tables D, E,F-138 Attachment 8 Tables Table B-1 303(d) List of Impaired Water Bodies Pollut ant N rn ° c o .c ~ ~ d m = Waterbod Y a in N .~. U N N ~ O i0 ` d ' C D ' y is O v ~ ~_ w U q n N C Z FO G ~ E /n ~ .C o, 0` ~ ~ y d U N N m Bi Bear Lake X X X Can on Lake Railroad Can on Reservoir) X X Chino Creek Reach 1 X X Chino Creek Reach 2 X Cucamon a Creek, Valle Reach X Grout Creek X X Knickerbocker Creek X X L tle Creek X Mill Creek Prado Area X X X Mill Creek Reach 1 X Mill Creek Reach 2 X Mountain Home Creek X Mountain Home Creek, East Fork X Prado Park Lake X X Rathbone Rathbun Creek X X Santa Ana River, Reach 3 X Santa Ana River, Reach 4 X Summii Creek X NOTES: 1) Summary of the 2002 303(d) Llstetl Water Bodies and Associated Pollutants of Concern from RWQCB Region 8. Check for updated lists From the RWQCB. 2) Chlorides, pesticides, Balmily, total dissolved solids (TDS), toxicity, and trash are listed impairments within the 303(d) table, however, they are not impairments m the above waterbotlies. B-I f • t. t r• D, E,F-139 Attachment 8 Tables ,'--. • • • Table B-2 C Values Based on Impervious/Pervious Area Rafios Impervious ~ % Pervious C 0 100 0.1 s 5 95 0.19 10 90 0.23 15 85 0.26 20 80 0.30 25 75 0.34 30 70 0.36 35 65 0.41 40 60 0.45 45 55 0.49 50 50 0.53 55 45 0.56 60 40 0.60 65 35 0.64 70 30 0.68 75 25 0.71 80 20 0.75 85 15 0.79 90 10 0.83 95 5 0.86 100 0 ~ 0.90 NOTE: Obtain individual runoff coetFlcient C-Factors from the local agency or from the local flood wnlrol district. If C-Factors are not available locally, obtain factors from hydrology tent books or estimate using this table. Composite the individual C-Factors using area-weightetl averages to calculate the Composite C Factor for the area draining to a treatment control BMP. Do not use the C-Factors in this table for flood control design or related work. $_~ D, E,F-140 Attachment C Pollutants of Concern D, E,F-141 Attachment C Pollutants of Concern Pollutants of Concern a Bacteria and Viruses -Bacteria and Viruses are ubiquitous microorganisms that thrive under certain environmental conditions. Their proliferation is typically cause by the transport of animal or human fecal wastes from the watershed. Water, containing excessive bacteria and viruses, can alter the aquatic habitat and create a harmful environment for humans and aquatic life. Also, the decomposition of excess organic waste causes increased growth of undesirable organisms in the water. Metals -The primary source of metal pollution in stormwater is typically commercially available metals and metal products. Metals of concern include cadmium, chromium, copper, lead, mercury, and zinc. Lead and chromium have been used as corrosion inhibitors in primer coatings and cooling tower systems. Metals are also raw material components in non-metal products such as fuels, adhesives, paints, and other coatings. At low concentrations naturally occurring in soil, metals may not be toxic. However; at higher concentrations, certain metals can be toxic to aquatic life. Humans can be impacted from contaminated groundwater resources, and bioaccumulation of metals in fish and shellfish. Environmental concerns, regarding the potential for release of metals to the environment, have already led to restricted metal usage in certain applications (OC 2003). Nutrients -Nutrients are inorganic substances, such as nitrogen and phosphorus. Excessive discharge of nutrients to water bodies and streams causes eutrophication, where aquatic plants and algae growth can lead to excessive decay of organic matter in the water body, loss of oxygen in the water, release of toxins in sediment, and the eventual death of aquatic organisms. Primary sources of nutrients in urban runoff are fertilizers and erdded soils. Pesticides -- Pesticides (including herbicides) are chemical compounds commonly used to control nuisance growth or prevalence of organisms. Relatively low levels of the active component of pesticides can result in conditions of aquatic toxicity. Excessive or improper application of a pesticide may result in runoff containing toxic levels of its active ingredient (OC 2003). Organic Compounds -Organic compounds are carbon-based. Commercially available or naturally occurring organic compounds are found in pesticides, solvents, and hydrocarbons. Organic compounds can, at certain concentrations, indirectly or directly constitute a hazard to life or health. When rinsing off objects, toxic levels of solvents and cleaning compounds can be discharged to storm drains. Dirt, grease, and grime retained in the cleaning fluid or rinse water may also adsorb levels of organic compounds that are harmful or hazardous to aquatic life (OC 2003). v Sediments -Sediments are solid materials that are eroded from the land surface. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. Trash and Debris -Trash (such as paper, plastic, polystyrene packing foam, and aluminum materials) and biodegradable organic matter (such as leaves, grass cuttings, and food waste) are general waste products on the landscape. The presence of trash and debris may C-I j • , • f~ D, E,F-142 Attachment C Pollutants of Concern have a significant impact on the recreational value of a water body and aquatic habitat. • Trash impacts water quality by increasing biochemical oxygen demand. Oxygen-Demanding Substances - This category includes biodegradable organic material as well as chemicals that react with dissolved oxygen in water to form other compounds. Proteins, carbohydrates, and fats are examples of biodegradable organic compounds. Compounds such as ammonia and hydrogen sulfide are examples of oxygen-demanding compounds. The oxygen demand of a substance can lead to depletion of dissolved oxygen in a water body and possibly the development of septic conditions. A reduction of dissolved oxygen is detrimental to aquatic life and can generate hazardous compounds such as hydrogen sulfides. m Oil and Grease -Oil and grease in water bodies decreases the aesthetic value of the water body, as well as the water quality. Primary sources of oil and grease are petroleum hydrocarbon products, motor products from leaking vehicles, esters, oils, fats, waxes, and high molecular-weight fatty acids. • • C-2 D,E,F-143 Attachment D Treatment Control BMP Sizing Calculations Attachment D Flow- and Volume-Based BMP Design Calculations • FLOW-BASED BMP 1. The project site is in the valley region, the total drainage area is 5.5 Acres with impervious area of 95% (I=0.95) 2. The Composite Runoff Coefficient: CeMP= 0.858 x 13- 0.78 x I2+ 0.77 x I + 0,04 = 0.858 x (0.95)3- 0.78 x (0.95)2+ 0.77 x (0.95) + 0.04 = 0.80 Use CeMP= 0.86 (Table B-2) 3. Rainfall Data: 2-year 1. hour = 0.6" (NOAA, ATLAS 14 Map) 4. Rainfalllntensity: IsMP= 0.2787.x 0.6 x (2) = 0.33 In/Hr (Table D-1 Regression Coef. And S.F. 2) 5. Target BMP flow rate: QaMP = CBMP X IsMP X A Sub Area'(A) = 2.02 Acres QaMP = 0.86 x 0.33 x 2.02 = 0.57 cfs Use FIo-gard filter insert model (FGP-16F) or approved equal. Sub Area (B) = 3.22 Acres OeMP = 0.86 x 0.33 x 3.22 = 0.91 cfs Use FIo-gard filter insert model (FGP-24W) or approved equal. Sub Area (C) = 0.17 Acres • QBMP=0.86x0.33x0.17=O.OScfs Use FIo-gard filter insert model (FGP-12F) or approved equal. Sub Area (D) = 0.06 Acres QaMP = 0.86 x 0.33 x 0.08 = 0.02 cfs Use FIo-gard filter insert model (FF-TD12) or approved equal • VOLUME-BASED BMP 1. Rainfall Data: 2-year 1 hour = 0.6" (NOAH, ATLAS 14 Map) 2. CeMP = 0.86 , 3. 6-hour mean storm run-off Pe = 1.4807 In. (Table D-1 Regression Coef. And S.F. 2) 4. Maximized Storm Water Detention Volume with 48 Hours Drawdown Po = a x CeMP x Pa = 1.963 x D.86 x 1.4807 = 2.5 In/Ac. 5. Target Capture Volume Vo=PoxA/12 Sub Area A, Vo= 2.5 x 2.02 / 12 = 0.42 Ac.Ft. (136,847 gal.) Sub Area B, Vo= 2.5 x 3.22 / 12 = 0.67 Ac. Ft. (218,303 gal.) Sub Area C, Vo= 2.5 x 0.17 / 12 = 0.04 Ac. Ft. (13,033 gal.) Sub Area D, Vo= 2.5 x 0.08 / 12 = 0.02 Ac. Ft. (6,517 gal.) • D-i D, E,F-144 Attachment D Treatment Control BMP Sizing Calculations _ INSTRUCTIONS FOR ESTIMATING VOLUME- AND FLOW-BASED BMP DESIGN ( • RUNOFF QUANTITIES" 1) Identify the "BMP Drainage Area" that drains to the proposed BMP element. This includes all areas that will drain to the proposed BMP element, including peryiotts areas, impervious areas, and off-site areas, whether or not they are directly or indirectly connected to the BMP element. Calculate the BMP Drainage Area (A) in acres. 2) Outline the Drainage Area on the NOAH Atlas 14 Precipitation Depths (2-year 1- hour Rainfall) map (Figure D-1). 3) Determine the area-averaged 2-year 1-hour rainfall value for the Drainage Area outlined above. A. Flog-Based BMP Design 1) Calculate the composite runoff coefficient, Comm, as defined in part A.2, above. . 2) Determine which Region the BMP Drainage Area is located in (Valley, Mountain or Desert). 3) Determine BMP design rainfall intensity, Isn~m, by multiplying the area-averaged 2- year 1-hoar value from the NOAA Atlas 14 map by the appropriate regression coefficient from Table D-1 ("I"), and then multiplying by the safety factor ;• specified in the criteria-usually a factor of 2. 'Rainfall analysis to develop regression coefficients in Table D-1 and modifications to du NOAA Atlas 14 map wem conduced by: I~Iromadka 11, 'f. V., Professor Emerims, Department of Mathematics, Califomia State University, Fullerton, and Adptnct Professor, Departrtrent of Mathematical Sciences, United States Military Academy, West Point, NY Laton, W.R ,Assistant Professor, Depamnent of Geological Sciences, Califomia State University, Fullerton Picciuto J.A.., Assistant Professor, Department of Mathematical Sciences, United Slates Military Academy, West Poim, NY N'ith assistance from: Rene Perez, M.S. Candidate, Department of Geological Sciences, California State University, Fullerton, and Jim Friel. Ph.D. Professor Emeritus, Depamnent of Mathematics, California State University, Fullerton Reported as follows: 1. Hi omadka Q, T.V., Laton, W.R., and Picciuto ).A., 2005. Estimating Runoff Quantities for Flow and Volume-based BMP Design. Final Report to the San 6emardino County Flood Control District. 2. Laton, W.R., Hromadka [I, T.V., and Picciuto J.A., 2005. Lstimating Runoff Quantities for Flow and Volume-based BMP Design (submitted). Journal of the American Water Resources Association. ,• D-2 D, E,F-145 Attachment D Treatment Confrol BMP Sizing Calculations ~~_, 4) Calculate the target BMP flow rate, Q, by using the following formula (see Table D- 2 below for ]imitations on the use of this formula): Q = Cnnfr• Inatr • A where: Q =flow in ft~/s Inmr =BMP design rainfall intensity, in inches/hour A =Drainage Area in acres CoMr =composite nmoff coefficient r. • Table D-1: Re ressiott Coefficients for Intensit (I) and 6-hour mean storm rainfall (Pe). Valley Mountain Desert Quantity 85% upper 85% upper 85% upper confidence limit confidence limit confidence limit I 0.2787 0.3614 0.3250 Pe 1.4807 1.9D90 1.2371 Table D-2: Use of the flow-based formula for BMP Design (CASQA 2003). Composite Runoff Coefficient, "C" T3M1' Uraiuage Area (Acres) 0.00 to 0.25 0.26 to 0.50 0.51 to 0.75 0.76 [0 1.00 0 to 25 Caution Yes Ycs Yes ?G [0 50 High Caution Caution Yes Yes 51 to 75 Not Recommended Higlt Caution Caution Yes 7G to 100 Not Recommended High Caution Caution Yes If the (low-based BMP formula use case, as detenmtined by Table D-2, shows "Caution," "High Caution," or "Not Recommended," considering the project's characteristics, then he project proponent must calculate the BMP design flow using the unit hydro~•aph method, as specified in the most current version of the San Bernardino County Hydrology Manual, using the design stone pattern with rainfall return fi'equency such that the peak one hour rainfall depth equals the SSth-percentile 1-hour rainfall multiplied by two. D-3 D, E,F-146 Attachrnenl D Treatment Control BMP Sizing Ca/cu/alions [3. Volume-Based BMP Design (• 1) Calculate the "Watershed Imperviousness Ratio", i, which is equal to the percent of impervious area in the BMP Drainage Area divided by 100. 2) Calculate the composite runoff coefficient CeMr for the Drainage .Area above using the following equation: Cnnrr = 0.858i> - 0.78ir + 0.7741 + 0.04 where: Cnntr =composite runoff coefficient; and, i =watershed imperviousness ratio. 3) Determine which Region the Drainage Area is located in (Valley, Mottntain or Desert). 4) Determine the area-averaged "6-hour Mean Storm Rainfall", Pe, for the Drainage Area. This is calculated by multiplying the area averaged 2-year 1-hour value by the appropriate regression coefficient from Table 1. 5) Determine the appropriate drawdown time. Use the regression constant a = 1.582 for 24 hours and a = 1.963 for 48 hours. Note: Regressiwz constants are provided for boot 24 hour and 48 hour drawdown times; however, 48 hour drawdown times shordd be used in most Wrens of California. Drnwdown times in excess of 48 hours shmlld be used with cnntion ns vector breeding can be a problem after zunter has stood in ~: excess of 72 hours. (Use of the 24 hoar drnzudozun time should be limited to drainage Wrens with course soils that rendil~ settle and to watersheds where zunrming mn~ be detrimental to dozunsh•enm fisheries) 6) Calculate the "Maximized Detention Volume", Po, using the following equation: Po = a • Cnrvm • Po ta~here: Po =Maximized Detention Volume, in inches a = 1.582 for 24 hour and a = 1.963 for 48 hour drawdown, Camr =composite runoff coefficient; and, Pa = 6-hour Mean Stonn Rainfall, in inches 7) Calculate the "Target Capture Volume", Vo, using the fallowing equation: where: Vo =Target Capture Volume, in acre-feet Pa =Maximized Detention Volume, in inches; and, A =BMP Drainage Area, in acres ~• D-4 D,E,F-147 /~~ ~ • • • o~ ~y .~0i CR 4 m U E D, E,F-148 d Y i'6 ~1 ~ l~~lEB i ~i~~ [ ~e"~ : liig IIE ~ ~ { ~9i ~~~ g;1 9 9 9 i 99 4ks~ r p glgdl €ig~ dd ~ ~ ~~~ 1~~ ig 3 ~~ i ~i 0 =e _~~ g -. 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I i( e. E ~.aE.~ / • I~ i~ • City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental'Ouality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: SUBTPM18710, DRC2007-00344, and DRC2007-00914 Public Review Period Closes: May 14, 2008 Project Name: Project Applicant: Charles Joseph Associates Project Location (also see attached map): Located in the Community Commercial Zone, Subarea 4, on the northeast corner of Foothill Boulevard and Etiwanda Avenue - APN: 1100-161-02 and 03. Project Description: A request fora 4-lot subdivision for property within the Community Commercial Zone, Subarea 4, and the development of a retail commercial center consisting of 5 buildings totaling 63,000 square feet and a Sign Program. 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. • May 14. 2008 Date of Determination Adopted By D, E,F-150 RESOLUTION NO. 08-20 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. SUBTPM18710, A 4 LOT SUBDIVISION ON 5.35 ACRES OF LAND IN THE FOOTHILL BOULEVARD SPECIFIC PLAN, SUBAREA 4, COMMUNITY COMMERCIAL DISTRICT, LOCATED ON THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-161-02 AND 03. 1. Charles Joseph Associates filed an application for the approval of Tentative Parcel Map No. SUBTPM18710, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On the 14th day of May 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and conGuded said hearing on that date. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, • Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 14, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located at the northeast comer of Foothill Boulevard and Etiwanda Avenue with a street frontage of 505.28 feet on Foothill Boulevard and 416.18 feet on Etiwanda Avenue, and the 5.35-acre site is vacant and is fairly flat sloping to the south; the property to the north of the subject site is developed with apartments and one single-family residence, zoned Medium Density Residential and Community Commercial respectively; the property to the south consists of vacant land but approved for a commercial retail center zoned Community Commercial; the property to the east is a condominium development that is under construction, zoned Medium Density Residential; and the property to the west is Etiwanda Avenue and vacant, zoned Community Commercial. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the Tentative Parcel Map is consistent with the General Plan, Development Code, and any applicable specific plans; and • c. The site is physically suitable for the type of development proposed; and D, E,F-151 PLANNING COMMISSION RESOLUTION NO. 08-20 SUBTPM18710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 2 d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The Tentative Parcel Map is not likely to cause serious public health problems; and f. The design of the Tentative Parcel Map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. 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 Califomia Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence That the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The Custodian of Records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the 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 1050D Civic Center Drive, Rancho Cucamonga, Califomia 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. ~• ~•. 1 ~• D, E,F-152 PLANNING COMMISSION RESOLUTION NO. OS-20 SUBTPM18710 -CHARLES JOSEPH ASSOCIATES :, May 14, 2008 Page 3 Planning Department 1) This application approval is allowed only concurrently with the approval of the related applications Conditional Use Permit DRC2007-00344 and Uniform Sign Program DRC2007-00914. 2) The approval of this parcel map will not entitle the project to any more signs than were permitted with the approval of Uniform Sign Program DRC2007-00914. Engineering Department 1) Foothill Boulevard frontage improvements to be in accordance with City "Major Divided Arterial" standards, including dual westbound left-tum lanes (10 feet and 11 feet), 3 westbound thru lanes (11 feet, 11 feet, 11 feet), one bike lane (4 feet) and one right-tum lane (10 feet). a) The Foothill Boulevard frontage shall be designed in accordance with the City adopted Foothill Boulevard Historic Route 66 Vsual Improvement Plan including street lights. This designates a "Suburban Parkway Enhancement Area" featuring colored ~- pavement emblazoned with the Route 66 logo, special sidewalk • treatment, removal of the existing sidewalk and access ramp and reconstructing per the Foothill Activity Center, artwork, and a historic post and a cable roadway safety barrier. Said enhancement area shall be maintained by the developerand shall be included in the Covenants, Conditions and Restrictions. b) Provide curb and gutter, sidewalk, drive approach, street trees and street lights, as required. c) Provide westbound deceleration/right-tum lane for Foothill Boulevard approaching Etiwanda Avenue. d) Provide or relocate Traffic Signal equipment on Foothill Boulevard. e) Protect the existing raised median along entire Foothill Boulevard with no openings. f) Provide a bike lane along Foothill Boulevard frontage, as required. g) Provide traffic signing and signage and R26(s) signs along Foothill Boulevard frontage, as required. h) Reconstruct existing ramps if ramps do not conform to City Standards. i) No accent paving within the City right-of-way. D,E,F-153 PLANNING COMMISSION RESOLUTION NO. 08-20 SUBTPM18710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 4 ~• 2) Etiwanda Avenue to be improved in accordance with City "Secondary" standards including dual southbound left-tum lanes (10 feet and 10 feet), two northbound thru lanes (11 feet and 11 feet), 1 bike lane (4 feet) and one northbound busbay/right-tum lane (12 feet). a) Provide cobble curb and gutter, sidewalk, drive approach, street trees and street lights, as required. b) Provide northbound bus bay/right-tum lanes for Etiwanda Avenue. c) Provide or relocate Traffic Signal equipment in Etiwanda Avenue. d) Provide or protect existing traffic striping and signage, including R26 signs, as required. e) Allow for future access to "Not-A-Part" parcel at the northwest comer of the project. 3) Pavement reconstruction and overlays will be determined during plan check on both Foothill Boulevard and Etiwanda Avenue. 4) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Etiwanda Avenue shall be ~• undergrounded from the first pole off-site south of Foothill Boulevard to the first pole off-site the northerly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. All service utility lines crossing Etiwanda Avenue shall be undergrounded. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 5) All power pole relocations shall be done by Southern California Edison Company. Said relocations shall be paid for and coordinated by the developer. 6) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical, except for the 66 KV electrical) on the opposite side of Etiwanda Avenue shall be paid to the City prior to map approval or issuance of building permits, whichever comes first. The fee shall be one-half the City adopted unit amount times the length of the existing utility lines on the west side of Etiwanda Avenue up to the center of Etiwanda Avenue and Foothill Boulevard. 7) An in-lieu fee as reimbursement for the development's share of the ~• curently constructed and extended Foothill Boulevard Median Island shall be paid to the City prior to issuance of building permits or final D,E,F-154 PLANNING COMMISSION RESOLUTION NO. 08-20 SUBTPM16710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 5 map approval, whichever comes first. Once the median improvements are accepted by the City, the developer of Tract 16882, William Lyon Homes, may request a reimbursement agreement to recover one-half the City adopted cost for the construction of the median island from future development as it occurs from either north side or south side of Foothill Boulevard. If the developer fails to submit said reimbursement agreement within 6 months of the median improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. The amount will be determined at the time of reimbursement submittal for review and approval. 8) An in-lieu fee for one-fourth the cost of constructing special pavers within the Foothill Boulevard/Etiwanda Avenue intersection shall be paid to the City prior to final map recordation. The.fee amount shall be based on the square footage of the intersection. 9) Provide a drainage report to substantiate that the development will mitigate runoff consistent with the Etiwanda/5an Sevaine Drainage Policy. 10) Development within the Etiwanda/San Sevaine Drainage area is responsible for the City's adopted drainage fee (master plan and regional) as well as reimbursement to other development, or the City, for oversizing of drainage facilities as determined by the City Engineer. 11) Development of this site shall comply with Etiwanda/San Sevaine drainage policy and provide for mitigation of developed flows if this site develops prior to the completion of the EiiwandaiSan Sevaine drainage facilities by.both the San Bernardino County Flood Control and the City. Provide a copy of final Water Quality Management Plan (WQMP) with submittal of grading plans to Building and Safety. WQMP and Grading plans are subject to review by the Building Official. 12) Maintenance of Best Management Practices identified in the WQMP shall be addressed in the project Covenants, Conditions and Restrictions. 13) Construct appropriate off-site street improvements from transition to existing. 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. D, E,F-155 PLANNING COMMISSION RESOLUTION NO: 08-20 SUBTPIVI18710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 6 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) Alf 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 inGude the following provisions: • Re-establish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • 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 SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water (approved by SCAQMD and Regional [RWOCB]) daily to reduce Particulat accordance with SCAQMD Rule 403. or other soil-stabilizing agent Water Quality Control Board e Matter (PM,o) emissions, in .--. f~ • r• r• D, E,F-156 PLANNING COMMISSION RESOLUTION NO. 08-20 SUBTPM18710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 7 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 orclean altemativefuel- powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 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 theirspecial qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. D,E,F-157 PLANNING COMMISSION RESOLUTION NO. 08-20 SUBTPM18710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 8 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 Bemardino County Archaeological Infonnation Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: ~• Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the ~. site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bemardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bemardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, 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 PMio emissions associated with D,E,F-158 PLANNING COMMISSION RESOLUTION NO. 08-20 SUBTPM18710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 9 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 RWQCB) shall be applied to all inactive constriction areas that remain inactive for 96 hours or more to reduce PM~a emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site oroff-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be pertormed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (name/date) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be D, E,F-159 PLANNING COMMISSION RESOLUTION NO. 08-20 SUBTPM18710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 . Page 10 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), inducting a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the stone 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 Stone Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Dischargers Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. ~• Noise 1) A minimum 5-foot high glass or Plexiglas wall on the west south and (• east sides of the Patio for the eastern most commercial building on Foothill Boulevard would provide adequate mitigation. 2) Construction or grading shall not take place between the hours of 8:00 p.m. •and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perrorm weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in the first phase where it is not existing and when adjacent to residential use. 5) Haul truck deliveries shall not take place between the hours of r,'• 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 D,E,F-160 PLANNING COMMISSION RESOLUTION NO. OB-20 SUBTPM18710 -CHARLES JOSEPH ASSOCIATES May 14, 2008 • Page 11 for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: 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 14th day of May 2008, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: L J D, E,F-167 .--~, • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: SUBTPM18710, DRC2007-00344, and DRC2007-00914 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration forthe above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessaryto ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. .As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the 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 D, E,F-162 Mitigation Monitoring Program SUBTPM18710, DRC2007-00344, and DRC2007-00914 Page 2 , 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined bythe project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed bythe project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. IF• 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. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. 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N N C O R .~ d a a Q N Y V d L U a d Y U O m G O v N d) O D, E,F-172 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTPM18710 SUBJECT: TENTATIVE PARCEL MAP APPLICANT: CHARLES JOSEPH ASSOCIATES NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE - LOCATION: APN: 1100-161-02 AND 03 ALL OF THE FOLLOWING CONDITIONS APPL Y TO YDUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: •1. General Requirements comoiet~o~ Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Parcel Map SUBTPM18710 is granted subject to the approval of DRC2007- 00344. 3. Copies of the signed Planning Commission Resolution of Approval No. 08-20, 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. • SC-1-OS I \PLANNING\FINAL\PLNGCOMM\2008 Res & Stl rep\SUBTPM18710 5-13 tloc D, E,F-173 Project No. SUBTPM18710 Completion Date 4. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The _/_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to / the Planning Commission or Planning Director hearing: • t, a) Notice of Exemption - $50 b) Notice of"Determination - $50 c) Mitigated Negative Declaration - $ 1,926.75 X d) Environmental Impact Report - $2,656.75 B. Time Limits 1. This tentative parcel map shall expire, unless extended by the Planning Commission, unless a _/_/_ complete final map is filed with the City Engineer within 3 years from the date of the approval. C. Site Development 1. 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. D. Shopping Centers 1. The Master Plan is approved in concept only. Future development for (each building pad/parcel) _/_/_ shall be subject to separate Development/Design Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. ( 2. 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. 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) E. General Requirements 1. Submit five complete sets of plans including the following: _/_/_ a. Site/Plot Plan; b. Foundation Plan; a Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f. Plumbing and Sewer Plans,- including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and ,~ 2 P\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\SUBTPM16710 5-13 doc D, E,F-174 Project No. SUBTPM18710 Comolehon Date g. Planning Department Project Number (i.e., SUBTPM18710) clearly Identified on the ~--- outside of all plans. • 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _/_/_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and W orkers' Compensation coverage to _/_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. / / 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_/_ Building and Safety Department. F. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number (i.e., SUBTPM18710). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant _/_/_ shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. ~~ 3. The Building and Safety Official shall provide the street addresses after tract/parcel map _/_/_ • recordation and prior to issuance of building permits. 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). G. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistive construction. 2. Provide compliance with the California Building Code for required occupancy separations. _/_/_ 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. / / 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC / / Section 1505. _ -- 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. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_ • 3 I.\P CANNING\FINAL\PLNGCOMM\2008 Res 8 Stf rep\SUBTPM18710 5-13.doc D, E,F-175 Protect No SUBTPM18710 ComoleUOn Date H. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading Standards, and accepted grading practices. _ The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where Improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 60 total feet on Foothill Boulevard 50 total feet on Eitwanda Avenue 2. Corner property line cutoffs shall be dedicated per City Standards. 3. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 4. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 5. All existing easements lying within future rights-of-way shall bequit-claimed or delineated on the final map. 6. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. 7. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet measured from the face of curbs. J. Street Improvements 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. I'\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\SUBTPM18710 5-13 doc _/_/ ~~ -~-~- -~-~- -~-~- -~-~- -~-~- -~~-~ -~-~- -~-~- - -~- -~-~- -~-~- -~-~- -~-~- ~• D, E,F-176 Project No SUBTPM18710 Comolehon Date • 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 permii is.req'uired unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development apprgval 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 Sitle- walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Bike Trail Other Foothill Boulevard X X C X X X X (b) Etiwanda Avenue X X C X X X X (b) 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. 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. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise speafied by the City Engineer. 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. / / -~-~- -~-~- _/_/ -~-~- / / _/_/ -~-~- P\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\SUBTPM18710 513 doc D, E,F-177 Protect No SUBTPM18710 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 City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. I Grow Street Name botanical Name Common Name Space Spacing Size Gty. ~ Ehwanda Avenue '. N/O Foothill Eucalyptus camaltlulensis Red Gum 8' 30' O C 5 Gal Ftll ~', In j Foothill Boulevard '. Activity Centers Lagerstroemia indica Crape Myrtle Hybnd- 3' 15' O C 24' Box Fill 'Muskogee' Lavender Triangular In I Spaang FoothAl Boulevard Prunum blireiana NCN 3' 20' O C. 15 Gal Fill ' Non-Activity Centers Informal In ' Groupings Not More Than 25% of Total '. Frontage ~~.. Trees Non-ACtivny Centers Platanus racemosa California Sycamore e' 35' O C 15 Gal Ftll I Informal In Groupings '~ Ehwanda Avenue ~ N/C Foothill Eucalyptus camaltlulensis Red Gum e' 30' O.C. 5 Gal Fill I In Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. K. Public Maintenance Areas A signed consent and waiver form to Coln and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. Comoletion Date -/-/- _/-/ -/-/- -/-/- ,`~• _/-/ -/-/- ~• I:\PLANNING\FINAL\PLNGCOMM~2008 Res 8 Stf rep\SUBTPM18710 5-13.doc D, E,F-178 Project No SUBTPM18710 2. Parkway landscaping on the following street(s) shall conform to the results of the respective ^. Beautification Master Plan Foothill Boulevard Historic Route 66 Visual Improvement Plan. •L. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. M. Improvement Completion If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: The development of either Parcel 1, 2, 3, or 4. N. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _ Cucamonga Valley W ater District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. O. General Requirements and Approvals Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 2. Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is Involved. 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. • Completion Date -/-/- -/-/- -/-/- -/-/- -/_/. -~-/ -/-~- -/-/- -/-/- -~-/- / / I:\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\SUBTPM18710 5-13 doc D, E,F-179 Protect No. SU8TPM113710 Comolehon Date 4. Prior to approval of the final map, or prior to improvement agreement approval if no map is involved, all Tract Maps, Parcel Maps and public improvement plans shall be submitted to the Engineering Division on a compact disc (CD) in Auto CAD (computer aided design) format. If ~• public improvement plans are completed after map approval, the CD shall be submitted prior to issuance of a construction permit for frontage improvements or a building permit, whichever occurs first. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED l• P\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\SU8TPM18710 5-13.doc D, E,F-180 ,, -°`~, Rancho Cucamonga Fire Protection '~` ~~E District ~r~~ ,~~ ;r `~" Fire Construction Services STANDARD CONDITIONS September 24, 2007 Foothill Gateway Zhongkun Group, Inc. Commercial Multi Tenant Buildings NEC Foothill & Etiwanda SUBTPM18710 & DRC2007-00344 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the i - spacing and location of fire hydrants: • a. The maximum distance between fire hydrants in commerciallindustrial projects is 300- feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire ,District. ~. A minimum of forty-feet (40') from any building. f. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. g. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in the 49,000 sq ft building in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code, as adopted by the Fire District Ordinances. D, E,F-181 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Firewater 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 firewater plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 46, the 2007 California Fire Code andlor any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Commercial or industrial structures greater than 5,000 square feet. 2. Assembly and Educational Occupancy Buildings. 3. "All structures that do not meet Fire District access requirements (see Fire Access). 4. When required fire flow cannot be provided due to inadequate volume or pressure. 5. When buildings do not meet the requirements of the 2007 California Building Code and the RCFPD Fire Department Access -Fire Lane Standard 6. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. RCFPD Ordinance 46, based on use or floor area (or by other adopted codes or standards) ~. requires an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 46, the California Building Code, RCFPD Fire Alarm Standard and/or the California Fire Code. 2. Prior to any removal, remodel, modification and/or additions to the building or suite's fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. 3. Based on the number of sprinkler heads; the sprinkler system is required to monitored by a listed central station fire alarm system. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Lanes Standard. 1. Location of Access: All portions of the structures is~ story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c. The minimum outside turn radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. ~• f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. D, E,F-182 g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from'the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be ' provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. ~. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: a. The gate shall be motorized and slide open horizontally or swing inward. b. All gates must open at the rate of one second for each one-foot of required width. c. When fully open, the minimum width shall be 20-feet. d. Gates are not required to be motorized. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards ~.- shall be included in the architectural plans submitted to B&S for approval. • 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Battery Systems • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Cryogenics • Dry Cleaning Plants • Refrigeration Systems, • Repair Garages • Flammable and Combustible Liquids • Spraying or Dipping Operations • Hazardous Materials • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases . LPG or Gas Fuel Vehicles in Assembly Buildings FSC-11 Hazardous Materials -Submittal to the County of San Bernardino D, E,F-183 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 in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinance FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. (• FCS-14 Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: a. Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no dbstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval.. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided. The access roadway shall comply with the requirements of the RCFPD Fire Larie Standard. (• 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances D, E,F-184 a. Pass through or are located on property not under the control of the applicant; or b. Crosses a property line; or • c. Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan • checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. 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. ~. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER • The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: D, E,F-185 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, (~• at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable ~• to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. ~• D,E,F-186 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 6 Yz" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard 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. • • D, E,F-187 RESOLUTION NO. 08-21 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. DRC2007-00344, FOR THE DEVELOPMENT OF A RETAIL COMMERCIAL CENTER CONSISTING OF 5 BUILDINGS TOTALING 63,000 SQUARE FEET, LOCATED ON THE NORTHEAST CORNER OF FOOTHILL AND ETIWANDA AVENUE, IN THE FOOTHILL BOULEVARD SPECIFIC PLAN SUBAREA 4, COMMUNITY COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-161-02 AND 03. A. Recitals. 1. Charles Joseph Associates filed an application for the approval of Development Review No. DRC2007-00344, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of May 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced meeting on May 14, 2008, including written and oral 'staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located at the northeast corner of Foothill Boulevard and Etiwanda Avenue with a street frontage of 505.28 feet on Foothill Boulevard and 416.18 feet on Etiwanda Avenue, and the 5.35-acre site is vacant and is fairly flat sloping to the south; the property to the north of the subject site is developed with apartments and one single-family residence, zoned Medium Density Residential and Community Commercial respectively; the property to the south consists of vacant land but approved for a commercial retail center zoned Community Commercial; the property to the east is a condominium development that is under construction, zoned Medium Density Residential; and the property to the west is Etiwanda Avenue and vacant, zoned Community Commercial. 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: • a. The proposed project is consistent with the objectives of the General Plan; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and D, E,F-188 PLANNING COMMISSION RESOLUTION NO.08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 2 ~: c. The proposed use is in compliance with each of the applicable provisions of the \ Development Code; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or. welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessmentfor 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, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record ~. before it, finds: (i) that the Mitigated Negative Declaration was prepared incompliance 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 furtherfinds 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 approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. (~ D, E,F-189 ,-- . PLANNING COMMISSION RESOLUTION NO. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 3 Planning Department 1) This application approval is allowed only concurrently with the approval of the related applications Conditional Use Permit DRC2007-00344 and Uniform Sign Program DRC2007-00914. 2) As provided under the City Development Code, Parking Lot Light Standards are limited to a maximum of 15 feet in height including the base. Engineering Department 1) Foothill Boulevard frontage improvements to be in accordance with City "Major Divided Arterial" standards, including dual westbound left-turn lanes (10 feet and 11 feet), 3 westbound thru lanes (11 feet, 11 feet, 11 feet), one bike lane (4 feet) and one right-turn lane (10 feet). ., a) The Foothill Boulevard frontage shall tie designed in accordance with the City adopted Foothill Boulevard Historic Route 66 Visual Improvement Plan including street lights. This designates a "Suburban Parkway Enhancement Area" featuring colored pavement emblazoned with the Route 66 logo, special sidewalk treatment, removal of the existing sidewalk and access ramp and reconstructing per the Foothill Activity Center, artwork, and a historic post and a cable roadway safety barrier. Said enhancement area shall be maintained by the developer and shall be included in the Covenants, Conditions and Restrictions. b) Provide curb and gutter, sidewalk, drive approach, street trees and street lights, as required. c) Provide westbound deceleration/right-tum lane for Foothill Boulevard approaching Etiwanda Avenue. d) Provide or relocate Traffic Signal equipment on Foothill Boulevard. e) Protect the existing raised median along entire Foothill Boulevard with no openings. f) Provide a bike lane along Foothill Boulevard frontage, as required. g) Provide traffic signing and signage and R26(s) signs along Foothill Boulevard frontage, as required. h) Reconstruct existing ramps if ramps do not conform to City Standards. No accent paving within the City right-of-way. • D,E,f-190 PLANNING COMMISSION RESOLUTION NO. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 4 f 2) Etiwanda Avenue to be improved in accordance with City "Secondary" standards including dual southbound left-turn lanes (10 feet and 10 feet), two northbound thru lanes (11 feet and 11 feet), 1 bike lane (4 feet) and one northbound busbaylright-turn lane (12 feet). a) Provide cobble curb and gutter, sidewalk, drive approach, street trees and street lights, as required. b) Provide northbound bus bay/right-turn lanes for Etiwanda Avenue. c) Provide or relocate Traffic Signal equipment in Etiwanda Avenue. d) Provide or protect existing traffic striping and signage, including R26 signs, as required. e) Allow for future access to "Not-A-Part" parcel at the northwest corner of the project. 3) Pavement reconstruction and overlays will be determined during plan check on both Foothill Boulevard and Etiwanda Avenue. 4) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Etiwanda Avenue shall be undergrounded from the first pole off-site south of Foothill Boulevard to - the first pole off-site the northerly project boundary, prior to public '~,• improvement acceptance or occupancy whichever occurs first. All service utility lines crossing Etiwanda Avenue shall be undergrounded. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future development as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 5) All power pole relocations shall be done by Southern California Edison Company. Said relocations shall be paid for and coordinated by the developer. 6) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical, except for the 66 KV electrical) on the opposite side of Etiwanda Avenue shall be paid to the City prior to map approval or issuance of building permits, whichever comes first. The fee shall be one-half the City adopted unit amount times the length of the existing utility lines on the west side of Etiwanda Avenue up to the center of Etiwanda Avenue and Foothill Boulevard 7) An in-lieu fee as reimbursement for the development's share of the currently constructed and extended Foothill Boulevard Median Island ~• shall be paid to the City prior to issuance of building permits or final map approval, whichever comes first. Once the median improvements are accepted by the City, the developer of Tract 16882, W illiam Lyon D, E,F-191 PLANNING COMMISSION RESOLUTION NO. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 5 Homes, may request a reimbursement agreement to recover one-half • the City adopted cost for the construction of the median island from future development as it occurs from either north side or south side of Foothill Boulevard. If the developer fails to submit said reimbursement agreement within 6 months of the median improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. The amount will be determined at the time of reimbursement submittal for review and approval. 8) An in-lieu fee for one-fourth the cost of constructing special pavers within the Foothill Boulevard/Etiwanda Avenue intersection shall be paid to the City prior to final map recordation. The fee amount shall be based on the square footage of the intersection. 9) Provide a drainage report to substantiate that the development will mitigate runoff consistent with the Etiwanda/San Sevaine Drainage Policy. 10) Development within the Etiwanda/San Sevaine Drainage area is responsible for the City's adopted drainage fee (master plan and regional) as well as reimbursement to other development, or the City, for oversizing of drainage facilities as determined by the City Engineer. 11) Development of this site shall comply with Etiwanda/San Sevaine drainage policy and provide for mitigation of developed flows if this site develops priorto the completion ofthe Etiwanda/San Sevaine drainage facilities by both the San Bernardino County Flood Control and the City. Provide a copy of final W ater Quality Management Plan (W OMP) with submittal of grading plans to Building and Safety. WOMP and Grading plans are subject to review by the Building Official. 12) Maintenance of Best Management Practices identified in the WOMP shall be addressed in the project Covenants, Conditions and Restrictions (CC&Rs). 13) Construct appropriate off-site street improvements from transition to existing. Building Department Gradina 1) All City of Rancho Cucamonga standard grading conditions apply. 2) Maintenance of BMPs identified in the WOMP shall be addressed in the project CC&Rs. Environmental Mitigation Air Quality • 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall D, E,F-192 PLANNING COMMISSION RESOLUTION NO. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 6 ~`~ ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) .All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: Re-establish ground cover on the construction site through ~~• • seeding and watering. ` • Pave or apply gravel to any on-site haul roads. • 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 SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent i• (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM~o) emissions, in accordance with SCAQMD Rule 403. D, E,F-193 PLANNING COMMISSION RESOLUTION NO. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 7 ,.°- • 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 facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances; and water heaters. 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 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 archaeological heritage of the area. D, E,F-194 PLANNING COMMISSION RESOLUTION NO. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES, May 14, 2008. Page 8 is - ~ • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County ' Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect' or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. i • 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 to the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RW OCB) daily to reduce PM~o emissions, in accordance with SCAOMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to .a schedule established by the City to reduce PM,p emissions associated with ;. vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. D,E,F-195 PLANNING COMMISSION RESOLUTION N0. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 9 • 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 SCAOMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SW PPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern • California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris orsediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to' prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (name/date) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of • grading permits. D, E,F-196 PLANNING COMMISSION RESOLUTION NO. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 10 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 W QMP 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) A minimum 5-foot high glass or plexiglas wall on the west south and east sides of the Patio for the eastern most commercial building on Foothill Boulevard would provide adequate mitigation. r t 2) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in the first phase where it is not existing and when adjacent to residential use. 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavytrucks used for hauling would exceed 100 daily trips (counting both to and from the (• construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent D, E,F-197 PLANNING COMMISSION RESOLUTION NO. 08-21 DRC2007-00344 -CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 11 feasible, the plan shall denote haul routes that do not pass sensitive • land uses or residential dwellings. BY: 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA 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 14th day of May 2008, by the following vote-to-wit: ~ AYES: COMMISSIONERS: • NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • D,E,F-198 Project File No.: SUBTPM18710, DRC2007-00344, and DRC2007-00914 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the project. The projedt 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 D, E,F-199 Mitigation Monitoring Program SUBTPM18710, DRC2007-00344, and DRC2007-00914 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. • ~~~ i• D, E,F-200 • \J ~_~ O N L a d ti ~ o 0 Q ~ N ~ N N d ~ ~ ~ ~ R d J ~ Q U ~ F_ +•% > O Z A Z v V d Q J U r W c = o V ti Ue O Z N O 4 ~ v a Z o U p c ¢ ti C ~ p z ~ O v d Q ~ C d Vr o 2 r ~ ti ~ ~ J ~ ~ T a ~ m ~ N R Q C ~ z n. m ~ 'a w .. 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'~q " -O -° . c~ ~ ~ °' ~ a ~ m ~ m a ~ `n y m o m a% E . _ E a i ~ c ~ o / a~ a i~- °~~m N o~ y ~= o~ o a i~o ~ ~ ~~~ O 7 d i a C N ~' L _C .E U f0 a i O E m O pj C D) p C L E N U~ E y a~._ E ~° amoc NE B ) m L m' C a me ~ yc° O j N` ~ O N E 'O N~ C N E O N t6 j D W ~ 'C O N d N F U ~ m' '~ a i m ° r-~ E °~ o a ° u o 0 0 ~° m m ~~ E o 2`o>mL 20 m woo am °m °~ Eo$ oUE°~ c m a~ ~o'oo c=°~ ad'"m ti~ ~ 3~ m°°mc~~ '`oFLma°im ~ 3 o m o- N ~ m ' " ~ ~'~'~ ~ JO ~a i~mE; o.m °o -o ~°c m mc~ `nO ° Ea~°o ~~p` ~m~ mo > ~mm m.5 ~ m ~EO N ~ ~ ~ o ~ L L C m C ~ ~ > ~> N .C U y p N p N > > . . O ... r .O. N y U ~ .T ?~ym ~~°'~ m°'m °~ ~~ - E r=n ~ wcoE oE1p~~- ~NZU m m p m`o._ p ~`m a o LyVc H a~ a mo g o no .o c m y~ ~a~ E a ~°aNi~ d 0' m a~mo a~ ~ ` °L ~n ° o_c O u, ~,r-cvi N c} y Q U a Q Q a y C p d O_ p C O O 3 U 0~2 _ ,U mJ ,U mJ .j C y C y C y C ~ ^ ° O v ^ v U 4] U U U O ~ O 0 ^ ~ ~ ^ a C L C t0 ~ C y ~ N ~ y N Uj N N C Qj T C >. C 7 N >. N 'O N T'O _ f0 ~ O N N N U Gl 0 0 ~ >` ~ o L O C y d N p N > '= > N ° °~ °~ - y C ~ 16 a~,~aci~'°°'a~aci O 3E O aci~ p~a iEy~y. a ~~ N > p ~ a i y 0I Q O. CJ d (0 L~ C7 E O N (0 >` N (n ..>.. i O p C '_ N U N y (D riioa.~~°NN~W ~~_._ cm om d3~ a J axioa~>E~m~m=o 'o d ~ a >o s -o !? ~x UmU ~~a E ~ o o~ o ~Ua~^Lm~ °~ ~ OpO~~ ~ m E ~ c i ~ a if0c acocn E ~ 20 md Ly' ~ a= Z E" m E Z L> y" d a o ~~ XV, m..o L c o m K E a~ y 3 we c . ~u~~,~ ~Z ~ o,oo YmE yE~'-m mm~°~~~'~ coi o~ > ~ y .J C y N ~X O C~ ... - d O. ~ C`' ~ ~j y L N .~ y p C O. O. C -~ N~~ .L.. ~? t Q N- C O >. ~ U j a.~ O m j Q) ~ O O. a N~ O~ ~ ~. O W - N d C p y 0' ~ N 0 (O ~ N O>~ y y ~ L O~ d y 0 N C Q) ... u1 C E m L J L~ O (0 O) (n 001_C N9 Lp y OLIl ~O~ 'p^JO~~COO ~'0O 0 U ~ yN. y ~ O O C N f0 OT .-. j L p C 0) O C V! ~ y y C U ` OI C O N m 0 ~E ~ O C ~ O C (D ~ N . `o>~ '~~m° ° o ~ o _ . E~m ~ cO y saa o ~ U U - oo~cEo E r- o°~ E E m w ~ ~E~. _ ma> L°o° 'c'L~9o d >~ m mEo y a _ m oy m d c m> cq 0- Z °~~ o° J ~v `o o m° >, .~ ~~ c m m a :` . O O W ~ ~ O ~ ~ Na N~ C C y^ y E a.. O~OL COL O C N O ~ O _ O ._ N ry d .- ~ t. E O N ol O (n O ` O O y 0 ~ p ~~ O y~ y p T y O O (0 E ~ m` 0 0 ~m ~ ~ m E m ~ o m~ ` i ~ o.La-o~ ~a~ o.a ~i a . ~-o ~~ . C O O .- C L in O. 'D N C aN ~ C~ E C m ~~ - ~ (0 O (n O' ~ ID ~E (9 in O N N N N N- `'O [O ~ y l9 O d y N O- O C , C O ~p ~ y C to N N E O O O a . $ O ' E J E C J~~ O U C G O > y -p ~ J C C N ' D N (0 O O G C '- (0 O O. ~ - L L d y 0^ U~ O~ J] U . O O Q y U O f9 U L C C O ~ n N L O Y U y ~^ C U a y L y~ N E N L y L F- . N ~~ O ~~~ W /• D,E,F-208 • • a Q ° U D) ~ C y C ^ V V O m d O uj N p O~ T~ N '.' ?. ~ ~ L N .° (6 C~ O~~ N N d Tm.O N °1 N N 9 7 D) O C R C ~~~ Y ~ m o ~ L C~ ~ 7 0 0 K~ N U ° C ... O 'D 'O N ... Q) f6 O >. ~°.N NL- O_ C N N N L f0 ~ r O Y~EL_aa°io-°ai~ H " _ ~ OM T'.'-- T L C p (0 ° ~D !6 T'° ~ ~ O N c _~~ ~o'y mp m~ f0 C~ p 0 C ;... L~ ~ ~ y ~ ~ ~ N (n ~°~ N 7 L O O N 1.Q N a y C y d m U y W` O N - ~ C (0 ° C ~ - O N O-.~ ~'U .. ~-O (0 ._ - ~~~ O O~ p O N N ~L 2°~mo>o°~m> >>>o~.°~c°_c S L .C C L N d U° L y h C O .~ .' a a Q y Y V d t U 0 T d Y U 0 m C O V N y Y U C 'm D" N (0 c C t0 a O COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2007-00344 SUBJECT: DEVELOPMENT REVIEW APPLICANT: CHARLES JOSEPH ASSOCIATES NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE - LOCATION: APN: 1100-161-02 AND 03 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: .\. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees maybe required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 08-21, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 b) Notice of Determination - $50 c) Mitigated Negative Declaration - $ 1,926.75 X d) Environmental Impact Report - $2,656.75 f~-1-05 I'\PLANNING\FINAL\PLNGCOMM~2008 Res & Stf rep\DRC2007-00344DR StdCond 5-14 doc Comoletion Date -/-/- -/-/- -/_/. D, E,F-210 Project No. DRC2007-00344 Completion Date B. Time Limits 1. Development 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 _1_/_ 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, the Foothill Boulevard Specific Plan, and the Foothill Boulevard Visual Improvement Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Flre Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. ~. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be _/_/_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-tamily residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. 11. The developer shall submit a construction access plan and schedule for the development of all _/_/_ lots for Planning Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for communityconcerns, hours of construction activity, dust control measures, and security fencing. r• I \PLANNING\FINAL\PLNGCOMM\2008 Res 8 Stf rep\DRC2007-00344DR StdCond 5-14.doc D, E,F-211 Project No. DRC2007-00344 Completion Date D. ~~ Shopping Centers 1. The Master Plan is approved in concept only. Future development for (each building pad/parcel) shall be subject to separate DevelopmenUDesign Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. 2. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Department review and approval prior to the issuance of building permits. 3. Graffiti shall be removed within 72 hours. 4. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of building permits. 5. 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. 6. All future projects within the shopping center shall be designed to be compatible and consistent with the architectural program established. 7. Any outdoor vending machines shall be recessed into the building faces and shall not extend into the pedestrian walkways. The design details shall be reviewed and approved by the Planning Director prior to the issuance of building permits. Building Design All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally Integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. F • 2. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 3. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. I:\PLANNING\FINAL\PLNGCCMM\2008 Res & Stf rep\DRC2007-00344DR StdCond 5-14 doc -/_/. -/-/- / / -/-/- -/-/- -/_/. -/_/. _/_/ -/-/- -/-/- / / -/-/ / / D, E,F-212 Protect No. DRC2007.00344 Completion Date 5. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the r rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. • G. Tri p Reduction 1. Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other _/_/_ non-residential development. 2. Transit improvements such as bus shelters, bus pullouts, and bus pads shall be provided. Bus _/_/_ shelters shall also include a bench, a trash receptacle, and an adjoining bike rack (minimum 3 capacity) on a concrete pad. Bus shelter shall be located outside public right-of-way and shall be privately maintained. H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within _/_/_ commercial and office projects, shall be specimen size trees - 24-inch box or larger. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/_/_ slat Is. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building. h (• / / ~ 5. an 2:1 All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less t _ _ , slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 6. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater _/_/_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft, of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 7. For multi-family residential and non-residential development, property owners are responsible for _/_/_ the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 8. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in _/_/_ the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. J I:\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344DR SttlCond 5-14 doc D,E,F-213 Project No. DRC2007-00344 Completion Date 9. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Etiwanda Avenue. 10. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 11. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Department. 12. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 13. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. Environmental Noise levels shall be monitored after construction to verify the adequacy of the mitigation measures. Noise levels shall be monitored by actual noise level readings taken on- and off-site. A final acoustical report shall be submitted for Planning Director review and approval prior to final occupancy release. The final report shall also make recommendations as to additional mitigation measures to reduce noise levels to below City standards, such as, residential exterior noise levels to below 60 dBA and interior noise attenuation to below 45 dBA. J. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACTTHE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and I:\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344DR StdCond 5-14.doc -/-/- -/-/- _/_/ -/-/- -/-/- -/-/ -/-/- -/-/ D, E,F-214 Project No DRC2007-00344 Completion Date g. Planning Department Project Number (i.e., DRC2007-00034) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. _!_/_• Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to _/_/_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. _/_/_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/_!_ Building and Safety Department. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number (i.e., DRC2007-00034). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant _/~_ shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. The Building and Safety Official shall provide the street addresses after tracUparcel map recordation and prior to issuance of building permits. ~ 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_ through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/_ counter). M. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistive construction. 2. Provide compliance with the California Building Code for required occupancy separations. _/_/_ 3. Provide draft stops in attics, not to exceed 3,000 square feet in accordance with CBC Section _/_/_ 1505. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/_/_ 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/_/_ 6. Upon tenant improvement plan check submittal, additional requirements may be needed. _/_/_ i• 6 I \PLANNING\FINAL\PLNGCOMM\2008 Res & Stt rep\DRC2007-00344DR StdCond 5-14 doc D, E,F-215 Protect No DRC2007-00344 Comoletion Date N. Grading ~'~. • 1. Grading of the subject property shall be in accordance with California Building Code, City Grading _/ / Standards, and accepted grading practices. The final grading plan shall be in substantial _ _ conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / / perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the / / time of application for grading plan check. _ - - 4. The final grading plan, appropriate certifications and compaction reports shall be completed, / / submitted, and approved by the Building and Safety Official prior to the issuance of building _ _ _ permits. 5. A separate grading plan check submittal is required for all new construction projects and for / / existing buildings where improvements being proposed will generate 50 cubic yards or more of _ _ _ combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, _/ / community trails, public paseos, public landscape areas, street trees, traffic signal encroachment _ _ ~~ -. and maintenance, and public drainage facilities as shown on the plans and/or tentative map. • Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from / / street centerline): _ _ _ 60 total feet on Foothill Boulevard / / 50 total feet on Etiwanda Avenue _/_/_ 3. Corner property line cutoffs shall be dedicated per City Standards. _/_/_ 4. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by / / deeds and shall be recorded concurrently with the map or prior to the issuance of building _ _ _ permits, where no map is involved. 5. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint _/ / maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or _ _ deeds and shall be recorded prior to, or concurrent with, the final parcel map. 6. All existing easements lying within future rights-of•way shall be quit-claimed or delineated on the / / final map. --- 7. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be / / dedicated to the City. _ _ _ 8. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 / / feet measured from the face of curbs. --- • I'\PLANNING\FINAL\PLNGCOMM\2008 Res & Stt rep\DRC2007-00344DR StdCond 5-14.doc D, E,F-216 Protect No DRC2007-00344 Completion Date P. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 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 Foothill Boulevard X X C X X X X (b) Etiwanda Avenue X X C X X X X (b) 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. _. 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. b. Prior to any work being pertormed 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 coriduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer -~-~~ -~-~. -/_~_ l• -/_/- -~-~- -~-~- -~-~- I'\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344DR StdCond 5-14 doc D, E,F-217 Protect No DRC2007-00344 Completion Date Notes: • 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-Inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City _/_/_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with _/_/_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be _/_/_ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan _/_/_ check. 5. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / / accordance with the Citys street tree program. --- u 9 L\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep1DRC2007-00344DR StdCOnd 5-74.doc D, E,E-218 Project No DRC2007-00344 Comoletlon Date 6. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size oty. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Oty. Etiwantla Avenue N/O Foothill Eucalyptus camalduiensis Red Gum e' 30' O.C. 5 Gal Fill In Foothill Boulevard Acirvity Centers Lagerstrcemia indica Crape Myrtle Hybrid- 3' 15' O.C 24' Box Fili 'Muskogee' Lavender Triangular In Spacing Foothill Boulevard Prunum blireiana NCN 3' 20' O C 15 Gal Fill Non-ACtiwly Centers Informal In Groupings Not More Than 25 of Total Frontage Trees NomACevrty Centers Platanus racemosa California Sycamore e' 35' O.C. 15 Gal Fill Informal In Groupings Construction Notes for Street Trees: 1) All street trees are to be plantedJn accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. 7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of, sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. Q. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Foothill Boulevard Historic Route 66 Visual Improvement Plan. 10 I:\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344DR SttlCond 5-14 doc -/-/ l • \• -~-~- -~-~- -~-~- i• D, E,F-219 Protect No DRC2007-00344 Comoletion Date R. • S. Drainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. . 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. Improvement Completion If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: The development of either Parcel 1, 2, 3, or 4. T • U. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2 The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley W ater District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies' involved. Approval of the final parcel map will be subject to any requirements that may be received from them. General Requirements and Approvals Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit Issuance if no map is involved. 2. Anon-refundable deposit shall be paid to the Clty, 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. 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 Ciry. 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. 11 I:\PLANNING\FINAL\PLNGCOMM\2D08 Res 8 Stf rep\DRC2007-00344DR StdCond 5-14 doc _/_/. -/_/ -/-/- -/-/- -/-/- ~_/_ -/-/- -/-/- -/-/- / / D, E,F-220 Protect No. DRC2007-00344 Completion Date 4. Prior to approval of the final map, or prior to improvement agreement approval if no map is involved, all Tract Maps, Parcel Maps and public improvement plans shall be submitted to the ~ Engineering Division on a compact disc (CD) in Auto CAD (computer aided design) format. If • public improvement plans are completed after map approval, the CD shall be submitted prior to issuance of a construction permit for frontage improvements or a building permit, whichever occurs first. V. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: W. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_ These areas should be lighted from sunset to 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. _/_/_ X. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. _/~_ 2. ~ Security glazing is recommended on storefront windows to resist window smashes and impede _/_/_ entry to burglars. 3. Security/burglar bars are not recommended, particularly in residences, due to the delay or _/_/__ prevention of a speedy evacuation in case of fire. ~• Y. Building Numbering 1. All developments shall submit an 8 Yz" x 11"sheet with the numbering pattern of all multi-tenant ~_/_ developments to the Police Department. Z. 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. _J_/_ APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED (• 12 I'\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344DR StdCond 5-14.doc D,E,F-221 ~bwo„" ~. Rancho Cucamonga Fire Protection `~' District mH~r '~~ Fire Construction Services STANDARD CONDITIONS September 24, 2007 Foothill Gateway Zhongkun Group, Inc. Commercial Multi Tenant Buildings NEC Foothill & Etiwanda SUBTPM18710 & DRC2007-00344 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300- feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. f. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. g. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in the 49,000 sq ft building in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code, as adopted by the Fire District Ordinances. D, E,F-222 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire ,.--. hydrants on adjacent property shall not be used to provide required fire flow. ,' • 4. Firewater 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 firewater plans are approved. , 5. On all site plans to be submitted for review,.show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems . Rancho Cucamonga Fire District Ordinance 46, the 2007 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: i. Commercial or industrial structures greater than 5,000 square feet. 2. Assembly and Educatiqnal Occupancy Buildings. 3. "All structures that do not meet Fire District access requirements (see Fire Access). 4. When required fire flow cannot be provided due to inadequate volume or pressure. 5. When buildings do not meet the requirements of the 2007 California Building Code and the RCFPD Fire Department Access -Fire Lane Standard 6. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. RCFPD Ordinance 46, based on use or floor area (or by other adopted codes or standards) ' • requires an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 46, the California Building Code, RCFPD Fire Alarm Standard and/or the California Fire Code. 2. Prior to any removal, remodel, modification and/or additions to the building or suite's fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. 3. Based on the number of sprinkler heads; the sprinkler system is required to monitored by a listed central station fire alarm system. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Lanes Standard. 1. Location of Access: All portions of the structures 15' story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a.- The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c. The minimum outside turn radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. ;;• e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. D, E,F-223 g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: , a. The gate shall be motorized and slide open horizontally or swing inward. b. All gates must open at the rate of one second for each one-foot of required width. c. When fully open, the minimum width shall be 20-feet. d. Gates are not required to be motorized. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. l • 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. Battery Systems • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Cryogenics • Dry Cleaning Plants • Refrigeration Systems , • Repair Garages • Flammable and Combustible Liquids • Spraying or Dipping Operations • Hazardous Materials • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases LPG or Gas Fuel Vehicles in Assembly Buildings FSC-11 Hazardous Materials -Submittal to the County of San Bernardino D, E,F-224 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 propertv which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates' and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinance FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for I'• Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: a. Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided. The access roadway shall comply with the , (• requirements of the RCFPD Fire Lane Standard. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances D, E,F-225 4 a. Pass through or are located on property not under the control of the applicant; or b. Crosses a property line; or c. Provide service to adjacent properties; or d: Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement sha!! meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the .site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: D, E,F-226 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho " " ~ Cucamonga Engineering Standard Plan 134, Installation of Reflective Hydrant Markers . • On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire ;' access roadways must be installed in accordance with the approved plans and acceptable • to Fire Construction Services. The CC&R's, the reciprocal agreement, and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services %• Inspector. D, E,F-227 b 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8'/z" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard 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. • • D, E,F-228 RESOLUTION NO. 08-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO DRC2007-00344, FOR THE DEVELOPMENT OF A RETAIL COMMERCIAL CENTER CONSISTING OF 5 BUILDINGS TOTALING 63,000 SQUARE FEET, LOCATED ON THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE, IN THE FOOTHILL BOULEVARD SPECIFIC PLAN SUBAREA 4, COMMUNITY COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100-161-02 AND 03. A. Recitals. 1. Charles Joseph Associates filed an application for the issuance of Conditional Use Permit No. DRC2007-00344, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 14 day of May 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. ' Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 14, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the northeast corner of Foothill Boulevard and Etiwanda Avenue with a street frontage of 505.28 feet on Foothill Boulevard and 416.18 feet on Etiwanda Avenue, and the 5.35-acre site is vacant and is fairly flat sloping to the south; the property to the north of the subject site is developed with apartments and one single-family residence, zoned Medium Density Residential and Community Commercial respectively; the property to the south consists of vacant land but approved for a commercial retail center zoned Community Commercial; the property to the east is a condominium development that is under construction, zoned Medium Density Residential; and the property to the west is Etiwanda Avenue and vacant, zoned Community Commercial. 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 use 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. • b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. D, E,F-229 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 2 c. The proposed use complies with each of the applicable- provisions of the Development Code. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence thatthe 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, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. (~ b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission furtherfinds ,- 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 approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) This application approval is allowed only concurrently with the approval of the related applications for Development Review DRC2007-00344 f• and Uniform Sign Program DRC2007-00914. D, E,F-230 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 3 2) Signs shall be limited to the requirements of the Uniform Sign Program DRC2007-00914 and the sign code. 3) As provided under the City Development Code, Parking Lot Light Standards are limited to a maximum of 15 feet in height including the base. Enoineerina Department 1) Foothill Boulevard frontage improvements to be in accordance with City "Major Divided Arterial" standards, including dual westbound left-turn lanes (10 feet and 11 feet), 3 westbound thru lanes (11 feet, 11 feet, 11 feet), one bike lane (4 feet) and one right-turn lane (10 feet). a) The Foothill Boulevard frontage shall be designed in accordance with the City adopted Foothill Boulevard Historic Route 66 Visual Improvement Plan including street lights. This designates a "Suburban Parkway Enhancement Area" featuring colored pavement emblazoned with the Route 66 logo, special sidewalk treatment, removal of the existing sidewalk and access ramp and reconstructing per the Foothill Activity Center, artwork, and a historic post and a cable roadway safety barrier. Said enhancement area shall be maintained by the developer and shall be included in the Covenants, Conditions and Restrictions. b) Provide curb and gutter, sidewalk, drive approach, street trees and street lights, as required. c) Provide westbound deceleration/right-turn lane for Foothill Boulevard approaching Etiwanda Avenue. d) Provide or relocate Traffic Signal equipmenton Foothill Boulevard. e) Protect the existing raised median along entire Foothill Boulevard with no openings. f) Provide a bike lane along Foothill Boulevard frontage, as required. g) Provide traffic signing and signage and R26(s) signs along Foothill Boulevard frontage, as required. h) Reconstruct existing ramps if ramps do not conform to City Standards. No accent paving within the City right-of-way. 2) Etiwanda Avenue to be improved in accordance with City "Secondary" • standards including dual southbound left-turn lanes (10 feet and 10 feet), two northbound thru lanes (11 feet and 11 feet), 1 bike lane (4 feet) and one northbound busbay/right-turn lane (12 feet). D, E,F-231 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 4 i• a) Provide cobble curb and gutter, sidewalk, drive approach, street trees and street lights, as required. b) ,Provide northbound bus bay/right-turn lanes for Etiwanda Avenue. c) Provide or relocate Traffic Signal equipment in Etiwanda Avenue. d) Provide or protect existing traffic striping and signage, including R26 signs, as required. e) Allow for future access to "Not-A-Part" parcel at the northwest corner of the project. 3) Pavement reconstruction and overlays will be determined during plan check on both Foothill Boulevard and Etiwanda Avenue. 4) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Etiwanda Avenue shall be undergrounded from the first pole off-site south of Foothill Boulevard to the first pole off-site the northerly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. All service utility lines crossing Etiwanda Avenue shall be undergrounded. The developer may request a reimbursement agreement to recover one-half the City adopted cost for undergrounding from future ~• development as it occurs on the opposite side of the street. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 5) All power pole relocations shall be done by Southern California Edison Company. Said relocations shall be paid for and coordinated by the developer. 6) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical, except for the 66 KV electrical) on the opposite side of Etiwanda Avenue shall be paid to the City prior to map approval or issuance of building permits, whichever comes first. The fee shall be one-half the City adopted unit amount times the length of the existing utility lines on the west side of Etiwanda Avenue up to the center of Etiwanda Avenue and Foothill Boulevard 7) An in-lieu fee as reimbursement for the development's share of the currently constructed and extended Foothill Boulevard Median Island shall be paid to the City prior to issuance of building permits or final map approval, whichever comes first. Once the median improvements are accepted by the City, the developer of Tract 16882, William Lyon Homes, may request a reimbursement agreement to recover one-half the City adopted cost for the construction of the median island from '• future development as it occurs from either north side or south side of Foothill Boulevard. If the developer fails to submit said reimbursement D, E,F-232 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 5 agreement within 6 months of the median improvements being accepted by the City, all rights of the developerto reimbursement shall terminate. The amount will be determined at the time of reimbursement submittal for review and approval. 8) An in-lieu fee for one=fourth the cost of constructing special pavers within the Foothill Boulevard/Etiwanda Avenue intersection shall be paid to the City prior to final map recordation. The fee amount shall be based on the square footage of the intersection. 9) Provide a drainage report to substantiate that the development will mitigate runoff consistent with the Etiwanda/San Sevaine Drainage Policy, 10) Development within the Etiwanda/San Sevaine Drainage area is responsible for the City's adopted drainage fee (master plan and regional) as well as reimbursement to other development, or the City, for oversizing of drainage facilities as determined by the City Engineer. 11) Development of this site shall comply with Etiwanda/San Sevaine drainage policy and provide for mitigation of developed flows if this site _ develops prior to the completion of the Etiwanda/San Sevaine drainage facilities by both the San Bernardino County Flood Control and the City. Provide a copy of final Water Oualiiy Management Plan (W OMP) with submittal of grading plans to Building and Safety. WQMP and Grading plans are subject to review by the Building Official. 12) Maintenance of Best Management Practices identified in the WQMP shall be addressed in the project Covenants, Conditions and Restrictions. 13) Construct appropriate off-site street improvements from transition to existing. 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, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction D, E,F-233 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 6 measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards ' noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand orhigh-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall complywith SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Re-establish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • 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 SCAQMD Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. ~• ,'• t• D, E,F-234 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 7 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipmentwhen not in use. 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 13) All industrial and commercial site tenants with_50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. 14) All residential and commercial structures shall be required to incorporate high efficiency/low polluting heating, air conditioning, appliances, and water heaters. • 15) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 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 archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following • appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources D, E,F-235 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 8 within the project area. Submit one copy of the completed report, with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAOMD and RW OCB) daily to reduce PM,o emissions, in accordance with SCAOMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon 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. ~• (• ~• D, E,F-236 PLANNING COMMISSION RESOLUTION NO.08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES 'May 14, 2008 Page 9 • 4) Chemical soil-stabilizers (approved by SCAOMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,o emissions. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval, Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or • off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (name/date) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. • 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce D, E,F-237 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 Page 10 pollutants into the storm drain system to the maximum extent practicable. The WOMP shall identifythe 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 W aste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) A minimum 5-foot high glass or Plexiglas wall on the west south and east sides of the Patio for the eastern most commercial building on Foothill Boulevard would provide adequate mitigation. 2) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times maybe required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in the first phase where it is not existing and when adjacent to residential use. 5) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday.. Additionally, if heavytrucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. >~ i • (• D,E,F-238 PLANNING COMMISSION RESOLUTION NO. 08-22 DRC2007-00344 CHARLES JOSEPH ASSOCIATES May 14, 2008 ,-^~ Page 11 • The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008. 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 14th day of May 2008, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT:. COMMISSIONERS: • D, E,F-239 • City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: SUBTPM18710, DRC2007-00344, and DRC2007-00914 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessaryto ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. • 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City 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 D, E,F-240 Mitigation Monitoring Program SUBTPM18710, DRC2007-00344, and DRC2007-00914 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the Citystaff'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. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. ~• 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 plan ner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached ~. hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. l~ D,E,F-241 i • i~ FN.. 1.1. a 0 ,~,^ V! J Q H Z v I"~ J Y U I!J U Z O F- Z O C R .Q Q Q v Z O v H ~ Q ~ c~ n G ~ C 0 z d LL .. 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C L a = O ~ f/J O^ U N d U 7 0 ~ O ~O m U O Z~ 0 0 Q W U O O U (9 U L C C p O~ O N ~O O U) L D (0 N ( U Ul ~^ G U a N L N ~ y ( p S N L nL F 3 ~ . (6 t~ i 6 O W ,• l\ u, e,r-z4a • • a C 0 U O) C N j C O ~ U O m d N (6 O = T N O ... (6 C O N L j ~ L N ° p f0 ~ (4 a io a aci,~c ~` N 2] N N 01 ~ O .O O ~ O. O C ~ C :J C N C N ~ Y :.. N O C O L C V1 j~ y N K~ Vi V O ~_ .` O 'O ~ N ~ OI p ~ a E > NL.. p C .C y 01 N o_ C d (6 N E N m O.F ?i 'O Y .C .... «~ ~ fh T'= _T ~- C O ,f0 O (D ~ ?~ ~ N ~ N ~ C N N ~ ~ ~ ~ m~ m o°O c °'Qr ~v, N`0 ='~O p -° E~u~ N E - o~~ Lp O a i TQ N ~ d III V y N G N O N t N O y ~ K C > 0~ N O ` ~ C N N O V - ~~ (n O p p p p N (9 L O ~ ~ C ~ N 0) ~ ~ ~ o'~ "- ~ I p a N d > ~ O-'- 7 ~ C N C S L .C C L N d 00 ~ y y C O .~ .~ a Q Vi Y V d L U T d Y U O (6 C O V N O rn COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2007-00344 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: CHARLES JOSEPH ASSOCIATES NORTHEAST CORNER OF FOOTHILL BOULEVARD AND ETIWANDA AVENUE - LOCATION: APN: 1100-161-02 AND 03 ALL OF THE FOLLOWING CONDITIONS APPL Y TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: .~. General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's tees which the City, its agents, officers, or employees maybe required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 08-22, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary priorto the Planning Commission or Planning Director hearing: a) Notice of Exemption - $50 b) Notice of Determination - $50 c) Mitigated Negative Declaration - $ 1,926.75 X d) Environmental Impact Report - $2,656.75 SC-1-OS Completion Date -/-/- -/-/- -/-/- 11PLANNING\FINAL\PLNGCOMM\2008 Res 8 Stt rep\DRC2007-00344CUP StdCond 5-14.doc D,E,F-251 Project No. DRC2007-00344 Completion Date B. Time Limits 1. Conditional Use Permit, Variance, or DevelopmenUDesign Review approval shall expire if _/_/ l• 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. 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. 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 priorto the issuance of building permits. 4. Approval of this request shall not waive compliance with all sections of the Development Code, all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 5. 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. 6. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and _/_/_, the number of trash receptacles shall be subject to Planning Director review and approval priorto • the issuance of building permits. 7. 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. 8. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. 9. All parkways, open areas, and landscaping shall be permanently maintained by the property _/_/_ owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and City Engineer review and approved priorto the issuance of building permits. D. Sh opping Centers 1. The Master Plan is approved in concept only. Future development for (each building pad/parcel) _/_/_ shall be subject to separate Development/Design Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. 2. A uniform hardscape and street furniture design including seating benches, trash receptacles, _/_/_ free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Department review and approval priorto the issuance of building permits. • P\PLANNING\FINAUPLNGCOMM~2008 Res & Stt rep\DRC2007-00344CUP StdCond 5-14 doc D, E,F-252 Project No DRC2007-00344 Completion Date 3. Provide for the following design features in each trash enclosure, to the satisfaction of the / / • Planning Director: a A hit t ll i --- . rc ec ura y ntegrated into the design of (the shopping center/the project). _/_/_ b. Separate pedestrian access that does not require the opening of the main doors and to / / include self-closing pedestrian doors. _ _ _ c. Large enough to accommodate two trash bins. / / d. Roll-up doors. / / e. Trash bins with counter-weighted lids. / / f. Architecturally treated overhead shade trellis. / / g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed _/ / to be hidden from view. _ _ 4. Trash collection shall occur between the hours of 7 a.m. and 7 p.m. only. _/_/_ 5. Graffiti shall be removed within 72 hours. _/_/ 6. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / / debris remain for more than 24 hours. --- 7. Signs shall be conveniently posted for "no overnight parking" and for "employee parking only." _/_/_ , 8. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level • All commercial activities shall not create any noise that would exceed an _/_/_ • exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 d6 during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or / / other handling of boxes, crates, containers, building materials, garbage cans, or other _ _ _ similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 9. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. _/ / They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination _ _ thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of building permits. 10. 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. 11. All future projects within the shopping center shall be designed to be compatible and consistent / / with the architectural program established. --- 12. Any outdoor vending machines shall be recessed into the building faces and shall not extend into / / the pedestrian walkways. The design details shall be reviewed and approved by the Planning _ _ _ Director prior to the issuance of building permits. E. Bui lding Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or rojections h ll b hi ld d f _/_/_ p , s a e s e e rom view and the sound buffered from adjacent properties and 1.\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344CUP StdCOntl 5-14 doc D,E,f-253 'Project No. DRC2007-00344 Completion Date streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main _/_/_ building colors. F. Pa rking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. W hen a side of any parking space abuts _/~_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided _/_/_ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards. ' 5. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/~_ parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 6. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more ~~_ parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. -. '• G. Tri p Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. W arehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 2. Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other _/_/_ non-residential development. 3. Transit improvements such as bus shelters, bus pullouts, and bus pads shall be provided. Bus _/_/_ shelters shall also include a bench, a trash receptacle, and an adjoining bike rack (minimum 3 capacity) on a concrete pad. Bus shelter shall be located outside public right-of-way and shall be privately maintained. H. Landscaping - 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. i,• I:\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344CUP StdCond 5-14.doc D,E,F-254 Project No DRC2007-00344 Completion Dete • 2. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within commercial and office projects, shall be specimen size trees - 24-inch box or larger. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stal Is. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 5. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 6. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 7. For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way.'All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 8. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Department. 9. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Foothill Boulevard and Etiwanda Avenue. 10. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 11. Tree maintenance criteria shall be developed and submitted for Planning Director review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 12. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. Other Agencies The applicant shall contact the U.S. Postal Service to determine the appropriate type and location• of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of building permits. • -~-~- -~-~- -~-~- -~-~- -~-~- -~-~- ~-/_ -~-~ -~-~- -~-~- -~-~- -~_/. I'\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344CUP StdCond 5-14.doc D, E,F-255 Project No DRC2007-00344 APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 60 total feet on Foothill Boulevard 50 total feet on Etiwanda Avenue 2. Corner property line cutoffs shall be dedicated per City Standards. 3. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 4. Reciprocal parking agreements for all parcels and maintenance agreements ensuririg joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 5. Easements for public sidewalks andlor street trees placed outside the public right-of-way shall be dedicated to the City. 6. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet measured from the face of curbs. K. Street Improvements 1. All public improvements (interior streets, drainage facilities, communitytrails, paseos, landscaped areas, etc.) shown on the plans andlor 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: Streei Name Curb & Gutter A.C. Pvmt Side- walk Drive Appr. Street Lights Street Trees Comm Trail Metlian Island Bike Trail Other Foothill Boulevard X X C X X X X (b) Etiwanda Avenue X X C X X X X (b) 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.. I:\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344CUP StdCond 5-14.doc Completion Date F~ _/_!_ / / / / -~-~- -~-~- / / / / _/_/_~~ / / -~-~- D, E,F-256 • • Protect N o DRC2007-00344 Comoletron Date 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. b. Prior to any work being performed in public right-of-way, fees shall be paid and a / / construction permit shall be obtained from the City Engineer's Office in addition to any _ _ _ other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and / / interconnect conduit shall be installed to the satisfaction of the City Engineer. _ _ _ d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction _ / / project along major or secondary streets and at intersections for future traffic signals and __ _ _ interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 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. --- I'\PLANNING\FINAL\PLNGCOMM\2008 Res & Stf rep\DRC2007-00344CUP StdCond 5-14.doc D, E,F-257 Project No. DRC2007-00344 Completiori Date 6. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name .Space Spacing Size oty. Min. Grow Street Name Botanical Name Common Name Spaee Spacing Size Gty. E6wanda Avenue N/O Foothill Eucalyptus camaltlulensls Red Gum a' 30' O.C 5 Gal Fill In Foothill Boulevartl Activity Centers Lagerstroemia mdica Crape Myrtle Hybritl- 3' 15' O C 24' Box Fill 'Muskogee' Lavender Triangular In Spacing Foothill Boulevartl Prunum blireiana NCN 3' 20' O C. 15 Gai Fill Non-ACavity Centers Informal In Groupings Not More Than 25 of Total Frontage Trees Non-Activity Centers Platanus racemosa CaOfornia Sycamore a' 35' O C 15 Gal Fill Informal In Groupings Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. , Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. L. Public Maintenance Areas A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Foothill Boulevard Historic Route 66 Visual Improvement Plan. -~-~ ~, . r • 1 ~• / / r• I:\PLANNING\FINAL\PLNGCOMM~2008 Res & Stf rep\DRC2007-00344CUP StdCond 5-14.doc D,E,F-258 Project No. DRC2007-00344 Completion Date ~~M. • Drainage and Flood Control A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. Adequate provisions shall be made for acceptance and disposal of surtace drainage entering the property from adjacent areas. N. ~' Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley W ater District (CVW D), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into one parcel prior to issuance of building permits. 2. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 3. 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. 4. 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. 5. Prior to approval of the final map, or prior to improvement agreement approval if no map is involved, all Tract Maps, Parcel Maps and public improvement plans shall be submitted to the Engineering Division on a compact disc (CD) in Auto CAD (computer aided design) format. If public improvement plans are completed after map approval, the CD shall be submitted prior to issuance of a construction permit for frontage improvements or a building permit, whichever occurs first. -~-~- -~-~- -~-~. -~-~- -~-~- -~-~- -~-~- -~-~- -~-~- -~-~- L\PLANNING\FINAL\PLNGCOMM\2008 Res & St} rep\DRC2007-00344CUP SttlCond 5-14.doc D, E,F-259 Project No. DRC2007-00344 Completion Date APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ~• P. 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. _/_/_ Q. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. - _/_/_ 2. Security glazing is recommended on storefront windows to resist window smashes and impede _/_/_ entry to burglars. 3. Security/burglar bars are not recommended, particularly in residences, due to the delay or _/_/_ prevention of a speedy evacuation in case of fire. R. Building Numbering 1. All developments shall submit an 8 Yz" x 11"sheet with the numbering pattern of all multi-tenant _/_/_ developments to the Police Department. ' 1• S. 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 i• 10 L\PLANNING\FINAL\PLNGCOMM\2006 Res 8 Stf rep\DRC2007-00344CUP SidCond B-14.doc D, E,F-260 ~. ....,a --~ Rancho Cucamonga Fire Protection ~, ~ District -~ Fire Construction Services STANDARD CONDITIONS September 24, 2007 Foothill Gateway Zhongkun Group, Inc. Commercial Multi Tenant Buildings NEC Foothill & Etiwanda SUBTPM18710 & DRC2007-00344 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300- feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: 1. At the entrance(s).to acommercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. f. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. ~. 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 2000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in the 49,000 sq ft building in accordance with NFPA 13 with central • station monitoring. This requirement is made in accordance with the California Fire Code, as adopted by the Fire District Ordinances. D, E,E-261 Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. ~-• Firewater 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 firewater plans are approved. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 46, the 2007 California Fire Code andlor any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Commercial or industrial structures greater than 5,000 square feet. 2. Assembly and Educational Occupancy Buildings. 3. "All structures that do not meet Fire District access requirements (see Fire Access). 4. When required fire flow cannot be provided due to inadequate volume or pressure. 5. When buildings do not meet the requirements of the 2007 California Building Code and the RCFPD Fire Department Access -Fire Lane Standard 6. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. RCFPD Ordinance 46, based on use or floor area (or by other adopted codes or standards) ;;• requires an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 46, the California Building Code, RCFPD Fire Alarm Standard and/or the California Fire Code. 2. Prior to any removal, remodel, modification and/or additions to the building or suite's fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. 3. Based on the number of sprinkler heads; the sprinkler system is required to monitored by a listed central station fire alarm system. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Lanes Standard. 1. Location of Access: All portions of the structures is` story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c. The minimum outside turn radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. ,.• e. The minimum vertical clearance is t4-feet, 6-inches. ~ f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. D, E,F-262 g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. _ h. The maximum grade of the driving surface shall not exceed 12%. • i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus: 3. .Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: " Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: a. The gate shall be motorized and slide open horizontally or swing inward. b. All gates must open at the rate of one second for each one-foot of required width. c. When fully open, the minimum width shall be 20-feet. d. Gates are not required to be motorized. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable; must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Battery Systems • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Cryogenics • Dry Cleaning Plants • Refrigeration Systems • Repair Garages • Flammable and Combustible Liquids • Spraying or Dipping Operations • Hazardous Materials • Tents, Canopies and/or Air Supported Structures ~• Liquefied Petroleum Gases LPG or Gas Fuel Vehicles in Assembly Buildings FSC-11 Hazardous Materials -Submittal to the County of San Bernardino D, E,F-263 S 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 in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials -Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinance FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. , • FCS-14 Map Recordation 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access: a. Is located on property which is not under the control of the applicant; or b. Crosses a property line; or c. Is shared by multiple owners; or d. Is located on common space under the control of an owner's association Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided. The access roadway shall comply with the • requirements of the RCFPD Fire Lane Standard. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances D,E,F-264 a. Pass through or are located on property not under the control of the applicant; or .--~, b. Crosses a property line; or • c. Provide service to adjacent properties; or d. Is located on common space under the control of an owner's association; or e. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS -Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, tlow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER ~• The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION -Please complete the following: D, E,F-265 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". - ~ On private property, the markers shall be installed at the centerline of the fire access road, • at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. - 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular . gates must be inspected, tested and accepted in accordance with RCFPD Standards. 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 andlor other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non- illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector • . D, E,F-266 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 Yz" x 1 1 " or 11 " x 17" site plan of the site in accordance with RCFPD Standard 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. • l J D, E,F-267 Staff Report DATE: May 14, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Rina Leung, Senior Planner SUBJECT: ORDINANCE REGARDING TEMPORARY SIGNS DRC2007-00495 -CITY OF RANCHO CUCAMONGA - An amendment to Sections 14.08.350, 14.16.010(P), and 16.14.020 and adding Chapter 14.25 to the Municipal Code concerning temporary signs. This action is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines. If approved by the Planning Commission, this item will be forwarded to.the City Council for final action. • BACKGROUND/PROPOSAL: This item was considered at the January 9, 2008, Planning Commission hearing. After receiving the staff report and public testimony on January 9, 2008, the Commission voted to recommend approval of the Ordinance with a modification, which increased the number of permitted temporary signs from one to two signs per parcel. The tables below depict the standards recommended by the Planning Commission at the January 9, 2008 hearing. PLANNING COMMISSION RECOMMENDED STANDARDS: Table 1: Political Si ns Existing Planning Commission Recommended Location in the Separate section Political signs included in "temporary signs Munici al Code on rivate pro ert " Display period 30 days prior to election and 10 days 45 days prior to election and 10 days after after Size per side 32 square feet Residential - 6 s uare feet Non-residential 32 s uare feet Maximum hei ht 6-foot maximum N/A Placement Not to be fixed to a tree, fence, or Private property only utility pole, and shall not be posted on any public property or right-of-way without approval of the City Engineering Department • ITEM G PLANNING COMMISSION STAFF REPORT DRC2007-00495 -TEMPORARY SIGN ORDINANCE May 14, 2008 Page 2 • Table 2: Prohibited Signs Existin Plannin Commission Recommended Off-site Prohibited, except temporary Prohibited, except signs with approval tern ora si ns subdivision directional si ns from a governmental agency Signs in the Prohibited, except temporary public right-of- subdivision directional and political signs. Signs must have approval from way a governmental agent . Table 3: Tern ovary Signs on Private Property -. Existing Planning Commission Recommended Dis la eriod None 45 da s rior to event and 10 da s after Size per side Residential - 6 square feet Non-residential - 32 s uare feet Number Two signs per arcel After Planning Commission review on January 9, 2008, the item progressed to a City Council hearing for final consideration on February 20, 2008. During this meeting, the City Council stated that the Ordinance woul~ be improved if it included provisions for allowing temporary signs in the right-of-way; therefore, the item wa continued to develop these standards and to revise the Ordinance. At the end of the February 20, 2008 hearing, the City Council voted to bring the item to the City Council Temporary Sign Subcommittee (Council Members Sam Spagnolo and Rex Gutierrez) for revisions. After Temporary Sign Subcommittee review, the item would then return back to the Planning Commission for consideration of the revised Ordinance. ANALYSIS: This proposed Temporary Sign Ordinance revised the existing Political Sign Section in the Municipal Code to modify the time period for display and decrease the maximum size of a political sign to 6 square feet for residential properties. Although the City Council approved a Yard Sale Ordinance on June 20, 2007, to adopt standards for conducting yard sales, it did not include standards for yard sale signage. The proposed revised Ordinance addresses yard sale signs as temporary signs on private property with restrictions with respect to duration, size limits, and number. In addition, this revised Ordinance also includes provisions for political and temporary directional signs. The following tables compare/contrast the proposed revised temporary sign standards with the Planning Commission standards approved on January 9, 2008. • G-2 PLANNING COMMISSION STAFF REPORT DRC2007-00495 -TEMPORARY SIGN ORDINANCE May 14, 2008 • Page 3 u Table 4: PROPOSED REVISED STANDARDS: Political Signs Planning Commission Proposed Recommended Location in the in Included in "temporary signs on Stand alone section not in "temporary sign Municipal Code private ropert " on rivate property' section Display period 45 days prior to election and 10 days 45 days prior to election and 7 days after after Size per side Residential - 6 square feet Non-residential - 32 s uare feet Maximum height N!A 8-foot maximum Placement Private property only. Not to be fixed to a tree, fence, or utility pole, and shall not be posted on any public property or right-of-way without approval of the City Engineering Department. Also, allowed on private property. Table 5: Prohibited Signs Planning Commission Proposed Recommended Off-site Prohibited, except signs with approval Prohibited, except temporary directional tem ovary signs from a governmental agency signs Signs in the public right-of- Prohibited, except temporary directional and political signs way Table 6: Temporary Signs on Private Property Planning Commission Proposed Recommended Display period 45 days prior to event and 10 days 45 days prior to event and 10 days after after Size per side Residential - 6 square feet Residential - 6 square feet Non-residential - 32 s uare feet Non-residential - 32 s uare feet Number Two signs per arcel One sign per arcel G-3 PLANNING COMMISSION STAFF REPORT DRC2007-00495 -TEMPORARY SIGN ORDINANCE May 14, 2008 Page 4 • Past Meetings/Milestones: i February 21, 2007, City Council Discussion: The City Council discussed political sign Ordinances from neighboring cities. The City Council appointed Council Members Spagnolo and Gutierrez as subcommittee members and concluded the discussion by directing the subcommittee to study the issue. April 11, 2007, City Council Subcommittee Meeting: The City Council subcommittee members were presented with a Memorandum prepared by the City Attorney's office that provided legal guidance as it relates to developing a Temporary Sign Ordinance. The City Council subcommittee directed that the City Attorney draft an Ordinance. • May 8, 2007, City Council Subcommittee Meeting: The City Council subcommittee members were presented with a draft Temporary Sign Ordinance and recommended that it move fonrvard to the City Council as a study session item. :• July 18, 2007, City Council Discussion: The City Council was presented with a draft Temporary Sign Ordinance. At the conclusion of the meeting, the City Council forvvarded the Ordinance to the Planning Commission. ~.• September 26, 2007, Planning Commission Hearing: The Planning Commission was presented with the draft Temporary Sign Ordinance. Public testimony was taken regarding the Ordinance. Th majority of the concerns were voiced by real estate agents. The comments included the timeframe~ and restrictions used for political signs versus real estate signs; the definition of "public right-of-wad' and "easement" and the placement of real estate signs within them; and the effect of sign restrictions on their ability to do business. The item was continued to the November 14, 2007, hearing in order to allow time for staff to perform a community outreach followed by a public workshop. •:• November 13, 2007, Public Workshop: Discussion was held regarding the Temporary Sign Ordinance. Staff conducted this workshop where the same concerns were voiced by small business owners and real estate agents. The participants made a few suggestions for enforcement such as a bond program and aself-policing program for political signs. •3 December 12, 2007, Planning Commission Hearing. After receiving the staff report and public testimony, Staff informed the Commission that the item would return to the City Council subcommittee in order to comment on the public outreach effort. • December 19, 2007, City Council Subcommittee Meeting: The Committee commented on the fact that prohibition of signage in the public right-of-way is not new. Also, the Committee stated that cardboard signs attached to utility poles and trees negatively impact the aesthetics of the community. The Committee ended by stating that it was important to move forward with the Ordinance because it will enable Code Enforcement Department to address issues with temporary signage throughout the City. The subcommittee recommended it be referred back to the Planning Commission with no changes. January 9, 2007, Planning Commission Hearing: After receiving the staff report and public testimony, the Commission voted to recommend approval of the Ordinance with a modification, which increased the number of permitted temporary signs from one to two signs per parcel, which has been added t~ G-4 PLANNING COMMISSION STAFF REPORT DRC2007-00495 -TEMPORARY SIGN ORDINANCE May 14, 2008 • Page 5 the proposed Ordinance. In addition to the increase in the number of temporary political signs, they recommended that a policy be drafted to inform political candidates of the new temporary sign regulations. This policy would also advise the candidates to adhere to the new Municipal Code changes. February 20, 2008, City Council Hearing: The City Council was presented with a staff report and Ordinance. After receiving staffs report and public testimony, the City Council stated that the Ordinance would be improved if it included provisions for allowing temporary signs in the right-of-way; therefore, the item was continued to develop these standards. March 13, 2008, City Council Subcommittee Meeting: The City Council subcommittee requested that staff research the City of Hemet's policy/standards regarding hand-held signs. o~ March 25, 2008, City Council Subcommitfee Meeting: The City Council subcommittee was presented with the City of Hemet's standards as it relates to hand-held signs. They also developed provisions that addressed temporary signs in the right-of-way. April 2, 2008, City Council Discussion: The City Council was presented with the draft provisions that permitted temporary signs in the public right-of-way. They were also presented with the.City of Hemet's policy regarding hand-held signs. During this meeting, a concern that these standards were a lessening of the restrictions was expressed; thus, the City Council did not support the standards that • permitted all types of temporary signs in the public right-of-way and requested that the Ordinance be revised. o~ April 16, 2008, City Council Subcommittee Meeting: The City Council subcommittee was presented with the revised Ordinance. After reviewing the revised Ordinance, the City Council subcommittee expressed their support and recommended that it move forward to the full Council for an informal review. The City Council subcommittee decided to not address animated signs at this time since the standards are located in another section of the Municipal Code. If the City Council would like to revise the Municipal Code to allow for animated signs, it could be brought back as a separate Ordinance. 4• May 7, 2008, City Council Discussion: The City Council informally reviewed the revised Ordinance and requested that the item move forward to Planning Commission for consideration. Enforcement and Education: The Temporary Sign Ordinance will be a part of the Municipal Code. Since the Municipal Code currently includes enforcement provisions, it is not necessary to include an enforcement provision in the Ordinance. The Code Enforcement Department will be responsible for responding to complaints and general enforcement of the Ordinance. To educate the community, the Code Enforcement Department intends to conduct a public outreach effort prior to the Ordinance taking effect. FACTS FOR FINDING: The purpose of the proposed Temporary Sign Ordinance is to address the issues associated with the proliferation of political and other temporary signage that has occurred in the community over the years. Prior to the approval of any amendment to the Municipal Code, the Council, based upon the recommendation of the Planning Commission, must make a finding of the consistency with the General Plan. ENVIRONMENTAL DETERMINATION: The Planning Department staff has determined that the project is • exempt from the California Environmental Quality Act (CEQA) and the City's CEQA-Guidelines. The project qualifies under Section 15061(b)(3) of the State of CEQA Guidelines because the Ordinance will impose G-5 PLANNING COMMISSION STAFF REPORT DRC2007-00495 -TEMPORARY SIGN ORDINANCE May 14, 2008 Page 6 • greater limitations on uses than may be conducted on developed properties in the City and will thereby serve to reduce potential significant adverse impacts. CORRESPONDENCE: This item was advertised as a public hearing in the, Inland Vallev Dailv Bulletin newspaper with aone-eighth page ad because more than 1,000 properties would be affected by the citywide scope of the amendment (all residential districts). The Rancho Cucamonga Chamber of Commerce, the Inland Valley Association of Realtors, Citrus Valley Association of Realtors and other interested parties were provided with a copy of the public hearing notice. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution recommending approval of Municipal Code Amendment DRC2007-00495 to the City Council. Respectfully submitted, Jam R. Troyer, AICP Q Planning Director Attachments: Draft Resolution for Municipal Code Amendment DR2007-00495 Recommending Approval to City Council • Draft Ordinance for Municipal Code Amendment DR2007-00495 • G-6 • RESOLUTION N0.08-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE AMENDMENT DRC2007-00495, AMENDING SECTIONS 14.08.350, 14.16.010(P), AND 16.14.020 AND ADDING CHAPTER 14.25 TO THE MUNICIPAL CODE CONCERNING TEMPORARY SIGNS, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Municipal Code Amendment No. DRC2007-00495, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On the 9th day of January 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and adopted a resolution that recommended approval for DRC2007-00495, which was forwarded to the City Council for consideration. 3. On the 20th day of February 2008, the City Council of the City of Rancho Cucamonga reviewed the item as forwarded by the Planning Commission by Resolution. During this duly noticed public hearing on the application, the City Council directed thattheitem be continued indefinitely so that it could be revised to include additional standards and then brought back to the City Council Temporary Sign Subcommittee and Planning Commission. • 4. On the 14th day of May 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the revised Temporary Sign Ordinance and concluded said hearing on that date. 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing on May 14, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the 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: G-7 PLANNING COMMISSION RESOLUTION NO. 08-23 DCA DRC2007-00495 - CITY OF RANCHO CUCAMONGA May 14, 2008 Page 2 a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and and b. This amendment does promote the goals and objectives of the Municipal Code; c. The proposed amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and The subject application is consistent with the objectives the Municipal Code; and The proposed amendment is in conformance with the General Plan. 4. The Planning Department Staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061 (b)(3) of CEQA because the Ordinance will impose greater limitations on uses than maybe conducted on developed properties in the City and will thereby serve to reduce potential significant adverse impacts. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the Staff's determination of exemption. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Municipal Code Amendment No. DRC2007-00495 by recommending adoption of the attached City Council Ordinance. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008. 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 14th day of May, by the following vote-to-wit: • AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: G-8 • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTIONS 14.08.350, 14.16.010(P) AND 14.16.020 AND ADDING CHAPTER 14.25 TO THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING TEMPORARY SIGNS, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) It is this Council's intent and goal in adopting this Ordinance to clarify existing regulations regarding temporary signs within street rights of way. This City Council finds and declares that the regulations provided by this Ordinance are intended to provide for the public safety and well being by assuring the community aesthetic expectations are fulfilled. (ii) This City Council also is aware of the fact that temporary signs placed on private property and often referred to as yard signs tend to be impermanent, flimsy, and vulnerable to the elements. Because of the tendency of such signs to proliferate, creating litter, physical blight, and traffic safety hazards, this City Council hereby adopts regulation set forth in this Ordinance pertaining to such signs. It is the purpose and intent of this City Council to provide minimal regulations regarding the posting, display, • maintenance and removal of such signs on private property in order to protect the First Amendment rights of persons posting such signs on their property while protecting the health, safety and general welfare of the general public and maintaining the aesthetic qualities of the City. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby ordain as follows: Sec. 1. The City Council hereby finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Sec. 2. Section 14.08.350 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "14.08.350 Temporary sign. 'Temporary sign' means a sign erected for a temporary purpose attracting attention to an activity as provided for within this title." Sec. 3. Section 14.16.010(P) of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: • 11231-0001\10~3670v2.doc - 1 - G-9 "P. Political signs having to do with any issue, ballot measure, or candidate in any municipal, county, state or federal election or political statements and expressions shall be permitted in any zoning district subject to the following provisions and any other applicable provisions within this title: 1. Any person, party, or group posting political signs in the city shall abide by the provisions set forth in this title, 2. All political signs shall be placed no earlier than forty five days prior to the election and shall be removed not later than seven days following the date of election, 3. Apolitical sign shall. not exceed the size outlined in section 14.25.020(C) of this code in total area for one side. No signs shall be placed in a manner that would obstruct visibility of pedestrian or vehicle traffic, l 4. All political signs shall not exceed an overall height of eight feet from the finished grade. Signs used for identification of political headquarters shall comply with the provisions of this title, 5. The placement of any signs, whether on public or private property, shall not cause public safety or health hazards, • 6. No political signs shall be placed or fixed to a tree, fence, or utility pole, and shall not be posted on any public property or in the public right-of-way without approval by the city engineering division, 7. No political sign shall be posted in violation of any provisions of this title." Sec. 4. Section 14.16.020 of the Rancho Cucamonga Municipal Code hereby is amended to read as follows: "14.16.020 Prohibited signs. All signs not expressly permitted are prohibited, including but not limited to the following: A. Roof signs, except as provided for in this title; B. Flashing signs, except in time and temperature signs; C. Animated signs; D. Revolving signs; • 11231-0001\1053670v2.doc - 2 - G-10 ;, • E. Vehicle signs; F. Portable signs, except where permitted in this title' G. Off- site signs, except temporary directional signs as provided for in this title H. Signs on the public right-of-way, except temporary directional signs and political signs as provided for in this title and signs required by a governmental agency I. Signs blocking doors or fire escapes; J. Light bulb strings and exposed tubing, except for temporary uses such as Christmas tree lots; K. Banners, flags, pennants and balloons, except for special events as provided for in this title; L. Advertising structures, except as otherwise permitted in this title; M. Obscene matter." Sec. 5. Chapter 14.25 hereby is added to the Rancho Cucamonga Municipal • Code to read as follows: "Chapter 14.25 14.25.020. Temporary Signs on Private Property. The following provisions shall control the placement of temporary signs on private property, excepting those signs referred to in and governed by the provisions of Chapter 14.20 of this Municipal Code: A. Only one sign advertising, identifying, displaying, or directing or attracting attention to a particular idea or event shall be placed on any parcel of real property. B. Any sign advertising, identifying, displaying, directing, or attracting attention to, or conveying an idea related to an event which is to occur on a certain date shall not be placed on a privately owned parcel of property more than 45 days prior to that date and shall be removed no later than 10 days after that date. C. The area of any face of a temporary sign located on a residentially zoned parcel of property shall not exceed six square feet. • The area of any face of a temporary sign located on any parcel of private property zoned for non-residential use shall not exceed 32 square feet." 11231-0001\1053670v2.doc - 3 - G~11 Sec. 6. The City Clerk shall certify to the pass of this Ordinance. PASSED this day of 2008. Donald J. Kurth, M.D., Mayor I, Debbie J. Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2007, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of 2008, by the following vote AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: • ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS • ATTEST: Debra J. Adams, City Clerk • 11231-0001\1053670v2.doc - 4 - G~12 T H E C I T Y O F 12 A N C H O C U C A M O N G A Staff Report DATE: May 14, 2008 TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Rina Leung, Senior Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2008-00307 - CITY OF RANCHO CUCAMONGA -Consideration of an ordinance prohibiting the establishment and operation of medical marijuana dispensaries in all •land use zones within the City of Rancho Cucamonga and adding Chapter 17.44 to the City of Rancho Cucamonga Development Code Section 17 of the Municipal Code. This item is exempt per Section 15061(b)(3) of the California Environmental Quality Act (CEQA) because the ordinance will impose a greater limitation on uses, which includes a prohibition on establishing medical marijuana • dispensaries to reduce potential significant adverse impacts. PROPOSAL: In November of .1996, California voters passed the Proposition 215 initiative, which .allowed medical marijuana to be accessible to people with certain illnesses. The initiative was later supplemented by the Medical Marijuana Program Act, which was enacted as Senate Bill 420 by the state legislature in 2003 and became effective in January of 2004. This Act expanded the definitions of "patient" and "primary caregiver" and created guidelines for identification cards. It defined the amount of marijuana that patients and primary caregivers can possess. Within the last year, the City had proactively addressed medical marijuana dispensaries by enacting Interim Ordinances that prohibit the establishment of these uses while the City Attorney's office conducts research on case law relating to medical marijuana dispensaries. After the City Attorney's office completed their research, an Urgency Ordinance was adopted by City Council on April 16, 2008, which supported a complete ban on the establishment and operation of medical marijuana dispensaries in all zones in the City. Since the Ordinance that was adopted by the City Council is an Urgency Ordinance, it is recommended that the Planning Commission consider a regular Ordinance and forward their recommendation to the City Council. BACKGROUND: The City Council held various meetings regarding medical marijuana dispensaries in the City. The following is a chronology of the City Council meeting dates as they relate to this item. Previous City Council Meetings regarding Medical Marijuana Dispensaries: • March 21, 2007: The City Council adopted Interim Ordinance No. 776, prohibiting the establishment • of medical marijuana dispensaries in any zone of the City. ITEM H PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2008-00307 -MEDICAL MARIJUANA DISPENSARIES ORDINANCE May 14, 2008 • Page 2 April 18, 2007: The City Council was provided with a status report that summarized the major legal, governmental, and enforcement issues that are associated with medical marijuana. A copy of the staff report has been attached to provide the City Council with background information regarding this proposal. May 2, 2007: The City Council approved another Interim Ordinance prohibiting the establishment of medical marijuana dispensaries to allow sufficient time to study these uses. April 16, 2008: The City Council adopted immediately upon introduction an Urgency Ordinance to prohibit the establishment and/or operation of marijuana dispensaries in the City. They also directed that the item be forwarded to Planning Commission for consideration prior to final adoption and incorporation into the Municipal Code. ANALYSIS/FACTS FOR FINDING: As discussed in the April 18, 2007 City Council report (Exhibit A), there are a considerable number of adverse secondary effects linked to medical marijuana dispensaries. Notwithstanding, the fundamental conflict between Federal and State law, police agencies throughout the state report increased criminal and other undesirable activity in and around these uses including, but not limited to, illegal narcotic transactions, loitering, and increased potential for personal and property crimes (e.g., burglary and robbery). The California Police Chief's Association has compiled an extensive report (Exhibit B) detailing the negative secondary effects associated with medical marijuana dispensaries. During the course of research/studies conducted by the City Attorney's office within the last year, more • cities have adopted Ordinances prohibiting medical marijuana uses. Furthermore, the City Attorney's office cited that the City of Anaheim's Ordinance, which prohibited medical marijuana dispensaries, has been upheld by the Orange County Superior Court. Therefore, the legal climate is more favorable for the City of Rancho Cucamonga to prohibit medical marijuana dispensaries outright. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Vallev Daily Bulletin newspaper with aone-eighth page ad because more than 1,000 properties would be affected by the citywide scope of the amendment. ENVIRONMENTAL ASSESSMENT: The project is deemed to be statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b) (3), which applies only to projects that have a potential for causing a significant effect on the environment. In this instance, the Ordinance is to prohibit the establishment and/or operation of medical marijuana dispensaries. Therefore, there can be no potential for causing a significant environmental effect. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution recommending approval of Development Code Amendment DRC2008-00307 to the City Council for final action and subsequent incorporation into the Municipal Code. Respectfully submitted, . ~~~~~~~ Jame R. Troyer, AICP • Planning Director H-2 PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2008-00307 -MEDICAL MARIJUANA DISPENSARIES ORDINANCE • May 14, 2008 Page 3 JRT:RUge Attachments: Exhibit A -City Council Staff Report dated April 18, 2007 Exhibit B -Medical Marijuana Dispensaries Report from the California Police Chief's Association Draft Resolution of Approval for Development Code Amendment DRC2008-00307 Draft Ordinance for Development Code Amendment DRC2008-00307 • r~ LJ H-3 Staff Report DATE: April 18, 2007 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: James R. Troyer, AICP, Planning Director BY: Michael Diaz, Senior Planner SUBJECT: REPORT ON INTERIM ORDINANCE PROHIBITING MEDICAL MARIJUANA DISPENSARIES IN ALL LAND USE ZONES WITHIN THE CITY OF RANCHO CUCAMONGA. RECOMMENDATION: As required by Government Code Section 65858, the purpose of this report is to update the Council on recent developments on medical marijuana dispensaries and the City's further review of the issue to, determine a permanent policy on dispensaries. Staff recommends the City Council approve and file the report. • BACKGROUND: On March 21, 2007 the City Council approved an urgency interim ordinance establishing a temporary prohibition on the establishment andlor operation of medical marijuana dispensaries within any land use district of the City of Rancho Cucamonga. The interim ordinance is valid for a period of 45 days. During the March 21, 2007 meeting, the City Council expressed its interest in establishing the urgency ordinance to provide sufficient time to consider how the City could proactively address the issue of medical marijuana dispensaries within the City limits. Moreover, the Council found that there was an immediate threat to public safety, health, or welfare,. in that that the establishment of medical marijuana dispensaries before appropriate procedures, development standards and regulations were in enacted would result in adverse impacts to surrounding development and the welfare of the general public. The urgency interim ordinance is set to expire on May 5, 2007. A public hearing on the matter will be held on May 2, 2007, at which time the City Council will have the option to extend the interim zoning ordinance for an additional time period of 10 months and 15 days. DISCUSSION The subject of medical marijuana dispensaries is complex. The following is a summary of the major legal, governmental, and enforcement issues associated with the use. Federal and State Law Conflicts • Federal and state laws continue to be in conflict. More specifically, the issue of medical marijuana is clouded by the conflicting and uncertain legal status of federal and state legislation EXHIBIT A H_4 CITY COUNCIL STAFF RtrORT UPDATE REPORT ON MEDICAL MARIJUANA INTERIM ORDINANCE April 18, 2007 Page 2 (i.e., the Federal Controlled Substances Act and the State of California approved • Proposition 215), which has yet to be fully resolved. Under federal law, the manufacturing, delivery, or possession of marijuana is prohibited. However, in 1996, California voters passed Proposition 215, also known as the Compassionate Use Act, which removed criminal penalties for the personal use, possession, and cultivation of medical marijuana by patients that have a physician's recommendation. In 2005, the U.S. Supreme Court upheld federal authority over marijuana, even in states where its use for medical purposes is legal. More specifically, the U.S. Supreme Court ruled that Congress (i.e., the federal government) has the power to prohibit the local possession, cultivation and use of marijuana. Interestingly, the Supreme Court did not go so far as to invalidate California law permitting the medicinal use of marijuana, and no appellate court has as yet invalidated the California law. What has resulted is a substantial controversy over the validity of state law permitting medicinal use of marijuana when federal authorities may legally raid medical marijuana dispensaries, shut them down, and prosecute those persons dispensing or using marijuana inside them. The Supreme Court's decision has cast a cloud of uncertainty over the Compassionate Use Act. As a result, there are several cases pending in California (both in State and federal courts). Recent experiences encountered by the City of. West Hollywood illustrate the tension between the Federal and local governments resulting from the enforcement of federal law by federal agents. In March of 2007, the U.S. Ninth Circuit Court ruled against a woman who sought to use marijuana to ,treat scoliosis and a brain tumor. Until a definitive ruling is achieved in the pending cases, a clear approach on how to address and/or regulate medical marijuana dispensaries will likely remain elusive for the meantime. Actions by other Jurisdictions California cities and counties have reacted differently to the conflicting laws. A large number of cities have enacted moratoriums to study the issue and determine whether they should regulate or prohibit dispensaries within their corporate boundaries. In 2003, the State Legislature created guidelines (SB 420) for carrying out the medical marijuana law, but local officials across the state still struggle with how to control the dispensaries. For example, larger California cities such as Oakland, Berkeley, West Hollywood, have chosen to regulate this use and limit the number of dispensaries allowed. Local cities and counties that have or intend to adopt moratoriums include the cities of Claremont, Montclair, and Riverside County. Moreover, the Counties of San Diego and San Bernardino filed a lawsuit against the State alleging the State law (California Compassionate Use Act) is unconstitutional because it is preempted by federal law. Staff is in the process of reviewing the approach taken by several jurisdictions that ban or regulate medical marijuana dispensaries in their communities. Since the City of Rancho Cucamonga does not have established standards in effect, staff believes the interim zoning regulation is the appropriate approach to take until zoning standards can be developed and enacted. Meanwhile, advocates for patients who use prescribed marijuana to ease pain related to numerous ailments from glaucoma to cancer argue that cities should work to regulate, rather than ban, medical marijuana dispensaries altogether. Enforcement Issues There are no marijuana dispensaries currently operating within the city limits of Rancho • Cucamonga. The closest known dispensary was one that recently shut down by court order in H-5 CITY COUNCIL STAFF h~PORT UPDATE REPORT ON MEDICAL MARIJUANA INTERIM ORDINANCE April 18, 2007 Page 3 • • the City of Claremont. In Claremont, medical marijuana dispensaries are not addressed by the Land Use and Development Code, and the business was opened without benefit of a business license. Legal action was necessary to enforce compliance with City regulations. California Police Chiefs Association report), are listed below: Since Proposition 215 took effect, police departments in several California cities have reported problems taking place near medical marijuana dispensaries (or, so called "cannabis clubs"). The general consensus of police agencies with medical marijuana dispensaries in their service area is that often there is criminal and other undesirable activity. Some of the major negative and/or secondary impacts of dispensaries as identified by police agencies (including the • Fundamental conflict between federal and state law. • Illegal narcotic trarisactions -street dealers selling marijuana at lower prices to entice patients from dispensaries. • Non-residents coming into a City to purchase marijuana. • Negative impacts to adjacent residential neighbors and businesses -complaints about individuals (adults and juveniles) congregating/loitering in and around the dispensary. • The problem of patients selling to non-patients. • Increased potential for personal and property crimes (e.g., burglary and robbery) in attempts to obtain marijuana. , • Increased vehicle traffic. • Individuals observed in public that are under the influence. In light of the potential problems associated with medical marijuana uses as listed above, the threat to the public health and safety and welfare continues to be real and immediate. Staff believes that without appropriate standards in place no approvals and/or permits should be issued for medical marijuana uses. CONCLUSION: Given the complexity of medical marijuana issue, and the immediate threat to the public's health, safety, and welfare presented by having no development standards in place, staff plans to provide Council with a recommendation to extend the interim zoning ordinance for another 10 months and 15 days. Without being' able to extend this ordinance in order to complete such preemptive planning, there is a current and immediate threat to the public health and safety presented by the possibility that such anon-regulated use may commence without effective regulation. During the time extension staff will continue to monitor the issues and work to develop a permanent policy on dispensaries for Council consideration and action. Respectfully submitted, Jame R. Troyer, AICP Planning Director JRT:MD\Is H-6 • Medical Marijuana Dispensaries This report is respectfully presented to you with the following disclaimers; • This report does not attempt to address the merits of Medical Marijuana (MMJ) or the concept of its use as an alternative medicine as discussed or proposed in Proposition 215. • This report contains compilations of data collected by others in Law Enforcement as wel] as media coverage and this data is identified as such. Areas that currently act as a hindrance to a true study of this topic are; Under Reoortin2: With few exceptions, agencies contacted stated that they felt that the crimes related to Medical Marijuana Dispensaries were under reported, if reported at all. Confidential informants have provided information that these additional crimes (Robberies, Assaults and Burglaries involving Marijuana or large amounts of cash) are not reported so as to not draw additional Law Enforcement and Media scrutiny to this very lucrative trade. This is not unlike the thought processes employed by the Cosa Nostra and organized street gangs here in California. • Crime Classification: Another barrier to collection of this data is the lack of classification of this data as MMJ related. In years past, statistical analysis of domestic violence and hate crimes was difficult. These crimes now receive their own classification so tracking them is much easier. However until such time as MMJ crimes receive their own classification, separating these crimes from non MMJ related crimes is very difficult. Over Reliance on Straight Statistical Data: Gathering statistical data on this topic would appear to be a simple task. One would imagine that you would look at crime in a given location prior to the arrival of a MMJ Dispensary and then look at crime afrer its arrival. This presents several difficulties. First, based on Internet research, there appears to be approximately 240 MMJ Dispensaries (www.canorml.ore) located in almost as many jurisdictions. No one agency can access data from all these locations and not all agencies compile this data. I spoke with several agency representatives and each had information regarding this issue, however few had specific crime statistics. Secondly, not all crimes related to MMJ take place in or around a dispensary. Some take place at the homes of the owners, employees or patrons. Lastly, not all the "secondary issues" related to MMJ Dispensaries are crimes. Loitering, additional vehicle and pedestrian traffic, use of MMJ at or near the facilities are described as quality of life issues and are only really quantified when they appear in the newspaper or the complainants appear at a City Council meeting. Prior to discussing the reports of other Law Enforcement agencies, I would like to present some information from our Department. While our City does not currently have a MMJ Dispensary, this does not mean that we are immune from their effects. • 1 EXHIBIT~B. H_; On January 7, 2004 a resident of EI Cerrito was arrested for possession of marijuana for • sale. The subject was found to be in possession of 133 grams (4.6 ounces) of marijuana, a small amount of cash, a "replica handgun" pellet gun and three MMJ Dispensary cards (Oakland Cannabis Buyers Collective, Cannabis Buyers Collective of Marin and "Compassionate Caregivers" of Oakland) On February 25, 2005, the same subject mentioned above was discovered to be growing marijuana in his house. He was found to be in possession of 15 adult plants, 72 starter plants, 505 grams (1. ] 0 Ibs) of processed marijuana, 50 grams (1.75 oz) of hashish packaged for sale and two assault rifles as well as $6,000.00 in cash. The subject claimed that these plants were MMJ. An investigation was conducted with the assistance of the West Contra Costa County Narcotic Enforcement Team and resulted in the conviction of the resident for Unauthorized Possession of Cannabis and Possession of an Assault Weapon. On July 9, 2005, during a suspicious vehicle check, one of our Officers determined that a resident (Who is a member of the Oakland Cannabis Buyers Cooperative) possessed 55 immature plants with the intent of cultivating them and selling them to a MMJ Dispensary. The District Attorney has filed a complaint containing two felony charges of possession and cultivation of Marijuana. This case is awaiting adjudication as the subject has failed to appear in court (it is believed he has fled to the state of Oregon) and a bench warrant has been issued for his arrest. On December 11, 2005, a traffic stop for speeding resulted in the arrest of the occupants for the possession on Marijuana packaged for sale and $3,365.00 in cash. On March 8, 2006 our School Resource Officer received information that several students were ill after eating a cookie. The investigation revealed that a student had made cookies with a butter obtained outside (secondary sale) a MMJ Dispensary containing a highly concentrated form of Tetrahydrocannabinol (THC the active ingredient in Marijuana). The student used the "butter" to bake and then sell these cookies to other students. After the student discovered that the cookies were so potent that some of his fellow students had to be treated at local hospitals, instead of throwing them away, he gave them to other students without telling them what they were laced with. This incident resulted in at least four students requiring hospitalization and it is suspected at least two or three others were intoxicated to the point of sickness. From March of 2004 to May of 2006, this Department has conducted seven investigations at EI Cerrito High School and Portola Junior High School resulting in the arrest of eight juveniles for selling or possessing with intent to sell Marijuana on or around the school campuses. Gathering the data from these incidents required hours of research and examination.' Many agencies have neither the available resources nor the inclination to gather data of this kind. This makes presenting the data for consideration in this matter very difficult. H-8 • Another area of importance is the possession of firearms in conjunction with large quantities of cash and marijuana. Those who have the money and drugs want to keep them and ann themselves to prevent robberies. Those who wish to relieve those in possession of cash and drugs use firearms and other deadly weapons to accomplish their task. l>,~hen speaking to those involved in the drug trade, they will tell you violence and greed are "all just part of the game." With the exception of those entries identified from other sources, I contacted and interviewed representatives from each of the listed agencies. I have included newspaper articles that either further describe events or provide additional information regarding some of the "secondary issues". ANAHEIM May 19, 2004 a MMJ Dispensary "420 Primary Caregivers" obtained a business license and began operations. Fall 2004, The Police Department began to receive complaints from neighboring businesses in the complex. The complaints centered around the ongoing sales of Marijuana to subjects who did not appear to be physically ill, the smell of Marijuana inside the ventilation system off the building and the repeated interruption to neighboring businesses. • January 2005, The MMJ Dispensary was robbed at gunpoint by three masked subjects who took both money and marijuana from the business. April 5, 2005, The Department met with the property Management Company, owners and representatives from the businesses in the complex which housed the MMJ Dispensary. The meeting focused on the safety of the employees and patrons of adjacent businesses. Many neighboring businesses complained of Marijuana use on the premises and in [he surrounding area as well as a loss of business based on the clientele of the MMJ Dispensary "hanging around the area". Since this meeting, two businesses have ended their lease with the property management company. A law firm that had been in that location for ten years left citing "Marijuana smoke had inundated their office....and they can no longer continue to provide a safe, professional location for their clientele and employees." A health oriented business terminated their lease after six years and moved out of the complex citing ``their business is repeatedly interrupted and mistaken multiple times a day for "the store that has the marijuana." The owner fears that "he or his employees may be shot if they are robbed by mistake and the suspects do not believe they do not have Marijuana." The Property Management Company indicated "at least five other businesses have inquired about terminating their lease for reasons related to 420 Primary Caregivers." Arrests have been made supporting the belief that some "qualifying patients" purchase Marijuana with a doctor's recommendation, then supply it to their friends for illicit use. • H-9 Criminal investigations have revealed the business is obtaining its Marijuana from a • variety of sources including Marijuana smuggled into the United Sates from South and Central America. The Police department has conservatively estimated the "420 Primary Caregivers" business to be generating approximately $50,000.00 a week in income. (Source Declaration of Sgt. Tim Miller Anaheim P.D. Street narcotic Unit) ALAMEDA COUNTY January 12, 2005 a MMJ customer was robbed after leaving the "The Health Center" MMJ Dispensary (San Leandro). The victim was accosted by two subjects who possibly followed the victim away from the dispensary. , February 6, 2005 a MMJ Dispensary, the `.`Compassion Collective of Alameda County" was robbed by two subjects armed with handguns. The robbery took place at 4:50 pm in the afrernoon and the suspects took an unspecified amount of cash and Marijuana. April 27, 2005 a MMJ Dispensary, "The Health Center" (San Leandro) was burglarized at approximately 3:05 am. No specifics were provided as to the loss sustained as a result of the burglary. Many investigators believe that the victims do not truthfully report the loss of cash or marijuana. May 24, 2005 a patron of a MMJ Dispensary, "A Natural Source" (San Leandro) was robbed by three subjects in the parking lot of the dispensary after making a purchase of • Marijuana. August 19, 2005: Five subjects armed with assault rifles conducted a take over robbery of a MMJ Dispensary "A Natural Source" (San Leandro). They engaged in a shoot out with two employees and one of the suspects was killed in the exchange of gun fire. Sept. ] 2, 2005: Both money and marijuana were stolen from the Alameda County Resource Center (16250 East 14th St.) when burglars chopped through the wall of an adjacent fellowship hall during the night. (Source Declaration by Lt. Dale Amaral Alameda County Sheriffs Department) Calls for Service 12elated to MMJ Dispensaries (Unincorporated San Leandro and Ha}ward) Officer Initiated events may be vehicle stops or on-view arrests. 16043 East 14`~ Street: 2003: 2 Officer Initiated activity events, 2004: 1 Officer Initiated activity events. This business is now closed. 21227 Foothill Blvd "Garden of Eden" 2003: 1 Officer initiated activity events, 2004: No calls for service, 2005: 1 Theft call, 4 alarm calls, 1 Officer Initiated activity events. 913 E. Lewelling Blvd. "We are Hemp" 2003: 1 Officer initiated activity event, 2004: 1 Assault call, 2 Officer Initiated activity events, 2005: 1 Assault call, 1 Officer Initiated activity event. • H-10 • 16250 East 14`h Street: 2003: 11 Officer initiated activity events, 2004: 3 loitering calls, 9 Officer initiated activity events, 2005: 5 Officer initiated activity events. 15998 East 14`h Street: "The Health Center" 2003: 1 Officer initiated activity event, 2004: 1 Trespassing call, 1 Assault, 2 Disturbance calls, 2 Miscellaneous, 26 Officer initiated events, 2005: ]Robbery, 1 Aggravated Assault, 1 Grand Thefr, 3 Petty Thefrs, 2 Vehicle Thefrs, 4 Trespassing calls, 5 Loitering calls, 1 Weapons Possession, 2 Controlled Substance cases, 4 Alarm calls, 9 Disturbance calls, 3 Miscellaneous calls and 2] Officer Initiated events. 16360 Foothill Blvd: 2003: 1 Officer initiated activity event, 2004: 2 Officer initiated activity events, 2005: 1 Homicide, 2 Aggravated Assaults, 1 Grand Thefr, 1 Controlled Substance case, 13 alarm calls, 2 Officer Initiated events. 21222 Mission Blvd: "Compassionate Collective of Alameda County" 2003: 2 Officer Initiated events, 2004: 5 Officer Initiated events, 2005: 1 Attempted Homicide, 2 Robberies, 2 Burglaries, 2 Controlled Substance cases, 10 Alarm calls, 2 Disturbance calls, 1 Miscellaneous calls and 2 Officer Initiated events. (Source Alameda County Sheriffls Department Report) Car Jacking Latest Pot Club Crime Linda Sandsmark San Leandro Times • San Leandro, CA Sept 29, 2005 -- A woman was carjacked and robbed Monday afternoon after she left The Health Center (THC) marijuana club at 15998 East 14th Street. Citizens in the area saw the crime occur about four blocks from THC and called police on their cell phones..... The unidentified woman, who is from Garberville in Humboldt County, walked back toward the clinic and her car was found on nearby Liberty Street. "She doesn't want to pursue a criminal complaint in spite of the fact she was carjacked," says Alameda County Sheriffls Department spokesman Lt. Dale Amaral. "When you have this kind of drug distribution center it's an absolute magnet for every thug in the nine Bay Area counties. We're running from call to call." Amaral points out that no matter how armored the clinic buildings are, the people entering and exiting are still targets. He advises them to be aware of their surroundings and to drive to the nearest police station or flag down an officer if they think they are being followed. Crimes including burglaries and robberies at many of the dispensaries have caused widespread community concern......lt's a target-rich environment," says Amaral. "The sheriff s department is devoting a tremendous amount of resources to these clubs.........Clinic location has also had an impact on neighborhoods. Though the clubs may not be selling directly to students, the county's School Resource Officers report a 36-percent increase in arrests on nearby school campuses for minors possessing marijuana, possibly due to increased supply in the area. (Sourcehttp://www.hempevolution.ora/thc/dispensary robbed040~14.htmT • H ~11 ARCATA • There are two dispensaries in town that share a building. • The two dispensaries have an ongoing disagreement with each other that has resulted in numerous calls for police services to settle disputes. • The facilities do not have the correct electrical support and continuously blow out the electricity in the area. They have not complied with upgrading their electrical systems or responded to fire department concerns regarding proper exits and signage. • There have been numerous instances where people have purchased marijuana at the dispensary and then resold it at a nearby park. • A doctor has come to the dispensaries and, for a fee, will provide a medicinal marijuana recommendation forjust about any complaint the patient makes. . (Source Staff Report to Davis City Council: Medical Marijuana June 13, 2005) BAKERSFIELD Sep 8th, 2005. DEA arrested three subjects in raid on the Free and Easy cannabis dispensary. Kern County sheriffs summoned the DEA after being called to investigate a robbery at the facility. Police found plants growing at one subject's home plus 20 Ibs of marijuana, and illegally possessed firearms. . (Source) http://www.canorml.org/news/fedmmjcases.html BERKELEY • March 30, 2000: Two males armed with sawed off shotguns forced entry into a residence and forced the occupant at gun point to turn over a safe. A subsequent investigation revealed that a second resident who was not home at the time was a former director of a MMJ Dispensary and was the intended target of the robbery. October 2001, December 200] and June 2002: The MMJ Dispensary on University was robbed. Larges sums of money and Marijuana taken. March 2003: A home invasion robbery over marijuana cultivation escalated into a homicide. December 2003: The MMJ Dispensary on Telegraph was robbed. (No further info provided) April 2004: A home invasion robbery investigation resulted in the seizure of $69,000.00, ten pounds of Marijuana and a "Tech 9" machine pistol. "While recognizing the medical needs of the cannabis using patients, staff is concerned about the potential for crime and violence associated with the distribution and cultivation of Marijuana" (Source) City Manager's report to the Berkeley City Council • H-12 • Excerpts from: Pot club robbed for third time itt a year By David Scharfettberg, Daily Pla~aet staff (06-07-02) Club had promised to limit amount of cash, marijuana stashed there Four men stole $1,500 and $3,500 worth of marijuana from the Berkeley Medical Herbs pot club yesterday after two of them were allowed on site without proper identification. The afternoon heist renewed concerns about the integrity of the club's security and reignited some anger in the neighborhood. "1 think it's a public nuisance and I think it needs to be closed," said City Councilmember Linda Mayotte incident marks the third time in a year robbers have stormed the medicinal marijuana club, located in a small brick building at 1627 University Avenue. The last robbery, in December, prompted a rash of concern from city officials about security at the club. Medical Herbs responded to that by closing at 4 p.m. so it would only be open during daylight hours. The club hired a licensed security guard, installed video cameras, and it agreed to limit the amount of cash and pot on the premises, among other measures....T~vo Latino men approached the front gate on University Avenue Wednesday about 2:30 p.m., said Geshuri. The men failed to show the identification cards that are required of every patient but were let through the gate because they claimed to know owner Ken Estes. The security guard relayed the message to general manager Randy Moses, who opened the building's main door to confirm the story, then closed the door without turning the lock, Geshuri said. At that point, one suspect pulled a gun and the other a knife, forcing their way into the building. The suspects told everyone to lie on the ground. They took the cash and marijuana and fled, Geshuri said. Geshuri said the club's security cameras were out for repairs • Wednesday. Police who had been scouting the premises to prevent robberies had lefr only minutes before the incident, Geshuri said....... One neighbor who did not want to be identified said he saw the two men meeting two other men waiting outside in a late model, tan vehicle in which they all got away. "The guys who robbed it ran out with a big satchel," the neighbor said, adding [hat he disapproves of the marijuana club. "This is a very attractive place for other drug dealers to rob. It's not something we want in our neighborhood." Geshuri acknowledged that a few neighbors are opposed to the club, but said most of the residents support Medical Herbs in its mission. The club had pledged after the December robbery to keep no more than $1,000 and one pound of marijuana on site. But Geshuri said the robbers on Wednesday made off with $500 more than that and as much as apound-and-a-half of marijuana. The witness opposed to the club said theft proves that management is not keeping its pledge to prevent robberies and ensure safety. But Geshuri said the incident was an aberration. "It's rare that we have that much product on site," she said, arguing that the club had just received a shipment and was in the process of dividing it up for patients. She said Medical Herbs keeps most of its supply ' off-site, at secure locations. • Berkeley • Has four facilities operating in the City currently (last 3-4 years). • There have been several take over robberies of the dispensaries. • There have been arrests where legitimate purchasers have resold marijuana on the street to well individuals. • Obvious young people entering and purchasing marijuana from the dispensary. H-13 • Recommended that if we did not currently have the dispensaries, we should not • allow them. • Police department has been given explicit instructions by their City Council not to take any kind of enforcement action against the dispensaries or people going in or out of the facility. • Facilities will accept any Health Department cards, even those obviously forged or faked. (Source Staff Report to Davis City Council: Medical Marijuana June 13, 2005) BUTTE COUNTY Butte County does not track statistics related to MMJ Dispensaries, however a Detective in the Investigations Unit knew of; At least six robberies or attempts, one of which involved a shoot out between the suspect and victim occurred during the months of August to October 2005. Each of these robberies took place at the victim's residence and the target was the victim's marijuana cultivation. He stated that this is the busy time of year for these activities as it is harvest time for the Marijuana grows. (Source Det. Jake Hancock Butte County Sheriff s Department) CALAVARASCOUNTY Jan. 2005. Federal government files forfeiture suit after local sheriff finds 134 marijuana • plants. Government seeks to forfeit a home and five acres of land. The defendant says he was growing for half a dozen friends and family members and had checked with local authorities to make sure he was within legal guidelines. (Source http://www.canorml.org/news/fedmmjcases.html) CHERRYLAND Cherryland, CA June 30, 2005 -- An employee of a marijuana dispensary narrowly escaped with his life after a gunman opened fire as he waited outside the establishment for co-workers to arrive. The employee, whom authorities declined to identify, was sitting inside his car in the rear parking lot of the Collective Cahnabis Club at 21222 Mission Boulevard on Tuesday morning when a masked gunman appeared, said Lt. Dale Amaral, spokesman for the Alameda County Sheriffs Department. (Source http://www.hempevolution.org/media/santa_cruz_sentinel/scs041213.htm) CLEAR LAKE There have been a few reported robberies of medical marijuana patients away from the dispensaries. One significant case involved home invasion robbery. Multiple suspects entered the home of a person who was known to be a MMJ user. During the robbery, one resident was beaten with a baseball bat while the suspects made inquires regarding the location of the marijuana. Two of the suspects were shot and killed by the homeowner. (Source Clear Lake P.D. Inv. Clawson) • H-14 CLOVIS In December of 2005 the Clovis Police Department in conjunction with the Fresno County Sheriff s Department conducted an investigation which resulted in the arrest of a subject for possession of 120 pounds of marijuana. The subject of the investigation was found to have a medical marijuana card which helped facilitate his possession and sales of marijuana. (source www.ci.covis.ca.us/PressRelesaseDetail.asp?ID=838) DAMS (Excerpts from Staff Report to Davis City Council: Medical Marijuana June 13, 2005) In summary, the experiences of other cities that already have dispensaries are bad. Dispensaries have experienced robberies themselves; legitimate patients have been robbed of their marijuana as they leave the facility; people purchasing marijuana at the dispensaries have been caught reselling the marijuana nearby; street level dealers have begun selling marijuana and other drugs nearby in an effort to undersell the dispensary; some dispensaries have doctors present in their facility who will recommend marijuana as a course of treatment forjust about any patient complaint; and many dispensaries do not take serious steps to ensure they are selling only to legitimate patients or their caregivers. When asked, many of the police departments that already have facilities in their cities said that if Davis did not already have a dispensary, we should take steps to prohibit one from opening in the city. • EL DORADO COUNTY MMJ Dispensary operated medical marijuana clinic in Cool, California with 6000 patients; DEA raided Sep. 28, 2001; seized patient records. Indicted Jun 22, 2005 for marijuana found on premises. (Source http://www.canorml.org/news/fedmmjcases.html) FAIRFAX • Chief of Police Ken Hughes, advised the following: • Fairfax has one marijuana dispensary • Fairfax has had some problems with patients selling to non-patients • They have had problems with purchasers from dispensary congregating at a baseball field to smoke their marijuana • Fairfax police arrested one person who purchased marijuana at the dispensary and then took it to a nearby park where he tried to trade it to a minor for sex • Very small town and low crime rate (Source Rocklin P.D. report) • H-15 HAYWARD P.ll. • Acting Chief Lloyd Lowe, advises the following: • Hayward has three dispensaries total, two legal under local ordinance and one illegal.. • They have had robberies outside the dispensaries • They have noticed more and more people hanging around the park next to one of the dispensaries and Teamed that they were users in between purchases • They have problems with user recommendation cards -not uniform, anyone can get them • One illegal dispensary sold coffee, marijuana and hashish - DA would prosecute the hashish sales and possession violations after arrests were made • They have received complaints that other illegal drugs are being sold inside of dispensaries • The dispensaries are purchasing marijuana from growers that they will not disclose • Chief Lowe believes that [he dispensaries do not report problems or illicit drug dealers around their establishments because they do not want the police around • Hayward Police arrested a parolee attempting to sell three pounds of marijuana to one of the dispensaries • Hayward has recently passed an ordinance that will make marijuana dispensaries illegal under zoning law in 2006 (Information provided by Rocklin P.D. report) HUMBOLDT COUNTY One subject arrested in Humboldt County Aug O1, 2001 growing 204 plants for the Salmon Creek patients' collective; case turned over to the feds, pled guilty Dec 6; sentenced to 15 months for possession. Released from prison May 2003. Meanwhile, in a separate case, this subject won a landmark federal lawsuit for return of one ounce of pot seized by the DEA at the request of the Humboldt sheriff after the latter was ordered to return under Prop. 215. This subject is now missing and presumed dead since Aug 2003; police suspect foul play. (Source http://www.canorml.org/news/fedmmjcases.html) • 12/12/2003 Subject: Attempted Murder Suspects Arrested Contact: Brenda Gainey, Case No#: 200308180, Location: Garberville Humboldt County Sheriff s Deputies arrested two Garberville men last night wanted in connection with an attempted murder case from Mendocino County. Yesterday afrernoon the Mendocino Sheriffs Office received a report ofa shooting in Willits. Detectives from Mendocino learned that the victim, Jarron Jackson, 38 of Antioch, had been shot once in the arm during a robbery at a residence in Willits. Mendocino County Sheriffs Detectives learned the identities of the two suspects and issued a "Be On the Loookout" bulletin to Northern California police agencies. The bulletin also indicated that the two suspects were residents of Garberville. Late yesterday evening Humboldt County Sheriff s Deputies and officers from the California Highway Patrol went to the suspects' residence on the 1400 block of Redwood Dr. in Garberville. • 10 H ~16 • Arrested at the house were Charles Magpie, 26, and Rudolph King, 28. Both men were taken into custody without incident. While waiting for Mendocino County Officials to arrive at the scene, Humboldt County Deputies received consent to search the house from one of the residents. Deputies found a sophisticated indoor commercial marijuana grow. Members of the Sheriff s Drug Enforcement Unit were called and found the following: Twenty-eight pounds of processed marijuana; estimated street value of $100,000. One thousand growing marijuana plants ranging in size from six inches to two feet; estimated street value of $875,000. Two shotguns • Approximately $16,000 in cash Date Released: 6/2/2006 Subject: Marijuana Investigation Contact: Deputy Campbell Case No#: 200603240 Locations: Swayback Ridge On 6/1/06, Sheriffs deputies were conducting follow up to a residential burglary that occurred in the Swayback Ridge area of Humboldt County. While attempting to contact persons who may have had knowledge about the burglary, a commercial indoor marijuana operation was discovered. The Sheriffs Drug Enforcement Unit, assisted by the Drug Enforcement Administration and the Bureau of Narcotics Enforcement, served a search warrant on the property. Law Enforcement seized 570 marijuana plants, l.S pounds of processed marijuana, and three rifles. Suspect information was obtained, and warrants are being sought at this time. (Source http://www.co.humboldt.ca.us/sheriff/pressreleases) • KERN COUNTY July 20, 2005. The director of American Kenpo Kungfu School of Public Health was arrested for cultivating over 2,000 plants at three different locations. He was charged with conspiracy to distribute and possess more than 1,000 plants (10 year mandatory minimum). (Source http://www.canorml.org/news/fedmmjcases.html) LAKE COUNTY TASK FORCE: (Bureau of Narcotic Enforcement) One recent case currently in federal litigation involves the seizure of 32,000 plants from one grow. The cultivator claims that he is a `'provider" for Medical Marijuana patients and therefore exempt from prosecution for cultivation. The subject was arrested and released on bail pending trial on marijuana charges with possible sentence of 12 years to life. On Feb 16, 2005 this subject was re-arrested along with another subject after allegedly selling one pound of marijuana to DEA agents, who claim they did not mention medical purposes. (Source) Lake County Narcotic Enforcement Team One pound of high grade Marijuana sells for approximately $4,000.00 dollars in the Bay Area. In the Mendocino area that price drops to approximately $2,700 per pound based on availability. • 11 H -17 It is estimated that one plant can yield one to three pounds of Marijuana. Based on this • information 32,000 plants times I- 3 pounds = 32,000 - 96,000 pounds at $2,700 per pound = $86,400,000 to 259,200,000. LAKE COUNTY IMPACTS Sheriff Rod Mitchell, advised the following: • Lake County has one marijuana dispensary in Upper Lake (Two as of this writing) • The biggest problem is the doctor, close by the dispensary who is known across the state for being liberal in his recommendations to use marijuana for a fee of $175 • Many "patients" come from hours away and even out of state, Oregon specifically, to get a marijuana recommendation from the doctor • Upper Lake has been impacted by the type of people coming for the marijuana doctor and dispensary. Citizens report to the Sheriff that the people coming to Upper Lake for marijuana look like drug users ("dopers"). • One quilt shop owner has told the sheriff that she does not feel safe anymore because of the type of people drawn to the marijuana doctor and the dispensary, which are located close together in the very small town. • They also have a notorious marijuana grower who beat prosecution for cultivation by making a medical claim. Law enforcement has taken a hands off approach • even though he is blatantly violating the law. • The Marijuana grower has recently claimed to be a church to avoid paying taxes. (Source Rocklin P.D. report) LAYTONVILLE Crane by QUINCY CROMER/The Daily Journal (Excerpts from the article) The owner of Mendo Spiritual Remedies in Laytonville and Hemp Plus Ministry in Ukiah -- who says he provides medical marijuana to more than a thousand people in Mendocino County --will be in court next week to face charges for cultivation of marijuana. Les Crane, founder and self-proclaimed reverend of the two churches where medical marijuana is available locally, said some 5,000 cannabis plants and his life savings -- about $6,000 converted into gold -- were seized by the Mendocino County Sheriffs Office on May 16. "They came here because a guy was coming to rob my house. 1 called them to come and solve the problem and then they found out about the grow. We showed them all the documentation and they left and went and got a search warrant and came back and searched my church," Crane said. (Source) http://www.hightimes.com/ht/news/content.php?bid=1203&aid=10 Laytonville marijuana guru shot to death 2 others beaten in home; no suspects, but officials believe killing related to pot growing Saturday, November 19, 2005 • 12 H-18 • ByGLENDA ANDERSON THE PRESS DEMOCRAT A Laytonville pot guru who founded two Mendocino County medicinal cannabis dispensaries was shot to death during an apparent robbery in his home early Friday morning. Les Crane, who called his pot dispensaries churches and referred to himself as a reverend, said he was in the business to help ailing people, not to make money. He had said he had nearly 1,000 patients. He was killed at about 2:30 a.m. Friday in his home, which is about a mile from the center of Laytonville.... Two other people in Crane's home at the time of the shooting were beaten....Crane's death is believed to be related to his marijuana-growing and dispensing activities, Mendocino County authorities said. "I am totally surprised we haven't had more robberies and violent crimes associated with these things because of the amount of money involved and the value of the product," Sheriff Tony Craver said. Crane's Ukiah cannabis dispensary, Hemp Plus, offered exotic varieties of pot that sell for as much as $350 an ounce. He also had a dispensary in Laytonville. He called marijuana "the tree of life" and said God placed.it on Earth to benefit man. His religious credentials were issued by the Universal Life Church, which supplies certificates through the mail and the Internet. Sheriffs Lt. D.J. Miller provided few details of the crime, pending further investigation, including how many times Crane was shot or if any money or items were taken. Mendocino County officials had doubts about Crane's purpose for growing pot, and in May he was arrested for marijuana cultivation and several thousand pot plants were confiscated from his home. The criminal • case was pending when he was killed.... (Source)http://www l .pressdemocrat.com/apps/pbcs.dll/article?AID=/2005 1 1 1 9/NE W S/5 ]1190303 LOS ANGLES COUNTY January 2004, Approximately six to eight known MMJ Dispensaries operating in West Hollywood. Several of the MMJ Dispensaries have generated calls for service. January 1 Q 2004, An Assault with a Deadly Weapon and a Vandalism are reported at one of the MMJ Dispensaries as well as calls generated reporting obstruction of the street or sidewalk. February 19, 200, A MMJ Dispensary "LA Patients and Caregivers" reported that two subjects armed with handguns robbed the dispensary. May 6, 2005, A search warrant was served at one of the dispensaries by L.A.P.D. (no further information provided) May 15, 2005, A MMJ Dispensary "Alternative Herbal Health Services" four to five subjects armed with handguns entered the business at 4:25 pm, one of the employees was "pistol whipped" as the suspects demanded access to the dispensary's safe. (Source Declaration of Sgt. Robert McMahon Los Angles County Sheriffs Department) L J 13 H -19 LOS ANGELES RECENT INVESTIGATIONS The County Ordinance does not specify who may dispense medical marijuana and what dosage is appropriate for a particular illness. Furthermore, many dispensaries contract with physicians who issue the recommendations without examining the individual to verify they are in fact ill and using the marijuana for the illness. In May 2005, the LAPD began investigating Compassionate Caregivers Group (CCG) Inc., a medical marijuana dispensary located in West Hollywood, that bordered the City of Los Angeles. The' dispensary was one of seven CCG medical marijuana dispensaries throughout the state. The owner of CCG, a marijuana trafficking fugitive from another state, also owned Green Medicine Group (GMG) that referred prospective patients to their group of doctors throughout the state. One of the GMG doctors saw as many as 49 patients a day charging from $150-$250 per patient. The same doctor saw 293 patients in one week. The doctor allegedly examined each patient from aclosed-circuit television monitor and a clerk in another office where the patient was, handed out pre-signed medical recommendations. Because there is no ordinance, procedure, guideline or anything to regulate dispensaries and to whom or how they disperse drugs, they are free to distribute as much marijuana as they want and to anyone, whether they are adults or young people. Young people from all over Los Angeles County flocked to CCG to buy marijuana and then returned to their respective communities to conduct street sales of the drug. No one on the premises had medical or pharmaceutical training or licensing to distribute marijuana, edibles, plants and liquids. There was no first aid kit, defibrillator or trauma kit present at the location in case of a medical emergency. Furthermore, the business promoted the sale and • cultivation of 60 strains of marijuana, of which, only six strains were for medical purposes. Evidence was also recovered at the scene that showed the dispensary was in business to make a profit. Over $1.7 million in cash alone was received during the month of March 2005. And, most importantly, only three medical marijuana recommendations were found for patients residing in Los Angeles County, yet they provided medical marijuana to an average of 300 patients per week. The County Ordinance provides for the sales and consumption of edible marijuana. Edibles are food products, i.e. soda pop, peanut butter, candy, bakery items, jam and other liquids that contain various levels of Tetrahydrocannabinol (THC), the psychoactive agent of marijuana. There were no regulations in the ordinance for the quality control, potency, dosage and legality of the products sold. There is no Food and Drug Administration approval of the products. On March 23, 2006 in Oakland, "Beyond Bomb," one of a handful of manufacturers and distributors of edible marijuana products, who distribute edibles to medical marijuana dispensaries in'California and the US, was searched by the Drug Enforcement Administration (DEA). The owner was arrested for marijuana trafficking. The area of the company used for processing and packaging edibles was atrocious. No sanitary precautions were taken whatsoever and the area was absolutely filthy and vermin was present. In addition, the company sold edibles in packaging resembling copyrighted and trademarked food items. Beyond Bomb used the same logo, candy wrapper colors and derivatives of the names of legal products, i.e. "Buddafinga" had the similar color wrapper and logo as the NestIeUSA candy bar "Butterfinger." Over 20 different legitimate products were found that had infringed copyrights and trademarks in this manner. 14 H ~20 • In addition, legitimate candy bars were opened and the chocolate was laced with THC and then repackaged in the new labeling. There was no explanation for " 3X," "6X," or "1 OX" markings on the wrappers of edible products (according to operators of dispensaries the markings indicate the potency ofTHC in the product). Lastly, there are no directions on the edible packages for the uses, dosage, warnings (allergy alerts, stomach bleeding and alcohol), drug facts, expiration date and other information, as required for over the counter drugs. Lastly, the ordinance called for a security system and guards for each location. This requirement has not been an issue in the past. Medical marijuana dispensaries typically have had more extensive security systems than Sav-On, Rite Aide or Walgreen drug stores, and yet they still have been robbed and assaults and murders have occurred because they keep exorbitant amounts of cash and marijuana on hand. In addition, the security systems and guards do nothing for the surrounding businesses or area. Many of the dispensaries locally employ street gang members with extensive criminal histories as security guards and many of them are armed. In addition, where medical marijuana dispensaries have sprung up, the surrounding area has seen a 50 percent increase in Part I crime. Several unincorporated areas within the County of Los Angeles border the City of Los Angeles. Compounding this issue, the Los Angeles County Sheriffs Department has a policy of not enforcing the law at medical marijuana dispensaries. Therefore, if the City of Los Angeles does adopt the same ordinance, crime will significantly increase in these areas making it extremely difficult to enforce the law. • (Source Det. Dennis Packer Asset Forfeiture/Narcotics Vice Division L.A.P.D.) MENDOCINO COUNTY Marijuana: Marijuana Crop Worth $1.5 Billion in One California County Alone, Paper Estimates 12/2/05 Northern California's Mendocino County has been known for marijuana growing for at least 30 years. Part of the state's legendary Emerald Triangle of high-grade pot production along with neighboring Humboldt and Trinity counties, Mendocino has long profited from the underground economy. Last week, a local newspaper, the Willits News, tried to gauge just how large the profits may be, and the result is startling. According to the News, the local marijuana industry will add $1.5 billion to the county's economy this year. With Mendocino's legal economy estimated at about $2.3 billion, that means the pot economy is almost two-thirds as large as all other legal economic activities combined. When combining the aboveground and underground economies, the marijuana industry is responsible for roughly 40% of all Mendocino County economic activity, a figure approaching the proportions of the Afghan opium economy. As the News is quick to acknowledge, because marijuana is an illicit commodity, no one really knows how big the industry in the county is, so the paper relied on extrapolations based on the number of plants seized and on information it acquired about current wholesale (pound level and up) marijuana prices in the area. The County of Mendocino Marijuana Eradication Team (COMMET) seized 144,000 plants this year, and District Attorney told the paper COMMET normally seized between five and eight percent of the crop, a little less than the 10% rule of thumb for estimating all drug seizures. • 15 H -21 The paper more than compensated for the lowball seizure rate by also factoring in a 20% • crop loss to spoilage. Following the formula, the News estimated 1.8 million plants were sown in the county this year, with 1.32 million surviving droughts, floods, bugs, mold, and cops. And while both the DEA and Mendocino County law enforcement like to say that one plant produces one pound, the newspaper consulted local grower "Dionysius Greenbud," who said the average yield is closer to a half pound -- a very rough estimate, given a local crop that consists of both high-yielding outdoor plants and smaller, lower- yielding indoor plants. The paper's in-the-ballpark estimate for total pot production in the county is thus some 662,000 pounds. The paper assumed a wholesale price of $2200 a pound, based on reports from local growers, and a simple multiplication yields a total of $1.5 billion. Is that figure out of line? It's hard to say. In last year's "Reefer Madness: Sex, Drugs, and Cheap Labor in the American Black Market," Eric Schlosser quoted former DEA officials as estimating the value of all marijuana grown nationwide at $25 billion. While it is difficult to believe that one California County accounts for nearly 5% of all pot grown in the US, who is to say different? (Source http://stoothedruewar.ore/chronicle/413/mendoc inoshtmll March 16, 2006 Three suspects enter a MMJ Dispensary (Mendocino Remedies), pepper spray the employees and attempt to take property. A fight between the suspects and victims ensues and the suspects flee the scene. (Source http://www.co.mendocino.ca.us/sheriff/pressreleases.htm) MODESTO • July 18th, 2005. DEA arrests three subjects on charges stemming from a raid by Stanislaus Co sheriffs, who reported discovering 49 plants and 235 pounds of marijuana there. The main subject of the investigation and his wife had been providing medical marijuana for patients at a San Francisco dispensary. (Source http://www.canorml.org/news/fedmmjcases.html) Soap store a front for pot outfit, cops say Patrick Giblin Modesto Bee Modesto, CA June 17, 2006 -- Drug agents looked past the soaps and lotions at The Healthy Choice on McHenry Avenue in Modesto and sniffed out a marijuana store in the back, law enforcement officials said Friday. Narcotics officers arrested Michael O'Leary, 37, of Modesto at the store, 4213 McHenry Ave. They are looking for his brother, Shannon O'Leary, 34, of Modesto, agent Kelly Rea said. "The second store was just like a legitimate store, with shelves, prices listed and receipts given to the customers," said Rea, an agent with the Stanislaus Drug Enforcement Agency. "1've never seen anything like it." There were prescription bottles filled with pre-weighed amounts of marijuana. There also were ~0 to ] 00 pre-wrapped, marijuana-laced brownies and an equal number of marijuana-laced cookies. The store had a menu of prices and types of marijuana, with the different varieties neatly packed in Tupperware containers, Rea said. "They offered full customer service," Rea said. Local, state and federal drug agents raided the store about 9 a.m. Friday and stayed until about 1 p.m., seizing property and cataloging the inventory, sheriffs spokeswoman Gina Legurias said. • 16 H-22 • They also seized about $20,000 in cash. Approximately 30 people came to the store looking to buy marijuana while officers were there, Rea said. About half of them had California medical marijuana cards, indicating they were suffering from cancer, glaucoma or other ailments. Marijuana is believed to help relieve the symptoms. However, the store isn't a licensed medical marijuana dispensary. The rest of the potential customers didn't have cards, Rea said. "They sold to anyone and everyone," he said. No customers were arrested. They were interviewed to give officers an idea of how much business the store did, Rea said. Michael O'Leary was booked into the Stanislaus County Jail in Modesto on charges of possession of marijuana for sale and criminal conspiracy. He was released on $25,000 bail Friday afternoon. OAKLAND • Large criminal element drawn to the dispensary location • Marijuana dealers who have a doctor recommendation are purchasing from the dispensary and then conducting illegal street sales to those who do not have a recommendation. • Street criminals in search of the drugs are robbing medical use patients for their marijuana as they leave the dispensary. • Thefts and robberies around the location are occurring to support the illegal and legal (by State law) drug commerce. • Chief Word mentioned that a shoe repair business next door to a dispensary has • been severely impacted because of the concentration of criminals associated with the dispensary. The shoe repair business owner is considering shutting down his business. • They had more than 15 total in city, now limited to four by ordinance but control is not very strong. The fines are too small to control a lucrative business. • Most of the crime goes unreported because the users do not want to bring negative publicity to the dispensary. • The dispensaries have an underground culture associated with them. • At least one of the dispensaries had a doctor on the premises giving recommendations on site for a fee. • One location was a combination coffee shop and dispensary and marijuana was sold in baked goods and for smoking. • Dispensary management has told the police that they cannot keep the criminal element out. (Source) Rocklin P.D. report ROBBERS INVADE OAKLAND POT CLUB Oakland Tribune by Susan McDonough, (Excerpts from) November 10, 2003 A medical marijuana club in Oakland's so-called Oaksterdam district was the target of an invasion-style armed robbery Sunday morning. Four men, one with a gun, tied up a bouncer outside Compassionate Caregivers at about 8:10 a.m. and barreled their way to where the cannabis club is located on the top floor of the three-story • building, police said. 17 H ~23 Several medical marijuana patients and staff members were inside the club at 1740 • Telegraph Ave......The gunmen tied up another person inside the dispensary and took several ounces of marijuana and a significant amount of cash before fleeing, police said...... Oakland Police Sgt. Hugh Kidd said no one was injured and no patrons or staff members were robbed individually. Oakland was one of the first U.S. cities to legitimize the use of medical marijuana by deputizing a former club on Broadway as a distributor. That dispensary was shut down by the U.S. Drug Enforcement Agency in 1998, but a number ofmarijuana-related businesses have sprung up in the neighborhood to replace it. Cannabis clubs in Berkeley and Sacramento have been hit by similar armed robberies in recent years. (Source) http://www.mapine.org/newscmc/v03/n1750/a02.html June 30, 2004: Five subjects were arrested by DEA following a CHP raid on a warehouse where 4,000 plants were found. The subjects claim that the plants were for a licensed dispensary. Police gave conflicting accounts of the incident; the CHP says it called on the DEA after Oakland police declined to help. Two defendants have pled not guilty to manufacturing charges bearing a 10-year to life sentence. March 16, 2006. DEA raids cannabis candy manufacturer, "Beyond Bomb," at three different East Bay sites, seizing over 5,000 plants, $150K cash, and the company's stash of cannabis candies & soda pop. Arrested are the owner and _l 1 other employees. DEA says products were packaged in eye-catching candy wrappers that might pose danger to kids. Supporters say that products were distributed for use by medical marijuana patients. (Source) httn://www.canorml.ore/news/fedmmjcases.html • One Department representative was willing to speak with me, but did not wish to be quoted for this report. They advised me of a recent carjacking. This event involved an owner and three employees of a MMJ Dispensary. None of the four could agree on any fact relating to the case other than while property of the dispensary was stolen, no Marijuana or cash vas taken. This leads us to believe that either a large quantity of Marijuana or cash was the target of the attack. PLEASANTON The City of Pleasanton does not have any dispensaries operating in Pleasanton, whether legally or illegally. Pleasanton has a moratorium on dispensaries in place, has not prepared any reports on a ban, and staff will request that Council extend the moratorium for another 12 months. In support of the moratorium, the following health /safety / welfare information was cited; Juveniles in Pleasanton found with marijuana which was re-sold to them after having been obtained from a dispensary. A dispensary employee was the victim of a robbery at his home after he brought more than $100,000.00 in cash from a MMJ Dispensary back to his home to Pleasanton. (Source Larissa Seto Assistant City Attorney) • 18 H-24 ROSEVILLE • Street level dealers trying to sell to those going to the dispensary at a lower price • People are smoking marijuana in public around the facility • People coming to the community from out of town and out of state to obtain Marijuana (Nevada State, San Joaquin County, etc) • Marijuana DUI by people who have obtained from dispensary • At least one burglary attempt into building (Source Rocklin P.D.report) On January 13, 2006 the proprietor of the Roseville's MMJ Dispensary was indicated by a Federal Grand Jury on 19 counts of marijuana trafficking and money laundering. The indictment alleges that in an eight month period the defendant made approximately $2,750,849.00 from the sale of MMJ and of that figure $356,130.00 was traced to money laundering activities. The U.S. Attorney handling the case stated, "This case is a perfect example of a person using medical marijuana as a smokescreen to hide his true agenda, which is to line his pockets with illegal drug money." (Source Press release California State Attorney Generals Office) SACRAMENTO Sacramento has four dispensaries. Relatively few crimes other than at least two burglary attempts. Most of the complaints came to the council via citizens regarding quality of life • issues i.e. loitering, traffic and use of marijuana in or near the dispensaries. July 7, 2005. The director of Alternative Specialties dispensary, charged by feds following raid by Sacramento County Sheriff that uncovered two indoor gardens with an alleged 800 plants. Sheriffs say the subject had a criminal record for embezzlement and failed to file for a business license. He was charged with the manufacture of marijuana and illegal possession of weapons. (Source httn://www.canorml.ore/news/fedmmicases html) SAN DIEGO Dec 12, 2005 -Interagency task force raids 13 of 19 San Diego dispensaries. Task force led by DEA with state police. Raids conducted under state, not federal search warrant. No arrests, investigation ongoing. (Source http://www.canorml.ora/news/fedmmicases html) July 7, 2006: Medical marijuana dispensaries charged with drug trafficking ALLISON HOFFMAN Associated Press Federal prosecutors accused six people Thursday of illegally trafficking pot under the cover of California's medical marijuana laws - in some cases processed into baked goods, "Reefer's" peanut butter cups and "Splif' peanut butter. Federal and state search warrants were executed at more than 11 locations throughout San Diego in a morning raid, and at least five people were arrested, authorities said. Federal charges were expected to be filed Friday, according to U.S. Attorney Carol Lam. • 19 H-25 "They made thousands of dollars every day," Lam said. "Their motive was not the • betterment of society. Their motive was profit." One federal indictment accuses John Sullivan, 38, of growing more than 100 marijuana plants for distribution and distributing marijuana or processed marijuana-based goods from his two dispensaries, the Purple Bud Room in Pacific Beach and THC in San Diego. Five managers of the Co-op San Diego were indicted separately on similar allegations. Wayne Hudson, 42; Christopher Larkin, 34; and Ross McManus, 39, are alleged to have distributed marijuana products through the co-op. Scott Wright, 40, and Michael Ragin, 34, are accused of growing hundreds of plants for the co-op at their homes. Messages left at the dispensaries were not immediately returned. Also, the San Diego County District Attorney has filed state charges against one of the men named in the federal indictment and nine others for selling marijuana and possessing marijuana for sale. State charges were filed against Sullivan's THC dispensary and four other independent operations in San Diego. Prosecutors alleged that these dispensaries sold marijuana or marijuana-based products with little concern for legitimate medical need. "The party is over," District Attorney Bonnie Dumanis said at a news conference with federal prosecutors. She added that Proposition 215, the ballot measure that legalized marijuana for medical purposes, has been "severely abused by neighborhood pot dealers opening up storefronts." Complaints from residents living near dispensaries precipitated an investigation beginning in September 2005 by the San Diego po]ice, the county sheriffs department, the Drug Enforcement Administration, Dumanis said. Dumanis said that her office has "no intention" of preventing people who suffer chronic illnesses like AIDS, glaucoma or cancer from using medically prescribed marijuana to ease their pain. But San Diego County has fought an ongoing battle to limit the impact of the medical marijuana law, • which was approved in 1996 by 55 percent of voters. San Diego has ignored a state requirement that counties issue identification cards to registered medical marijuana users and maintain a registry of people who apply for the cards. In December, county supervisors sued the state of California and its director of health services in federal court, saying federal law that prohibits marijuana use trumps the state law. The county moved that lawsuit to state court in February to avoid bringing the case to the 9th U.S. Circuit Court of Appeals, which has sided in recent rulings with medical marijuana supporters. That suit is still pending. The men indicted by the federal grand jury face a maximum of 40 years in prison and $2 million in fines for each of the allegations listed in the indictment, authorities said. The San Diego County District Attorney's office released a complaint sent last week to the state medical board against four physicians alleging that they wrote "recommendations" for medical marijuana use -doctor's notes required by state law - to apparently healthy individuals. (Source: Http://www.mercurynews.comhnld/mercurynews/newsPoreaking_news/ 14982395.htm) City hopes to close legal pot dispensary July 8, 2006 By Linda Lou UNION-TRIBUNE STAFF WRITER SAN MARCOS - An existing medical-marijuana dispensary here survived a City Council vote in February that banned any more dispensaries from opening. • 20 H -26 • It was able to receive a business license because it called itself a nutritional supplement store, city officials said. But the dispensary's ability to remain open is now uncertain. On Thursday, local and federal law enforcement officers went to the storefront on Rancho Santa Fe Road and seized all of the marijuana and products laced with the drug's byproducts as part of raids of dispensaries countywide. Now the city is intent on shutting down the business, run by Legal Ease Inc. of San Diego, because it's been burglarized several times since the council's vote, said City Manager Rick Gittings. The city contends it's a threat to the community's health, safety and welfare, violating the provisions the city imposed in February when it allowed the dispensary to stay open, Gittings said. The concept of providing medical marijuana to patients who really need it has good intentions, but as indicated by state and federal prosecutors this week, medical marijuana dispensaries are fronts for drug peddling, Gittings said. Recently, Legal Ease asked the city to transfer its business license to a new location on Grand Avenue. The city rejected the request in a letter sent to Legal Ease last month. The letter said that another business near the dispensary's current location was burglarized because it was mistaken for the dispensary. The letter also said Legal Ease had failed at least once to submit security tapes of its premises and has failed to reveal what was stolen in the burglaries. Though the letter didn't say the city wanted to close the business, that conclusion is "painfully obvious," Gittings said. City officials will meet with Legal Ease's representatives next week to discuss the situation, he said. Gittings said he doesn't know when the dispensary would be closed. When reached earlier this week, Henry Friesen, Legal Ease's attorney, said that he hoped to clear up any miscommunication with the city. He said he thought the new location would be approved, based on discussions with representatives from the • Sheriff Department's San Marcos substation and the Fire Department. Sgt. Gary Floyd, supervisor of San Marcos' street narcotics and gang unit, said he's not aware that Legal Ease had talked with the Sheriffs Department about relocating. He said that after some recent early-morning burglaries, the dispensary installed roll-up metal security covers over the door and window because thieves had smashed the glass to get inside. In Thursday's raid, dozens of candy bars and cartons of ice cream containing THC, a marijuana byproduct, were confiscated, Floyd said. Bags of packaged marijuana and larger bags of the drug used to refill the smaller ones were also taken, he said. No one was arrested. In December, a federal drug agent said he was able to purchase marijuana at the site with a forged doctor's recommendation. (Source: http://www.signonsandiego.com/news/northcounty/20060708-9999- 1 mi8smmari.html) SAN FRANCISO May 14, 2005--In a daring home-invasion robbery at around IOPM, the house of the owner of Alternative Health and Healing Services at 442 Haight St was robbed of several pounds of cannabis and the dispensary keys. Details are sketchy, but it is believed that the robbers burst into the owner's home at gunpoint. More on this story as details are known. (Source) http://www.hempevolution.org/the/dispensary_robbed040~14.htm • 21 H ~27 June 23, 2005 3 S.F. pot clubs raided in probe of organized crime • Medical marijuana dispensaries used as front for money laundering, authorities say. Federal authorities raided three San Francisco medical marijuana dispensaries Wednesday, and investigators arrested at least 13 people as part of an alleged organized crime operation using the clubs as a front to launder money. Agents seized marijuana and other items from two cannabis clubs on Ocean Avenue in the Ingleside district and a third on Judah Street in the Inner Sunset district. The raids were the first in the Bay Area since the U.S. Supreme Court dealt a blow to the medical marijuana movement two weeks ago by ruling that the federal government had the authority to prosecute people whose activities are legal under state Iaw.....Twenty people were charged in an indictment that federal authorities planned to unseal today. Authorities would not comment on the specific allegations against them. Authorities said.....that the operation controlled at least 10 warehouses where marijuana was grown in large quantities and that those involved were bringing in millions of dollars. One warehouse in Oakland that federal agents raided earlier this month was capable of growing $3 million worth of marijuana annually, investigators said. The marijuana ostensibly was for cannabis clubs, but the amount being grown was far more than needed to supply the dispensaries, authorities said. (Source) http://www.sfgate.com/cgi- bin/artic I e.cg i?fi le=/c/a/2005/06/23/MNGRODDG 32 I .DTI:. Dec. 20, 2005 - DEA raids HopeNet Cooperative after first raiding home of HopeNet directors Steve and Catherine Smith. No arrests. Agents seize cash, medicine, a few hundred small indoor plants, mostly cuttings and clones. (Source) http://www.canorml.org/news/fedmmjcases.html June 27, 2006: Medical marijuana dispensary robbed during S.F. Gay Pride Parade Adam Martin San Francisco Examiner Thieves apparently took advantage of Sunday's 36th Annual San Francisco Gay Pride Parade and Celebration to commit this year's second robbery of a medical marijuana dispensary. According to police and the club's proprietor, two men entered Emmalyn's California Cannabis Clinic at 1597 Howard St. about 1:30 p.m. Sunday. They held up the clerk and stole cash and inventory while most of the staff was handing out fliers at the Gay Pride Parade. Sunday's holdup marked The City's second pot club robbery of the year. The Purple Heart dispensary at 1326 Grove St. was robbed Feb. 3, San Francisco Police Lt. John Loftus said. There were four such robberies in 2005, Loftus said. Loftus said clubs are attractive to thieves because "it's a big cash business, and marijuana is expensive." He said that so far, none of the victims with whom the department has worked has been able to recover their inventory. Emmalyn's proprietor John Baumgartner said he and his staff felt safe in their trade until Sunday. "We never felt threatened," he said in an interview Monday. "We usually have two people on duty. Because of the gay pride day, I happened to be out with other staff passing out fliers and left one person in the store. We left ourselves open." The two men who robbed the dispensary had been in about an hour prior to the crime and bought some marijuana. • 22 H ~28 • When they returned, Baumgartner said, "they put a gun to my clerk's head, had him lie down on the floor, then they robbed him and the store. They took everything in the place. They emptied out the cash registers and the counters." Baumgartner said the club will remain closed for the near future while he upgrades security. "They took all the inventory 1 had," he said, but he said the crime was captured on security cameras, whose tapes will be reviewed in the investigation. (Source) http://www.hempevolution.org/media/examiner/e060627.h[m SAN JOSE Murder in a Head Shop Will David Cruz's killer ever be found? By William Dean Hinton ON MAY 10, right around 8:30pm, Jonathan Cruz dropped in on his brother at the Rainbow Smoke Shop on West San Carlos Street...... About half an hour later, Jonathan left his brother, who was preparing to close the shop and head over to the Rainbow owner's home for dinner that night. What happened next is still somewhat of a mystery. Shortly after Jonathan departed, someone walked into the shop and killed David Cruz with a single bullet wound to the back of his head, just above the left ear. No money was taken from the register, and the store wasn't ransacked. When the owner, Suzie Andrews, was allowed back inside, a month after the shooting, everything appeared to be normal except for the bloodstain in the doorway leading to a small body-piercing room. The killing was essentially the end of Andrew's shop. After 0 years as owner, she was afraid to be in her own store. She began carrying a .38 with • hollow-point bullets and closed the Rainbow's doors two hours earlier than before David's death. She finally closed the business permanently on New Year's Eve, sticking the remaining bongs, handpipes, hookahs, T-shirts and porn tapes into storage, where they might eventually be sold on eBay. David Cruz's killer, meanwhile, has never been identified. Police can usually determine a murder suspect within 48 hours of a shooting, even if they're unable to apprehend him. The Cruz case is approaching the nine month mark with no credible theory why David was shot. (Source http://equalrights4all.us/content/view/192/50 SAN LEADRO San Leandro does not have any MMJ Dispensaries within their City Limits. They do however have employees of MMJ Dispensaries from otherjurisdictions living in their city. June 19, 2005: Suspects enter an unoccupied residence of a MMJ Dispensary employee taking jewelry and $10,000.00 in cash. June 28, 2005: Suspects return to the same residence and begin to force entry when they are confronted by the resident and flee before any loss is sustained. September 20, 2005: A receptionist of a MMJ Dispensary was accosted by a lone suspect as she walked from her vehicle to her house. The receptionist was able to get into her home and call police before the robbery was completed. • 23 H ~29 October 26, 2005: A Detective on routine patrol observes a suspicious circumstance and • stops two subjects. The stop results in the arrest of the subjects for robbery and possession of stolen property. The house the suspects were watching was the home of a MMJ Dispensary employee. ' December 19, 2005: The same receptionist (9/20/05 event) is robbed as she walks from her vehicle to her home. The suspects took a bag containing receipts from the MMJ Dispensary (Paperwork only, no cash) (Source Mark Decoulode San Leandro PD) SANTA CRUZ Four men sought in home robberies Santa Cruz Sentinel Santa Cruz, CA Dec 13, 2004 -- Santa Cruz Police are asking for the public's help in finding four armed men who took marijuana grown for medicinal uses and electronics from two separate houses on Clay Street. Around 1 a.m. Sunday, a white, Asian and possibly two black males -all wearing masks and dark clothing -broke into two residences, rounded up their tenants, held them at gunpoint and ransacked their homes, all while demanding drugs and cash. Two of the victims were battered during the robbery, resulting in minor injuries not requiring hospital treatment. One of the suspects fired a single shot from a handgun when one of the victims tried to escape. No one was shot. http:/hvww.hempevolution.org/media/daily_review/dr050824.htm • SANTA CRUZ COUNTY Capitola 2004: Three suspects entered the victim's home armed with a handgun in search of the residents MMJ grow. The resident and two guests were ordered to the floor. During the robbery the resident was shot and stabbed but managed to fight off the suspects who fled prior to the arrival of the responding Deputies. Live Oaks October 1, 2005: Four suspects attempted to conduct a home invasion robbery of a home cultivator of MMJ. The homeowner fired a shotgun at the suspects who fled and were later captured by police following a vehicle pursuit and crash. Ben Lomond March S, 2006: Two suspects who identified themselves as "Police" forced their way into the victim's residence. The victim was assaulted, robbed and left tied up in his residence until the next day when he was discovered. Subsequent investigation revealed that the motive for the robbery was the victims MMJ supply. SANTA ROSA May 29, 2002 Federal agents raided a medical marijuana buyers club here Wednesday and arrested two people. A U.S. Drug Enforcement Administration spokesman said two addresses were searched, including the club near downtown. • 24 H-30 • Marijuana, cash, a car and a weapon were seized. Authorities declined to identify the arrested pair, saying all information about the case was sealed by a federal judge. (Source) http://cannabisnews.com/news/12/threadl2999.shtml September 29, 2004 The father of the owner of a MMJ Dispensary was followed home from the dispensary and robbed at gunpoint in front of his residence. The owner of the club believed that his business was being "cased" and that "further robberies were eminent." January 25, 200 Suspects force entry into a closed MMJ Dispensary and burglarize the business taking three pounds,of Marijuana and cash. March 3, 2005 Suspects forced entry into a MMJ Dispensary a stole a laptop computer, Marijuana and smoking paraphernalia. April 15, 2005 Employees of a MMJ Dispensary were robbed by a suspect armed with a shotgun as they were closing the business. The suspect stole a "duffle bag" of Marijuana. April 18, 2005 Suspects forced entry into a closed MMJ Dispensary and stole a digital scale. April 19, 2005 Suspects forced entry into a MMJ Dispensary and stolen one half pound • of marijuana. Mar 17, 2006 Suspects forced entry into a closed MMJ Dispensary, loss unknown at this time. (Source) Lt. Briggs Santa Rosa P.D. The Vice unit'has been involved in the investigation of the following MMJ Dispensary related crimes; • A homicide, during a residential robbery where the suspects sought Marijuana cultivated for a dispensary. • Four residential robberies, where the suspects sought Marijuana cultivated for a dispensary. • Twelve cases where individuals were cultivating Marijuana for dispensaries, but were found to be operating outside MMJ guidelines and in a "for profit" status. Each of these cases resulted in the arrest of the cultivators and disposition is pending. • Instances where undercover officers have found subjects buying Marijuana from MMJ Dispensaries under the guise of MMJ and then reselling the Marijuana to non MMJ users. (Source) Sgt. Steve Fraga Santa Rosa P.D. u 25 H31 SONOMA COUNTY • A subject was arrested May 9, 2001 while growing for himself and other patients; convicted by ajury of cultivating more than 100 plants on Feb 11, 2002; sentenced to 5 yrs probation; He was re-arrested July 31, 2002 for cultivating while on probation. Convicted and sentenced to 44 months for growing 920 plants Dec 19, 2002. Released on bail April 2004; awaiting sentencing post-Raich 2005. The proprietor of Genesis ] :29 club in Petaluma was arrested Sept 13, 2002. Agents uprooted 3,454 plants at the club's garden in Sebastopol. The suspect pled guilty July 2003; sentenced to 41 months, July 2005. Information provided by: (Source) http://www.canonnl.ore/news/fedmmjcases.html Friday, February 17, 2006 at 12:13, PM Commercial marijuana operation shut down. On 2/16/05, the Sonoma County Narcotic Task Force, SCNTF, and the County of Mendocino Marijuana Eradication Team, COMMET completed an investigation involving alarge-scale commercial marijuana growing operation. At the first residence on Little Creek Rd., agents located a marijuana growing operation where "starter" plants were being cultivated. These plants would eventually be moved to the larger grow rooms as they matured. As agents collected evidence, Kenneth D. Brenner, 57 yrs, of Annapolis arrived at the residence. When agents contacted Brenner, they located grow equipment in the bed of his truck. He was detained and returned to his residence. At Brenner's residence, agents seized numerous firearms. Agents also seized an AK47, a Colt AR15, and a .308 sniper rifle. Additional documents linking Brenner to the growing operation were seized. The indoor grow operation included 4 buildings which were located approximately a quarter ofa mile off Annapolis Rd. in the thick brush. The grow buildings ranged from 100'X 30' to 30'x 20'. The buildings were constructed of plywood, with the exteriors painted black, and concealed under the thick canopy of trees. The plants were growing in a hydroponics type system, under approximately ] 20 high intensity lights. The lighting equipment alone is valued at $48,000.00. Agents located a camouflaged, insulated concrete bunker which housed a 125KW diesel generator. This generator was seized and valued at approximately $75,000.00. The total number of plants was approximately 1700. Agents determined the plants when harvested would yield approximately 50 pounds of marijuana. The marijuana would have a street value of $150,000.00. As agents continued their searching, they seized over 3,000 live rounds of ammunition in one of the grow buildings. The ammunition matched the same type of assault rifles seized at Brenner's residence. Agents then discovered numerous metal military type ammunition cans hidden in the area. When the cans were opened, the agents discovered 22 solid bars of silver, and antique silver coins. The bars each weighed 9ozs., with an estimated value of $30,000.00. The Drug Enforcement Administration was contacted to consider the adoption of,this case on a federal level. Mr. Brenner was released at his residence. The case will be under further review by the United States Attorney's Office. For further information contact Detective Sergeant Chris Bertoli at (707) S6S-5441. Prepared by Detective Sergeant Chris Bertoli. • 26 H32 . Thursday, January 5, 2006 at 12:18, PM $600,000 in marijuana seized. On 1/4/06, the Sonoma County Narcotics Task Force completed a three month investigation involving the sales of methamphetamine in the City of Cloverdale. Through the use of undercover purchases, Task Force Agents identified a residence on South Cloverdale Boulevard as the source of methamphetamine. When agents served a search warrant at the residence, they located 212 pounds of manicured marijuana. The marijuana had been concealed in various locations on the property. Along with the marijuana, agents seized a half ounce of "crystal" methamphetamine, ascale, packaging material, and pay/owe records. As agents continued their search, they located an AK-47 assault rifle with 3 fully loaded 30 round magazines next to the rifle. A stolen sawed-off 12 gauge shotgun, 2 additional rifles, and one loaded semi-automatic handgun were also located in the same location. While searching the residence, agents encountered three children living at the residence with their parents. The ages of the children were 6,7, and 8 years. As agents searched, they discovered approximately 3 pounds of marijuana within the same room as the children were discovered sleeping. The estimated street value of the marijuana is $636,000.00 dollars. The methamphetamine is valued at $450.00. For further information contact Detective Sergeant Chris Bertoli at (707) 565-5441. Prepared by Detective Sergeant Chris Bertoli. (Source www.sonomasheriff.org) • TEHEMA COUNTY Two subjects were indicted by federal grand jury on Jan 8, 2004 after trying to assert medical marijuana defense in state court. Arrested with 100s of small seedlings, 33 mature plants, and a few pounds of processed marijuana in Red Bluff and Oakland. Defendants say they were for personal use. The Tehama DA turned the case over to the feds while pretending to negotiate a deal with their attorneys. Denied a Raich defense by Judge England. (Source) http://www.canorml.org/news/fedmmjcases.html TRINITY COUNTY A subject and his wife were arrested in 2003 for a sizable outdoors, grow; they were re- arrested the next year after deliberately replanting another garden in public view. While awaiting trial, they were arrested once again, this time for a personal use garden of approximately ten plants. (Source) http://www.canorml.org/news/fedmmjcases.html TUSTIN After a MMJ Dispensary opened, undercover officers conducted an investigation in the business. During the service of a search warrant, 25 pounds of marijuana was seized and the dispensary was shut down. The District Attorney still has not made a decision as to whether to file charges or not. (Source) Scott Jordan Tustin PD u 27 H33 Uk AIH Over the last four years, the City of Ukiah has experienced an increase in crimes related to the MMJ Dispensaries. They are four Dispensaries in town as well as several citizens growing Marijuana for the purpose of providing Marijuana to dispensaries. There have been approximately ten robberies of either dispensaries or private grows. Some of these robberies have resulted in shootings. There has also been an arson of a dispensary which the police department believes was the result ofa dispute with a customer. (Source) Det. Guzman Ukiah P.D. Ukiah Daily News An arson fire burned the Ukiah Cannabis Club Saturday morning, causing extensive damage and blackening neighboring structures as well. A man who told The Daily Journal he was upset with the Ukiah Cannabis Club, claiming club members owed him money for the crop of marijuana he grew for them, was arrested at the scene.....The man in the back of the store, later identified as William Howard Ryan, 51, of Willits, telephoned UPD dispatch, saying he was armed and that he would shoot anyone coming to get him. Officers and firefighters heard muffled shots from the interior of the store..... Ryan was arrested on charges of arson, burglary and possession of hashish. He was interviewed by The Daily Journal just days ago when he claimed he was going to sue the Ukiah Cannabis Club for the money he says he is owed. Some witnesses said they saw Ryan enter the building with what looked like grenades strapped to his body. There were also reports the suspect carried a weapon, though that was not corroborated by police. A spokesperson for the Forest Club said the bar would ' • be closed for a short time only. (Source http://www.hempevolution.org/media/ukiah_daily_news/udn020527.htm) VENTURA Two subjects were arrested Sept 28, 2001 for cultivating for the LACRC. Forfeiture filed against their property, including home they built for themselves, in July 02. Raided again and arrested for personal use garden of 35 plants in Aug 02; charged with cultivation. Pled guilty Sep 03. Ninth Circuit denied appeal March 2006. (Source) http://www.canorml.org/news/fedmmjcases.html CALIFORNIA CHIEFS OF POLICE The California Chiefs of Police outlined their collective opinion on their web site; Law Enforcement Concerns to Medical Marijuana Dispensaries; • It violates Federal Law • Street dealers selling at lower prices to entice patients away from dispensaries • Non-residents coming into city to purchase Marijuana • Neighboring businesses have experienced a loss of customers • Increase in unreported crime to avoid negative publicity to the Dispensary • 28 H34 • Problem of patients selling to non-patients (similar to providing alcohol to a juvenile waiting outside a liquor store • Documented cases of robberies outside MMJ Dispensaries • Dispensaries create alternative methods to market products -such as food items called Buddafingers, Munchy Way, Rasta Reese's and Puff-a- Mint Pattie • Complaints from patients that other illegal drugs are being sold at the dispensary • Marijuana dispensaries perpetuate asub-culture that openly supports behavior consistent with criminal activity and publishes instructional material on the web. Examples include: 1. Assume you are under surveillance if you are in any way involved in providing medical marijuana to patients. 2. Do not discuss sensitive matters on the phone, through the mail, by e-mail, or in you home, car, dispensary collectives or office. 3. Don't gossip, brag or ask for compromising or unnecessary information about medical marijuana operations and activities. 4. 'You should be cautious of theft. Many patients and care providers have been robbed because the wrong person knows sensitive information • Management from an established dispensary told police that they cannot keep the criminal element out. CALIFORNIA NARCOTIC OFFICERS ASSOCIATION • Agents have conducted sting operations on web sites such as "Craigslist" and recently conducted an investigation which resulted in the arrest of a subject for the sale of three pounds of marijuana as well as possession of an additional four pounds. This subject was an employee of a local MMJ Dispensary. In all of these communities, law enforcement leaders were concerned with the impacts to the public health, safety and welfare by the commercial marijuana dispensing enterprise. All wished that they did not exist in their community. The trouble seems to occur when a large number of marijuana users, legal (under State law) and illegal gather at one location making them easy targets for illegal drug dealers; those freelance illegal drug dealers who are trying to recruit individuals with a doctors recommendation to legitimize (under State law) their sales and possession; and those who wish to prey upon the ill to steal their marijuana. This is compounded by the vast amounts of cash and little or no oversight of the processes of prescription, procurement and sales of MMJ. All of these impacts are avoidable if the commercial marijuana dispensing business were not allowed to locate in our community. • 29 H-35 Medical Marijuana Doctor's • Another area of contention is the apparent lack of oversight regarding who receives a physician's recommendation for MMJ and the process in doing so. One doctor who is touted as a "MMJ Doctor" is a practitioner in the City of EI Cerrito. It is reported that our local doctor has issued over ten thousand recommendations for MMJ in the ten years since Prop. 215 was enacted in ] 996. Research on the Internet has revealed that the cost to patients to receive their initial recommendation ranges from $125.00 to $250.00. If these figures are accurate, this one doctor has made $1,250,000 to 2,500,000 over the past ten yearsjust in issuing MMJ recommendations. These recommendations have to be renewed every one to two years at the cost of $0.00 to $100.00. This same doctor has _ repeatedly been the target of investigations regarding his practices related to MMJ and is currently on probation with the Medical Board of California as a result of investigations into 47 complaints, all of which were referred by law enforcement or district attorneys. And this is how his web site explains this; Medical Board of California v Tod H. Mikuriya, M.D. Since 1993, the Medical Board of California have had various ongoing investigations into Dr. Mikuriya's use of cannabinoids in his medical practice. Beginning in 1993 with rural county probation officers turning him in to the medical board for prescribing Marinol to probationers. The initial investigation resulted in a letter in Dr. Mikuriya's file. With the passage of the Compassionate Use Act of 1996, outlying Sheriff Deputies and District Attorneys began flooding the Medical Board with bogus complaints. Nearly 50 complaints were filed, none came from patients, health care professionals or patient families--none alleged any harm to patients. The medical board initiated multiple • investigations. In 2003 Dr. Mikuriya had a hearing in front of an Administrative Law Judge which resulted in the worst of the allegations being dismissed. (Dismissed charges included unprofessional conduct and incompetence.) However, Dr. Mikuriya was convicted for negligence and failing to keep adequate records. In April of 2004 he was placed on probation which includes a practice monitor, cost recovery ($70,000), and ' various other indecencies. Appeals of all charges are pending and continue. This page and the associated links contain all of the legal documents in this matter, as well as interpretations of why it occurred and the politics that surround it by Dr. Mikuriya. All of these materials are being made available to the public and any interested party as a means for Dr. Tod to show that [his entire production was--and remains--a political action and has nothing to do with patient care and/or harm. (Source: http:/hvww.inikuriva.comn Another interesting concept is that even the doctors involved in this industry appear to do a "cash only" business. This is from Dr's Ellis' site; http://www.potdoc.com/ProfilePaee.html Occasionally the office will be closed due to Dr. Ellis' outside schedule. You must call to schedule an appointment to see Dr. R. Stephen Ellis, MD (CA License # G-40749). We are not a referral service for medical marijuana doctors in your area. We are a medical clinic with one medical doctor located in San Francisco, California. • 30 H -36 • We can see patients living anywhere in the State of California in our medical clinic located in San Francisco. A Prop. 215 recommendatioh written from our office is good anywhere in the State of California. We will ultimately require confirmation of your diagnosis from your MD (or DC, DPM, or DDS as appropriate). We work with our patients to develop appropriate case documentation as per the routine standards of medicine-the only acceptable standard of valid legal protection a'Prop 215' recommendation can provide. Please bring an official picture ID for proof of ID and age. ALL patients (and any caregivers) MUST be at least ] 8 years of age and no longer attending high school. Exceptions in extreme cases can be made, so please feel free to call and discuss your situation. The Initial New Patient Physical Exam and Evaluation with Dr. Ellis is 5250.00 total if you qualify and a recommendation is issued. There is an initial interview with Dr. Ellis to see if you qualify arid the cost is included in the $250.00 new patient total fee. All patients that we will be able to assist then continue to undergo a physician performed medical history and physical exam as part of the initial visit. Those patients that we will not be able to help are immediately refunded all but $25 (for pre-screening assessment) of the total $250 new patient fee. The $250 new patient fee includes all follow-up visits needed as well as associated administrative services for the entire initial 6 month period. New Patients are covered for up to six months with their initial letter of recommendation. Once you are an established patient (six months afrer • your initial visit), expired letters can be re-issued if the condition is still valid. You must see Dr. Ellis at a scheduled appointment in person in order to have an expired letter re- issued. Unfortunately, recommendations /physician statements can not be issued by telephone or mail at this practice. Any available updates to your medical records from your doctors confirming that your diagnosis is still valid are expected (and MAY be necessary) to complete the renewal process. The office visit and exam fee for established patients is currently $125.00 and any includes and all follow-up visits needed as well as associated administrative services for entire 1 year period. Established patients recommendations can be issued for up to one year duration as indicated. Due to potential patient privacy issues, all fees are due and payable in full in CASH ONLY at the time of your visit. Patients are to bring the entire $250 payment at their initial visit. Multiple banks and ATMs are in the immediate vicinity. The San Francisco Clinic is very conveniently located in downtown San Francisco in the 450 Sutter St. Medical Building (Suite # 1415), between Stockton and Powell Streets, just one block North of Union Square. We are a short walk from Powell Street Station for convenient [3ART / MUNI (and hence SFO, OAK, & Cal Train) access from all of Califomia. Multiple non-validated parking options on-site and very nearby. Call for simplified directions. Practice Profile page updated on February 27, 2006 This is what one reporter has to say about Dr. Ellis; Doctor's orders: Get high A Trip info the medical marijuana demimonde smokes out America's confusion about drugs, pleasure and moralih•. By Chris Colin • 31 H •37 n LJ Jan. 31, 2001 ~ SAN FRANCISCO -- To get pot, you can stand on 16th and Mission and wait for someone to approach you, and wonder if he's a cop, and wonder if he's going to rob you, and wonder if his pot is laced with strychnine. Or you can have a dull pain in your right ear. In a green box on the back page of the San Francisco Bay Guardian, Dr. R. Stephen Ellis advertises medical marijuana physician evaluations forjust about anyone. The ad contains no explicit offers or promises, just a list of symptoms that presumably qualify one for legal pot: "Anorexia ... chronic pain ... arthritis .., migraine, or ANY other condition for which marijuana provides relief." This is from California Health & Safety Code 11362.5, implemented afrer California passed Proposition 215, also known as the Medical Marijuana/Compassionate Use Act, in 1996. In case his point is unclear, the ad goes on to interpret "ANY": asthma, neuropathy, HIV discomfort, constipation, old injury pains," etc. At the bottom, boldfaced, underlined, in caps, we're reassured: "It's THE LAW!" My ear hurts, 1 tell the assistant over the phone. He [ells me to bring $200 cash. No check or credit card? 1 ask. Cash, he says. Ellis' office is at the end of a long, dark corridor in a tall building next to a fabric store. The $200 cash does not go toward interior decoration. A cardboard sign with Ellis' name is taped to the glass on the wood door, which appears to be a good 50 years old. This is medical marijuana noir. That Philip Marlowe isn't smoking a cigarette on the other side seems to be a miscalculation on the director's part. Not that the other side isn't dark. In the grimy waiting room, which is just a little bigger than a glass of whiskey, six tired men in plastic chairs take their eyes off the linoleum only briefly. "I have an appointment," I say to Ellis' assistant behind the window. He's young, wearing a sweat shirt. "Have a seat," he • says, handing me a clipboard. There shouldn't be enough room for two camps in the tiny room, but the six patients manage to segregate themselves. To my left are the ill; three men between 35 and 50 sink into their chairs and stare at things in the floor that [can't see. Their eyes are glassy, and two of their heads are chemo-bald. To my right are three young men, none over 22 surely. They slump too, but with attitude, not sickness. They have baggy jeans and each has acne. The young camp looks at its shoes. The man directly to my left says he has glaucoma. He's grumpy about waiting. The man to his left says he's new to medicinal marijuana and is shaking and giddy. The man to his left sells sports tickets for a living, and is doing so on a cell phone, apparently unfazed by his circumstances. The grump beside me is New Agey and shakes his head whenever the cell phone rings. To my right are frauds. "1 hurt my back playing football," the big one next to me says. He grins conspiratorially, as if he's never touched a football in his stoner life. Across from us a raver taps his toes. He grins, too, when I make eye contact. The surfer next to him grins too. "1 better get this before my man Nate's party Friday," he says to no one in particular. "How long does it take to get the prescription filled?" I ask. "My other - friend got some from a San Francisco dispensary two days afrer his evaluation," he says. 1 wonder how many stammers it would take to undermine the medical marijuana cause. (This line ofthinking is a vector from the anti-pot camp's faulty premise; penicillin would never be criminalized just because same people were smoking it on Friday nights.) And while it's entirely possible that none of these guys will leave today with a prescription, the quiet raver does eventually have his appointment and walk out with a thumbs up. He directs the thumbs up at me. It's assumed I'm in the fraud boat too. 32 H38 • To me, it's unclear what boat I'm in. My ear does hurt. I've considered cutting my head off and throwing it in the ocean. The pain is intermittent, and in fact I haven't had any for weeks, but when it's around, [would smoke medicinal crack if it did the trick. Normal doctors and two specialists were no help. It's not an infection, we have determined. 1 got hit with an oar once, I always offer. The doctors and specialists nod. So 1 have chronic pain but not glaucoma and consequently suffer a faker's guilty conscience. Not that fakers are taking pot from the legitimately ill -- there's plenty to go around. Still, I don't know where ]belong, waiting room-wise, and keep myself between the ailing and the insincere. Uncertainty emerges later as a motif in the medical marijuana universe, but for now, I'm being called into the examining room. Ellis joins me in the bare room, slight, friendly and rushed. He seems breakable. He also has the air of celebrity, probably because he's the only man many people know who can legalize pot, albeit one smoker at a time. He talks fast, like someone who either has been in an E.R. for years or has a line of patients out the door, each with a wad of cash. He takes my money and puts it in his pants pocket. "My ear hurts," I say, and I explain the pain. My honed explication of the problem doesn't seem to interest him. He interrupts after a minute, telling me to take my shirt off so he can use his stethoscope. The checkup is rudimentary. He hears my heart. He takes a peek at the bad ear. He looks into my eyes. I offer my oar theory. There's a brief, touching moment where he pats my arm, not weirdly, and then he's signing his recommendation. For the next 12 months, I'll be a legal medical marijuana smoker. I'll be a legal medical marijuana smoker in California, that is. California may have approved Proposition 215 four years ago, but 21 ~ has yet to be reconciled with federal law, which still classifies marijuana as an illegal narcotic. There is no consensus on how to interpret • the ambiguity. California's medicinal marijuana proponents say medicinal marijuana is protected under law. The police, depending on the county, generally don't arrest smokers who have a prescription, except when they do. Courts often drop cases, depending on the judge, or how a jury might respond. Federal authorities generally say let's wait for the U.S. Supreme Court. They're referring to the long-anticipated ruling, which is likely to come down this summer. In September ] 999, the 9th U.S. Circuit Court of Appeals ruled that "medical necessity" justifies violation of federal distribution charges. The Clinton administration asked the Supreme Court for an emereencY order to stop the Oakland Cannabis Buyer's Club from selling pot. The order is temporary, and this summer the court will issue a final ruling on whether federal law permits the medicinal use of marijuana. It will be a significant ruling politically -- a verdict against 215 and similar measures would be a verdict against states' rights, typically a Republican cause -- but the efficacy of any ban on medical marijuana would be dubious. It can't overturn California's 215, or the medical marijuana laws in the seven other states that have passed them. Likewise, state and local police can't be forced to enforce the federal laws. Discerning any trend in the response to the medical marijuana question is difficult. In January, charges were dropped against Robert Voelker, a Morin County man found growing 19 pot plants adjacent to his trailer home. Morin Superior Court Judge Verna Adams ordered the confiscated plants returned to the man, according to the Morin Independent Journal. Given the physician's recommendation that Voelker subsequently obtained, it seemed no jury would convict him. Other "legal" users don't get off as easy, and the pro- pot groups all have stories of various authorities flagrantly disregarding medical marijuana legislation. r~ U 33 H-39 One Web site devoted to Proposition 215 contains a letter sent by senior U.S. Customs • inspector Mark Johnson to amarijuana-prescribing doctor in July 1998: "As a reminder you may want to tell your'patients'that although they may have received a'prescription' for marijuana from your office it will hold no weight as far as federal or state laws are concerned. Such was the case a few days ago when we confiscated less than a gram of marijuana from one of the people who had put their confidence in you ... This was a stiff $500 lesson for someone who probably couldn't afford it, but erroneously placed their trust in you." There remains confusion at the medical level, too, but nothing like there used to be. Plenty of doctors maintain that pot's a damaging and addictive narcotic, but more and more point to studies confirming its medicinal value. In November, for example, BBC News reported that 80 nercent of doctors in the United Kingdom would prescribe medical marijuana to patients with serious illnesses if they were allowed to, according to a study by Medix UK, a Web site for doctors. If statistics like those from the Medix survey are surprising, it's because the evolution of thinking within the medical community has been undermined every step of the way. Even Drug Enforcement Administration administrative law Judge Francis Young's 1988 acknowledgment that pot "has a currently accepted medical use in treatment in the United States for nausea and vomiting resulting from chemotherapy treatments" got buried after a while. And of course marijuana's benefits among AIDS patients -- cannabis can help stimulate appetites, for example -- are obscured regularly by pot prejudice and AIDS prejudice. As far back as 1982, then Ren. Newt Gingrich wrote to the Journal of the American Medical Association criticizing the "outdated federal prohibition" of medical marijuana, and [he "bureaucratic interference" it encounters, as reported by Michelle Malkin in the Seattle • Times._ Sixteen years later, Malkin pointed out, Gingrich was "Speaker of a House that just declared that marijuana 'contains no plausib]e medicinal benefits."' If doctors like Ellis eventually excuse themselves from the medical debate and start furiously signing pot prescriptions, it might be because the medical debate is stuck on repeat.-None of the above -- the legal and the medical disputes -- particularly matters. In the United States, medicinal marijuana still occupies a place far from the realm of reason. The terms of understanding are primitive. We rely on imagery and hysterical association to direct, and then articulate, our support/disdain for the movement. Like all drug debates to emerge in the past ] 5 years, this one is a closed system, impervious to new information. Progress occurs in spite ofthe alleged national conversation. Within the conversation, those opposed to medical marijuana have made little rhetorical progress since 1936's now-camp propaganda film "Reefer Madness." As few researchers will deny the drug's medicinal value, its detractors employ abstract versions of morality (it's "evil") and foresight (it's a gateway drug) to make their case. These tools interact with the presiding convention of all drug debates -- a collective disregard of logic on both sides -- and consequently we no longer ask why pot is evil, or how we can legislate something because it might lead to something worse. (Are forks a gateway weapon?) Those leading the medical marijuana charge can be dismissed, too: They're potheads. If there's a single obstacle to the acceptance of the drug's medicinal virtue, it's that it's fun, too. The high that accompanies the pain relief is the unspoken dozy conservatives can't surmount. That medical marijuana users experience this -- and perhaps even enjoy it --diminishes their credibility. The high is distilled subversion. What else could it represent? Like sex, religion and the red menace, its threat lies in its utter ungovernability. r LJ 34 H-40 • Transcendent or faux-transcendent experiences aren't only dismissed because they're hokey -- to some, they seem to be downright unpatriotic. Still, in spite of the noise and in between the zealots, attitudes are quietly changing. If polls are any indication, the average American is more open to the idea of medical marijuana than ever before. The dialogue has never broken free from the larger drue war discussion, but it has cooled off some. On a case-by-case basis, we seem to be remembering that we don't want our loved ones' chemotherapy worse than it has to be, and that in fact we, or our friend, or our aunt, has smoked quite a bit of pot for quite a long time, and nothing bad has happened yet. Getting a physician's recommendation from Ellis may have been easy, but getting him on the phone for an interview is another story. I[ isn't until a month after my visit that he agrees to talk. "What were you doing before this?" 1 ask. "I was at emergency rooms," he says. "Which ones?" "Various emergency rooms in the Bay Area," he says. He won't say how many patients he's seen since opening the office in July -- "let's say several hundred," he finally tells me. Nor will he say how many are ultimately granted recommendations. Iget the impression most walk away satisfied. "What about fakers?" I want to know. Ellis assures me that fakers don't make it to the examination room. "They realize it's a legitimate medical setting and go home," he says. "They can't get in without supporting documentation." hell Ellis that I was not asked for supporting documentation. He says he has since changed that policy, though 1 sense that he did so reluctantly. "We don't [require supporting documentation] in the E.R.," he says. "People come in complaining of a headache, we go over to an open cabinet and they leave with a shot of Demerol in their butt." "And that's unfair?" I ask. "Marijuana is much more benign than • conventional narcotics," he says. We talk about his history. Ellis graduated from the University of Illinois medical school at Chicago in 1978, he says. His work as an emergency physician exposed him to "a real need" for better pain management strategies. A few seminars on medical marijuana persuaded him to look into alternative treatments. If Ellis was uneasy at the beginning of our conversation, he's in a gallop by the end. I ask why so few California doctors are recommending marijuana for pain four years after the passage of 215. "They're afraid," he says. "They're afraid of the [California] Medical Board, and of their peers, and possibly of potential legal ramifications ... even though they're clearly protected by the law." It's the California Medical Board that gets Ellis fired up. "They've been officially silent [on medical marijuana], but behind closed doors they've been harassing physicians," he says. "That's the bottleneck on 215. Patients can't get their docs to prescribe medicinal marijuana, even though the law allows for this. In California, you might find 1 in 1,000 doctors" who would. Ron Joseph, the board's executive director, calls Ellis' charges ridiculous. "lt's a nice fallback," Joseph says, "but I defy him to cite one case where the board has harassed a single doctor." As Joseph tells it, it's not the board's policy to have an official position on medical marijuana -- it would just as soon have a position on X-rays. "We don't say whether it's good or bad, appropriate or inappropriate," he says. "We simply ask, 'Has the physician applied good judgment?"' Because the board's procedure is simply to investigate a "physician's actions as they're brought to our attention [by a patient]," he says, it has no incentive to bother doctors who are prescribing marijuana. So why aren't more doctors prescribing marijuana? Joseph blames the government. "The chilling effect has come from federal [agencies]," he says. "Doctors might be afraid of losing their DEA permit" (which allows ,them to prescribe controlled substances). r~ LJ 35 H ~41 As for Ellis' objection to the liberal distribution of Demerol in the E.R., compared with ~ • the paucity of marijuana prescriptions in the doctor's office, Joseph says an E.R. deserves its own standards. "It's a much different situation," he says. "There's little time to make the diagnosis [in the E.R.]. This is not the case in an office visit where the patient has the opportunity to explain his medical history." If a patient is able to obtain a physician's recommendation, he or she must nextjoin a buyer's club. The Oakland Cannabis Buyer's Club is a mile from my house, so I swing by on a Saturday. Like Ellis' office, the OCBC is also low-rent, but it makes up for it in atmosphere. If Ellis' operation was film noir, the "Co-op" is Cheech & Chong plus "Beaches." The store mixes earnest compassion for the ill with a healthy appreciation for fat, leafy weed. Inside, past the pipes and bongs and vaguely pornographic poster of a luscious green bud, a woman at a counter sorts membership files. (The club has roughly 4,000 members, executive director Jeffrey Jones tells me later, but it's hard to count. Why? I ask. "We don't know how many are dead," he replies.) The woman at the counter gives me paperwork and takes my physician recommendation, acopy of which I'd already faxed in for approval. I do the paperwork and pose for my photo and pay the fee. My $21.95 entitles me to a list of active dispensaries, support in the event of police trouble, free massages and regular cultivation seminars. Cultivation? I ask. I can grow up to 48 plants, they say -- beyond that it's risky. My new member I.D. is my "shield." If a cop stops me for possession, 1 need only flash the card. [f that doesn't work, the officer is to call the 24-hour phone number on the back, and the club will vouch for me. "But this is legal, right?" I ask. "Well," they reply, "yes. But call if there's a problem." I'm out in 10 minutes, but still without pot. This is because an injunction keeps the club from selling it. When the government went after buyer's clubs in 1998, it went after the six biggest. No attempt has been made to close the • others that sprang up subsequently, Jones tells me. And nothing keeps the OCBC from directing me to an active dispensary two blocks away. "Why did the government pick on some pot clubs and not others?" I ask Jones. Surely it knows about the other dispensaries. "Who knows?" he says. "Maybe they wanted a martyr." "But nobody's going to respond to martyrdom when it comes to getting marijuana," I say. "Then maybe we were doing too good ajob helping people," he says. The unmarked dispensary two blocks away is to pharmacy as Bates Motel is to Ritz-Carlton. Metal gratings cover the windows of the old building, which begs for a paintjob or some dynamite work. A guard stands out front and thoroughly inspects my paperwork before sending me inside to the next guard, who also thoroughly inspects my paperwork. Then I'm sent to a desk, where [fill out more paperwork, show my OCBC card, put a dollar in ajar and gain access to the next room. The next room is un-American. It's how Amsterdam is described among teenagers, a perversely legal assortment of illegal things: pot plants, pot brownies, pot cookies, pot seeds and, of course, pot. Half a mile from the Oakland Police Department, two glass counters full of dope and a promising back room await anyone with an OCBC card and some cash. There is no catch. 1 experience the brief heartbreak of poorly timed access -- this kind of opportunity would've been great back when I liked pot -- but mainly I'm glad people who need it can get it. I buy an eighth of an ounce of the good stuff, not the great stuff. It's $45. The guy behind the counter is nice like a nurse. The place isn't a neighborhood drugstore -- no matter how medicinal your marijuana, it's still pot, and pot culture is irrepressible -- but there's no Pink Floyd or opium-den decadence, either. • 36 H -42 • On the wall is a mural of a sunny Oakland park, full of relaxed people in various stages of illness. They appear positively pain-free. The night I begin writing this article, I turn my head and the old ear pain shoots back.,lt's mild at first, then heavier. The pain isn't .really inside the ear, but rather right where my ear hits my head. It hurts when I push on it and when 1 move. I decide it's time to take my medicine. I don't really get high anymore. Back when I did, I never experimented with pot's medical potential. 1 dig out a pipe and get to work. The first thing I do is underestimate how strong it is. I take two big hits, then sort of walk around, then take two more. The high is always indistinguishable from the ritual in the first three minutes, so it's a while before I know what's what. I sit and begin writing. I get up and look for something. I find incense in a drawer and light that. I sit and write some more. The pot is strong. My head is light, or heavy. 1 get up and put the incense out. A piece rolls behind the couch, still burning, and the house almost burns down. I find the piece. I sit down to write again and then remember to see if my ear hurts. It does. But not as much. I think. Does marijuana just make you too stoned to,evaluate pain? This would be dumb. I consider Ellis. It's hard to conclude anything about him, for he's as ambiguous as every other element of the medical marijuana question. In a city of either conservative or craven doctors, he's taking a chance. Those who take chances to improve the lives of the sick and dying are heroic. But at the same time, it wasn't just the sick and dying in that waiting room. Ellis, like many medical marijuana advocates, is breathless on the subject. He perceives an injustice perpetrated by the medical establishment and by the federal government. if he's occasionally quixotic on the issue -- the executive director ofthe California Medical Board can't imagine what Ellis is tilting at --one can infer that he's either dramatic or tired of seeing people in pain. Finally, what • will happen to a doctor in a tiny office who flouts federal law on the back page of the San Francisco Bay Guardian? Is he in danger? "I don't know," Jones from the OCBC had said. "Is a bug that flies into the light in danger?" Because he's working with other , information, or because he's blinded by the light, Ellis himself isn't scared. "They'd be crazy if they bothered me," he'd told me, before getting off the phone to see another patient. (Source htip://dru>?andhealthinfo.org/pa¢e02.php?ID=6) Another Doctor found through Internet research; alHanya Barth, M.D. wellness Cauma&.rg 6 AI}e~rr3lire htedicme Califorrda tx'ense frA0.'i197E your Appointment There ure four things you should bring with you: 1) Any paperwork regarding your condition, including doctor reports, treatment notes, and paperwork with your diagnosis. The doctor is here to give you a second opinion. Any health history paperwork helps the doctor understand what your primary diagnosis is. Our doctors are here to provide you with a second opinion, therefore you must have seen a physician recently for the condition you use marijuana to treat in order to be evaluated. LJ 37 H-43 We are happy to refer you to a low cost medical clinic so that you may receive a check • up. Please call and ask our office staff for the number to one of these locations. 2) Any medications or prescriptions (you may bring the bottles with their prescription labels), any supplements or over-the-counter herbs, vitamins, etc. We are interested in knowing what you regularly use to alleviate your condition. 3) California Driver's License or California I.D. Card. You must be able to prove California residency. This is a California law. We must see a photo I.D. proving residency here in the state of California. 4) Please bring the appropriate fees to aay for your visit. At this time, our office is not accepting checks or credit cards. If payment is an issue, please speak with our office staff. http://www. howard streethealthoptions.com/ This is Dr. Milan Hopkins in Upper Lake; Are you concerned about your health and looking for an old-fashioned doctor who will take the time to listen? One who is up-to-the-minute on new medical developments and understands your needs? You'll find a caring non judgmental doctor accepting Medi-Cal, Medi-Care, Tribal Healthcare & other types of insurance. Also included on site is Leah, a certified massage and bodywork therapist. Please call to get affordable fees (Fees based on a sliding scale). Cannabis Fees and Requirements Due to the legalities surrounding a medical recommendation for cannabis, patients are required to provide Dr. Hopkins with the following documentation: Primary Physician Information: If you have a primary care physician, we request that you discuss with him/her your desire for a cannabis recommendation. We require the name, telephone number, and mailing address of your physician. If possible please bring any medical records you may have that would support your medical conditions. The California Slate Medical Board has decreed that the physician issuing a recommendation for medical cannabis must either assume responsibility for all aspects of the patient's care, or must consult with the patient's primary physician prior to issuing the recommendation. Identification: Please bring with you some form of pictured identification. Fee: The initial consultation and recommendation fee for medical cannabis is $175.00 to be paid at the time of service. (We do not except checks or bank card pa m Six Month Check-Up: The doctor requests that his patients return ever 6 months, the fee for this visit is $60.00 to be paid at time of service. It is require by the California State Medical Board that cannabis patients be under the continual care of the prescribing doctor. Annual Renewal: Your recommendation will need to be renewed every year for $125.00 with a 6 month check-up. If you missed your 6 month check-up it will be $175.00. http://www.dochon. com/ 38 • • H -44 IONews Exposes'Marijuana Doctors' POSTED: 4:39 pm PDT 7uly 6, 2006, UPDATED: 12:41 pm PDT July 7, 2006 SAN DIEGO -- Doctors Offer Legal Pot Proposition 215 -- the medical marijuana initiative approved by voters ten years ago, has been subverted, abused and misused say law enforcement agencies our 1-Team has spoken with. Prop. 215 is supposed to provide seriously ill people access to marijuana to help relieve their pain but a 1 ONews investigation discovered just about anyone can get pot legally if they want. ] 0 News became interested in medical marijuana after seeing a large number of advertisements for doctors prescribing pot. These pot docs' ads appear every week in the San Diego Reader. Discussions with ] ONews sources both in and out of law enforcement seemed to confirm a disturbing pattern of increasing sales by the pot docs as well as an increase in the number of distributors for the medical marijuana. This launched atwo-month 1 ONews investigation into exactly what was going on. We used staff members to go into doctor's office and see how difficult it was to get a referral for pot. It was very easy. Too easy in fact, say law enforcement sources. It turned out both federal and local agencies are also looking into the process. The l ONews 1-Team was able to acquire some government surveillance tapes used to document how different doctors would discuss with patients the benefits of marijuana. One shows an undercover officer and a Dr. Robert Steiner, discussing pot. "1 assure you Tylenol is more of a risk to you and a hazard than is cannabis," said Dr. Robert Steiner. Steiner was doing one of his "legitimate and affordable" medical marijuana evaluations as advertised in the Reader. "It's open drug dealing with legitimacy," said Deputy District Attorney Dana Greisen. Greisen said doctors are recommending marijuana to just about anyone who can afford a doctor's visit. "It's being recommended for insomnia, depression (and) anxiety," said Greisen. "The law is being abused in a massive scale," said Greisen. The people using the marijuana aren't suffering from cancer, AIDS or other serious illnesses, which Proposition 21 ~ is supposed to address. It was approved by voters to "ensure that seriously ill Californians have the right to use marijuana for medical purposes." Dr. Steiner claimed no downsides to using marijuana on the law enforcement video. "We have two convincing studies that cannabis does not cause lung cancer. Cannabis regenerates brain cells," said Steiner. The undercover agent then asked if he could also get pot for his dog. "He's got arthritis. He whines at night because of the pain," said the undercover agent. "Again, it is perfectly acceptable for pups," said Steiner. Dr. Alfonso Jimenez has a Web site -- Medical Marijuana of San Diego -- where patients can register for his services online. What happened when we sent our testers in? "He was just laid- back and friendly. (He) didn't really seem to worry about if he was giving me this for the right reasons or not," said tester number one. He went to Jimenez for back pain he doesn't have. He got his referral and could have purchased pot legally. 1 ONews never did purchase any marijuana even after the doctor's approval. "There's a line behind me coming out of the door," said tester number one. DDA Greisen said it's all about the money. "We had a doctor recently (who) testified he gave out about 2,000 recommendations in last year -- that's what he testified to in court -- at $230 approximately. You do the math -- that's $500,000 in cash," said Greisen. Greisen said most office calls are paid for in cash. • 39 H-45 That's what another l ONews employee had to do. He paid $125 to have Steiner • recommend marijuana for his "sleeping problems." "They just let me in the office. (They) kind of started giving me all these facts about medical marijuana before they even knew what was wrong with me," said tester number two. Tester two would get his marijuana if he went to another doctor first to document his condition. "He (Dr. Sterner) referred me to a doctor who would have me in and out real quickly. I could come right back, (and) he would be able to sign off on the recommendation. Once people get their recommendations, 1 ONews discovered there's no limit or control as to how much marijuana they can buy from storefronts called dispensaries. Legal Loophole? You don't have to suffer from a serious illness to buy medical marijuana from dispensers. ] ONews investigators were able to get approval for marijuana from two doctors -- Dr. Robert Sterner, who has an office near Lindbergh Field, and Dr. Alfonso Jimenez in downtown San Diego. "They got me through pretty quick," said tester number one, a l ONews employee. With a recommendation from a doctor, the staffers would be able to get - marijuana that is sold at dispensaries across San Diego County. Tester number two, another l ONews employee, was sent into the doctor's offices and said, "I went to two different places, and within thirty minutes I got some (referrals). It seemed pretty easy." These marijuana recommendations can be filled at twenty different storefronts selling pot, and unlike a regular prescriptions, a patient can use the recommendations more than once. "A pattern is developing. Patients get recommendations," said Dep. District Attorney Dana Greisen. These recommendations are like a blank check. According to 1 ONews findings, one person received a recommendation with permission to grow 75 marijuana plants: Each plant has the street value of $1,000. The same person received permission to purchase five pounds of marijuana. With that amount, a person can smoke • a joint every two hours for 24 hours a day and seven days a week, taking more than a year to go through all of that marijuana. Dr. Larry Pohl said what some of his colleagues are doing is not proper medicine. He said patients sometimes need lab work, X-rays or meetings with specialists. Pohl said marijuana is not acure-all. "It's definitely not consistent with standard medical care," said Pohl. Dr. Jimenez has several offices and we talked to him by phone at his Hawaii location, he told l ONews that he only provides a referral for patients with medical illnesses. Jimenez's operates a Web site MedicalMarijuanaOfSanDiego.com. When l ONews visited Dr. Sterner, he explained he had to see patients and closed his office door. But there is another loophole in the system, called the primary care giver form. Taking Advantage Of Proposition 215 "It is a lega]ization of marijuana. It's going to encourage drug use," said San Diego County Sheriff Bill Kolender. "It is going to be helping people who are really sick and need a medicine that has been used for 5,000 years," said one Proposition 215 supporter. These were two very different predictions made 10 years ago after Prop. 215 was approved by Californians. Kolender was right, if you ask Dep. District Attorney Dana Greisen. "Over the last year, we saw a proliferation of these recommendations," said Greisen. He says just about anyone can get marijuana. And to make matters worse, he says, doctors hand out blank primary caregiver forms. These forms allow patients to list anyone they want to be a caregiver. It allows this person to purchase or grow marijuana for them. ] ONews Investigations sent in two staffers to check Greisen's claims. And it was as the assistant district attorney had claimed. Our staffers were given blank caregiver forms. l ONews learned that one person named his dog as a caregiver. • 40 H-46 • As part of the investigation, l ONews nominated a bird named Riggo as a caregiver. "The doctors -- because they're giving it to so many people -- are basically legalizing marijuana one doctor and patient at a time," said Greisen. (Source: http://www.lOnews.com/news/9480300/detail html) Who is Ken Estes you ask? Ken Estes is a long time proponent of Medical Marijuana who has or has had interests in at least four Medical Marijuana Dispensaries, all of which have come under law enforcement and media scrutiny. When Pot Clubs Go Bad: Ken Estes just wants to share the miracle of medical marijuana. Everyone else just wants him to go away. By Chris Thompson Article Published Jul 24, 2002 Neighborhood lore has it that before Ken Estes set up his medical-marijuana club, the property used to be a whorehouse. The neighbors wish it still was. Back then, the customers walked in, took care of business, and got out. Bad shit never went down at central Berkeley's local brothel -- certainly nothing like what happened on the afternoon of June ~. At 2:37 p.m., roughly ninety minutes before closing time, a gray Honda pulled to the curb and two Latino men got out the car and stepped up to the guard. One topped out at 250 pounds and wore a plaid button-down shirt; the other was a skinny kid in a T- shirt. The guard walked back to the door, and shouted for Estes' brother that there were • two guys at the door to see Ken. His brother cracked open the door, took a look, and leaned back to yell for Estes. At that point, the guard noticed the two men creeping up to the door. "No no, you can't come in here!" he reportedly shouted. Then he saw the gun. Mr. Plaid jammed a black pistol into the guard's back, and the T-shirt pulled out a kitchen knife with afour-inch blade. According to the police report, they forced the guard through the door, rushed into the club, and screamed at everyone to lie face down on the floor. Everyone did except for one man, awheelchair-bound patient who had come to get his legally prescribed dose of reefer and now had a gun in his face. The two men trashed the place and finally found the stash after prying open a locked file cabinet. As terrified neighbors called the cops, the thieves ran out of the club, jumped in the car, and floored it. It was the third armed robbery at 1672 University Avenue in ten months. You get into a lot of creepy stuff when you hang out with Ken Estes. You get burglaries, armed robberies, police raids, and felony charges. You also get allegations of cocaine dealing, tax fraud, and spousal abuse. The thing is, Ken's a really nice guy. With a tanned face defined by a sandy goatee, long blond hair, and a disarming air of candor and vulnerability, he seems the very picture of California easy living. ]t's only when you notice the wheelchair supporting his shriveled legs, or the limp handshake born of two decades of nerve damage, that you catch a glimpse of the tragedy that has been his companion since ] 976. Shortly after a motorcycle accident lefr Estes paralyzed below his chest, he became a devoted advocate of medical marijuana. He carefully organized his club to offer every possible comfort to the sick or dying. Berkeley Medical Herbs, which didn't exactly traffic in St.-John's-wort, operated out of a cute little cottage that neighbors call the "hobbit warren." 41 H -47 A modest wooden fence fronts the street and a path leads through a mulch lawn to a • white security door. Beneath the rich, sloping redwood ceiling, a spacious brick fireplace keeps patients toasty-warm in the winter. Once a week a woman comes in and provides free massages on a table in the corner. And unlike other East Bay pot clubs, most of which stress a clinical pharmacy's atmosphere, patients can sit down and light up right there, beneath rustic paintings of Jimi, Janis, and Jerry. If it weren't for the crime that has plagued his club's operation, Estes might be the patron saint of Berkeley stoners. "We have the best prices and the best medicine." he boasts. "If you know buds, we have the bomb." But ever since Estes first got involved in the medical-marijuana movement, men with drugs, guns, and evil intent have followed him everywhere he goes. They have robbed him, exploited his generosity, and endangered the lives of everyone around him -- even his three children. But "Compassionate Ken," as his friends call him, doesn't seem to learn. He always picks the wrong friends. At least that's Ken's side of the story. His estranged lover, Stacey Trainor, told a darker version to the Contra Costa district attorney's office. She alleged that Estes is a.former coke dealer who lied to secure his club's lease, that he has a Berkeley doctor in his pocket who will sell pot prescriptions for $21 ~ a pop, and that up to thirty percent of his customers buy his product without any medical notes at'all. Police and University Avenue merchants, meanwhile, claim that high-school kids used to line up for a taste outside Estes' club, and that his security guards scared away neighborhood shoppers and even got involved in fights on the street. His fellow cannabis-club operators even tried to drive Estes out of town. Whether Estes is a character out of The French Connection or one out of The Gang That Couldn't Shoot Straight, he couldn't exist without the peculiar politics of Proposition 215, which • decriminalized medical marijuana in California. In the six years since its passage, mayors, district attorneys, and state officials have been so focused on protecting patients from federal prosecution that they've neglected [o implement any sort of regulations about how pot should be distributed. No state or local agency or mainstream medical group has offered any comprehensive guidelines on who should hand out pot in what manner. As a result, medical pot is not just legal, but superlegal, perhaps California's least-regulated ingestible substance. And yet marijuana remains a powerful intoxicant with a vast underground market, one whose dealers inhabit a shadowy criminal world populated by dangerous men. In the absence of official regulation, it has fallen to pot- club operators themselves to craft some sort of system. Over the last six years, groups like the Oakland Cannabis Buyers Cooperative and the Alliance of Berkeley Patients have, through a series of trials and sometimes embarrassing errors, arrived at a protocol for verifying medical ailments, providing security from criminals, and operating safely in quiet residential and commercial neighborhoods. But however sensible their rules may be, they have no means of forcing club operators to abide by them. All they have is a gentlemen's agreement. Ken Estes broke that agreement, whether by design or neglect. And no one may have the legal power to make him stop. Estes is that rare breed of Bay Area native who spent his teenage years here in the '70s and didn't smoke pot. Born in Martinez, he moved to Concord and became a star athlete at Ygnacio Valley High. He excelled at soccer and was offered a scholarship to Santa Clara University, but that all changed one day in 1976, a month afrer he graduated from high school. Estes was riding his motorcycle back from a Walnut Creek McDonald's, where he worked as a manager, when a car swerved into his lane and hit him head on. 42 H-48 • Estes flew over the car and broke his neck. The damage was so extensive that for the next two years, he couldn't even move his arms. He struggled through physical therapy hoping to regain just enough mobility to kill himself. Estes was wracked with chronic pain, living in a rehab center and dependent on others to bathe and clothe him. The morphine and the pills didn't help, and he began to waste away. "I probably got down to a hundred pounds, and I'm six feet," he says. "I couldn't eat, 1 couldn't sleep, the physical pain was horrible, a nightmare. But about six or eight months into it, a group of Vietnam vets I was in rehab with were smoking marijuana. They said, 'Look, man, we know you're not eating or sleeping, why don't you come over here with us?' I said no, 'cause I was still thinking about keeping my body clean. But they said, 'Man, they're popping pills in you and morphine. This is a lot less than that.' So I said, 'Alright, lemme smoke.' That night, I slept all night. When I woke up, I ate. They brought the doctors in, they said,'Lookit, he's eating!' My doctor wrote it on the chart, he wrote that this marijuana is doing what you want the pills to do." After that first toke, Estes put his life back together. He regained limited use of his arms, enrolled in junior college, and by the early '80s was offered another scholarship, this time to UC Santa Cruz. Estes decided instead to open a string of tanning, hair, and nail salons in Concord and Davis. He met his future girlfriend Stacey Trainor while she was working at a mini mart next to one of his salons. "[ kept coming over there, and she would always have the banana drink ready for me, get the burrito ready," he says. Within a month of their first date, Trainor left her husband and moved in with Estes. Together they would raise three children. But something always bothered Estes. Before he began growing his own, he typically took his business to Haight Street • or Telegraph Avenue. It was a dangerous pastime; just because he wanted to relieve his discomfort, he was mugged three times and occasionally suffered the indignity of being dumped out of his chair. In the'80s, as AIDS swept through the country, Estes began clipping press accounts of "Brownie Mary," the elderly woman who used to walk the halls of San Francisco General Hospital, handing out marijuana-laced treats to the terminally ill. Slowly, he began to think that this wasn'tjust a drug, but a cause. In 1992, he signed over his share of the salons to his business partner and started distributing pot, going to demonstrations, and working to decriminalize medical cannabis. "Everyone thought I was crazy, but I said I wanted to pursue this," he recalls, "I'm tired of being looked at as a doper, as a pothead, as somebody less than somebody else because I used marijuana." Yet as Estes became a fixture in the medical cannabis scene, his life became increasingly chaotic and dangerous. At the very time that Proposition 215 liberated thousands ofinedical-marijuana smokers from prosecution, Estes began a long, almost farcical slide into crime. Even scoring on street corners didn't compare to what was to come. "No guns in the face at that point," he says of his early years. "That came later, with the medical-marijuana movement." Estes began his cannabis activism by volunteering at the Oakland Cannabis Buyers cooperative. From the beginning, the co-op has been at the cutting edge of the movement; where San Francisco clubs have a looser, anarchic spirit, it's all business at the Oakland Co-op, whose members have pioneered security and medical protocols with a determined air of professionalism. Jeff Jones, the co-op's executive director, doesn't even smoke pot. Growing up in South Dakota, Jones watched his father waste away and die from a terrible illness and vowed to find a way to bring medical marijuana to the terminally ill. Jones firstjoined the co-op in 1995 and soon found himself making home deliveries of dope to AIDS and cancer patients. r 1 LJ 43 H-49 If Estes is a creative but befuddled libertine, Jones is rigid and dogmatic. From the start, • the two rubbed one another the wrong way. After passage of Proposition 215, the co-op emerged from the shadows and began distributing pot out in [he open. But no one had any idea how to go about it. There were simply no rules; one day medical pot was illegal, the next day it wasn't. Proposition 215 is one in a long series of brief, poorly conceived initiatives whose implementation has proven to be a giant headache. The "Compassionate Use Act of 1996" offers no guidance on how pot should be distributed; indeed, the initiative is a single page in length and merely encourages the federal and state governments to "implement a plan to provide for the safe and affordable distribution of marijuana to all patients." Six years later, no one in Sacramento has figured out what this means. No state agency has ever issued binding directives on how to distribute pot, or to whom. Until the California legislature passes a law to govern distribution, neither the attorney general nor the state health department has the legal authority to innovate any such protocols. "Proposition 215 did not address prescriptions," says Hallye Jordan, spokeswoman for Attorney General Bill Lockyer. "The initiative did not authorize or spell out any specific scheme for dispensing marijuana. Nor did it say who is entitled to it, or how much marijuana is required for which ailment. 1 think everyone recognizes that Proposition 215 was not the best-written initiative. But the voters passed it." With the state paralyzed, it has fallen to local governments to regulate medical marijuana. But most localities have adopted a strictly laissez-faire approach and done virtually nothing to ensure that the distribution of pot adheres to the spirit of Proposition 215. The portion of the Berkeley municipal code governing medical pot, for example, is so ridiculously lax that it plays right into the city's worst stereotypes, and yet it's as strict as virtually any other Bay Area city. Although the code limits the amount of pot a club can have on hand, • there are no provisions limiting how close a pot club can be to a school, or requiring doctors to conduct an actual evaluation of patients, or requiring background checks for pot distributors -- which is standard practice for anyone who wants to run a liquor store. Yet the code does encourage pot clubs to "use their best efforts to determine whether or not cannabis is organically grown." City Councilmembers Linda Maio and Dona Spring say the city can't even write up a specific-use permit for cannabis clubs, because doing so would violate federal law. The end result is that medical pot is actually less regulated than candy bars, which must at least have their ingredients printed,on the wrapper. Anyone can distribute medical pot anywhere, in any fashion they please, and virtually no one is watching them. Club operators disagree on whether this is good or bad. Jeff Jones wants the government to step in and bring some common sense to pot's distribution. "We thought the government would get involved in distributing medical marijuana as per the state law," he says. "I never though that five or ten years later, we'd still be operating in a vacuum." Others worry that if the state takes a firmer hand, a conservative governor or attorney general might interpret the law so narrowly as to effectively recriminalize medical cannabis. But everyone agrees that since the government hasn't set up rules, club operators must police themselves. The Oakland Cannabis Buyers Collective was at the forefront of this effort, keeping and verifying patient records, hiring security guards, and establishing a rigorous dual-identification system, in which patients.had to pass through multiple checkpoints. "To be a member, they had to turn in a note from a licensed physician that we could verify," Jones says. • 44 H-50 "Even cancer and AIDS patients had to renew the note every year. They were a little mad about this, but we had to confirm that their medical status hadn't changed, and they still needed our services." Once Oakland officials were assured that, unlike at San Francisco clubs, patients would never smoke dope at the site, relations between the co-op and the city have generally been cordial. The city council contracted with the co-op to distribute pot to seven thousand patients on its behalf, and the co-op's membership cards became the definitive means of identifying medical pot patients throughout the East Bay. Jones even teaches classes on medical marijuana to recruits at the Oakland police academy. "We've never given them a reason to question what we're doing here," he says, "The local police like us because we give them an alternative to going out on the street. Our group have never done anything that has been deemed illegal, and we've never gotten complaints from anyone -- except the federal government." Berkeley's three clubs went through the same process, experimenting with various security and patient-verification protocols. In the beginning of 2001, the Berkeley Patients Group on San Pablo Avenue, the Cannabis Buyers Cooperative on Shattuck, and the Patients Care Collective on Telegraph formed the Alliance of Berkeley Patients and agreed upon aten-point platform. This included organizing as a collective or nonprofit, contacting physicians to confirm a patient's medical condition, scrupulously keeping patient records, hiring security guards, and maintaining good relations with their neighbors. "We agreed to police ourselves, so we don't have to have any outside regulators that might not have the patient's best interests in mind," says Berkeley Patients Group member Don Duncan. There was just one problem: none of these regulations had the force of law behind them. Even the police, hamstrung by a city council cognizant of the overwhelming public • support for medical pot, can do virtually nothing to crack down on rogue clubs. If someone wanted to hand out pot like candy, no one could stop him. His neighbors along University Avenue soon figured this out. Accounts differ as to what Estes did when he first showed up at the Oakland co-op's door in 1995. Some say he taught the co-op's pot cultivation classes; others claim he weighed out the baggies and sampled the wares to categorize their potency. Estes says he did both. But one thing seems clear: he and Jeff Jones didn't get along. "Jeff always thought Ken should cut his hair -- look more appropriate for you guys, the media," says one co-op member who asked not to be named. "Ken was like, 'You know, I don't have to look right for the press. I'm a patient."' Jones won't say much about what he thought of Estes, but Estes recalls, "Jeff said, 'Look, if you cut your hair, you'll go places around here.' 1 said, 'C'mon, you're sounding like the people on the streets I've been dealing with for years. You're sounding like the conservative white guy who doesn't like anyone lookin' different from himself.' So yeah, we had a lot of trouble. 1 told him one time, '1 wanna get out of my chair and beat your ass."' Whether the Oakland co-op itself was entirely above-board is a matter of some dispute. According to Trainor's statement to the Contra Costa DA, the co-op paid Estes in pot and unreported cash. "Part of the marijuana he received as payment from the club he would sell to other people, including persons who had no medical prescription for marijuana," her statement reads. Jones denies paying Estes in under-the-table cash, but refuses to comment on whether he paid Estes with dope. Estes claims he received a paycheck, not cash. But he acknowledges the pot-for-labor arrangement. "I got herb for working," he says. "They gave me herb, that was the trade-off. I worked there till it closed, and then I went out and opened my new shop." r ~ L J 45 H ~51 In October 1998, the feds managed to get an injunction prohibiting the Oakland co-op • from dispensing marijuana. The co-op fought it all the way to the Supreme Court, where it eventually lost. Jones and his lawyers are preparing a new challenge, but except for a one-month period during which the injunction was lifted, the co-op has not handed out a dime bag since 1998. Seven thousand patients needed another supplier, and Estes jumped in to fill the void. But he needed customers, so Trainor say's Estes called a friend who worked there. This employee gave Estes the names, addresses, and phone numbers of five hundred patients, and Estes soon started drumming up customers. No one at the co- op knew the two had done this; certainly the patients had no idea that their confidential information was being bandied about like just another mailing list. Estes concedes he made no effort to call their doctors and confirm their medical condition -- he just started making deliveries to anyone with a card from the Oakland club. By the time that Estes went into business for himself, he, Trainor, and their three children had moved to a house in Concord, where he began growing pot to supply his growing army of patients. On September 20, Concord police officer David Savage took a call: Estes' neighbor claimed that she could see a bumper crop of pot plants growing in his backyard. Savage stopped by and peeked over the fence. Later that afternoon, he returned with a search warrant. Savage's police report indicates that he found pot everywhere. He found roughly fifty plants in a makeshift greenhouse in the backyard. He found an elaborate hydroponics system in the garage; behind sheets of dark plastic, dozens of plants were growing on plastic trays and in children's swimming pools; grow lights wheeled back and forth on a track hanging from the ceiling. He found baggies of weed stuffed in desk drawers and scattered along the floor, and plants hanging in the closets. In the master bedroom, underneath a crib where one of the children slept, Savage found two garbage bags with • dried marijuana in them. "None of the growing and dried marijuana was in a secure place," Savage wrote in his report. "Most of the marijuana was accessible to the children in the residence. Estes told [me] he was not concerned with the children having access to the marijuana because 'They know it is for daddy."' Estes denies leaving bags of dope near his children's cribs. But Savage didn't know what to do with Estes. Estes had an Oakland co-op card certifying him as a patient, as well as patient records indicating he was a legally valid caregiver. How much dope did Proposition 215 allow him to have? "They got ajudge on the phone, and I talked to thejudge," Estes says. "1 said, 'Please don't make me pull these plants out. These are good strains with medical benefits."' In the end, the cops confiscated the plants and the growing system, and ratted him out to Child Protective Services. In deference to Proposition 215, they left Estes with three plants and an ounce for his own use. But Estes complains Savage took all the kind buds, and left him just a bag of leafy shit. Fifteen months later, the cops would be back. By then, Estes had bought some property near Clear Lake, and Trainor had moved up north with the kids, growing more dope in a shed behind the house. Meanwhile, Estes' cousin Tim Crew had moved into the house to help him grow a crop that dwarfed his prior stash. This period marks the beginning of one of Estes' most foolish habits: keeping massive amounts of drugs and money lying around. "People told me, 'Don't put more than a certain amount in the bank, or you could get in trouble,"' he says. "We had a lot of money, and 1 kept it with me. I'd hide it in my closet, hide it in my suitcase. 1 just didn't want to put it in a bank." 46 H ~52 • As more and more people got hip to Estes' stash, his cavalier attitude would provoke a spate of armed robberies that left his University Avenue neighbors terrified. The first robbery happened in Concord on January 1, 2000. Neighbors called the cops and reported that several men had burst out of Estes' house and raced down the street, leaving the door ajar. When Concord officers arrived at the scene, they found that the front door had been forced open. They also found no fewer than 1,780 marijuana plants in various stages of cultivation, even after the break-in. This time, the cops wouldn't be satisfied with confiscating his stash. The DA charged Estes with four felony counts of possession and cultivation of marijuana for sale, and will probably argue that the volume of pot on hand proved that he was an outright dealer, not a medicinal caregiver. His trial is set to begin on August 5. With the heat coming down in Concord, Estes eyed Berkeley. Taking out a business license and a zoning permit to sell "herbs and other homeopathic remedies," Estes set up shop at 1672 University Avenue. From the very beginning, Berkeley Medical Herbs was characterized by his permissive business style. Michael "Rocky" Grunner showed up at Estes' door just months into his new operation and handed him a bag of quality product. Estes says Grunner told him there was more where that came from, and he was certainly happy to buy it. Grunner began hanging out at the club, and Estes thought everything was working just fine. The massage table was up and running, patients were streaming through the door, the smoke was flowing freely. But over time, a tense, nervous atmosphere infected the club. Finally, Estes claims, a friend came to him and broke the bad news: Grunner was dealing crank out of the back room. Estes says he promptly threw Grunner out of the club. But the club's neighbors were beginning to worry about the sketchy new element. Machinist Richard Graham is a longtime area • resident and has been known to take a hit upon occasion. But he even he draws the line at Estes' way of doing business. A few months after Estes opened the club, Graham dropped off a package mistakenly delivered to the wrong address. When Graham asked the man behind the counter how business was holding up, he offered to set him up with a physician for $200. "I asked them how their operation works, and they told me you just need a note from the doctor, and we have a doctor, and you can get a note forjust about anything," Graham says. "Then he told me the prices, the registration fee to get the note, $200 per year. 1 got what I thought was an aggressive sales pitch. He said their doctor will help me get it. He looked at me and profiled me, said 'You're 5 ], you've got arthritis, we can help you.'... I just got the impression that these are people in it to sell marijuana as a business. I didn't feel that these were people motivated to help sick people, which I think other people are. It was a decidedly unclinical atmosphere, let's put it that way." In fact, Estes' operation was so unclinical that it even advertised in the Berkeley Daily Planet. Superimposed over the image of a big fat bud, the club announced that it had plenty of pot for sale, listing killer strains such as "Jack Frost, Mad Max, Romulin, G- Spot, and more." Other club operators groaned in dismay when they read the notice: "One-source shopping for all your medicinal needs! First visit, first gram free with mention of this ad!" Soon, kids were lining up outside, neighbors and police report, and the club's busiest hour was between three and four in the afternoon, when Berkeley High students got out of class. "The biggest complaint was the kids going in and out of there," says Lieutenant AI Yuen, head of the Berkeley Police Department's Special Enforcement Unit, which handles narcotics investigations. "We looked into that and watched kids going in and out. • 47 H-53 We never caught him selling to kids without a card. He claims that the kids had medicinal • cards, but he doesn't keep records on who he sells to.... He was advertising in the papers, he allowed tons of kids going though his place. He didn't have a screening process, didn't have security." In fact, Trainor told the DA's office that Estes sold his product to anyone with the cash. She estimated that seventy percent of the club's buyers were patients from the Oakland co-op, and that the other thirty percent were recreational users. And Trainor alleged that even many of the so-called patients may have had fraudulent doctor's notes. She claimed that Estes referred everyone without a card to Dr. Frank Lucido, a Berkeley family practitioner who allegedly charged a fee for every note. "Estes would tell his buyers to go to Lucido, give him $215, and he would give the person a prescription.... Trainor said that regardless of whether a buyer told Estes they had a medical problem or not, Estes would refer the buyer to Lucido to get the prescription." Trainor said she knew how Lucido operated because she went through the process herself. During her interview, she meticulously described her visit from start to finish. "Trainor went to the doctor's office, where she met a nurse who collected $215 from her. She was brought into an exam room, where she waited until Lucido came in and asked her what she wanted. She told him she had a bad back and wanted a prescription for marijuana. Trainor' said the doctor performed a mini physical, checked her blood pressure, and had her bend over backward to check the condition of her back.... Lucido then wrote her a prescription for marijuana. Lucido did not ask her questions about treatment or diagnosis from any other physician. Lucido gave her no advice on the amount of marijuana to use and did not advise her of any other therapy or medication that might treat back problems. Lucido did not tell her to come back for afollow-up exam." For a while, Estes says, he even accepted photocopies of Lucido's notes, and neighbors used to find them littering the • sidewalk in front of his club. One neighbor, who asked not to be named, still has a copy of one such note from Lucido's office. The patient is a mere 21 years old and suffers from back pain. Lucido says he used to write such notes and rely on patients to provide verification later. But he says he discontinued that practice two years ago, and now requires independent verification of his patients' ailments from another physician. Lucido says Estes has been a'headache for his medical practice. Two years ago, the doctor says, Estes printed business cards that claimed he was working in conjunction with Lucido. The physician says that as soon as he found out, he had a lawyer call Estes and tell him to stop making that claim immediately. "I'm not connected with the clubs, and I don't refer people to the clubs," he says. "1'm sure people mention my name, but it's never the case that we work in conjunction with each other." Lucido said he couldn't remember Stacey Trainor. Why is Trainor telling so many tales out of school? It all began two years ago, when she began an affair with Rocky Grunner. The feud culminated on August 31, 2000, when Trainor swore out a temporary restraining order against Estes, claiming that Estes threatened to kill her. When the Lafayette cops arrived at his house to serve it, they found more plants growing in the basement. Back went Estes into the pokey, and the cops even raided the club and seized product and financial records. Two months later, Lafayette narcotics agents raided Grunner's own house and seized seventeen pounds of marijuana. Trainor eventually broke off her affair. Grunner could not be reached for comment. Six months ago, as Estes became the subject of a Contra Costa district attorney investigation, Trainor met with assistant district attorney Phyllis Franks and county investigator Tony Arcado. • 48 H ~54 • Over the course of several hours, she told the story of their life together. According to her statement, Estes didn't start his new career dealing medical pot -- but cocaine. "After selling the tanning salon, Estes earned income by selling cocaine," Arcado wrote in his summary of Trainor's interview. "Trainer [sic] said the income from the cocaine business ran out in 1993, and Estes switched to selling marijuana." Estes vehemently denies the charge and claims that Trainor, who declined to comment for this story, is lying as part of achild-custody dispute. "That's false, not true at all," he says. "No, I didn't sell the salons, I didn't sell cocaine. She was lying because she thought she was moving to Canada with the kids, and she thought that before she left, she could throw a bunch of stuff in the mix to mess me up in court. Because she downright hates me for dumping her." It was bad enough when neighbors watched police raid the club and kids line up for weed -- then the robberies began. On the evening of Friday, October 12, 2001, the club was winding down after a long day when someone knocked on the door. An employee pulled the door open and stared straight down the barrel of a silver handgun. "We opened up the door, same as for everybody: 'Hey, what's up?"' Estes says. "The guys came in. They put everybody on the ground and took everything:" Time was running out for Estes. The kids and the police raids were bad enough, but now men were waving guns around and racing off with drugs. At the time, Estes had no security guards, no iron gate on the door, just a lot of cash and pot. Soon, the other pot-club operators came a-callin'. The robbery put new heat on all of them as City Councilmember Linda Maio started making noises. Don Duncan from the Berkeley Patients Group visited the club and found it pleasant enough, but Estes had clearly failed to implement even basic security procedures. "There weren't a lot of people around, the club was fairly deserted, and that • was a security challenge," Duncan says. "And the front gate was a problem." When Duncan suggested retaining security personnel, Estes responded by hiring a couple of guys he knew from around town. Neighbors and police representatives claim that this just made things worse. The men were not professional guards, and scared people away from the neighborhood by loitering on the sidewalk during business hours. Estes says the neighbors are giving way to their own racist fears. "If you talk to them, they're big, soft, easygoing guys," he says. "But unfortunately they're black. And in this society, you think of black as criminal. So the moment you see black people standing around, looking at your ID, I guess it looks like a crack house. I have black friends, and that seems to be held against me. None of the other clubs seems to be scrutinized as much as me." Not only did the guards not sit well with the neighbors, they also didn't stop the crime. On the evening of December 13, 2001, as the guards had drifted back into the club and Estes' employees began stacking the chairs, one last patient, a young woman, knocked on the door. As an employee opened the door for her, he glanced down to his left and saw three men crouched low. The woman turned and walked back to the sidewalk and the men rushed through the door. One pulled out an Uzi submachine gun, and the second robbery in two months was under way. The thieves probably wouldn't have kept coming back if there hadn't been so much to steal. Estes refuses to say how much pot was lost during the first robbery, but he says he kept an average of three pounds of dried marijuana in his store at all times. "Some of it was in ounces, some of it in eighths, prepackaged in a variety of amounts," he says. "Plus we had hash, we had kief, we had oils and other extracts from marijuana. We had baked goods, brownies, carrot cakes, Reese's peanut butter cups that were done like that. r1 L_J 49 H-55 We had everything." At $65 an eighth, that meant thugs could make off with about • $25,000 with one quick hit, to say nothing of the cash he kept on hand. With this, the city had finally had enough. City Councilmember Linda Maio convened a neighborhood meeting about the club -- which Estes didn't bother to attend -- and told the rest of Berkeley's cannabis dispensaries to bring their colleague to heel. "I called Don Duncan and his folks and said, you guys have to be part of the solution here," she says. "It's not okay that this happens, and it's not acceptable if this is just a rare thing. Don knows that this is not acceptable -- he understands that this would jeopardize the whole movement if it's allowed to get worse." Estes' new office manager, Dorrit Geshuri, sat down with City Manager Weldon Rucker and police officials, and other Alliance members, and together they hammered out a series of reforms. On January 2, Geshuri agreed to the following terms: the club would only operate five hours a day; less than a pound of dope would be on the premises; newspaper advertising would stop immediately; a professional security company would be retained; and security cameras would be installed. The final robbery on June 5 spelled the end for Ken Estes. Despite his promise not to keep more than a pound of pot at the store, neighbors report that during the getaway, the robbers' duffel bag was so heavy that they had to drag it down to the car. As for the security cameras, club officials claimed that they had mysteriously broken down that day, and there was no film of the incident. Estes had used up his last store of good faith, and even the other clubs agreed he had to go. "1 don't think Ken is a bad guy, but it's no longer appropriate for him to operate in Berkeley," Duncan says. "The consensus of the Alliance is for Ken to leave the city, to either move on or find another career. That conclusion has been some time in coming. We're happy to have him as a friend, but it's in the best interest of the patients that Ken close for real." Duncan's abandonment has left Estes fairly bitter. • "Yeah, they don't want the competition," he says. "They can keep the prices high, and they can control the game. It's business, it's all about business. If you're Starbuck, you want Peet's out of town." Still, Estes has finally agreed to get out of town. He, his brother Randy Moses, and Geshuri have signed a lease at a new club in Oakland, near the corner of 18th Street and Broadway, where he promises to tighten up security. The numerous car dealerships have given in this part of town its historic name, "Auto Row," but it should really be called "Pot Row." Virtually all the pot clubs in Oakland are clustered in this neighborhood, and they're not happy to see Estesjoin them. If Estes wants to defy Jones, his new neighbors, the cops, and the entire city of Oakland, there's not much anyone can do about it. Linda Maio was at a loss when it briefly looked like Estes had decided to stay in Berkeley; she ineffectually threatened to circulate a petition and prepare a nuisance complaint. As for, say, an undercover operation to catch Estes selling to customers without a valid doctor's note, she never considered that option for a second, and police won't say whether they did. If this the best local government can do, Estes is in the clear. But medical marijuana's era of raw capitalism may be coming to an end. State Senator John Vasconcellos has drafred a new bill regulating the industry, and now that it has the support of both the California District Attorneys' Association and the California State Sheriffs' Association, Governor Davis has indicated that he might sign it. The bill would establish a statewide registry ofinedical-marijuana patients and caregivers, who would receive a card certifying their medical status. Physicians would submit candidates for medical pot to the county Health Department, which would approve or reject applicants based on a review of the accuracy of the medical records. 50 H ~56 The state Department of Health Services would develop regulations that define how much pot dispensaries can grow and store, bypassing the many nebulous questions surrounding how pot clubs currently get their wholesale product. Although the bill's primary intent is to protect patients facing reactionary and unjust arrests, the bill could have the secondary effect of regulating cultivators. This may explain why Californians for Compassionate Use, the organization that thought up Proposition 215, has joined the Committee on Moral Concerns in opposing the bill. But get this: the registry system is strictly voluntary. Vasconcellos' bill is more focused on reining in the police, and so it barely dwells on reining in medical-pot cultivators. The new cards offer absolute protection from scary Modoc County sheriffs, but in return both patients and caregivers must operate responsibly. For operators in progressive cities such as Berkeley and Oakland, who already can move in the light of day, there's no incentive to sign onto the deal. And so, through a strange accident of history, marijuana seems likely to remain the least-regulated ingestible substance in California. Of course, good old-fashioned drug laws may solve the Ken Estes problem for us. Assistant district attorney Phyllis Franks of Contra Costa County is preparing to try Estes on four felonies stemming from the Concord raids, and if convicted, he'll be out of business. This brings up the final legal question unresolved by Proposition 215: how do prosecutors determine whether someone is a legally sanctioned caregiver, or a drug dealer? The answer is there is no answer. District attorneys around the state have relied on counting pot plants; if you've got too many, you must be a dealer. How many plants is too many? No one knows. While a handful of cities such as Berkeley have capped the amount of pot cannabis clubs can have • on hand, prosecutors more typically eyeball the plants and make a simple judgment call. That's what they've done with Estes, but the system is hardly precise. If Estes is convicted, he will pay a terrible price for this lack of precision; the charges carry a possible prison sentence of three years and eight months. But his complex reputation also could be laundered overnight. When Estes turned himself in, forty demonstrators accompanied him to the station, and his image -- the martyr of medical marijuana, persecuted by vindictive prosecutors -- was flashed across the nightly news throughout the Bay Area. Stacey Trainor's allegations aside, Ken Estes seems a kind, generous man, ready to take you into his company at a moment's notice. But nothing out there can protect us from his tendency to trust the wrong people, of whom there are still plenty in the shadowy, twilight world of marijuana. Estes admits he's made some mistakes, and vows to improve his operation. "We began something here, and we didn't know where it would go," he says. "I've made mistakes in retrospect, but we tried to work it out. Stacey and all that stuff was a big problem -- I had no problems before that. 1 believe 1 know who's behind this, the robberies. All this stuff that's gone on has happened since Stacey went to the police, and the police believed her. They told me that many times women turn on their drug-dealing boyfriends, and this seems like a case of that. I wish I could have hired better people, but I can't say that I would have done anything different. I really didn't foresee the criminal element making its presence like it did. But 1 can only do so much." And should Estes revert to his old, seat-of--his-pants ways, we may have no choice but to put up with him. www.compassionatecoalition.ore/commendrepl / • 51 H-57 Medical marijuana merchant defies Oakland order to close. Others might go • underground, as city's new rule gets mixed reaction from consumers, business owners Oakland Tribune (CA) Wednesday, June 02, 2004 By Laura Counts, STAFF WRITER OAKLAND -- Medical marijuana patients who packed into the Dragonfly Holistic Solutions dispensary on Telegraph Avenue on Tuesday seemed unaware the business had been told by the city to shut down. They said they were seeking the most potent medicine in town -- a strain of marijuana called "Barney Purple" -- and didn't like hearing that new city rules will limit them to four city-sanctioned establishments. "If you enjoy feeling pain-free, this is the place to be," said Sullivan Wallace of Oakland, who says he has a cannabis prescription to fight chronic pain and anxiety. Seven existing dispensaries and one proposed club had applied for the four business permits available. After a series of hearings and several delays, the clubs were notified Friday afternoon whether they made the cut. Those that received licenses will have to pay a $20,000 annual fee. Those that did not were supposed to close Tuesday. Dragonfly did not make it, but owner Ken Estes said he will continue to operate in defiance of city rules until he is arrested. He planned a protest outside the dispensary Tuesday morning, but the only signs of one emerged when the doors to the club opened 15 minutes late. "There is some kind of discrimination going on behind the scenes," Estes said. "Or else the city is out of touch with the patients, because we are the preferred club. When we opened, we forced prices down and brought in higher quality (than the other clubs)." Other club owners, including some who were issued permits, criticized the city's process as arbitrary and complained that three days wasn't enough notice for them or the employees on their payrolls. Still, no • one except Estes continued business as usual. One dispensary owner contended there are clubs that did not even apply for a city permit and may try to operate under the radar. "There are some who chose not to pay $300 and sign a confession," said Richard Lee, owner of the Bulldog Cafe, who got a permit for his cafe on Broadway but not for his small SR71 Cafe on 17th Street, according to the city manager's office. Even though Lee received a permit, he contended the process was arbitrary and the four-club limit does not make sense. He plans to move to a larger location to serve the additional customers the closures will bring. "This thing is getting too big for them to say there can only be four clubs. There are too many people who appreciate getting marijuana in a civilized way," said Lee, one of the backers of an initiative now collecting signatures for the November ballot that would all but decriminalize adult use of marijuana in Oakland. Sparky Rose, operator of Compassionate Access on Telegraph -- which also was approved -- said he serves 7,000 patients and is expecting more. He plans to soon move to a larger location nearby. "It was difficult to gauge what was important to the city when we were presenting ourselves. There wasn't a lot of transparency in the process," Rose said, adding that everyone was asked for the same information. "They should have extended the deadline, because a lot of clubs have a lot of employees and a holiday weekend isn't much notice." The city inspected the clubs for code violations, checked for any complaints against them, and asked for information ranging from number of patients to products to prices. In the end, according to a letter from the city's Administrative Hearing Officer Larry Carroll to Estes, the city seemed to put more stock on who had operated the longest. • 52 H ~58 . The three clubs issued permits in the "uptown" area had operated between two and five ' years, though the fourth club on West Grand is a relative newcomer. The Lemon Drop Coffee shop on Telegraph is one of the more established clubs in the area, nicknamed "Oaksterdam," but it did not receive a permit. Owner Mark Belote said the well-stocked coffee shop will continue to sell its mochas and pastries, gelatos and cakes, but stop pot sales. "1 want to do everything legally. I've always been honest with them, so we'll see what happens," he said. "1 have an eight-year lease here, so the cafe will stay open." Karry Carr of The Green Door dispensary on Webster Street said he fully expected to get a permit. The building met all code requirements and there were no complaints against the club. It opened last October with the blessing of the city, even stating it was a cannabis dispensary on its business license. The city renewed its license in February. The Green Door is now seeking an injunction to stay open until it can get a court hearing. Its owners contend the application process was fraudulent. Under the new rules, denial of permits cannot be appealed, Carroll said. The final determination was made by City Administrator Deborah Edgerly, who could not be reached for comment Tuesday. As for those that continue to operate in violation, Carroll said, "the city is considering its options." Carroll said he will send final warning letters and may give them a short grace period. However, he noted, "all of those operating without permits are outside of the city's low policing priority with regards to medical marijuana, so the police could take action." The city will review the new rules in six months. Jeff Jones, director of the Oakland Cannabis Buyers' Cooperative --which issues identification cards but does not dispense -- said he has been advising clubs to follow the rules. "The city is'our friend, • and we are in this together. They are doing what they feel they need to do," Jones said. "I think the best practice is to close down quietly, and we'll spend the next six months lobbying to increase the limit." http://www.mariiuana.ore/OaklandTrib6-02-04.htm Marijuana Clubs Question Ethics Of City's Order To Close Friday, May 19, 2006 by Tom Lochner Contra Costa Times Richmond, CA -- With the crafting of a medical marijuana regulating ordinance stalled, the Richmond City Attorney's office has ordered the immediate closure of two cannabis clubs, the only ones known to operate in the city. One, Natural Remedies Health Collective on Macdonald Avenue, promptly closed. The other, Holistic Solutions on Hilltop Mall Road, remained open Thursday. Owner Ken Estes said he hopes to persuade Richmond officials and council members that his business benefits both patients and the city at large. In acease-and-desist order dated May 16, Assistant City Attorney Trisha Aljoe told Natural Remedies owner Linda Jackson that failure to comply will result in the filing of criminal charges. Estes said he received a similar letter. With no land-use standards permitting medical marijuana dispensaries in the city, the letter reads, "your continued marijuana operation is in clear violation of the Richmond Municipal Code and constitutes both a public nuisance per se, as well as a criminal misdemeanor." Jackson closed her shop Wednesday, but on Thursday, she questioned the legality and ethics of the city's order. "This is taking away my livelihood and putting my patients in harm's way," said Jackson. • 53 H-59 She also questioned how the city could prosecute her, because no city law specifically • addresses cannabis clubs, which are legal under California law -- unless the city decides to enforce the federal law. In 1996, the state's voters approved marijuana for medical use on the recommendation of a doctor. The federal government, however, considers marijuana an illegal drug, with no medical use. Aljoe did not return calls Thursday.'The city's administrative chief, Jane[ Schneider, said the city attorney's office takes the stand that cannabis clubs are illegal since the city code does not explicitly permit them. Moreover, she said, the city's zoning ordinance rules out unlawful activities in general. Richmond's legal stand differs from that of some other Contra Costa cities, which passed urgency moratoriums on the opening of cannabis clubs. Those cities, among them Antioch, Oakley, Pinole and San Pablo, reasoned that without a moratorium, their cities lacked the legal mechanism to keep cannabis clubs from opening absent any reference to them in their municipal codes. Richmond, too, once had a moratorium; it lapsed in October. A draft ordinance that would limit cannabis clubs to certain commercial areas bounced among the Planning Commission, Public Safety Committee, City Council and city staff for months. On Thursday, the committee declined to adopt a recommendation by the city staff to declare cannabis clubs a "non-permitted use" and referred the matter to the city council to consider as part of a general plan overhaul. Police Chief Chris Magnus said Thursday that cannabis clubs are a drain on police resources. But earlier this year, Richmond Police spokesman Lt. Mark Gagan quipped that things were so quiet at Natural remedies he had virtually forgotten it existed. Magnus said there was a burglary at Natural Remedies in May 2005. But Jackson said that occurred under a previous owner. And at Holistic solutions, Magnus said, Richmond officers observed a steady stream of young people coming and going, causing him to doubt they were there for • medical reasons. But Estes said many younger people use medical marijuana for pain resulting from injuries and that police should come inside to observe how he checks out his patients. Copyright Contra Costa Newspapers Inc. www.hemp.net/news/index.php?article=1149877045 Clearlake, CA: Moratorium on marijuana dispensaries (June 6, 2006) Submitted by Nathan on Mon, 06/12/2006 - 9:24am. Lake County. California Moratorium on marijuana dispensaries 06/06/2006 Denise Rockenstein, Lake County Record-Bee Source: http://www.record-bee.com/oanews/ci 3906208 Should weed stay or should weed go now? In 1996, California voters said that it should stay. Yet, 10 years after the passage of the Compassion Use Act, barriers are still blocking patients' access to medicinal marijuana. The City of Clearlake is taking a backseat in the movement, placing a moratorium on the issuing of business permits for marijuana dispensaries. It is the city's hope that the issue will be resolved in Federal Court before the moratorium, which has been extended to 10 months, 1 ~ days, is complete. The moratorium prohibits the issuing of business permits for medicinal marijuana dispensaries. Furthermore, it does not provide for renewal of business permits for existing businesses that provide patient access to marijuana medicine. • 54 H 60 • The purpose of the moratorium is to allow city staff time to establish zoning regulations pertaining to medical marijuana dispensaries. According the staff report submitted to the council on May 25, "Clearlake currently has no permitted Dispensaries, but the Police Department believes there may be businesses distributing medical marijuana in the City, and that it is likely that persons will seek land use entitlements and permits from the City to distribute medical marijuana." Holistic Solutions, a natural healing center that provides medicinal marijuana, has been operating on Lakeshore Drive in Clearlake for more than a year under City of Clearlake Business License No. 4535. Another distributor, Barrett Consulting, which operates Alternative Patient Services out of the Java Express Mall, has been a permitted business in the City of Clearlake for more than four years. In years past, there has not been a particular business license application available in the city that specifically licenses a marijuana dispensary-type business. The city's business application does however, require a description of the type of business for which the license is being sought. Both Holistic Solutions and Barrett Consulting have been successful in obtaining a business license as well as renewals of those licenses. As with all City of Clearlake business licenses, both will expire on Sept. 30, 2006. "If something doesn't change before (Sept. 30) I will be out of business," said James Barrett, Barrett Consulting proprietor who began his business after recognizing a need for local access. He further identified the elderly as being most affected by access barziers, stating that the teenage population basically has unlimited street access to marijuana. "The thing with the moratorium is that there is going to be a lot of (elderly), patients that can't get their medicine." Barrett agrees that zoning regulations on medical marijuana dispensaries are • needed as does Holistic Solutions co-owner Dave Moses. "Zoning regulations are badly needed," Barrett said, "but, in my opinion, that should have been taken care of in 1997." Moses has extended his assistance to the city staff in establishing regulations on businesses providing medicinal marijuana to patients. Moses, along with his brother Ken Estes, have been involved in the marijuana movement for more than 13 years. Estes, president of Holistic Solutions, began using medical marijuana following a paralyzing motorcycle accident in 1993. "When I was going through my rehab I tried marijuana for the first time and it really worked. It did something that the pills weren't doing. It gave me my appetite back and I could sleep," Estes explained from his wheelchair. "The pills were breaking me down and the marijuana was kind of filling me up. Making me eat; giving me a good positive attitude. There are some good characteristics to marijuana that pharmaceuticals long to have." Estes and Moses were instnimental in the establishment of regulations in the San Francisco area where they operate two more dispensaries. An outline of those regulations has been submitted to city staff. As of Tuesday, June 6, the city has made no attempt to contact either Estes or Moses although they are eagec,to help put zoning regulations in place. "We want regulation and control because we believe in that," Moses said. "We don't think that we should be within 100 feet of a school, or operate all hours of the night, for example, and we would be like to be contributing our fair share to the city's coffers." Although Moses had requested that the council include in its moratorium authorization for renewal of existing business licenses, his request was denied. However, Mayor Joyce Overton recommended that the item be brought back before the council for a progress update iri August. Contact Denise Rockenstein at drocken stein(n~cl earl akeobserver.com. • 55 H-61 RESOLUTION NO. 08-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2008-00307 ADDING CHAPTER 17.44 TO TITLE 17 (THE DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment No. DRC2008-00307, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application." 2. On the 14th day of May 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. • NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on May 14, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: The application applies to the 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 Municipal Code; 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 vicinity; and H ~62 PLANNING COMMISSION RESOLUTION NO. 08-24 DEVELOPMENT CODE AMENDMENT DRC2008-00307- MEDICAL MARIJUANA ORDINANCE May 14, 2008 Page 2 d. The subject application is consistent with the objectives the Municipal Code; and e. The proposed amendment is in conformance with the General Plan. 4. The Planning Department staff has determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Section 15061 (b)(3) of CEQA because the ordinance will impose greater limitations on uses than may be conducted on developed properties in the City and will thereby serve to reduce potential significant adverse impacts. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staff's determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Municipal Code Amendment No. DRC2008- 00307 by recommending adoption of the attached City Council Ordinance. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14TH DAY OF MAY 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ATTEST: Pam Stewart, Chairman 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 14th day of May, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • H-63 ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADDING CHAPTER 17.44 TO TITLE 17 (THE DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The People of the State of California approved Proposition 215, which was codified as California Health and Safety Code § 11362.5 and entitled the Compassionate Use Act of 1996 ("the AcY'). (ii) The Act prohibits the provisions of law making unlawful the possession or cultivation of marijuana, from applying to a qualified patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical use of the patient upon the recommendation of a physician, and also prohibits the criminal prosecution or punishment of a physician for having recommended marijuana to a patient for medical purposes. (iii) Thereafter, the State Legislature enacted Senate Bill 420 (the "Medical Marijuana Program"), codified as California Health and Safety Code § 11362.7, et seq., which requires the State Department of Health Services to establish and maintain a voluntary program for the issuance of identification cards to qualified patients and primary caregivers, and prohibits the • arrest of a qualified patient or a primary caregiver with a valid identification card for the possession, transportation, delivery, or cultivation of medical marijuana.' (iv) One purpose of the Act and the Medical Marijuana Program is "[t]o encourage the Federal and State governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana...." (v) Neither the Federal nor the State government has implemented a specific plan "to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana," leaving cities with a lack of direction about how the Act is intended to be implemented, particularly in regard to distribution of medical marijuana through dispensaries. (vi) The Medical Marijuana Program provides additional statutory guidance for medical marijuana use and cultivation, but it does not explicitly address the role of dispensaries, nor does it require that cities provide for or allow the establishment and/or operation of medical marijuana dispensaries. (vii) Notwithstanding the passage of the Act and the Medical Marijuana Program, the possession for sale and distribution of marijuana is prohibited by the Controlled Substances Act, 21 U.S.C. § 841, and California Health and Safety Code §11359. (viii) California law does not provide for the sale or distribution of marijuana by medical marijuana dispensaries to a primary care giver, a qualified patient or a person with an identification card, as those terms are defined in California Health and Safety Code §11362.7. • H -64 CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2008-00307 Page 2 • r (ix) The Rancho Cucamonga Municipal Code currently does not restrict the existence or operation of medical marijuana dispensaries in the City of Rancho Cucamonga. (x) Medical marijuana dispensaries have been established in numerous locations in California, and as a consequence, local agencies have reported negative secondary effects on the community, which effects include, illegal drug activity and drug sales in the vicinity of dispensaries; robbery of persons leaving dispensaries; driving under the influence of a controlled substance by persons who have obtained marijuana from a dispensary; persons acquiring marijuana from a dispensary and then selling it to anon-qualified person; burglaries and robberies; and an increase in vacancies in the commercial areas in the vicinity of such businesses. (xi) The California Police Chiefs Association has compiled an extensive report detailing the negative secondary effects associated with medical marijuana dispensaries. The City Council hereby finds that the report, a complete copy of which is on file in the City Clerk's Office, contains persuasive anecdotal and documented evidence that medical marijuana dispensaries pose a threat to public health, safety and welfare. (xii) California Health and Safety Code §11362.5(b)(2) expressly provides that nothing in the Act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes. • (xiii) The City Council hereby finds that, because of the inconsistency between State and Federal law relating to the possession, sale and distribution of marijuana, and because of the documented threat to public health, safety and welfare, it is in the best interests of the citizens of the City of Rancho Cucamonga that the City prohibit the establishment and operation of medical marijuana dispensaries within any and all zones of the City of Rancho Cucamonga. (xiv) This Ordinance is enacted pursuant to California Health and Safety Code §§ 11362.5(b)(2) and 11362.83, and the City's police power as granted broadly under Article XI, Section 7 of the California Constitution, in order to promote the health, safety and welfare of the residents of the City of Rancho Cucamonga. B. Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Anew Chapter 17.44 is hereby added to Title 17 of the Rancho Cucamonga Municipal Code, to read as follows: "Chapter 17.44 MEDICAL MARIJUANA DISPENSARIES Section 17.44.010 Purpose and Findings. • 2 H-65 CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2008-00307 • Page 3 The City Council finds that Federal and State laws prohibiting the possession, sale and distribution of marijuana would preclude the lawful opening and operation of Medical Marijuana Dispensaries sanctioned by the City of Rancho Cucamonga, and in order to serve public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this chapter is to prohibit the operation or establishment of Medical Marijuana Dispensaries within the City, as provided in this chapter. Section 17.44.020 Definitions. The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section: A. Identification Card: is a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any. B. Medical Mariiuana: is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic paid, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition • for which marijuana is deemed to provide relief as defined in California Health and Safety Code § 11362.7(h). C. Medical Mariiuana Disoensary or Disoensary: is any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. Each of these terms is defined herein and shall be interpreted in strict accordance with California Health and Safety Code §§11362.5 and 11362.7, et seq. as such sections may be amended from time to time. D. Primary Care Giver: is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person. E. Physician: is an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate. 3 H-66 CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2008-00307 Page 4 F. Qualified Patient: is a person who is entitled to the protections,of California Health and Safety Code §11362.5, but who does not have an identification card issued by the State Department of Health Services. Section 17.44.030 Medical Marijuana Dispensaries Prohibited. It shall be unlawful for any person or entity to own, manage, establish, conduct, or operate any Medical Marijuana Dispensary, or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any Medical Marijuana Dispensary, in the City of Rancho Cucamonga. Section 17.44.040 Use or Activity Prohibited by State or Federal Law. Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any State or Federal law. Section 2. Existing Nonconforming Uses. Any Medical Marijuana Dispensary existing within the City of Rancho Cucamonga on the effective date of this ordinance shall cease operations forthwith. • Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any • final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 4. Savings Clause. Neither the adoption of this Ordinance, nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Rancho Cucamonga Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. Section 5. Penalty. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provisions of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance. ~, H-67 C~ CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2008-00307 Page 5 Section 6. The City Clerk shall certify to the pass of this Ordinance. ADOPTED AND APPROVED this day of 2008. Mayor I, Debbie Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing urgency Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2008, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: • City Clerk, City of Rancho Cucamonga 5 H-68