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Home My WebLink About2010/12/08 - Agenda Packet - Planing Commission S THE CITY OF RANCHO CUCAMONGA ty j PLANNING COMMISSION L% AGENDA ANCHO C CAMONGA DECEMBER 8, 2010 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO-ORDER Roll Call Chairman Munoz_ Vice Chairman Howdyshell Fletcher Wimberly_ Oaxaca _ • I II. ANNOUNCEMENTS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA HONORING DEPUTY RON WRIGHT FOR HIS DEDICATED SERVICE AND LEADERSHIP TOWARDS A SAFER COMMUNITY A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA HONORING DEPUTY NICHOLAS CLARK FOR HIS DEDICATED SERVICE AND LEADERSHIP TOWARDS A SAFER COMMUNITY III. APPROVAL OF MINUTES November 10, 2010 Regular Meeting Minutes IV. 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 5 S PLANNING COMMISSION AGENDA DECEMBER 8, 2010 RANCHO CUCAMONGA A. ENTERTAINMENT PERMIT DRC2010-00680 - SARTAJ SINGH FOR ANTONINO'S RESTAURANT-A request to include live entertainment in conjunction with an existing full service restaurant and bar located within the Specialty Commercial District of the Foothill Boulevard Specific Plan (Subarea 2), at 7945 Vineyard Avenue, Suite D7 - APN: 0208-101-05. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA guidelines Section 15301 (Class 1 Exemption - Existing Facilities). B. NON CONSTRUCTION CONDITIONAL USE PERMIT DRC2010-00730- CAROL MCINTOSH FOR HIDE A WHILE LOUNGE-A request to provide entertainment and amusement devices in conjunction with an existing bar located within the Community Commercial District of the Foothill Boulevard Specific Plan (Subarea 3), at 9469 Foothill Boulevard - APN: 0208-261- 40. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act pursuant • to State CEQA guidelines Section 15301 (Class 1 Exemption - Existing Facilities). Related File: Entertainment Permit DRC2010-00731. C. ENTERTAINMENT PERMIT DRC2010-00731 -CAROL MCINTOSH FOR HIDE A WHILE LOUNGE - A request to provide entertainment in conjunction with an existing bar located within the Community Commercial District of the Foothill Boulevard Specific Plan(Subarea 3), at 9469 Foothill Boulevard - APN: 0208-261-40. Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA guidelines Section 15301 (Class 1 Exemption - Existing Facilities). Related File: Non- Construction Conditional Use Permit DRC2010-00730. D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18782 - LEWIS APARTMENT COMMUNITIES - A request to create a Tract Map for condominium purposes for a 11.15-acre site within the High (H) Residential Development District (24-31 d/u per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue, Spruce Avenue and Town Center Drive-APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related file: Design Review DRC2010-00361. • 2 of 5 1:14:7 PLANNING COMMISSION AGENDA CP j2ANCHo DECEMBER 8, 2010 CUCAMONGA E. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2010- 00361 - LEWIS APARTMENT COMMUNITIES - A review of plans for a multi-family housing development consisting of 192 units on 11.15 acres of land within the High (H) Residential Development District (24-31 d/u per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue, Spruce Avenue and Town Center Drive - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related file: Tentative Tract Map SUBTT18782. F. NON-CONSTRUCTION CONDITIONAL USE PERMIT DRC2010-00893- EL PERICO RANCHERO -A request to sell distilled spirits (Type 47 ABC License) at an existing 1,500 square foot Mexican restaurant located at the northeast corner of Archibald Avenue and 19th Street within the Neighborhood Commercial District at 9770 19th Street, Suite C6 - APN: • 1076-011-08. Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines as a Class 1 (Section 15301) exemption, which covers the permitting of existing structures that involve little or no expansion or use beyond that existing at the time of the lead agency's determination. G. TRAIL ABANDONMENT DRC2009-00848 - A request to abandon two portions of a Local Feeder Trail that lead from the trail between residences onto Ranch Gate Road in the Very Low Residential District. The two portions of trail are between 5272 & 5278 Ranch Gate Road and one completely on the south side of 5340 Ranch Gate Road -APN: 1061-021- 02; 1061-021-03; 1061-031-04. This project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15305 (Class 5 Exemption - minor alterations in land use limitations). This item will be forwarded to the City Council for final action. CONTINUED FROM NOVEMBER 10, 2010; NEW CONTINUANCE REQUESTED • 3 of 5 i- r 4-4(-7,\•L PLANNING COMMISSION AGENDA S I DECEMBER 87 2010 RANCHO CUCAMONGA IV. PUBLIC COMMENTS I 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. IVI. COMMISSION BUSINESS/COMMENTS IVII. ADJOURNMENT The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. 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 December 1, 2010, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. L-1— ."•s '. c2-emu+—T-2/-----_____ ® If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position,you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the • 4 of 5 PLANNING COMMISSION AGENDA L-..� DECEMBER 8 2010 RANCHO CUCAMONGA Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the • offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m.to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City 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$2,124 for maps and $2,231 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonqa.ca.us • 5 of 5 • Vicinity Map • Planning Commission Meeting December 8, 2010 F E A B and C r. rnJ 1 ' E L C ; I 4'' d —y r € d I a U = Q 2 2 ..% i y i SPAIIIII k 11115.6111111 - - not ;:! i r ine 7--' Ba se Line j grub : Dand E r� Church , Church i oothill "+ P41_____M Mini : Sa Foothill N�a �!'' Arrow i Arrow CU C d c C a Jersey •C m till• 8th i > E W m j wj CD "I ( ' .�..�.. 6th m r 0 ; � � e J ij 16th N t E N Y 4th Q = = n t 4th * Meeting Location: • City Hall 10500 Civic Center Drive Ln.Q/1 e et-A. • Vicinity Map Planning Commission Meeting December 8, 2010 G F A B and C ,I Urn I I I rnj,i m 'd E a i Int ! m A es i C P lier _. : :> Church i1iIuPIF!Et and E a 41111111k 11109 oothill ii . Foothill Arrow tl 1Paa Arrow ar_ co i 3 y� 8th NNW_ ' w Wi 0) 1 �� stn, 6th t y Y e 0 to 4th i < ..� • Z i ?l■I 4th CO * Meeting Location: City Hall 10500 Civic Center Drive • STAFF REPORT PLANNING DEPARTMENT L DATE: December 8, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Jennifer Nakamura, Associate Planner SUBJECT: ENTERTAINMENT PERMIT DRC2010-00680 - SARTAJ SINGH FOR ANTONINO'S RESTAURANT - A request to include live entertainment in conjunction with an existing full-service restaurant and bar within the Specialty Commercial District of the Foothill Boulevard Specific Plan (Subarea 2), located at 7945 Vineyard Avenue, Suite D7 - APN: 0208-101-05. The Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA guidelines Section 15301 (Class 1 Exemption - Existing Facilities). • PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Office Building — Office Professional South - Commercial Center— Community Commercial (Foothill Specific Plan — Subarea 3) East - Commercial Center— Community Commercial (Foothill Specific Plan — Subarea 3) West - Commercial Center— Community Commercial (Foothill Specific Plan — Subarea 2) • B. General Plan Designations: Project Site - General Commercial North - Low Residential South - Medium High Residential East - General Commercial West - General Commercial C. Site Characteristics: The proposed application is for the operation of entertainment within an existing 5,300 square foot restaurant and bar located in an existing multi-tenant commercial center at the northeast corner of Foothill Boulevard and Vineyard Avenue. The restaurant and bar operation were approved under Conditional Use Permit CUP97-06 by the City Planner on June 10, 1997 (Exhibit D). ANALYSIS: A. Background: The project site is an existing multi-tenant commercial center that includes a variety of commercial uses. The establishment,Antonino's, has been in continuous operation under the same ownership since 1998. The applicant has not proposed any exterior or interior modifications to the building in conjunction with this application. The establishment currently has a Type-47 License from the California Department of Alcoholic Beverage Control for the sale of distilled spirits for on-site consumption. B. General: The applicant has applied for an Entertainment Permit in order to allow karaoke, as • well as a DJ and dancing for two special events (Halloween and New Years Eve). The proposed dance floor would be approximately 49 square feet. The applicant is not requesting dancing during karaoke, and dancing will be strictly prohibited during this Entertainment as a condition of approval for the project. All entertainment activities would take place in the bar ITEM A PLANNING COMMISSION STAFF REPORT DRC2010-00680 - SARTAJ SINGH FOR ANTONINO'S RESTAURANT December 8, 2010 • Page 2 • area, which is approximately 1,000 square feet. The remainder of the restaurant will be open for business as usual. The Rancho Cucamonga Police Department has reviewed the application and has no objections to the proposed entertainment (Exhibit E). The applicant is not proposing any expansion of operating hours or any other operational characteristics of the restaurant and bar; therefore, a new Conditional Use Permit is not required. The current approved hours of operation for the restaurant and bar are as follows: Approved Hours of Operation under CUP97-06 Restaurant: Daily 10:00 a.m. to 10:00 p.m. Bar: Daily 11:00 a.m. to 12:00 a.m. The proposed entertainment type and hours are as follows: Entertainment Hours Karaoke: Daily 5:00 p.m. to 12:00 a.m. DJ and Dancing: Halloween and New Years Eve only: 5:00 p.m. to 12:00 a.m. C. Compatibility of Use: The subject application is a request to allow karaoke, as well as a DJ and dancing for two special events (Halloween and New Years Eve). The subject site has a General Plan land use designation of General Commercial which according to the General Plan allows for: "a wide range of community-oriented and regional-oriented commercial businesses." Antonino's Restaurant has served the local community for 12 years, and the addition of the proposed entertainment will allow the restaurant to continue to serve the local . community. The proposed entertainment is compatible with the surrounding properties. D. 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 1 exemption under State CEQA Guidelines Section 15301 (Existing Facilities) because the project does not result in any interior or exterior alterations, and there is no substantial evidence that the project may have a significant effect on the environment. FACTS FOR FINDING: Entertainment Permit The evidence indicates that: 1. The conduct of the establishment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to regulate the days and hours of entertainment and ensure proper service of alcohol • to patrons, and the building complies with all applicable Fire and Building Codes; and A-2 PLANNING COMMISSION STAFF REPORT DRC2010-00680 - SARTAJ SINGH FOR ANTONINO'S RESTAURANT December 8, 2010 • Page 3 2. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and 3. The normal operation of the premises would not interfere with the peace and quiet of the surrounding office buildings and commercial centers as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon the adjacent uses; and • 4. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Entertainment Permit DRC2010-00680 through the adoption of the attached Resolution of Approval with Conditions. • Respectfully submitted, Jame R. Troyer, AICP Planning Director JRT:JN/ge Attachments: Exhibit A - Location Map Exhibit B - Floor Plan • Exhibit C - Police Review Letter Exhibit D - Staff Report and Resolution of Approval CUP97-06 Draft Resolution of Approval for Entertainment Permit DRC2010-00680 • • A-3 r IA el M }( V , \rfi�J 1 Irv. L M ... 1' - 'r•'44.v '{ y ll t Z I I 'w 7., ^ � V- 6.,i Fi ft:: , DUBONNET t , ili t dYtt r I .,17.. E%!..0,:n.ti` , tCl Irr a :7,:•'., S.. . fl 7:. q. ] V4 < i �,, '° ., 4 ltd WESTBROOK Wia ( p, 1 �ql r 4t �,� d -Kai• t ....k ... ,,. A '. ` , E e.G31�M k ,M li yy {• r,t+l- .U: n t s ' a GI ! es .-.fl _-is iii .J ' I CZ I s yti +.S�•- rBERNARDINO V i r L•-+� a ��vt,i' •" :: :1- t•; V,� c�+ uaai:.uwn. 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Tj:�" .rr 4 T rT' d" - 1T 4I IF ji9.:,+ '!Irr• h e >.v._,-ev ......�`-- / i ' � :��_ tit b-4- • EXHIBIT A A-4 t _ 1� • -)l Rio I l'- T- i 3-- L O • i 2 Li, 2, 3 c9' 2 I 2 2 • - EXHIBIT B A_5 • L POLICE DEPARTMENT L RANCHO CUCAMONGA November 30, 2010 City of Rancho Cucamonga Planning Commission 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Dear Commissioners, The Rancho Cucamonga Police Department has reviewed Entertainment Permit DRC2010-00680, a request for entertainment including karaoke as well as DJ and dancing for two special events for Antonino's Restaurant located at 7945 Vineyard • Avenue. At this time, we are not opposed to the application as proposed. If you have any questions, please feel free to contact Deputy Ron Wright, or Deputy Nick Clark, Tuesday through Friday from 7:00 a.m. to 6:00 p.m. at (909) 477-2800, ext 2672. Sinc- - . . . ei Cusimano l Chief of Police Rancho Cucamonga • • • t)CL\J L+ c 10510 Civic Center Drive • Rancho Cucamonga, CA 91730 A16 909-477-2800• Fax 909-477-2899•www.ci.rancho-cucamonga.ca.us e CITY OF RANCHO CUC•ONGA - 1111 STAFF REPORT ter DATE: June 10, 1997 TO: Brad Buller, City Planner FROM: Nancy Fong, AICP, Senior Planner SUBJECT: CONDITIONAL USE PERMIT CUP 97-06 - BHATTI (CHIANTI RESTAURANT)- A request to establish a bar facility in conjunction with a 4,750 square foot restaurant within the Thomas Winery Plaza, in the Special Commercial District, Subarea 2, of the Foothill Boulevard Specific Plan, located at 8045 Vineyard Avenue, Unit One -APN: 208-101-23. ANALYSIS: A. General: The applicant proposes to utilize approximately 4,750 square feet of floor area within the building south of the Thomas Winery building and as shown in Exhibit "B." He proposes to establish a full-service Italian restaurant including the serving of alcoholic drinks, which requires a Conditional Use Permit. The bar is approximately 1,300 square feet in floor • area. According to the applicant, the hours of operation for the restaurant are between 10 a.m. and 10 p.m. daily. The hours of operation for the bar are between 11 a.m. and midnight daily. Each shift will have 12 employees. The applicant is aware that a separate • Entertainment Permit will be required if he proposes to offer entertainment and/or dancing in the restaurant. He plans on having a single piano player in the bar area. A restaurant having a single pianist is exempt from an Entertainment Permit. According to the property manager for Thomas Winery Plaza, there is an existing liquor store in one of the units that would be occupied by the new restaurant. The property manager indicated they will move the liquor store to the unit south of the proposed restaurant. The owner of the liquor•store has submitted a separate Conditional Use Permit for moving to the new unit. B. Land Use Compatibility: The site is within the Thomas Winery Plaza, a specialty commercial center. It contains the historic landmarked winery and still buildings. The businesses within the center are a mix of a health club, a billiard parlor, retail stores, and restaurants. Both Cue 'N View Billiards and Zendejas Restaurant serve alcoholic drinks for on-site consumption. Recently, a 5,300 square foot restaurant closed for business. Staff believes that the addition of another restaurant with the serving of alcoholic drinks would be compatible to the surrounding businesses. C. Parking: The number of parking spaces required for the site is 535, which is based on the type and square footage for the uses within the center. The site has 529 parking spaces which leaves a shortfall of 6 spaces. Exhibit "D" shows the parking calculations for the center. The property manager of the center has submitted a parking study (see Exhibit "E") EXHIBIT D A-7 CITY PLANNER STAFF Rr°bRT CUP 97-06 - BHATTI June 10, 1997 • Page 2 to show that there could be a joint use of these parking spaces. The parking study stated the uses within the center, such as restaurants, offices, retail stores, health club, and billiard parlor, have different peak demand for the number of parking spaces. Therefore, shared or joint use of the available parking spaces is appropriate. Based on the assumption of 100 percent occupancies within the center, including the proposed restaurant, the projected parking demand is 85 percent of the available 529 parking spaces. The peak demand is estimated to occur during Fridays in December with 451 (85 percent) spaces occupied. The parking study concluded there are ample parking spaces for the additional restaurant square footage. Staff concurs with the findings and conclusions of the parking study. However, staff would recommend that the restaurant users be capped at 25 percent of the total square footage for the center (100,218 square feet). D. Environmental Assessment: The application is exempt per Section 15301 of the California Environmental Quality Act. RECOMMENDATION: Staff recommends approval of Conditional Use Permit 97-06, with conditions, through adoption of the attached Resolution. Staff also recommends that the City Planner issue a letter to the property owner of the Thomas Winery Plaza for the acceptance of the parking study with a condition that restaurant users be capped at 25 percent of the total square footage for the center. Respec ully submitted, • • Nancy Fon?,' Senior Planner NF:taa Attachments: Exhibit "A" - Letter from Applicant Exhibit "B" - Site Plan Exhibit "C" - Floor Plan Exhibit"D" - Information Sheet Exhibit"E" - Parking Study Resolution of Approval • • A-8 CITY OF RANCHO CUCAMONGA, Community Development Department, 10500 Civic Center Drive, Rancho Cucamonga, Ca . 91730 . Ref . : - CHIANTI ' S ITALIAN REST . , Thomas winery plaza, 8976 Foothill blvd . , 111 Rancho Cucamonga, Ca . Subject : - C U P Application . Legal Owner : - K/B retail properties, L .P . California ltd . partnership by K/B retail corp. , a delware corp. , general partner by authorized agent co-investment Inc . management Inc . California corp. Addzess : 4343• Van Carmen ave . , Ste . N 400 Newport Beach, Ca . 92660 • ( 714 ) 852 5252 Proposed Use ; - Will sery Italian food, Timings will be 10 A.M. to " P.M. only one shift . Max . 12 employees will work . Reason for CUP : - Wouldlike to serve •the hard liquor front Bar . 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FLOOR PLAN 2 ' • A<1"Lis - ..k.,"...„ ,'-Q,i EXHIBIT"D" • INFORMATION SHEET CONDITIONAL USE PERMIT 97-06 PROJECT NAME: Chianti Restaurant Italiano APPLICANT: Santok Bhatti LOCATION: 8045 Vineyard Avenue, Unit One FLOOR AREA: 4,802 square feet LAND USE CLASSIFICATION: Restaurant with a bar EXISTING ZONING: Special Commercial District, Subarea 2, of Foothill Boulevard Specific Plan EXISTING LAND USE: Commercial center GENERAL PLAN DESIGNATION: Special Commercial ADJACENT ZONING/LAND USE: ZONING LAND USE North: Office and Low-Medium Residential Vacant South: Community Commercial Commercial Ewa t: Community Commercial Commercial center West: Community Commercial Vacant SITE DESCRIPTION: The site is approximately 10 acres and fully developed with several • commercial buildings. It also contains two historic landmarked buildings at the northwest corner of Foothill Boulevard and Vineyard Avenue; i.e., the Thomas Winery and Still buildings. PARKING CALCULATIONS: Type of Use • Sa. Footage Parking Ratio No. of Spaces Rord. Commercial center with 67,656 4.5/1,000 305 15% food users* Food users over 15% 9,424 10/1,000 94 Health Club 14,406 7.6/1,000 96 Billiard Parlor w/20 tables 8.732 2/table 40 100,218 535 NOTE: Number of parking spaces provided is 529. * 15 percent of the total center is 15,033 square feet. The total square footage for food users including the proposed restaurant is 24,457 square feet,which is 24.4 percent of the total center. • A 12 • RECEIVED THOMAS WINERY PLAZA MAY 12 1997 PARKING STUDY [REVISED) Rancho Cucamonga, California ,v., Mancho Cucamonga Planning Division 3 � ; v / Oa.— t T • l'Ortn§i0+3 Is g ll1E11E111111111116 N r Q JIIIIII1l (III1111111111111 ' h !il . I I I I I I I I II II I I H —� '', !'1, E- • �llllllln (lllllllllllllll �, , � � HI•. I ! II ! UIlD - [ IIIL ° ®a = 1 _ Y„ F o _ e I CJ / E BiIIIIII1111111 ) = � a�® � � 1 � _ ° - '® • 3 431 < QJlilllil! ! 11 11111111111111111 'HI ®s ®s , ' 111111 1 g J11111111 !IIIio 1111111111111117 n11111111111111111 - ciP177-a6 011.41111.11 TIPUDOI 1 T kti bT • R:3,„ 0X4.JOHN [•i„ & £SSOC!ST(S INC. A-13 • RESOLUTION NO. 97-07 A RESOLUTION OF THE CITY PLANNER OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 97-06, A REQUEST TO ESTABLISH A BAR FACILITY IN CONJUNCTION WITH A 4,802 SQUARE FOOT RESTAURANT WITHIN THE THOMAS WINERY PLAZA IN THE SPECIAL COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT 8045 VINEYARD AVENUE, UNIT ONE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-101-23. A. Recitals. 1. Santok Bhatti has filed an application for the issuance of Conditional Use Permit No. 97-06, 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 10th day of June 1997, the City Planner 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 City Planner of the City of Rancho Cucamonga as follows: 1. The City Planner 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 the City Planner during the above- referenced public hearing on June 10, 1997, including written and oral staff reports, together with public testimony, the City Planner hereby specifically finds as follows: a. The application applies to property located at 8045 Vineyard Avenue, on the northeast corner of Vineyard Avenue and Foothill Boulevard which is improved with a commercial center. b. The property to the north is vacant, the property to the south is a gas station and a liquor store, the property to the east is a commercial center, and the property to the west is vacant. c. The proposed use, serving of alcoholic drinks in conjunction with a restaurant, is consistent with the Special Commercial District of the Foothill Boulevard Specific Plan, • d. The commercial center has sufficient parking spaces to accommodate the proposed restaurant based on a Parking Study prepared by a traffic engineer consultant. • A14 CITY PLANNER RESOLUT* NO. 97-07 • CUP 97-06 - BHATTI • June 1997 2 Page 2 3. Based upon the substantial evidence presented to the City Planner during the above- referenced public hearing, and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the City Planner hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Foothill Boulevard Specific Plan, and the purposes of the district in which the site is located; and 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; and c. The application, which contemplates operation of the proposed use, complies with each of the applicable provisions of the Development Code and the Foothill Boulevard Specific Plan. 4. The City Planner hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, • the City Planner hereby approves the application, subject to each and every condition set forth below: Plannino Division 1) Approval is for a 1,300 square foot bar area within a restaurant., Expansion or intensification of the bar facility shall require a modification to the Conditional Use Permit. 2) Approval shall expire, unless extended by the City Planner, if building permits are not issued or the approved use has not commenced within 24 months of this date. • 3) Approval of this request shall not waive compliance with any sections of the Foothill Boulevard Specific Plan, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) If operation of the facility causes adverse effects upon adjacent businesses or operations, the Conditional Use Permit shall be brought before the City Planner for consideration and possible termination of the use. 5) The facility shall be operated in conformance with the performance standards as defined in the Development Code including, but not limited to, noise levels. • • A-15 CITY PLANNER RESOLUTA" NO. 97-07 • CUP 97-06 - BHATTI June 10, 1997 Page 3 • 6) Any signs proposed for the facility shall be designed in conformance with the City's Sign Ordinance and the Uniform Sign Program for the complex and shall require review and approval by the City Planner prior to installation. 7) The hours of operation for the bar shall be between 11 a.m. and 12 midnight on Sunday; 11 a.m. to 1 a.m., Monday through Thursday; and 11 a.m. to 2 a.m., Friday and Saturday. 8) An Entertainment Permit is required if the applicant offers entertainment, as defined in Chapter 5.12 of the Municipal Code, within the restaurant. 9) A separate Conditional Use Permit is required if there are more than three coin-operated amusement devices on the premises. $uildinq and Safety Division's Fire Prevention Unit 1) Occupancy of the facility shall not commerce until such time as all Uniform Building Code and State Fire Marshal's regulations have been complied with. Detailed plans shall be submitted to the Rancho Cucamonga Fire District and the Building and Safety Division for 41 review and approval prior to issuance of building permits. The building shall be inspected for compliance prior to occupancy. 2) Any modification to the approved plans after occupancy of the building may require additional review and/or permits from the Fire District and the Building and Safety Division. 6. The Acting Secretary shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JUNE 1997. BY: (iaf <la7 Cit ATTEST: a._/i�ia✓ ;1.4.4..—.1._."-4 anenne Spikes, Acting Secretary I, Jeanenne Spikes, Acting Secretary to the Planning Division for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and • adopted by the City Planner of the City of Rancho Cucamonga, at a regular meeting of the City Planner, held on the 10th day of June 1997. A,16 RESOLUTION NO.10-58 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT PERMIT DRC2010-00680, A REQUEST TO INCLUDE LIVE ENTERTAINMENT, SUCH AS KARAOKE, DJ,AND DANCING IN CONJUNCTION WITH A 5,300 SQUARE FOOT RESTAURANT AND BAR IN THE SPECIALTY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD DISTRICTS (SUBAREA 2), LOCATED AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE AT 7945 FOOTHILL BOULEVARD, SUITE D-7 — APN: 0208-101-05; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. - 2. Sartaj Singh, on behalf of Antonino's Restaurant, filed an application for the issuance of Entertainment Permit DRC2010-00680, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 8th day of December, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. 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 December 8, 2010, 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 7945 Foothill Boulevard, Suite D-7,with a street frontage of approximately 536 feet along Foothill Boulevard and 730 feet along Vineyard Avenue,which is presently improved with an existing multi-tenant commercial center; and b. The property to the north is zoned Office Professional and is improved with an office building; the property to the south is zoned Community Commercial and is improved with a commercial center; the property to the east is zoned Community Commercial and is improved with a commercial center; and the property to the west is zoned Community Commercial and is improved with a commercial center; and c. The conduct of the establishment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and d. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner to prevent incidents resulting in calls for service; and A-17 PLANNING COMMISSION RESOLUTION NO. 10-58 • DRC2010-00680— SARTAJ SINGH FOR ANTONINO'S RESTAURANT December 8, 2010 Page 2 e. The normal operation of the premises would not interfere with the peace and quiet of the • surrounding commercial center and adjacent residential developments as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon the adjacent uses; and f. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. 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 conduct of the establishment and the granting of the application would not be • contrary to the public health, safety, morals or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner; and c. That the applicant, or any person associated with him as principal or partner or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of • alcohol or the provisions of entertainment revoked within the preceding five years; and d. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential developments; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any interior or exterior alterations. In addition, there is no substantial evidence that the project may have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application, subject to each and every condition set forth below and in the attached Standard Conditions incorporated herein by this reference: Planning Department 1) Approval is hereby granted to Sartaj Singh, owner, for an Entertainment Permit • which includes live entertainment such as karaoke, DJ's, and dancing in • A-18 PLANNING COMMISSION RESOLUTION NO. 10-58 DRC2010-00680 — SARTAJ SINGH FOR ANTONINO'S RESTAURANT December 8, 2010 Page 3 • conjunction with a 5,300 square foot bar and restaurant in the Specialty Commercial District, located at the northeast corner of Foothill Boulevard and Vineyard, 7945 Foothill Boulevard, Suite D-7 - APN: 0208-101-05. 2) This approval is for karaoke to be held daily from 5:00 p.m.to 12:00 a.m. and for a DJ and dancing on Halloween and New Year's Eve only from 5:00 p.m. to 12:00 a.m. 3) Any change of intensity or type of entertainment including, but not limited to, increasing the days allowed for a DJ and dancing, live bands, or the expansion of the approved 49 square foot dance floor, shall require a modification to this permit. 4) Dancing is not allowed during karaoke entertainment. 5) Per Section 5.12 of the Rancho Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the business be sold or ownership transferred, a new Entertainment Permit must be reviewed and • issued by the Planning Commission to the new owner. 6) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. • 7) There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. 8) Entertainment shall be conducted inside the building. 9) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 10) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 11) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit Only." 12) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. • • 13) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. A-19 PLANNING COMMISSION RESOLUTION NO. 10-58 DRC2010-00680— SARTAJ SINGH FOR ANTONINO'S RESTAURANT December 8, 2010 Page 4 14) This permit shall be renewed annually by the applicant per Municipal Code • Section 5.12.115. Security: 15) Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 16) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 17) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate the date, time, description of the incident, and the action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, • drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 18) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing, at a minimum, the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under the agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. Fire District/Building and Safety Department 1) The maximum number of occupants shall not exceed the building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention Unit Department. 2) Maintain the dance floor area behind the bar area as proposed. • A-20 PLANNING COMMISSION RESOLUTION NO. 10-58 DRC2010-00680— SARTAJ SINGH FOR ANTONINO'S RESTAURANT December 8, 2010 Page 5 • 3) If the entertainment activity includes modifications of the seating arrangement, the business owner, upon approval, must apply for a new Fire Code Assembly Permit. Please contact Fire Construction Services at(909)477-2710 to obtain a permit application and details of the floor plan requirements 4) Do not add furnishings that may block exit aisles or exit doors. 5) Any new decorations installed must be flame retardant. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., 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 8th day of December 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • A-21 • Wit0,1tA COMMUNITY DEVELOPMENT I 1 Id DEPARTMENT • STANDARD CONDITIONS PROJECT #: DRC2010-00680 SUBJECT: ENTERTAINMENT PERMIT • • APPLICANT: SARTAJ SINGH FOR ANTONINO'S RESTAURANT • LOCATION: 7945 FOOTHILL —APN: 0208-101-05 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: iii General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its / /_ agents,officers, or employees, because of the issuance of such approval,or in the alternative,to . relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. 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. 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, the Foothill Boulevard Specific Plan, and the Community Plan . 2. Prior to any use of the project,site or business activity being commenced thereon, all Conditions _/_/_ of Approval shall be completed to the satisfaction of the Planning Director. 012-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00680StdCond.doc A-22 Project No. DRC2010-00680 Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/ / State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety • Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_ • other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. • • • • • 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-0068QStdCond.doc A-23 /t ec CoV°� RESOLUTION NO.10-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING ENTERTAINMENT PERMIT DRC2010-00680, A REQUEST TO INCLUDE LIVE ENTERTAINMENT, SUCH AS LIMITED TO KARAOKE, DJ, AND DANCING IN CONJUNCTION WITH A 5,300 SQUARE FOOT RESTAURANT AND BAR IN THE SPECIALTY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD DISTRICTS (SUBAREA 2), LOCATED. AT THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND VINEYARD AVENUE AT 7945 FOOTHILL BOULEVARD, SUITE D-7—APN: 0208-101-05;AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 21, 1986,the City Council of the City of Rancho Cucamonga adopted Ordinance No.290 providing for the regulation of entertainment. 2. Sartaj Singh, on behalf of Antonino's Restaurant, filed an application for the issuance of Entertainment Permit DRC2010-00680, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 8th day of December, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. 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 December 8, 2010, 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 7945 Foothill Boulevard, Suite D-7,with a street frontage of approximately 536 feet along Foothill Boulevard and 730 feet along Vineyard Avenue,which is presently improved with an existing multi-tenant commercial center; and b. The property to the north is zoned Office Professional and is improved with an office building; the property to the south is zoned Community Commercial and is improved with a commercial center; the property to the east is zoned Community Commercial and is improved with a commercial center; and the property to the west is zoned Community Commercial and is improved with a commercial center; and c. The conduct of the establishment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and . d. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that the establishment will operate in an A-17 • • • STAFF REPORT • .! ? PLANNING DEPARTMENT I ' DATE: December 8, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: • James R. Troyer, AICP, Planning Director BY: Jennifer Nakamura, Associate Planner SUBJECT: NON CONSTRUCTION CONDITIONAL USE PERMIT DRC2010-00730 - CAROL MCINTOSH FOR HIDE A WHILE LOUNGE - A request to provide entertainment and amusement devices in conjunction with an existing bar located within the Community Commercial District of the Foothill Boulevard Specific Plan (Subarea 3), located at 9469 Foothill Boulevard - APN: 0208-261-40. The Planning Department staff has determined that the project is exempt from. the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). ENTERTAINMENT PERMIT DRC2010-00731 - CAROL MCINTOSH FOR HIDE A WHILE LOUNGE - A request to provide entertainment in conjunction with an existing bar located within the Community Commercial District of the Foothill Boulevard Specific Plan (Subarea 3), located at 9469 Foothill Boulevard - APN: 0208-261-40. The• Planning Department staff has determined that the project is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA • Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Commercial Uses and Residential Condominiums — Community Commercial (Foothill Boulevard Districts — Subarea 3) and Mixed Use (Foothill Boulevard Districts, — Subarea 3) South - Storage Facility — Community Commercial (Foothill Boulevard Districts — Subarea 3) East - Commercial Uses — Community Commercial (Foothill Boulevard Districts — Subarea 3) West - Commercial Uses — Community Commercial (Foothill Boulevard Districts — Subarea 3) B. General Plan Designations: Project Site - Mixed Use North - Mixed Use South - Mixed Use East - Mixed Use West - Mixed Use C. Site Characteristics: The proposed entitlements are• for the operation of four amusement devices as well as entertainment within an existing 1,413 square foot cocktail lounge, located • in an existing multi-tenant commercial center at the southwest corner of Foothill Boulevard and Ramona Avenue. The establishment, Hide A While Lounge, has been in continuous operation since 1961 and under the same ownership since 1988. ITEMS B & C PLANNING COMMISSION STAFF REPORT DRC2010-00730 AND DRC2010-00731 —CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 2 • ANALYSIS: A. Background: The project site is an existing multi-tenant commercial center that includes a variety of commercial uses. The establishment, Hide A While Lounge, has been in operation at this location since 1961. The most recent approval was Conditional Use Permit CUP92-07 for an expansion of the space from 960 square feet to 1,460 square feet approved by the Planning Commission on April 22, 1992. The applicant has not proposed any exterior or interior modifications to the building in conjunction with these applications. The establishment currently has a Type-47 License from the California Department of Alcoholic Beverage Control (ABC) for the sale of distilled spirits for on-site consumption. B. General: The applicant has applied for a Conditional Use Permit in order to allow five amusement • devices and entertainment in conjunction with a cocktail lounge. Section 17.10.030F of the Development Code states that more than three amusement devices in any one commercial business requires a Conditional Use Permit. The Hide A While Lounge is proposing a total of 5 amusement devices, consisting of 1 pool table and 4 video game machines. The location of these devices is shown on Exhibit B. All five devices are within visual access to the employee on shift at the bar and are not obstructing any entries, exits or aisles. In addition to the Conditional Use Permit, the applicant has applied for an Entertainment Permit in order to allow karaoke, DJ's, and small bands. Dancing is not proposed and • dancing will be strictly prohibited as a Condition of Approval for the project. The addition of • amusement devices and entertainment does not require a change to the current seating configuration of the lounge. The business will primarily operate as a cocktail lounge and provide musical entertainment to enhance the overall lounge experience. The Rancho Cucamonga Police Department has reviewed the application and has no objections to the proposed entertainment (Exhibit E). The proposed hours of operation for the cocktail lounge are as follows: Hours of Operation Monday through Sunday: 10:00 a.m. to 2:00 a.m. The proposed entertainment type and hours are as follows: Entertainment Hours Thursday through Sunday: 7:00 p.m. to 1:00 a.m. Holidays: 7:00 p.m. to 1:00 a.m. C. Compatibility of Use: The subject applications are a request to operate a cocktail lounge and include 5 amusement devices and entertainment such as karaoke, DJ's, and small bands as ancillary to the primary use (cocktail lounge). The subject site has a General Plan land use • • • B & C- 2 PLANNING COMMISSION STAFF REPORT DRC2010-00730 AND DRC2010-00731 —CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE • December 8, 2010 Page 3 designation of General Commercial, which according to the General Plan allows for: "a wide range of community-oriented and regional-oriented commercial businesses." The Hide A While cocktail lounge has served the local community for 49 years and the addition of the proposed amusement devices and entertainment will allow the lounge to continue to serve the local community. This use, including the proposed entertainment, is compatible with the surrounding properties. D. 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 1 exemption under State CEQA Guidelines Section 15301 (Existing. Facilities) because the project does hot result in any interior or exterior alterations, and there is no substantial evidence that the project may have a significant effect on the environment. FACTS FOR FINDING: Conditional Use Permit The evidence indicates that: • 1. The subject site has a General Plan land use designation of Mixed Use. The proposed use is in accordance with General Plan Policy LU-4.3, which encourages neighborhood serving uses along Foothill Boulevard west of Haven Avenue, providing a range of commercial and residential uses. The Hide A While lounge has been serving the local community for nearly 50 years and with the addition of the proposed amusement devices and entertainment to this location, the needs of local residents can be continue to be met; and 2. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and 3. The proposed use complies with each applicable provision of the City of Rancho Cucamonga Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses. Entertainment Permit The evidence indicates that: 1. The conduct of the establishment will not be detrimental to the public health, safety or welfare, • or materially injurious to properties or improvements in the vicinity as conditions have been B & C- 3 PLANNING COMMISSION STAFF REPORT DRC2010-00730 AND DRC2010-00731 —CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 4 • imposed to regulate the days and hours of entertainment and ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and 2. The premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner as sufficient conditions have been imposed to ensure that provisions are in place to regulate the conduct of patrons to prevent incidents resulting in calls for service; and 3. The normal operation of the premises would not interfere with the peace and quiet of the surrounding office buildings and commercial centers as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and • 4. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use • Permit DRC2010-00730 and Entertainment Permit DRC2010-00731 through the adoption of the attached Resolutions of Approval with Conditions. Respecffully submitted, • Ja e. R. Troyer, AICP Pla ing Director JRT:JN\ds Attachments: Exhibit A - Location Map Exhibit B - Floor Plan Exhibit C - Statement of Business Operations Letter Exhibit D - Entertainment Plan Exhibit E - Police Review Letter Exhibit F - Staff Report and Resolution of Approval CUP92-07 Exhibit G - Letter from Tracy Brown dated November 17, 2010 Draft Resolution of Approval for Conditional Use Permit DRC2010-00730 Draft Resolution of Approval for Entertainment Permit DRC2010-00731 . • B & C- 4 -.s ] 1 �°nb , rn4 £tr,..,7, •,, I,.J'9 v" � ' � `,na"t , .4 ,t""*' :a . 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I I 1 I^;.41 P r CiWLin a�i r Ic \ i& -i! s,1 �Tc �•iiam Q a 4:. t gg _ 1 .t. •∎g .J r. • EXHIBITA B & C- 5 Hide A While Floor Plan ppin ._.ii c,% iii __ ' Stock Room CA Stock Room <y 0 Mans Restroom Ll) Womens L9 U 'De() QPITY-e Restroom`^ J\ } 5.c . 5.5' ctiPS6 / �/ 13/ 1_2i Pool Table 410 U 10Zoo GRme 1 — — • c O 1 co o O o 0 r iiil 1Y Bar Entertainment 01 ... Setup Area 0 . EXHIBIT B B & C- 6 iLit. : •-y 0 �ZL4 t S i /i / oio e may � s / �s / 5 CZ__ cOCAZ la, / I - c}u fr' y oho et-o-e i orc_) m e /C,ev Aim — 07; oD / 2o/oD/-�y T f/i2O c-L6// l / I ft _v / on /�� may)/oyc on- Ece_c.� at, f, / ACty L° { tocc..iv ery1oy e.0.3 fofccl, / wo6/10( //G- /jCai)�i I So c9 l e.a p ro v i cal e, '7 ei-ts yorc2 { '3 've 1.1 y? zo °L-- e- a-- s _ied is/ems edema 1 to W, Lam- X ct_. J a t00 ern--;y/oy cC cam' r� s , AL ' e-E0/CP-Z____ 1 -• i j' EXHIBIT C & C ,/ _a /�- / /fr /'ts,7 e s, /2 a- eo&,Q/be ( /0UAs' o 7° 0 de.-Q7io.J a r-e, /o,'ao .gym -, ;a /iA7 I /»a,0D/ / 7/,/,2ica/-/ Aa_il 4a/" . can/,/off/ ees 02C- pe 3// I/ I oii/ .3 e/ e cite/ecL clay s we- co ,L.G SC'�e�Ccc Auto cmp/9/ °S oAJ 77-1/$77 S1f/ -r / / /1eedcoL , . • i / too a_/cL // k (o !22/ I_ wiz.-/et-A/rt /77E',-i- ,3 e7 a_5 4i2'4or,/65 /271.1 /1" 4/JD ede• -5 � /L-S'd 55/nd,1_iy one,. + . 0.41 . /9,0,1D /fox/ DA1/s . / `/b /72 7 co /*7 r .266. A'C.e 4727 . EXHIBIT D B & C- 8 _.r POLICE DEPARTMENT RANCHO CUCAMONGA November 30, 2010 City of Rancho Cucamonga Planning Commission 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Dear Commissioners, The Rancho Cucamonga Police Department has reviewed Conditional Use Permit DRC2010-00730 and Entertainment Permit DRC2010-00731, a request for five amusement devices and entertainment such as karaoke, DJ's, and small bands, for the • Hide A While lounge located at 9469 Foothill Boulevard. At this time, we are not opposed to the application as proposed. If you have any questions, please feel free to contact Deputy Ron Wright, or Deputy Nick Clark, Tuesday through Friday from 7:00 a.m.to 6:00 p.m. at (909) 477-2800, ext 2672. Sincerely, ' Joe Cusimano Chief of Police Rancho Cucamonga • • • EXHIBIT E nonga,CA 9163(!'•cr 99)-477-2800 •Fax 909-477-2899 •www.ci.rancho-cucamonga.ca.us / CITY OF RANCHO CUCAMONGA STAFF REPORT t DATE: April 22, 1992 � � . ..- TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Anna-Lisa Hernandez, Assistant Planner SUBJECT: CONDITIONAL USE PERMIT 92-07 - HIDE A WHILE - A request to expand an existing lounge by approximately 500 square feet within the existing Perry's Shopping Center in the Community Commercial District of the Foothill Boulevard Specific Plan, located at 9469 Foothill Boulevard - APN: 208-261-40. (Continued from April 8, 1992. ) PROJECT AND SITE DESCRIPTION: A. Action Requested by Applicant: Approval of a non-construction Conditional Use Permit to expand an existing cocktail lounge by 500 square feet within the existing Perry's Shopping Center. B. Surrounding Land Use and Zoning: • Proposed Site - Existing Perry's Market Center; Community Commercial, Foothill Boulevard Specific Plan, Subarea 3 North - Existing Single Family Residential; Mixed Use, Foothill Boulevard Specific Plan, Subarea 3 South - Existing Storage Facility and Single Family Residential; Community Commercial, Foothill Boulevard Specific Plan, Subarea 3 and Low Residential (2-4 dwelling units per acre) East - Existing service station and office uses; Commercial Office, Foothill Boulevard Specific Plan, Subarea 3 West - Existing plant nursery (Nurseryland); Community Commercial, Foothill Boulevard Specific Plan, Subarea 3 C. General Plan Designations: Project Site - Commercial North - Commercial South - Low Residential (2-4 dwelling units per acre) East - Commercial West - Commercial D. Site Characteristics: The site is currently developed as a shopping center. The site slopes to the southeast at an approximate slope of 3 percent. No significant vegetation or historic structures exist on-site. There is a large billboard sign located on the west side of the drive entrance. • EXHIBIT F B & C- 10 • PLANNING COMMISSION STAFF REPORT CUP 92-07 - HIDE A WHILE April 22, 1992 • Page 2 E. Parking Calculations: See Exhibit "F. " ANALYSIS: The primary issues related to this use expanding within the Perry's Shopping Center are compatibility with surrounding land uses and tenants and the availability of parking. A. General: The applicant is proposing to expand the existing 960 square feet Hide A While sports lounge an additional 500 square feet within the Perry's Shopping Center. The existing hours of operation are 8:00 a.m. to 2: 00 a.m. , Monday through Sunday. B. Compatibility with Surrounding Land Uses: The Hide A While lounge has existed within the Perry 's Shopping Center for approximately 30 years, with no significant compatibility problems experienced in the past. The center has a variety of retail, convenience, and restaurant uses (see Exhibits "B-2" and "F"). Therefore, staff anticipates no compatibility problems with the proposed expansion. C. Parking: A total of 15 parking spaces is required for the expanded cocktail lounge. A total of 268 parking spaces are required for all existing and future site users. A total of 275 stalls are indicated on the revised Master Plan (Conditional Use • Permit 92-14) . Therefore, staff anticipates no significant parking • problems associated with this use (see Exhibit "F" ). D. Rancho Cucamonga Police Department and the Foothill Fire Protection District: Both the Rancho Cucamonga Police Department and the Foothill Fire Protection District have been notified of the proposed use. The Police Department has expressed no concern over the proposal as only nine minor incidents have been reported since 1987, with no reported acts of violence. The Foothill Fire Protection District will require plan check prior to occupancy. FACTS FOR FINDINGS: The project is consistent with the General Plan, the Development Code, and the Foothill Boulevard Specific Plan. The project will not be detrimental to adjacent properties or cause significant adverse environmental impacts. In addition, the proposed use and site plan, together with the recommended Conditions of Approval, are in compliance with all applicable provisions of the Foothill Boulevard Specific Plan, the Development Code, and City standards. CORRESPONDENCE: This item has been advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property has been posted, and notices were sent to adjacent property owners within 300 feet of the project. • B & C- 11 PLANNING COMMISSION STAFF REPORT - CUP 92-07 - HIDE A WHILE April 22, 1992 Page 3 • RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit 92-07 through adoption of the attached Resolution of Approval. Resp“. ly submi ed, . /S,5�/ I.Brad B ler City 'lanner BB:ALH:mlg Attachments: Exhibit "A" - Letter from Applicant Exhibit "H" - Site Plan Exhibit "C" - Floor Plan Exhibit "D" - Police Department Comments Exhibit "E" - Fire Protection District Comments Exhibit "F" - Parking Calculations . Resolution of Approval • • B & C- 12 N • RESOLUTION NO. 92-71 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 92-07 FOR A 500 SQUARE FOOT EXPANSION- OF THE EXISTING HIDE A WHILE LOUNGE, LOCATED WITHIN THE EXISTING PERRY'S SHOPPING CENTER AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND MALACHITE AVENUE, LOCATED IN THE COMMUNITY COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-261-40 A. Recitals. (i) William and Carole McIntosh have filed an application for the issuance of the Conditional Use Permit No. 92-07 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." (ii) On the 22nd day of April 1992, 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. (iii) 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 *ancho 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 substantial evidence presented to this Commission during the above-referenced public hearing on April 22, 1992, 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 southwest corner of Foothill Boulevard and Malachite Avenue with a street frontage of 160 feet and is presently developed with a shopping center and parking lot; and (b) The property to the north of the subject site is vacant and existing low residential, the property to the south of that site consists of single family residences and a commercial acreage site, the property to the east is an existing office building, and the property to the west is existing Nurseryland; and • B & C- 13 ..r, PLANNING COMMISSION : I. OLUTION NO. 92-71 CUP 92-07 - HIDE A WHILE April 22, 1992 Page 2 • (c) With the revised Master Plan, a (total of 275 parking stalls will be provided for all existing and future users on-site and a total of 268 parking stalls are required. Therefore, adequate parking facilities are provided for the proposed use. (d) The proposed hours of operation are 8:00 a.m. to 2:00 a.m. Monday through Sunday. (e) No significant law enforcement issues have occurred since 1987. (f) The proposed use has existed within the center for 30 years and no significant compatibility issues have arisen. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: (a) That the proposed use is in accordance with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. (b) That 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. (c) That the proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby approves the application subject to each and every condition set forth below: Planning Commission 1 ) Approval of this request is contingent upon approval of Conditional Use Permit 91-24, the Master Plan for the shopping center. 2) If the operation of the facility causes adverse effects upon adjacent businesses or operations, including, but not limited to noise, the Conditional Use Permit shall be brought before the Planning Commission for the consideration ' and possible termination of the use. 3) Occupancy of the expansion area shall not commence until such time as all Uniform • Building Code and State Fire Marshal's regulations have been complied with. Prior to B & C- 14 ., rer PLANNING COMMISSION Rj; LUTION NO. 92-71 CUP 92-07 - HIDE A WHILE April 22, 1992 Page 3 • occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District to show compliance. The building shall be inspected for compliance prior to occupancy. 4) Any signs proposed for the facility shall be designed in conformance with the Comprehensive Sign Ordinance and any Uniform Sign Program for the complex and shall require review and. approval by the Planning Division prior to installation. 5) Rear doors of the business shall remain closed during .evening hours after (6 p.m. ), except in the event of an emergency. 6) The parking area in the rear of Phase IV shall not be used after 10 p.m. 7) Approval of this request shall not waive compliance with all sections of the Development • Code and all other applicable City Ordinances. • The design of the storefront shall be consistent with the approved storefront design Phase 1 and the design of the canopy for Phases 1 and 2. The design shall also take into account the possible reuse of the historic building materials currently in .use at the storefront. The final design shall be reviewed and approved by the Design Review Committee prior to the issuance of building permits. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22ND DAY OF APRIL 1992. PLANNING CO ISSION OF THE CITY OF RANCHO CUCAMONGA BY: "I_ f _c:9 / 5 ' L:rry T. McNiel, Chairman ATTEST: • B =d : .1 ew ary • B & C- 15 PLANNING COMMISSION . :OLUTION NO. 92-71 CUP 92-07 - HIDE A WHILE April 22, 1992 Page 4 • I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of Apri1 ' 1992, by the following vote-to-wit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: VALLETTE ABSENT: COMMISSIONERS: NONE • • • • B & C- 16 Tracey Brown 8248 Amethyst Street Rancho Cucamonga, CA 91730 "Planning Department City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 Attention Jennifer Nakamura: November 17, 2010 I am writing this letter in response to a letter I received today regarding "an entertainment permit DRC2010-00731-Carol McIntosh for Hide Awhile Lounge to provide entertainment in conjunction with an existing bar located within the Community Commercial District of the Foothill Boulevard Specific Plan (Subarea 3), at 9469 Foothill Boulevard". I am in direct opposition of this request for many reasons. First, I am a 33 year resident of the neighborhood that lies behind this establishment, and as an avid reader of the Inland Valley Daily Bulletin, I am well informed of the many incidences that can occur due to "bar entertainment". For example: on March 10, 2010, our wonderful City Council upheld the decision made by the Planning Commission, to revoke the El Loco Cantina, and Omaha Jack's permits, from the Masi Plaza establishments, so that they can no longer "provide entertainment". "Photos and videos were provided that depicted a nightclub atmosphere," at the City Council's Meeting. This information was obtained •om Leung, Wendy, a staff writer for the Inland Valley Daily Bulletin's, May 20, 2010, article; as well as our taped City Hall meeting, which airs on our local cable channel. Another example of problems, due to "bar entertainment" (at Margaritaville), that is too close to residential neighborhoods, is provided by an article from the Inland Valley Daily Bulletin, on December 29, 2002, and written by Johnson, Jannise, which states that a San Bernardino County Sheriff's deputy Sgt. Tom Masner, "found excess cheer on isolated streets, apartment parking lots, and residential neighborhoods...that kept them busy late Thursday night and into the early hours of Friday morning; an evening full of people who, in many cases, exceeded the legal limit for inebriation". Now I ask you, is this something you would like your house to be within walking distance to? Finally, as a productive citizen, and local school teacher, I implore the Planning Commission to look at the past incidences regarding these types of permits that are issued to establishments that are located adjacent to residential neighborhoods. Currently, there are plenty of bars that already line the Foothill corridor, and I don't believe more "entertainment" is needed. Nobody is asking the establishment to be put out of business,just consider the possible repercussions that an "entertainment permit" can create for the residences that humbly live behind them. Thank you in advance, for your time and consideration in this matter. CITY OF RANCHO CUCAMONGA Sincerer, • latli NOV 2 2 [010 Ms. Tracey Brown EXHIBIT G B & C RECEIVED - PLANNING I am signing this petition as an acknowledgement that I oppose the request to provide an entertainment permit (DRC2010-00731) for the Hide Awhile Lounge, located at 9469 Foothill Blvd. • Printed Name Date Street Address Signature Here �lh�wbc //// /v ft Zt is 4-*^rt{-!y.67 a /i ..._i 4/17 // r earaC� rz / - 10 82-3 S' �. ilAra " N ,(vsfLaAgYff . main ,'t-Jl-to w c17 4mer4o r r"v y SR..IE nv'r2 /1-RI-TO ra 9_ RI ME7t1T? _ 4 • aI U • OP- l Y$iCUL /Or It !ZVI �}rr-/- +-1 K ,CAAegmom�. /. . Maurrevl.Browr //-/g-/d 8'a418' An,*ysT. , uDte evtritAit trac-w, bva,.x1 li—IA-iO 3211 Anc thy 4J- R C , CA 91730 a,s.a C . 0 y • • B & C- 18 • RESOLUTION NO.10- 56 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2010-00730, A REQUEST TO OPERATE A 1,413 SQUARE FOOT COCKTAIL LOUNGE WITH FIVE AMUSEMENT DEVICES AND ENTERTAINMENT IN THE COMMUNITY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE AT 9469 FOOTHILL BOULEVARD — APN: 0208-261-40; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Carole McIntosh, on behalf of Hide A While Lounge, filed an application for the issuance of Conditional Use Permit DRC2010-00730, 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 8th day of December, 2010, 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 December 8, 2010, 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 9469 Foothill Avenue, with a • street frontage of approximately 206 feet along Foothill Boulevard and 238 feet along Ramona Avenue, and a lot depth of approximately 258 feet and which is presently improved with an existing multi-tenant commercial center; and b. The property to the north is zoned Community Commercial and is improved with a commercial center; the property to the south is zoned Community Commercial and is improved with a storage facility; the property to the east is zoned Community Commercial and is improved with a commercial center; and the property west is zoned Community Commercial and is improved with a commercial center; and c. The subject site has a General Plan land use designation of Mixed Use. The proposed use is in accordance with General Plan Policy LU-4.3, which encourages neighborhood serving uses along Foothill Boulevard west of Haven Avenue, providing a range of commercial and • residential uses. The Hide A While lounge has been serving the local community for nearly 50 years and with the addition of the proposed amusement devices and entertainment to this location, the needs of local residents can be continue to be met; and B & C- 19 PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 2 • d. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure the proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and e. The proposed use complies with each applicable provision of the City of Rancho Cucamonga Development Code as the use occupies an existing building that is in conformance with the Development Code as it relates to parking, setbacks, height, etc., and sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses. 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. c. The proposed use complies with each of the applicable provisions of the • Development Code. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any interior or exterior alterations, 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 hereby granted for the operation of a 1,413 square foot cocktail lounge with five amusement devices and entertainment in the Community Commercial District(Subarea 3), located at the southwest corner of Foothill Boulevard and Ramona Avenue, 9469 Foothill Boulevard - APN: 0208-261-40. 2) The hours of operation set forth in this Conditional Use Permit shall • supersede the hours of operation set in CUP92-07. All other Conditions Of Approval for CUP92-07 shall still be in effect. B & C- 20 PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 3 • 3) Entertainment shall not be provided without a valid Entertainment Permit. The business shall comply with all Conditions of Approval for such Entertainment Permit, including without limitation, the hours of operation set forth in the Entertainment Permit. 4) Any increase in the number of amusement devices shall require a modification to the Conditional Use Permit. • 5) The days and hours of operation shall be limited to Monday through Sunday between 10:00 a.m. to 2:00 a.m. 6) The sale and consumption of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition No. 5. 7) 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. 8) The applicant shall obtain all necessary permits from the Building and Safety Department and the Rancho Cucamonga Fire Protection District prior to operation. 9) No modifications to the Floor Plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. 10) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Alcohol Service: 11) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. 12) There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "Buy one drink, get one free," "Two for the price of one," or "All you can drink for ..." or similar language. 13) There shall be no "stacking" of drinks, i.e., more than one drink at a • time, to a single patron. B & C- 21 PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 4 • • 14) Except for wine bottles, oversized containers or pitchers containing in excess of 25 ounces of an alcoholic drink shall not be sold to a single patron for their sole consumption. 15) The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 16) Employees shall not consume any alcoholic beverages during their work shift. 17) A file containing the names and dates of employment of every person serving alcoholic beverages for consumption by patrons on the licensed premises and every manager shall be kept on the premises. The file shall also include a copy of each person's Certificate of Completion of the Department of Alcohol Beverage Control L.E.A.D. course (Licensee Education on Alcohol and Drugs) or equivalent. Upon request, said file shall be made available for review to representative of the City of Rancho Cucamonga Police Department. New employees will have 90 days from date of employment to obtain L.E.A.D. certification or equivalent. 18) There shall be a Designated Driver Program wherein there is an incentive to the person not drinking alcoholic beverages, who is in a group of three or more, to be the designated driver for that group of • patrons. • 19) There shall be a Taxi-Ride Program where the establishment will offer to call a taxi for patrons when it seems appropriate. Phone numbers of local taxi companies shall be posted for viewing by patrons. Security: 20) Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 21) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words, which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 22) An incident log shall be maintained at the licensed premises on a continual basis with at least one year of entries and be readily available for inspection by a police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a • nuisance occurring in, on, or at the licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of incident, and B & C- 22 PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 • Page 5 • action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking,or excessive loud noise. 23) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. Fire District/Buildinq and Safety Department 1) If any modifications are made to the building, plans must be submitted for review. To submit plans call (909)477-2710 for more information. • 2) Occupant load is not to increase with the entertainment function, maintain the occupant load as previously approved and posted. If the entertainment activity includes dancing or modifications of the seating arrangement, the business owner upon CUP approval, must apply for a new Fire Code Assembly permit. Please contact Fire Construction Services at, (909) 477-2710 to obtain a permit application and details of the Floor Plan requirements. The band equipment and/or platform may not obstruct the exit doors or path of travel. Banners or decorations in the lounge must be fire retardant as required for the occupancy. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman • ATTEST: James R. Troyer, AICP, Secretary B & C- 23 • PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 6 • 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 8th day of December 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS • • B & C- 24 .i.4..va:„ stylist COMMUNITY DEVELOPMENT its s DEPARTMENT • h�� t ;eft STANDARD CONDITIONS PROJECT #: DRC2010-00730 AND DRC2010-00731 SUBJECT: CONDITIONAL USE PERMIT (CUP), AND ENTERTAINMENT PERMIT (EP) APPLICANT: CAROL MCINTOSH FOR HIDE A WHILE LOUNGE LOCATION: 9469 FOOTHILL BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR • COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date 0 General Requirements 1, The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. 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. 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, the Foothill Boulevard Specific Plan, and the Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions / I_ • of Approval shall be completed to the satisfaction of the Planning Director. SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00730-731 StdCond 12-8.doc B & C- 25 Project No.DRC2010-00730-00731 Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety • Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code, all _/ /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. • • • • • • 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Sff Rpt\DRC2010-00730-731 StdCond 12-8.doc B & C- 26 • RESOLUTION NO. 10-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2010-00731, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS KARAOKE, DJ, AND BANDS IN CONJUNCTION WITH A 1,413 SQUARE FOOT COCKTAIL LOUNGE IN THE COMMUNITY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE AT 9469 FOOTHILL BOULEVARD — APN: 0208-261-40; AND MAKING FINDINGS IN SUPPORT THEREOF. A, Recitals. 1. On May 21, 1986, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Carole McIntosh, on behalf of Hide A While lounge, filed an application for the issuance of Conditional Use Permit DRC2010-00729, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 8th day of December, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. 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 December 8, 2010, 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 9469 Foothill Boulevard, with a street frontage of approximately 206 feet along Foothill Boulevard and 238 feet along Ramona Avenue, and a lot depth of approximately 258 feet and which is presently improved with an existing multi tenant commercial center; and b. The property to the north is zoned Community Commercial and is improved with a commercial center; the property to the south is zoned Community Commercial and is improved with a storage facility; the property to the east is zoned Community Commercial and is improved with a commercial center; and the property west is zoned Community Commercial and is improved with a commercial center; and c. The conduct of the establishment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed . to ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building • Codes; and B & C- 27 PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 2 • d. The premises or establishment is not likely to be operated in an illegal, improper or disorderly manner, as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner to prevent incidents resulting in calls for service; and e. The normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential developments as conditions have been imposed to ensure that the establishment will comply with the Performance Standards set forth in Section 17.10.050 of the Development Code and will not create adverse impacts upon adjacent uses; and f. The granting of this application will not create a public nuisance as sufficient conditions have been imposed to ensure that the establishment will operate in an orderly manner and will prevent incidents resulting in calls for service. 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 conduct of the establishment and the granting of the application would not be contrary to the public health, safety, morals, or welfare; and b. That the premises or establishment is not likely to be operated in an illegal, improper, or disorderly manner; and c. That the applicant, or any person associated with him as principal or partner or in a position • or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has not been convicted in any court of competent jurisdiction of any offense involving the presentation, exhibition, or performance of any obscene show of any kind or of a felony or of any crime involving moral turpitude or has not had any approval, permit, or license issued in conjunction with the sale of alcohol or the provisions of entertainment revoked within the preceding five years; and d. That granting the application would not create a public nuisance; and e. That the normal operation of the premises would not interfere with the peace and quiet of the surrounding commercial center and adjacent residential developments; and f. That the applicant has not made any false, misleading, or fraudulent statement of material fact in the required application. 4. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section15301-Existing Facilities because the project does not result in any interior or exterior alterations. 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 attached Standard Conditions incorporated herein by this reference: B & C-28 • • PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 • Page 3 Planning Department 1) Approval is hereby granted to Carole McIntosh and Timothy Palmer, owners, for an Entertainment Permit, which includes live entertainment such as karaoke, DJ's, and small bands groups in conjunction with a 1,413 square foot cocktail lounge in the Community Commercial District, located at the southwest corner of Foothill Boulevard and Ramona Avenue, 9469 Foothill Boulevard - APN: 0208-261-40. 2) This approval is only for karaoke, DJ's, and small bands. Any change of intensity or type of entertainment, including but not limited to dancing, shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Thursday through Sunday and Holidays between 7:00 p.m. and 1:00 a.m. Any expansion of days and/or hours shall require modification to this.permit. 4) Per Section 5.12 of the Rancho Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the business be sold or ownership transferred, a new Entertainment Permit must be reviewed and issued by the Planning Commission to the new owner. • 5) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. • 6) There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. • 7) Entertainment shall be conducted inside the building. 8) When entertainment is being conducted, doors and windows shall remain closed for noise attenuation purposes. 9) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 10) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit Only." 11) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought • before the Planning Commission for consideration and possible suspension or revocation of the permit. B & C- 29 PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 — CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 4 • • 12) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 13) This permit shall be renewed annually by the applicant per Municipal Code Section 5.12.115. Security: 14) Except in case of emergency, the licensee shall not permit its patrons to enter or exit the licensed premises through any entrance/exit other than the primary entrance/exit, excluding entrances/exits from patio areas. Steps shall be taken by the licensee to discourage unauthorized exiting. 15) Any patron who (1) fights or challenges another person to fight, (2) maliciously and willfully disturbs another person by loud or unreasoned noise, or (3) uses offensive words, which are inherently likely to provoke an immediate violent reaction shall be removed from the premises. 16) An incident log shall be maintained at the licensed premises on a continual basis with at least one .year of entries and be readily available for inspection by a . police officer. The log is for recording any physical altercations, injuries, and objectionable conditions that constitute a nuisance occurring in, on, or at the • licensed premises, including the immediately adjacent area that is owned, leased, or rented by the licensee. The log will indicate date, time, description of the incident, and the action taken. "Objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, loitering, public urination, lewd conduct, drug trafficking, or excessive loud noise. 17) The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual addressing at a minimum the following items: Handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the Licensee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity. Fire DistricUBuildinq and Safety Department 1) The maximum number of occupants shall not exceed building and fire codes. The maximum occupancy for each room shall be posted as determined by the Rancho Cucamonga Fire Protection District and/or the City's Fire Prevention • Unit Department. B & C- 30 PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 — CAROLE MCINTOSH ON BEHALF OF HIDE AWHILE LOUNGE December 8, 2010 Page 5 • 2) Upon CUP and EP approval, if any modifications are made to the building, plans must be submitted for review. To submit plans call (909) 477-2710 for more information. 3) Occupant load is not to increase with the entertainment function, maintain the occupant load as previously approved and posted. If the entertainment activity includes dancing or modifications of the seating arrangement, the business owner upon CUP approval, must apply for a new Fire Code Assembly permit. Please contact Fire Construction Services at, (909)477-2710 to obtain a permit application and details of the Floor Plan requirements. The band equipment and/or platform may not obstruct the exit doors or path of travel. Banners or decorations in the lounge must be fire retardant as required for the occupancy. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: • Luis Munoz, Jr., 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 8th day of December 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS • B & 0- 31 +A COMMUNITY DEVELOPMENT DEPARTMENT • ,y 9 STANDARD CONDITIONS PROJECT#: DRC2010-00730 AND DRC2010-00731 • SUBJECT: CONDITIONAL USE PERMIT (CUP), AND ENTERTAINMENT PERMIT (EP) APPLICANT: CAROL MCINTOSH FOR HIDE A WHILE LOUNGE • LOCATION: 9469 FOOTHILL BOULEVARD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: asGeneral Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval,or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. 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. 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, the Foothill Boulevard Specific Plan, and the Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions / /_ • of Approval shall be completed to the satisfaction of the Planning Director. SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00730-731 StdCond 12-8.doc B & C- 32 Project No. DRC201D-00730-00731 Completion Date - 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety • Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Approval of this request shall not waive compliance with all sections of the Development Code, all _/ / other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. • • • • • • 2 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00730-731 StdCond 12-8.doc • B & C- 33 PLANNING COMMISSION RESOLUTION NO. 10-56 DRC2010-00730— CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 3 • 2) The hours of operation set forth in this Conditional Use Permit shall supersede the hours of operation set in CUP92-07. All other Conditions Of Approval for CUP92-07 shall still be in effect. 3) Entertainment shall not be provided without a valid Entertainment Permit. The business shall comply with all Conditions of Approval for such Entertainment Permit, including without limitation, the hours of operation set forth in the Entertainment Permit. 4) Any increase in the number of amusement devices shall require a modification to the Conditional Use Permit. 5) The days and hours of operation shall be limited to Monday through Sunday between 10:00 a.m. to 2:00 a.m. 6) The sale and-consumption of alcohol shall cease no less than thirty (30) minutes before the closing times as indicated in Condition No. 5. 7) 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. 8) The applicant shall obtain all necessary permits from the Building and Safety Department and the Rancho Cucamonga Fire Protection District prior to operation. 9) No modifications to the Floor Plan or intensification of the use shall be permitted without prior review and approval by the Planning Commission. 10) Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Alcohol Service: 11) Patrons who appear obviously intoxicated shall not be served any alcoholic beverages. B & C -21 Re cwt 1 002. RESOLUTION NO.10- 56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT DRC2010-00730, A REQUEST TO OPERATE PROVIDE ENTERTAINMENT AND FIVE AMUSEMENT DEVICES WITHIN A 1,413 SQUARE FOOT COCKTAIL LOUNGE • - • - - • - - • - IN THE COMMUNITY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE AT 9469 FOOTHILL BOULEVARD — APN: 0208-261-40; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Carole McIntosh, on behalf of Hide A While Lounge,filed an application for the issuance of Conditional Use Permit DRC2010-00730, 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 8th day of December, 2010, 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 December 8, 2010, 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 9469 Foothill Avenue, with a street frontage of approximately 206 feet along Foothill Boulevard and 238 feet along Ramona Avenue, and a lot depth of approximately 258 feet and which is presently improved with an existing multi-tenant commercial center; and b. The property to the north is zoned Community Commercial and is improved with a commercial center;the property to the south is zoned Community Commercial and is improved with a storage facility; the property to the east is zoned Community Commercial and is improved with a commercial center; and the property west is zoned Community Commercial and is improved with a commercial center; and c. The subject site has a General Plan land use designation of Mixed Use. The proposed use is in accordance with General Plan Policy LU-4.3, which encourages neighborhood serving uses along Foothill Boulevard west of Haven Avenue, providing a range of commercial and residential uses. The Hide A While lounge has been serving the local community for nearly 50 years and with the addition of the proposed amusement devices and entertainment to this location, the B & C -19 Re_ -otz.ee COPY RESOLUTION NO. 10-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ENTERTAINMENT PERMIT DRC2010-00731, A REQUEST TO INCLUDE LIVE ENTERTAINMENT SUCH AS LIMITED TO KARAOKE, DJ, AND BANDS IN CONJUNCTION WITH A 1,413 SQUARE FOOT COCKTAIL LOUNGE IN THE COMMUNITY COMMERCIAL DISTRICT OF THE FOOTHILL BOULEVARD SPECIFIC PLAN, LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND RAMONA AVENUE AT 9469 FOOTHILL BOULEVARD —APN: 0208-261-40; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 21, 1986,the City Council of the City of Rancho Cucamonga adopted Ordinance No. 290 providing for the regulation of entertainment. 2. Carole McIntosh, on behalf of Hide A While lounge, filed an application for the issuance of Conditional Use Permit DRC2010-00729, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Entertainment Permit request is referred to as "the application." 3. On the 8th day of December, 2010, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. 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 December 8, 2010, 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 9469 Foothill Boulevard, with a street frontage of approximately 206 feet along Foothill Boulevard and 238 feet along Ramona Avenue, and a lot depth of approximately 258 feet and which is presently improved with an existing multi tenant commercial center; and b. The property to the north is zoned Community Commercial and is improved with a commercial center;the property to the south is zoned Community Commercial and is improved with a storage facility; the property to the east is zoned Community Commercial and is improved with a commercial center; and the property west is zoned Community Commercial and is improved with a commercial center; and c. The conduct of the establishment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity as conditions have been imposed to ensure proper service of alcohol to patrons, and the building complies with all applicable Fire and Building Codes; and B & C -27 ReL02d Cot Li PLANNING COMMISSION RESOLUTION NO. 10-57 DRC2010-00731 —CAROLE MCINTOSH ON BEHALF OF HIDE A WHILE LOUNGE December 8, 2010 Page 3 Planning Department 1) Approval is hereby granted to Carole McIntosh and Timothy Palmer,owners,for an Entertainment Permit, which-includes to provide live entertainment sash-as limited to karaoke, DJ's, and small bands groups in conjunction with a 1,413 square foot cocktail lounge in the Community Commercial District, located at the southwest corner of Foothill Boulevard and Ramona Avenue, 9469 Foothill Boulevard -APN: 0208-261-40. 2) This approval is only for karaoke, DJ's, and small bands, limited to four musical performers. Any change of intensity or type of entertainment, including but not limited to dancing, shall require a modification to this permit. 3) The days and hours of operation for the entertainment shall be limited to Thursday through Sunday and Holidays between 7:00 p.m. and 1:00 a.m. Any expansion of days and/or hours shall require modification to this permit. 4) Per Section 5.12 of the Rancho Cucamonga Municipal Code, Entertainment Permits are not transferrable between owners. Should the business be sold or ownership transferred, a new Entertainment Permit must be reviewed and issued by the Planning Commission to the new owner. 5) No adult entertainment, as defined in the Rancho Cucamonga Municipal Code, Section 17.04.090, shall be permitted. 6) There shall be no flashing lights, disco lights, or similar lighting during the hours of entertainment that prevents the ability to clearly distinguish and identify patrons, security personnel, or other individuals in the restaurant in order to ensure the safety of patrons. ��• 7) Entertainment shall be conducted only inside the building. 8) When entertainment is being conducted,doors and windows shall remain closed for noise attenuation purposes. 9) Exterior noise levels shall not exceed 65 dB during the hours of 7 a.m. to 10 p.m. and 60 dB during the hours from 10 p.m. to 7 a.m. 10) Access to the entertainment area must be from the main entrance to the primary use and not from a separate exterior entrance. Other exits shall be for"Fire Exit Only." 11) If operation of this Entertainment Permit causes adverse effects upon adjacent residences, businesses, or operations including, but not limited to noise, loitering, parking, or disturbances, the Entertainment Permit shall be brought before the Planning Commission for consideration and possible suspension or revocation of the permit. B & C -29 • STAFF REPORT p PLANNING DE ARTMFNIT -LINA L. Date: December 8, 2010 RANCHO To: Chairman and Members of the Planning Commission CUCAMONGA • From: James R. Troyer, AICP, Planning Director By: Tabe van der Zwaag, Associate Planner • Subject: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18782 — LEWIS APARTMENT COMMUNITIES - A request to create a Tract Map for condominium purposes for an 11.15-acre site within the High (H) Residential Development District (24- 31 d/u per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related file: Design Review DRC2010-00361. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2010-00361 — LEWIS APARTMENT COMMUNITIES - A review of plans for a multi-family housing development consisting of 192 units on 11.15 acres of land within the High (H) Residential Development District (24-31 d/u per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town • Center Drive - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related file: Tentative Tract Map SUBTT18782. PROJECT AND SITE DESCRIPTION: A. Project Density: 17.45 dwelling units per acre. B. Surrounding Land Use and Zoning — Terra Vista Community Plan: North - Multi-Family Development - High Residential, (24-30 dwelling units per acre) South - Terra Vista Town Center - Community Commercial (CC) East - Terra Vista Town Center - Community Commercial (CC) West - Office Buildings — Office Park (OPK) C. General Plan Designations: Project Site - High Residential, (24-30 dwelling units per acre) North - High Residential, (24-30 dwelling units per acre) South - Community Commercial East - Community Commercial West - Office D. Site Characteristics: The 11.15-acre vacant project site is located between Church Street and Town Center Drive and between Elm and Spruce Avenues. It is bounded by a multi-family • development to the north, the Terra Vista Town Center commercial center to the south and east, and offices to the west. The site slopes from north to south and is covered with non-native grasses, which are routinely disced for weed control. There are no unique features, nor any existing structures or trees on the site. Items D & E • • PLANNING COMMISSION STAFF REPORT t . DRC2010-00361 AND SUBTT18782 - LEWIS APARTMENT COMMUNITIES December 8, 2010 • Page 2 • ANALYSIS: A. General: Lewis Apartment Communities has submitted an application to develop a 192-unit market rate rental condominium project. The 11.15-acre project site is within the Terra Vista Community Plan. The land use designation for the site is High Residential (H), which has a density range of 24 to 31 units per acre. The Terra Vista Community Plan permits the site to be developed at the Medium High (MH) density range (14 to 24 units per acre) with the approval of the Design Review Committee, Planning Commission, and City Council. The proposed density is approximately 17.45 units per acre. The reduction in density from High Residential (H) to Medium High (MH) will not preclude the City from meeting its regional housing needs as outlined in the Regional Housing Needs Assessment (RHNA) and incorporated into the Housing Element of the General Plan. The City has been allocated a RHNA construction goal of 1,282 units for the planning period of 2006 through 2014. Since 2006, the City has achieved a significant portion of its RHNA goal, and the Housing Element has identified sufficient remaining vacant land to fully meet the 1,282-unit goal, even when taking into account the reduction in density on the project site. The project meets all related standards of the Terra Vista Community Plan and the Development Code, except for the necessity of up to 8-foot high perimeter walls (where retaining walls are necessary). The applicant has filed a Minor Exception (DRC2010-00721) for an additional 2 feet of wall height above the maximum 6 feet permitted by the Development Code (to be approved separately by the Planning Director). The applicant has proposed using planted gravity retaining • walls to soften their appearance. B. Design Theme: The project is named Santa Barbara and was designed to evoke the Spanish revival architecture and landscape themes found in the City of Santa Barbara. The main drive aisle in the development is named State Street which is the main commercial street in Santa Barbara. State Street will have enhanced landscaping and seating areas to encourage pedestrian activity and will be anchored by small parks on either end. The buildings facing State Street will have enhanced entrances that lead to themed courtyards. The courtyards will have unique landscape palates along with tenant amenities that include outdoor fireplaces, barbeques, water features, and enhanced seating areas. There are 6 different three-story building configurations in the project, each incorporating architectural details found in classic Santa Barbara architecture. The project will be gated and have one point of entry from Church Street. The applicant has used open fencing around a large portion of the project to increase the views into the project from the surrounding public streets. Additionally, there will be pedestrian access gates on each of the four sides of the project. C. Unit Breakdown: The development is made up of 192 units in 22 buildings. This includes 16 one-bedroom units (889 square feet), 83 two-bedroom units (1,428 square feet), 26 three-bedroom units (1,678 square feet), 16 three-bedroom units with dens (1,946 square feet), and 51 four-bedroom units (1,946 square feet). Each unit includes an outdoor deck and a number of the units also include a ground level patio. D. .Recreational Amenities: The Development Code requires that projects between 101 and 299 units provide five recreational amenities from an approved list. The project exceeds this requirement and was designed to have recreational amenities that meet the interests of residents of all ages. The center piece is a 5,500 square foot recreation building that will include • meeting rooms, a gym, a communal kitchen, a computer room, and a gathering area with a fireplace. Adjacent to the recreation area is a large pool and spa with multiple outdoor seating D & E- 2 1 PLANNING COMMISSION STAFF REPORT DRC2010-00361 AND SUBTT18782 - LEWIS APARTMENT COMMUNITIES • December 8, 2010 Page 3 areas. There are also two small parks, multiple courtyards with enhanced seating areas and barbeques, a community garden, two children's play areas, and a fenced dog run. E. Parking: The project provides a total 427 parking spaces, 5 above the 422 parking spaces required by the Development Code. This includes 344 enclosed garage spaces (not counting the second space in the 26 tandem garages) and 83 unenclosed spaces. The Development Code does not explicitly permit tandem parking, which has led the Planning Department historically to not count the second (inside) tandem parking spaces towards the required parking because of the lack of accessibility of the inside parking space. The project exceeds the minimum parking requirement by 5 parking spaces, not counting the tandem spaces, and exceeds it by 31 spaces when they are counted. The applicant has informed staff that they have a very strict parking sticker program to guarantee that residents use their garages and do not use the guest parking spaces. The garage doors of the project have windows to verify that all garage parking spaces are available for parking vehicles. Number of Bedrooms Number of Code Standard Required Total Total Units Covered Required Provided Parking Parking Parking Spaces Spaces One Bedroom Units 1.5 spaces/unit 16 spaces 24 spaces 16 garage + 16 (1 garage space) 8 unenclosed Two Bedroom Units 83 1.8 spaces/unit 83 spaces 149 spaces 140 garage*+ (1 garage space) 9 unenclosed • Three Bedroom Units 42 2.0 spaces/unit 84 spaces 84 spaces 84 garage (2 garage spaces) . Four Bedroom Units 2.3 spaces/unit 102 spaces 117 spaces 102 garage + 51 (2 garage spaces) 15 unenclosed Guest Parking 192 0.25 spaces/unit 48 spaces 48 Total Parking Spaces Required 422 Total Parking Spaces Provided* 427 Total Garage Parking Spaces Required 285 Total Garage Parking Spaces Provided* , 344 Total Unenclosed Parking Spaces Proved 83 Surplus Parking Above Minimum Code Requirement 5 Surplus Parking Counting Tandem Parking Spaces 31 (7%) *Not Counting 26 Tandem Parking Spaces F. Design Review Committee: The project was reviewed by the Committee (Munoz, Wimberly, Granger) on October 19, 2010. The Committee recommended that the applicant add additional architectural elements to the buildings to enhance the Santa Barbara design theme. They were especially critical of the garage side of the buildings which had minimal architectural detail. The Committee also felt that the project needed additional guest parking spaces because of the large number of three and four bedroom units. Additionally, they agreed with staff that the inside tandem parking space should not be counted toward the minimum parking requirement. They informed the applicant to make the recommended changes and come back to the Committee to review the changes. • The applicant made changes to the project which the Committee (Munoz, Wimberly, Granger) reviewed on November 2, 2010. The Committee was pleased overall with all of the proposed D & E- 3 r PLANNING COMMISSION STAFF REPORT DRC2010-00361 AND SUBTT18782 - LEWIS APARTMENT COMMUNITIES December 8, 2010 • Page 4 . • changes, although they asked the applicant to provide an architectural detail of the trellis structures over the garages and of the wrought iron elements over the lower portion of the windows on the garage side of the buildings. The applicant also agreed to add additional mortar lifts to the shed roof elements on Building F (8 total). The Committee Withdrew their requirement that the project have guest parking above the minimum requirement and recommended that the project be forwarded to the Planning Commission with the proposed changes. G. Grading and Technical Review Committees: The project was reviewed by these Committees on October 19, 2010. The Committees recommended approval of the project without changes. H. Neighborhood Meeting: A neighborhood meeting was held on October 12, 2010. All the property owners within 660 feet of the site were invited to the meeting. No property owners attended the meeting. I. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to aesthetics, cultural resources, hydrology and water quality, noise, air quality and geology and soils, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. • CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a . 660-foot radius of the project site. • RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions which recommend to the City Council final approval of Development Review DRC2010-00361 and Tentative Tract Map SUBTT18782 and issuance of a Mitigated Negative Declaration of environmental impacts. Re ectfully submitted, D . • Ja s R. Troyer, AICP Planning Director JRT:TV/ge • • D & E- 4 PLANNING COMMISSION STAFF REPORT DRC2010-00361 AND SUBTT18782 - LEWIS APARTMENT COMMUNITIES • December 8, 2010 Page 5 Attachments: Exhibit A - Site Utilization Plan Exhibit B - Detailed Site Plan Exhibit C - Tentative Tract Map Exhibit D - Conceptual Grading Plans Exhibit E - Elevations, Roof Plans, and Floor Plans Exhibit F - Landscape Plans Exhibit G - Design Review Action Comments dated October 19, 2010, and November 2, 2010 Exhibit H - Initial Study Parts I and II Draft Resolution of Approval for Development Review DRC2010-00361 Draft Resolution of Approval for Tentative Tract Map SUBTT18782 • • • D & E- 5 _ oc% % ACTION AGENDA • DESIGN REVIEW COMMITTEE MEETING TUESDAY OCTOBER 19, 2010 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER RAINS ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA Committee Members: Lou Munoz Ray Wimberly James Troyer Donald Granger Alternates: Frances Howdyshell Richard Fletcher Francisco Oaxaca CONSENT CALENDAR NO ITEMS SUBMITTED. PROJECT REVIEW ITEMS This is the time and place for the Committee to discuss and provide direction to an applicant regarding their development application. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. 7:00 p.m. (Tabe/Willie) ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18782 - • LEWIS APARTMENT COMMUNITES - A request to create a Tract Map for condominium purposes for an 11.15-acre site within the High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue and Spruce Avenue - APN: 1077-422-21,22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. DEVELOPMENT AND DESIGN REVIEW DRC2010-00361 - LEWIS APARTMENT COMMUNITIES - A request to construct a multi-family housing development consisting of 192 units on 11.15 acres of land within the Residential High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue and Spruce Avenue - APN: 1077-422-21,22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PUBLIC COMMENTS There were no public comments. ADJOURNMENT The meeting adjourned at 9:04 p.m. • EXHIBIT G D & E-62 • • DESIGN REVIEW COMMENTS • • • 7:00 p.m. Tabe van der Zwaag October 19, 2010 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18782 - LEWIS APARTMENT COMMUNITES - A request to create a Tract Map for condominium purposes for an 11.15-acre site within the High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan, located on the south side of Church Street between Elm Avenue and • Spruce Avenue - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. DEVELOPMENT AND DESIGN REVIEW DRC2010-00361 - LEWIS APARTMENT COMMUNITIES - A . request to construct a multi-family housing development consisting of 192 units on 11.15 acres of land • within the Residential High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan, located on the south side of Church Street between Elm Avenue and Spruce Avenue - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Background: Lewis Apartment Communities has submitted an application to develop a 192 unit market rate rental condominium project. The 11.15-acre project site is located on the south side of Church Street between Elm Avenue and Spruce Avenue and is within the Terra Vista Community Plan. The land use designation for the site is Residential High (H), which has a density range of 24.to 31 units per acre. The Terra Vista Community plan permits the site to be developed at the Medium High (MH) • density range (14 to 24 units per acre) with the approval of the Design Review Committee, Planning Commission and City Council. The proposed density is approximately 17.45 units per acre. The multi-family development directly north of the project site was also developed at a reduced density (reduced from High to Medium High Residential). Design Theme: The project is named Santa Barbara and was designed to evoke the Spanish revival architecture and landscape themes found in the City of Santa Barbara. The main drive aisle of the development is named State Street, which is the main commercial street in Santa Barbara. State Street will have enhanced landscaping and seating areas to encourage pedestrian activity and will be anchored by a small park on either end. The buildings facing State Street will have enhanced entrances that will open to themed courtyards. The courtyards will have unique landscape palettes along with tenant amenities that include outdoor fireplaces, barbeques, water features, and enhanced seating areas. The three-story buildings will face the courtyards and are designed using many of the architectural details found in classic Santa Barbara architecture. Unit Breakdown: The development is made up of 192 units in 22 buildings. This includes 16 one-bedroom units (889 square feet), 83 two-bedroom units (1,428 square feet), 26 three-bedroom units (1,678 square feet), and 67 four-bedroom units (1,946 square feet). Each unit has an outdoor deck and a number of the units also include a ground level patio. Recreational Amenities: The project was designed to have recreational amenities that meet the interests of tenants of all ages. The center piece is a 5,500 square foot recreation building that will include meeting rooms, a gym, a communal kitchen, a computer room, and a gathering area with a fireplace. Adjacent to the recreation area is a large pool and spa with multiple outdoor seating areas. There are also two small parks, multiple courtyards with enhanced seating areas and barbeques, a community • garden, two children's play areas and a fenced dog run. • • D & E- 63 • • DRC ACTION AGENDA 'DRC2010-00361 — LEWIS APARTMENT COMMUNITI ES Wctober 19, 2010 age 2 Parking: The project provides a total 421 parking spaces. Of these, 344 spaces are provided in enclosed garages (this does not include the 26 tandem garage spaces), 55 are open surface spaces, 21 are parallel drive aisle parking spaces, and 3 are handicap parking spaces. The Planning Department has historically not counted the tandem parking spaces towards the required parking because of the lack of accessibility to the inside parking space. The applicant insists that through their parking management program they will ensure that tenants do not use the inner space for storage or use the guest parking spaces. The majority of enclosed parking spaces are directly accessible to the dwelling units, though 26 units have one detached enclosed parking space in an adjacent building. Not counting the 26 tandem parking spaces, the project is 6 parking spaces deficient of meeting the overall minimum requirement. Number of Bedrooms Number Code Standard Required Total Required Parking Total of Units Covered Spaces Provided Parking Parking Spaces One Bedroom Units 16 1.5 spaces/unit 16 spaces 24 spaces 16 garage+ (1 garage space) spaces Two Bedroom Units 83 spaces 149 spaces 140 garage"+ 83 1.8 spaces/unit - 9 open • (1 garage space) spaces, Three Bedroom Units 2.0 spaces/unit 52 spaces 52 spaces 52 garage • 26 (2 garage spaces) • Four Bedroom Units 134 spaces , 154 spaces 134 garage+ 2.3 spaces/unit 67 (2 garage spaces) 20 open spaces Guest Parking 192 0.25 spaces/unit 48 42 . Garage Spaces not Assigned to a Unit •• 2 Total Spaces 429 421 Enclosed Garage Spaces' 285 344 Total Open Spaces Provided 79 Total Dedicated Tenant Open Spaces 37 Guest Space Parking Deficiency (-6) `26 tandem spaces not included ANALYSIS: The project meets or exceeds all the minimum development standards of the Terra Vista Community Plan and the Development Code except for parking and the necessity for up to 8-foot high perimeter walls (where retaining walls are necessary). The applicant has filed a Minor Exception for an• additional 2 feet of wall height above the maximum 6 feet permitted. The applicant has proposed using gravity retaining walls that will be planted to soften their appearance. The project will be gated and have one point of entry from Church Street. The applicant has used open fencing around a large portion of the project to reduce the feel of a gated community. There are pedestrian access gates on each side of the four sides of the project. Staffs' major concerns with the project are related to parking and the level of architectural details on the buildings. • • Because of complaints associated with the parking issue related to multi-family developments in the City, the Planning Commission has made it a policy to require parking in access of the minimum. While no hard number or percentage above the minimum has been decided upon, a goal of 20 percent above the minimum seems reasonable. This will help avoid the problem of having to allow on-street parking D & E- 64 DRC ACTION AGENDA DRC2010-00361 — LEWIS APARTMENT COMMUNITIES October 19, 2010 • Page 3 surrounding the developments. Presently, no on-street parking is permitted on the streets surrounding the development, which would leave any overflow parking moving to the nearby retail and office uses • adjacent to the project site. The project includes a large number of 3 and 4 bedroom units (93 total) that staff is concerned will overwhelm the proposed guest parking. The applicant insists that through their on- site parking permit program and constant monitoring by on-site management, that the provided parking should be adequate. • Overall, Staff is pleased with the design of the buildings, but feel additional architectural details are necessary to fully capture the Santa Barbara architectural style. Staff has attached photos of multi-family development in another city which highlight the details used with this architectural style. This includes decorative soffits, wrought iron details, conductor boxes on the downspouts, stucco texture, and trellis structures over the garage doors. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project. 1. The project is currently 6 parking spaces deficient of meeting the minimum guest parking requirement (not counting the 26 tandem parking spaces). It is recommended that the applicant add additional guest parking spaces above the minimum requirement. Secondary Issues: • 1. Wrought Iron — Staff has recommended that the applicant add wrought iron grills over all of the small fixed windows. The applicant has added them to a few windows and stated that their architect believes that adding more would detract from the aesthetics of the building. Staff does not agree with this conclusion and feels that additional wrought iron elements should be added. 2. Decorative Soffits — The applicant has proposed very plain radius soffits stating that they are appropriate to the design of the building, and due to the height of the buildings, are not very visible. Staff feels that a more decorative soffit would enhance the overall design of the buildings (see attached photos). 3. Downspout Conductor Boxes — Staff recommends adding conductor boxes to all the downspouts to reinforce the Santa Barbara architectural style and to add an additional architectural detail to the large flat wall planes on the garage side of the buildings (see attached photos). The architect again • believes that they would detract from the aesthetics of the building. 4. Garage Trellises — Trellis structures have been used over a large number of the garage doors. Staff feels that they should be added to more or all of the garage doors, especially the garage doors adjacent to a change in wall plane. 5. Stucco Texture — A smooth plaster finish is a hallmark of Santa Barbara (Spanish revival) architecture. Staff understands that a smooth plaster finish is more costly to install and is prone to cracking. Staff has asked the applicant to provide the smoothest texture possible. • D & E- 65 DRC ACTION AGENDA •DRC2010-00361 — LEWIS APARTMENT COMMUNITIES ctober 19, 2010 Wage 4 6. Pilaster— Staff has requested that the applicant add additional decorative pilasters to both the open fencing and the block walls. The applicant has added a few additional pilasters, though staff still feels that additional pilasters are necessary. Staff recommends adding pilaster approximately every 20 to 30 feet of fence or wall plane. 7. Roof Tile — Spanish tile with mortor lifts are being proposed for the roof of the recreation building only (see photo on page titled — Elevations: Resident Leasing and Amenity). Because of cost constraints, the applicant does not wish to use the mortor lifts on the other buildings in the project. The mortor lifts give the roofs more dimension and are authentic to the architectural style. The question is whether mortor lifts should be used on all of the buildings. Staff Recommendation: Staff recommends that the Committee consider the issues outlined above and forward the project to the Planning Commission for final review if all issues are resolved. Desiqn Review Committee Action: The Design Review Committee reviewed the proposed multi-family development and had two major issues with the project: • 1. The project needs additional parking above the minimum requirement. While the project just meets • the minimum parking requirement, not counting the tandem parking spaces, the Committee stated that because of the large 3 and 4 bedroom units in the development, more parking is required. They also stated that the tandem parking spaces should not be counted as available parking spaces. 2. The project architecture needs additional enhancement. The Committee stated that the project fell short of evoking the Santa Barbara architectural style that the project was meant to emulate. This is especially true of the garage side of the buildings. The Committee recommended that the applicant add more of the design elements found in traditional Santa Barbara architecture (i.e smooth stucco, wrought iron, window canopies). The meeting concluded with the Committee recommending that the applicant work with staff and return to a future Design Review Committee meeting. Members Present: Munoz, Wimberly, Granger Staff Planner: Tabe van der Zwaag • • • • D & E- 66 DESIGN REVIEW COMMENTS • October 19, 2010 ADJOURNMENT The meeting adjourned at 9:04 p.m. Respectfully submitted, James R. Troyer, AICP Planning Director • • D & E- 67 • ACTION AGENDA DESIGN REVIEW COMMITTEE MEETING TUESDAY NOVEMBER 2, 2010 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER RAINS ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA Committee Members: Lou Munoz Ray Wimberly James Troyer Donald Granger Alternates: Frances Howdyshell Richard Fletcher Francisco Oaxaca CONSENT CALENDAR NO ITEMS SUBMITTED. PROJECT REVIEW ITEMS This is the time and place for the Committee to discuss and provide direction to an applicant regarding their development application. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. •7:00 p.m. (Tabe/Willie) ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18782 - LEWIS APARTMENT COMMUNITIES - A request to create a Tract Map for condominium purposes for an 11.15-acre site within the High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue and Spruce Avenue - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. DEVELOPMENT AND DESIGN REVIEW DRC2010-00361 - LEWIS APARTMENT COMMUNITIES - A request to construct a multi-family housing development consisting of 192 units on 11.15 acres of land within the Residential High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue and Spruce Avenue - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PUBLIC COMMENTS There were no public comments. ADJOURNMENT •The meeting adjourned at 8:58 p.m. D & E- 68 • DESIGN REVIEW COMMENTS • 7:00 p.m. Tabe van der Zwaag November 2, 2010 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18782 - LEWIS APARTMENT COMMUNITIES - A request to create a Tract Map for condominium purposes for an 11.15-acre site within the High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue and Spruce Avenue - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • DEVELOPMENT AND DESIGN REVIEW DRC2010-00361 - LEWIS APARTMENT COMMUNITIES - A request to construct a multi-family housing development consisting of 192 units on 11.15 acres of land within the Residential High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue and Spruce Avenue - APN: 1077-422-21,.22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. The project planner will provide plans at the meeting. Design Review Committee Action: • The Committee reviewed the changes that the applicant made from the October 19, 2010, meeting; the Committee was pleased with the results. They asked the applicant to provide them with detailed illustrations of the proposed trellises over the garage doors and illustrations of the decorative window elements. Additionally, the Committee requested that the mortar roof tile lifts that are used on the recreation building be used on the roofs of the other buildings in the project. After a brief discussion, the applicant agreed.to add the mortar lifts to 8 of the buildings that have shed roofs. The Committee found . this compromise acceptable. The Committee also stated that they would not require the project to have guest parking above the minimum requirement outlined in the Development Code. The applicant stated that they would provide staff with the architectural details prior to the Planning Commission hearing. The Committee recommended that the project be forwarded to the Planning Commission with the proposed changes. • Members Present: Munoz, Wimberly, Granger Staff Planner: Tabe van der Zwaag • • D & E- 69 • DESIGN REVIEW COMMENTS November 2, 2010 ADJOURNMENT The meeting adjourned at 8:58 p.m. Respectfully submitted, cr +tea C James R. Troyer, AICP Planning Director • • D & E- 70 l; Print Form <I • ENVIRONMENTAL INFORMATION FORM gwoloe, (Part I - Initial Study) City of Ranch�camonga (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) Planning Department (909)477-2750 The purpose of this form is to inform the City of the basic components of the proposed, project so that the City may review the project pursuant to City Policies, Ordinances,and . the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this be provided in full. Upon review of the completed Initial Study Part I and the development application, +, additional information such as, but not limited to,traffic, noise, biological, drainage,and, geological reports may be required. The project application will not be deemed complete unless the identified special studies/reports are submitted for review and accepted as complete and adequate. The project application will not be scheduled for Committees' `. review unless all required reports are submitted and deemed complete for staff to prepare the Initial Study Pan`. II as required by CEQA. In addition to the filing fee, the will be responsible to pay or reimburse the City, its agents, officers, and/or consultants for all costs for the preparation, review, ::analysis, recommendations, mitigations, etc., of any special studies or reports. • GENERAL INFORMATION: INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing Information. Application Number for the project to which this form pertains: DRC2010-00361 /SUBTT18782 Project Title: SANTA BARBARA Name&Address of project owner(s): LEWIS APARTMENT COMMUNITIES 1156 N. MOUNTAIN AVENUE UPLAND, CA 91786 Name&Address of developer or project sponsor: SAME AS ABOVE • Contact Person&Address: JOHN YOUNG (SAME ADDRESS AS ABOVE) IPPLANNINGIFINAL\FORMS\COUNTER\Initial Study Partl.doc Page 1 of 10 EXHIBIT H o & E- 71 • Name&Address of person preparing this form (if different from above): MARK BERTONE c/a MADOLE&ASSOCIATES, INC. 9302 PITTSBURGH AVENUE, SUITE 130 • RANCHO CUCAMONGA, CA 91730 Telephone Number. (909)481-6322 • PROJECT INFORMATION & DESCRIPTION: Information Indicated by an asterisk(*)is not required of non-construction CUP's unless otherwise requested by staff. '1) Provide a full scale (8-1/2 x 11)copy of the USGS Quadrant Sheet(s)which Includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east, and west; views into and from the site from the primary access points that serve the site;and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location (describe): 11.1 ACRES BOUNDED ON NORTH BY CHURCH STREET, ON THE EAST BY SPRUCE AVENUE,ON THE SOUTH BY TOWN CENTER DRIVE AND ON THE WEST BY ELM • AVENUE. • 4) Assessor's Parcel Numbers(attach additional sheet if necessary): 1077-422-21, 22 AND 25 '5) Gross Site Area(ac/sq. ft.): 14.568 AC/634,582 S.F. *6) Net Site Area(total site size minus area of public streets&proposed • dedications): 11.154 AC 1485,868 S.F. 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 I:\PLANNINGIFlNAL\FORMS\COUNTER\Initial Study Partl.doc - Page 2 of 10 D & E- 72 • • agencies in order to fully implement the project: • Design Review Approval; Tentative Tract Map approval; Grading Permit; Building Permits; Permit for construction of public improvements in adjacent streets. • 9 Describe the physical setting of the site as it exists before the project including information on topography,soil stability, plants and animals,mature trees,trails and roads,drainage courses,and scenic aspects. Describe any existing structures on site(including age and condition)and the use of the structures. Attach photographs of significant features described. In addition,cite all sources of information(i.e.,geological and/or hydrologic studies,biotic and archeological surveys,traffic studies): The site is currently vacant without any existing structures upon the land. The site is surrounded by improved roadways on all four sides- Elm Street to the west, Church Street to the north, Spruce Avenue to the east aril Town Center Drive to the south. The site consists of native grasses and has a gentle slope from the northwest corner to the southeast corner; the total vertical elevation difference is 16 feet. • • • 10 Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books,published reports and oral history): None known. • • (:PLANNING\FINAL\FORMS\COUNTER\Initial Study Partt.doc Page 3 of 10 D & E- 73 11. Describe any noise sources and their levels that now affect the site(aircraft,roadway noise,etc.)and how they will affect proposed uses: • There are no concentrated aircraft operations in the vicinity of the site; aircraft noise does not impact the site. Existing roadway noise levels have been measured•at 67 dBA. Stationary noise sources from existing shopping center have been measured at levels not exceeding 69dBA. These noise sources will not have a significant impact to the proposed use. • 12 Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase,and the anticipated completion of each increment. Attach additional sheet(s)if necessary: The proposed project will consist of 26 residential apartment buildings and 1 recreational/leasing building. The buildings will be(3)stories in height. 192 apartment units are proposed ranging in size from 889 s.f. to 1,972 s.f. Apartments will be available in 1,2, 3 and 4 bedroom options. The 1-bedroom unit will come with a 1-car garage and the 2, 3 and 4 bedroom units will come with 2-car garage packages. • • • 13 Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use(residential, commercial,etc.),intensity of land use(one-family,apartment houses, • shops, department stores, etc.) and scale of development(height, frontage, setback, rear yard, etc.): Existing multi-family apartments (High Density Residential 24-30 dulac)to the north across Church St.; existir1 Office Park to the west across Elm Avenue; existing retail shopping center(71 acres)south of Town Center F Drive; existing retail shopping center(25 acres) 14 Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? No. • 1:\PLANNING\FINAL\FORMS\COUNTERVnitial Study Partl.doc Page 4 of 10 • D & E- 74 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? What methods of soundproofing are proposed? Proposed project will result in short-term construction noise impacts to surrounding land uses due to the grading and construction activities. Construction noise is controlled by EPA Noise Control Program. Construction activities will be temporary in nature and are expected to occur during normal working hours. No long-term noise Impacts are known or forecasted with the development of this project. *18,' Indicate proposed removals and/or replacements of mature or scenic trees: NONE 17, Indicate any bodies of water(including domestic water supplies)into which the site drains: . The site does not drain into a body of water. Runoff generated from the proposed development will drain into City of Rancho Cucamonga operated and maintained storm drain systems. • • 18 Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at 987-2591. 49200 73800 a. •Residential(gal/day) Peak use(gal/Day) / b. Commerciallnd. (gal/day/ac) Peak use(gaUmin/ac) J 19 Indicate proposed method of sewage disposal. ❑ Septic Tank Sewer. ,/ If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification,please contact the Cucamonga Valley Water District at 987-2591. 36500 a. Residential(gal/day) b. CommerciaUlndustrial(gal/day/ac) • RESIDENTIAL PROJECTS: 20, Number of residential units:192 Detached(indicate range of parcel sizes, minimum lot size and maximum lot size: Attached(indicate whether units are rental or for sale units): 192 RENTAL UNITS • I:IPLANNINGIFINAL\FORMS\COUNTER\Initial Study Partl.doc Page 5 of 10 D & E- 75 • 21_ Anticipated range of sale prices and/or rents: • Sale Price(s) $ to $ • Rent(per month) $1,450.00 to $2,500.00 22, Specify number of bedrooms by unit type: SEE ATTACHED • 23, Indicate anticipated household size by unit type: SEE ATTACHED • • 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: 32 a. Elementary: • 9 •b. Junior High: 25 c. Senior High COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25, Describe type of use(s)and major function(s)of commercial, industrial or institutional uses: N/A • 26, Total floor area of commercial, industrial, or institutional uses by type: N/A 27, Indicate hours of operation: N/A • 28) Number of employees: Total:N/A N/A •• Maximum Shift: Time of Maximum Shift: N/A 1:1PLANNINGIFINAL\FORMS\COUNTER\Initial Study Part1.doc Page 6 of 10 D & E- 76 • 29 Provide breakdown of anticipated job classifications, including wage and salary ranges, as well as an indication of the rate o • • hire for each classification(attach additional sheet if necessary): N/A 30, Estimation of the number of workers to be hired that currently reside In the City:N/A • *31, For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should bt verified through the South Coast Air Qualify Management District, at(818) 572-6283): N/A • ALL PROJECTS • • • • 33 Have the water, sewer,fire,and flood control agencies serving the project been contacted to determine their ability to providt adequate service to the proposed project? If so,please Indicate their response. CITY OF RANCHO CUCAMONGA OWNS AND MAINTAINS STORM DRAIN FACILITIES SIZED TO ACCEPT STORM RUNOFF FROM 100 YEAR RAIN EVENTS. CUCAMONGA VALLEY WATER DISTRICT WAS CONTACTED (RAYMOND ABEYTA)AND INDICATED THAT THEY MAINTAIN FACILITIES SIZED TO ADEQUATELY SERVE THIS PROJECT. 33 In tho known history of this property, has there been any use, storage, or discharge of hazardous and/or toxic materials: Examples of hazardous and/or toxic materials include,but are not limited to PCB's;radioactive substances;pesticides am 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 of use, I known. NO KNOWLEDGE OF HISTORY OF USE,STORAGE OR DISCHARGE OF ANY HAZARDOUS AND/ OR TOXIC MATERIALS. . • • I:\PLANNING\FINAL\FORMSICOUNTER\Initial Study Partl.doc Page 7 of 10 D & E- 77 34 Will 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 am • proposed method of disposal::.The location of such uses,.along with the.storage and shipment areas,shell be shown am labeled on'the applicatien,plank. Temporary or long-term use, storage or discharge of hazardous and/or toxic materials will not occur as part of this proposed project. 35 The applicant shalt be required to pay any applicable Fish and Game fee.. 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/Planning Director hearing: l hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate'evaluation of this project to the best of my ability that the facts, .twnents and information presented are true and correct tot he best of my knowledge and belief. I further understand that addif6 el nformation maybe:required to be submitted before an adequate evaluation can'be made by the City of Rancho Cucamong.., Date:SEPTEMBER 16,:2010 Signature: • . � -`O' AI Title:PRESIDENT, MADQLE&ASSOCIATES, INC. • • Ia PLANNINGtFINALWORMS\COUNTERttnitial Study Padl:doc Page 8&of 10 D & E- 78 • • ATTACHMENT "A" • CITY OF RANCHO CUCAMONGA ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single-Family 705 gallons per EDU per day Multi-Family 256 gallons per EDU per day Neighborhood Commercial 1000 gal/day/unit (tenant) General Commercial 4082 gal/day/unit (tenant) Office Professional 973 gal/day/unit (tenant) Institutional/Govemment 6412 gal/day/unit (tenant) Industrial Park 1750 gal/day/unit (tenant) Large General Industrial 2020 gal/day/unit (tenant) Heavy Industrial (distribution) 1863 gal/day/unit (tenant) Sewer Flows • Single-Family 270 gallons per EDU per day Multi-Family 190 gallons per EDU per day General Commercial 1900 gal/day/acre Office Professional 1900 gal/day/acre Institutional/Government Industrial Park 3000 gal/day/acre Large General Industrial 2020 gal/day/acre Heavy Industrial (distribution) 1863 gal/day/acre Source: Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 • IAPIANNING\FINAL\FORMS\COUNTER\Initial Study Par11.doc Page 9 of 10 D & E- 79 • • ATTACHMENT B Contact the school-district for your area for amount and payment of school fees: • Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 • (909)987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 • • (909)987-8942 Etiwanda 6061 East Avenue P.O. Box 248 • Rancho Cucamonga, CA 91739 (909)899-2451 High School • • Chaffey High School 211 West 5th Street Ontario, CA 91762 (909)988-8511 • • 1:1PLANNING\FINAL\FORMS\COUNTER\Initial Study Partl.doc Page 10 of 10 D & E- 80 • k-II A^W' 1 Y JC Ir ITi 4 _}�1.7/Li):i V- ( P' 1 W m e;n-II i II 1 '1..iC 14 n+ PNest.rIP/ 'y a■ tdvir, i � i ,;001 I dl 'Pi • tr,,� , �',a` � �1F 'u i+ .�'N ;"�#�i °�L`+ m Z O i� v/ < w - s , F s w .� ryl ' ¢ e t3':, , f,A; st 1 .. i4 aeLI,1 1 p >'t " i I a {��4 { A t s '�Iw1 uiD,^. 4414 q 'a, n` �p a c� a O y;r \ ate% / \ t ) . _ Egi t +7u F a rr omA R er . I.ES,4.., \ 1 1 l Wit 531tY a ! 0 y� i 1 .� , re: 1 I,� I{ t• I 2 T -Biel .i� t41 L i O - l �k pp 1 { "1 4 "£ © I r 5 ) t _ .. EI .c1 21 Ss r:. lit 1 X 1 q __ Q A r Y (1 ft t- 1 3 fi.II+ � fI E� s " r 11rn I 11 i(il' 1gi4i rl y- 1 1 ' d L'9 c 2,F, 1" I \ k a c 8':F)sit all 6 ' �� 1 -.:, ' }I Ik`>4 y 1 'R 'i j*t Y, f I+.i NYC }4 Fe N 71a ls -1 \ ,, rill/:Yd i.. r 1 l{d i Pe}i}4 a4 1 r -.■r` i 11 ii�' � lilt: - x F t 3 ! I t 1s17 Ijitti ^""'- a t'r R f.. I K ; ,(s.Yi I 1 t 0 0 19 D & E- 81 City of Rancho Cucamonga it. � ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II . ZM BACKGROUND . 1. Project File: Tentative Tract Map SUBTT18782 and Design Review DRC2010-00361 2. Related Files: Minor Exception DRC2010-00721 3. Description of Project: DESIGN REVIEW DRC2010-00361 - . LEWIS APARTMENT COMMUNITIES -A review of plans for a multi-family housing development consisting of 192 units on 11.15 acres of land within the High (H) Residential Development District (24-31 d/u per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue, Spruce Avenue and Town Center Drive - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related file: Tentative Tract Map SUBTT18782. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18782 — LEWIS APARTMENT COMMUNITES - A request to create a Tract Map for condominium purposes for a 11.15-acre site within the High (H) Residential Development District (24-31 d/u per acre) of the Terra Vista Community Plan on the south side of Church Street between Elm Avenue, • Spruce Avenue and Town Center Drive - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. Related file: Design Review DRC2010-00361. 4. Project Sponsor's Name and Address: Lewis Apartment Communities 1156 North Mountain Avenue Upland, CA 91786 • 5. General Plan Designation: High (H) Residential 6. Zoning: High (H) Residential 7. Surrounding Land Uses and Setting: The 11.15-acre project site is located between Church Street and Town Center Drive and between Elm Avenue, Spruce Avenue, and Town Center Drive and is within the Terra Vista Community Plan. The site slopes from north to south and has been cleared of vegetation. The property to the north is developed with a multi-family housing project 'and is zoned High (H) Residential. The'properties to the east and south are developed with a commercial projects and are zoned Community Commercial (CC). The property to the west is developed with an office project and is zoned Office Park(OPK) 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: Tabe van der Zwaag . (909)477-2750 D & E- 82 • Initial Study for City of Rancho Cucamonga SUBTT16782 AND DRC2010-00361 Page 2 10. Other agencies whose approval is required (e.g., permits, financing approval, or • participation agreement): None. GLOSSARY—The following abbreviations are used in this report: CVWD—Cucamonga Valley Water District EIR — Environmental Impact Report FEIR—Final Environmental Impact Report FPEIR - Final Program Environmental Impact Report NPDES—National Pollutant Discharge Elimination System NOx— Nitrogen Oxides ROG —Reactive Organic Gases • PM10— Fine Particulate Matter RWQCB— Regional Water Quality Control Board SCAQMD— South Coast Air Quality Management District SWPPP— Storm Water Pollution Prevention Plan URBEMIS7G— Urban Emissions Model 7G ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant impact Unless Mitigation Incorporated,"or"Less Than-Significant-Impact" as indicated by the checklist on the following pages. (✓) Aesthetics ( ) Agricultural Resources (✓) Air Quality ( ) Biological Resources (7) Cultural Resources (7) Geology & Soils • • ( ) Hazards &Waste Materials (✓) Hydrology &Water Quality ( ) Land Use & Planning ( ) Mineral Resources (7) Noise ( ) Population & Housing ( ) Public Services ( ) Recreation ( ) Transportation/Traffic ( ) Utilities & Service Systems ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (X) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED.NEGATIVE DECLARATION will be prepared. Prepared By: v" v Date: �"'/`/(l/ 4 l Reviewed By: - _ �i Date: 1\3" . q • Rev. 9/13/2010 D & E- 83 • Initial Study for City of Rancho Cucamonga • .SUBTT18782 AND DRC2010-00361 Page 3 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on 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 Figure LU-6. 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 on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive, and is characterized by multi-family residences to the north, commercial centers to the south and east and offices to the west. 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. 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? 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? Rev. 9/13/2010 D & E- 84 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 4 . • • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant Impact Incorporated Imp aq t Impact Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of • Statewide Importance. The site is located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive,and is characterized by multi-family residences to the north, commercial centers to the south and east and offices to the west. There are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga according to General Plan Table RC-2. Concentrations of . Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR 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 FPEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no • Williamson Act contracts within the City. c) The site is located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive, and is characterized by multi-family residences to the north, commercial centers to the south and east and offices to the west. The Terra Vista Community Plan area was historically used as vineyards, although most have been removed to allow mass grading operations to occur. There is no longer any agricultural activity in the immediate area. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (✓) applicable air quality plan? b) Violate any air quality standard or contribute ( ) (✓) ( ) ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of ( ) ( ) ( ) (✓) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) (✓) ( ) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (✓) • number of people? Rev. 9/13/2010 D & E- 85 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 5 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact Comments: a) As noted in the General Plan FPEIR (Section 4.3), the proposed project would not interfere with the region's ability to comply with Federal and State air quality standards for . Criterion 1 Increase in the Frequency or Severity of Violations (local air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the 2003 AQMP). Therefore the project is consistent with the 2003 AQMP and is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Additionally, the applicant's consultant, LSA Associates, Inc., prepared a project specific Air Quality Analysis (dated July 2010) and proposed mitigation measures to reduce the projects effects on the environment to less-than-significant. These measures have been incorporated into the mitigation measures below: b) Short Term (Construction) Emissions - Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. • Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are• not new to the Rancho Cucamonga area and would not violate an air quality standard or worsen the • existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a 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. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per .manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to City denoting the proposed schedule and 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. Rev. 9/13/2010 D & E- 86 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 6 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact 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. • Revegetate disturbed areas as quickly as possible. • Pave or apply gravel to any on-site haul roads. • Pave, water, or chemically stabilize all on-site roads as soon as feasible. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of • construction. • Sweep all streets once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). • Install wheel washer where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site. • 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. • Cover all trucks hauling dirt, sand, sand, soil or other loose materials, or maintain at least 0.6 m (2 feet) of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) section 23114. • Pave construction access roads at least 30 m (100 feet) onto the site from the main road. • Reduce traffic speeds on al unpaved roads to 15 mph or less. • • 6) • The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) at least twice daily to reduce Particulate Matter (PMio) emissions, in accordance with SCAQMD Rule 403. • Rev. 9/13/2010 D & E-87 Initial Study for City of Rancho Cucamonga • • SUBTT18782 AND DRC2010-00361 Page 7 Less Than Significant Less Issues and Supporting Information Sources: Significant With Than PP 9 SiImpct corporate Significant Impact Incorporated Impact ImWCI 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 PMig 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 all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. • 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period will be extended; thereby decreasing the size of the area prepared each day to minimize vehicles and equipment operating at the same time. 11) All trucks shall not idle continuously for more than 5 minutes at any one time. • 12) The construction contractor should time the construction activities so as to not interfere with peak-hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. Based upon on the Air Quality Analysis preformed by LSA Associates, Inc. dated July 2010, the project will not exceed Short-Term Construction Emissions, Construction Localized Significance at the Nearest Residence to the Northwest, Long-Term Operation Emissions or Operational Localized Significance. No adverse impacts are anticipated. Long Term (Operational) Emissions- In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; 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: 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 16) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. • 17) Provide a landscape and development plan for the project that takes advantage of shade, prevailing winds and drought tolerant landscaping. Rev. 9/13/2010 D & E- 88 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 8 • Less Than Significant Less Potentially with Than Issues and Supporting Information Sources: SiImact Mitigation SiImpcant pa Imoaq Incomomtetl Impact Impact 18) Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 19) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 20) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 21) Install efficient lighting and lighting control systems. 22) Install light colored cool pavements. 23) Install solar or light-emitting diodes (LEDs) for outdoor lighting. 24) Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include the following, plus other innovative measures that might be appropriate: • Create water-efficient landscapes with the development; and • • Install water-efficient irrigation systems and devises, such as soil moisture-based irrigation controls; and • Use reclaimed water for landscape irrigation within the project. Install the infrastructure to deliver and use reclaimed water; and • Restrict watering methods (e.g. prohibit systems that apply water to non- • vegetated surfaces) and control runoff. 25) Reuse and recycle construction waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). • 26) Provide interior and exterior storage areas for recyclables and green waste adequate recycling containers located in public areas. 27) Provide employee education about reducing waste and available recycling systems. After implementation of the preceding mitigation measures, the General Plan FPEIR 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 as noted in the General Plan FPEIR(Section 4.3). c) As noted in the General Plan FEIR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and • State standards. The General Plan FPEIR 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 FPEIR was prepared and impacts evaluated. Rev. 9/13/2010 D & E- 89 • • Initial Study for City of Rancho Cucamonga • SUBTT18782 AND DRC2010-00361 Page 9 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than PP g Significant nrran Significant No Impact Incorporated Impact Impact d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located 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 and the following mitigation measure will • reduce impact to less-than-significant levels. 28) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices, Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. e) Construction Odors (Short-term) may include odors associated with equipment use • including diesel exhaust or roofing, painting and paving. These odors are temporary and would dissipate rapidly. Operation Odors (Long-term) are typically associated with the type of use. Odors from residential uses would be like cooking and gardening. Similarly common odors associated with mixed-use and commercial land uses would be expected (i.e. restaurants). Local odors from the majority of land uses would be similar to other urban •areas and would not be considered significant. Industrial uses could create objectionable odors and therefore are located away from residential uses and sensitive receptors. Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (V) 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? • • Rev. 9/13/2010 D & E- 90 • Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 10 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact d) Interfere substantially with the movement of any native ( ) ( ) ( ) (�) resident or migratory fish or wildlife species or with established native • resident or migratory wildlife • corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) (') • protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (v') Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with residential, commercial and office uses. The site has been previously disrupted during (construction of infrastructure and surrounding developments/annual discing for weed abatement). According to the General Plan Figure RC-4, and Section 4.4 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is • surrounded by urbanized land uses and is consistent with the General Plan Land Use • Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. d) The City is primarily located in an urban area that does not contain large, contiguous natural open space areas. Wildlife may potentially move through the north/south trending tributaries in the northern portion of the City and within the Sphere-of-Influence. The City is required to acquire and/or protect open space areas that provide strategic wildlife corridors to vital habitat areas. Therefore no adverse impacts are anticipated. e) There are no heritage trees on the project site; therefore, the proposed project is not in conflict with any local ordinance. f) Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State habitat conservation plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC-1. No conflicts with habitat conservation plans will occur. • Rev. 9/13/2010 D & E- 91 • • • Initial Study for City of Rancho Cucamonga • SUBTT18782 AND DRC2010-00361 • Page 11 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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). There will be no impact. • • b) There are no known•archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction could adversely affect or eliminate existing and potential archaeological resources. The following mitigation measures shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the 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 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. Rev. 9/13/2010 • D & E- 92 • Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 12 • Less Than Significant Less Polemany With Than Issues and Supporting Information Sources: Significant coipor to Significant Impact Incorporated Impact Impact c) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the.Natural History Museum of • Los Angeles County and 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 the Public Safety Element of the General Plan; 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. • 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 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. • Rev. 9/13/2010 D & E- 93 Initial Study for City of Rancho Cucamonga • SUBTT18782 AND DRC2010-00361 Page 13 Less Than Significant Less Potentially with Than Issues and Supporting Information Sources: Significant rpor o Significant Impact Incorporated Impact Impact 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (✓) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known 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? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (✓) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? • Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The Red Hill Fault, passes within 1.5 miles north of the site, and the Cucamonga Fault Zone lies approximately 4 miles north. These faults are both capable of producing Mw, 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to Mw,7.5 earthquakes is 8.5 miles northeasterly of the site and the San Andreas, capable of up to My,8.2 earthquakes, is 9.5 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code and Standard Conditions,will ensure that geologic impacts are less-than- significant. b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit • 4.7-4 of the General Plan FPEIR. 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 Rev. 9/13/2010 D & E- 94 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 14 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant i corporate Significant Impact Incorporated Impact Impact 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 SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM'', emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM1g emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB)shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM1g emissions. c) The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside • areas at the northern end of the City and in the SOI for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The City Hillside Development Regulations prohibits the development within slopes of 30 percent or greater and limit the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The site is not within an Earthquake hazard zone or other unstable geologic unit or soil type according to General Plan FPEIR Exhibit 4.7-2. Soil types on-site consist of Tujunga Loamy Sand Soil association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga Loamy Sand Soil association according to General Plan FPEIR Exhibit 4.7-3. These soils are typically on 0 to 5 percent slopes on broad alluvial fans, where the soil is rapidly permeable. 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 ( ) ( ) ( ) (1) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (/) • environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Rev. 9/13/2010 • D & E- 95 Initial Study for City of Rancho Cucamonga • SUBTT18782 AND DRC2010-00361 Page 15 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant corporate Significant Impact Incorporated Impact Impact c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (1) 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) Development within the City may utilize or generate hazardous materials or wastes. This is usually associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents:fertilizers, and motor oil. Additionally, through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials would be stored and used at individual sites. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and • handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are anticipated. c) There are schools located within 1/4 mile of the project site. The project site is located within .13 miles of the nearest existing or proposed school. The project will be required to Rev. 9/13/2010 D & E- 96 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 16 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant corporae Significant Impact Incorporated Impact Impact comply with existing State and Federal standards on the use and transport of hazardous materials. Typically, the uses.proposed do not create objectionable odors. No adverse impacts are anticipated. No impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an airport land use plan according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 and (is/is not) within 2 miles of a public airport. The project site is located approximately 3 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 21/2 miles to the west of the City's westerly limits. No impact is anticipated. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. New development will.be located on a site that • has access to existing roadways. The City's Emergency Operation Plan, which is updated every three years, includes policies and procedures to be administered by the City of • Rancho Cucamonga 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 a wind-driven fire in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS-1. 8. HYDROLOGY AND WATER QUALITY. Would the project: ( ) ( ) (✓) ( ) a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (✓) • substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off-site? • Rev. 9/13/2010 D & E- 97 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 17 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant corporate Significant Impact Incorporated Impact Impact d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (✓) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) ( ) ( ) (✓) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) • ( ) ( ) (✓) that would impede or redirect flood flows? 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 existing water and sewer systems. . The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include • removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) that would prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • • Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. • • • Perform inspections of all BMPs. Rev. 9/13/2010 D & E- 98 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 18 • • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 (SWPPP). To comply with the NPDES, the project's . construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by Madole & Associates, Inc. on September 15, 2010, which identifies Best Management Practices (BMPs) to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on- site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices, such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm 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 the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities • entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed 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. • • Post- Construction Operational: • 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole & Associates, Inc. on Rev. 9/13/2010 D & E- 99 Initial Study for City of Rancho Cucamonga • SUBTT18782 AND DRC2010-00361 Page 19 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant pa Impact Incorporated Impact Impact September 15, 2010 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, approximately 35 percent of the City's water is currently provided from water supplies coming from the underlying Chino and Cucamonga Groundwater Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Figure RC-3. 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 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR(Section 4.9), continued development citywide will increase water needs but will not be a significant • impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on-or off-site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, • increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. Rev. 9/13/2010 D & E-100 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 • Page 20 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Impact Incorporated Impact Impact • f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is for new development or significant redevelopment; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. The following mitigation measures shall be implemented: 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a 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, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that • this has been obtained (i.e., a copy of the Waste Dischargers Identification • Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. i) 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 Figure PS-6. The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-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. Rev. 9/13/2010 D & E-101 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 21 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) ( ) (7) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (7) 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 ( ) ( ) ( ) (7) or natural community conservation plan? Comments: • a) The site is located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive, and is characterized by multi-family residences to the north, commercial centers to the south and east and offices to the west. This project will be of similar design and size to the multi-family development to the north. The project will become a part of the larger community. No adverse impacts are anticipated. • b) The project site land use designation is High (H) Residential. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection, San Bernardino County Associated Government's (SCAG's) Compass Blueprint, or SCAG's Regional Comprehensive Plan. 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 Figure RC-4, and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (7) 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 ( ) ( ) ( ) (7) 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 RC-2 and Table RC-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a valuable mineral resource recovery site; therefore, there is no impact. • . Rev. 9/13/2010 D & E-102 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 22 • • • Less Than • • Significant Less Potentially With Than Issues and Su pp ortin g Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) ( ) ( ) (✓ ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (✓) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise ( ) ( ) ( ) (✓) levels in the project vicinity above levels existing without the 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 not within an area of noise levels exceeding City standards according to General Plan Figure PS-9 at build-out. No adverse impacts expected b) The uses associated with this type of project normally do not induce ground borne vibrations. As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed activities will not significantly increase traffic; hence are not anticipated to increase the ambient noise levels within the vicinity of the project. • d) The General Plan FPEIR (Section 4.12) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 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. Rev. 9/13/2010 D & E-103 Initial Study for City of Rancho Cucamonga • SUBTT18782 AND DRC2010-00361 Page 23 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant corporiae Significant Impact Incorporated Impact Impact 3) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant.shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 4) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 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 3 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either ( ) ( ) ( ) (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? • b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (✓) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (I) 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. No impacts are anticipated. • • Rev. 9/13/2010 D & E-104 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 24 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant corporate Significant Impact Incorporated Impact Impact b) The property is vacant; there will be no displacement of housing or people. Therefore no adverse impact is expected. c) The property is vacant; there will be no displacement of housing or people. Therefore no .adverse impact is expected. 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? ( ) ( ) ( ) (1) b) Police protection? ( ) ( ) ( ) (i) c) Schools? ( ) ( ) ( ) (• ) d) Parks? () () () (/) e) Other public facilities? ( ) ( ) ( ) (v') • Comments: a) The site, which is located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive, would be served by a fire station located approximately 1.25 miles from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project to lessen the future demand and impacts to fire services. 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 Central School District and the Chaffey Joint Union High School District serve the project area. Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the school impact fees. With this standard mitigation, impacts to the School Districts are not considered significant. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located less than .25 miles from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay Park Development Fees. • No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the Rev. 9/13/2010 D & E-105 • Initial Study for City of Rancho Cucamonga • SUBTT18782 AND DRC2010-00361 Page 25 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant corporate Significant No Impact Incorporated Impact Impact Impact 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 FPEIR (Section 4.14), there will be a projected increase in library space demand but with the implementation of standard conditions the increase in Library Services would be mitigated to less-than-significant impact. Additionally, the Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space that is planned for future Library use. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse impact is expected. • 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 less than .25 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. b) See a) response above. • 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in ( ) ( ) ( ) (7) 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 ( ) ( ) ( ) (7) 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 • d) location that result in substantial safety risks? Substantially increase hazards due to a design feature ( ) ( ) ( ) (7) (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Rev. 9/13/2010 • D & E-106 • Initial.Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 26 • Less Than • Significant Less Foz with Than Issues and Su pp ortin g Information Sources: Significant Incorporated Significant No • Impact Incorporated Impact Impact e) Result in inadequate emergency access? ( ) ( ) ( ) (1) f) Result in inadequate parking capacity? ( ) ( ) ( ) (1) g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (1) supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: • a) Implementation of the proposed project will generate 1,171 vehicle trips daily. The proposed project includes the development of rental condominiums. The Rancho Cucamonga Traffic Model estimates that each rental unit will generate 6.1 trips daily. As noted in the General Plan FPEIR (Section 4.16), 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 FPEIR 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. Additionally, the applicant submitted a traffic study (LSA, July 2010) to determine whether an all-way stop was warranted at the corner of Elm Avenue and Town Center Drive. The study concluded that the traffic level would not warrant an all-way stop at the subject intersection. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street • frontage of the site per City roadway standards. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. b) The Rancho Cucamonga Traffic Model estimates that each rental unit will generate .67 two-way peak hour trips daily. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation . Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of building permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. c) Located approximately 3 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an area that is mostly developed. The project will be required to provide street improvements•(curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefore, not create a substantial increase in hazards because of • a design feature. No impacts are anticipated. Rev. 9/13/2010 D & E-107 • Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 27 • Less Than Significant Less Issues and Supporting Information Sources: Potentially g Than pp g Significant Incorporated significant pa Impact IncoryorateE Impact Impact 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 design of the project 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 ( ) ( ) ( ) (1) 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 ( ) ( ) ( ) (V) water. drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (✓) • provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected . demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (✓). capacity to accommodate the projects 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-1 and RP-4 treatment plants. The RP-1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for build out of the General Plan. 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 Rev. 9/13/2010 D & E-108 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 28 • Less Than • Significant Less Potentially With Than Issues and Su pp ortin g Information Sources: Significant corporal Significant pa Impact Incorporated Impact Impact 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 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. No impacts are anticipated: f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. • g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) ( ) (u') 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? • • Rev. 9/13/2010 D & E-109 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 29 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant rpor o Significant No Imp act Incorporated Impact Impact • Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Figure RC-4. 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 2010 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 Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding • Considerations, no further discussion or evaluation of cumulative impacts is required. • c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation • measures contained in this Initial Study will ensure impacts are at less-than-significant levels. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR 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 FPEIR (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR • (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH#88020115, certified January 4, 1989) Rev. 9/13/2010 D & E-110 Initial Study for City of Rancho Cucamonga SUBTT18782 AND DRC2010-00361 Page 30 (T) Terra Vista Planned Community EIR • (SCH #81082808, certified February 16, 1983) (T) Air Quality Analysis— LSA Associates, Inc. (July 2010) (T) Focused Traffic Analysis—LSA Associate, Inc. (July 2010) • • • Rev. 9/13/2010 D & E-111 Initial Study for City of Rancho Cucamonga • SUBTT18782 AND DRC2010-00361 Page 31 • 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 Signatur- /1' �� Date: ij /e7/( 0 Print Name and Title: Jo-I-J'tJ MU t-rnib:4 1 • • • • • • Rev. 9/13/2010 D & E-112 • • City of Rancho Cucamonga p ' '' MITIGATION MONITORING s PROGRAM Project File No.: SUBTT18782 and DRC2010-00361 - This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. • 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. • 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the . project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department • 10500 Civic Center Drive Rancho Cucamonga, CA 91730 D & E-113 • • Mitigation Monitoring Program SUBTT18782 AND DRC2010-00361 — LEWIS APARTMENT COMMUNITIES Page 2 • • 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued.. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached • hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. • • • • • D & E-114 • ti .13 ; • w Ti.cE z, 0 0 ,•; C •c cn d o ¢Y�. V N N N N 0 Z r✓..; N N Y � + E E v c ti;' p C 0 t` - C N > 0 �` . r 4) '7 x'` L w p -A a Ny O y Q '0 N ; = 2 o 2 > ^ , a U a a F- J .. t1t C C C c C C w,, :n. m CO m (a co CO owl w Q c it'' 0- n a o- n a w O fl as vA Z- =.a E - aa)) a>> a>> a>> a) aa) 10. F= > m m cc m cc H cn • J c r r 0 `: o O L r _ 5as;rU 0 0 m 0 U ,cn Ny d c P;! 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To c u .cii C C c Cr' D o O 0 '-s' 0 c 0 o O.5 . �.u.:: z w d • c>. o 0 Jo a m O .c m o s E S "' .C., w I- °i o m 'ol c 0 ` oo m. s 2 ¢ m e o w CI c N 0 " O O N '31?..: U a■ w O m -• w 'F v rn c Z . • rn a v m .m o • c o 'o m ` O .,O o -o a > a m o d Q d D o o m c a IC N D D 0 w r a•• 0 . = ° o 2 c - d o O o c-) ac EO _ m 0 c• d c ' . . O m U L OC i o10 a 10 _ 5 0 O W o O. i U m a ji « 0. N• 0 0 , D & E-125 • 4. r a City of Rancho Cucamonga DECLARATION • MITIGATED NEGAT � M The following Mitigated Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Tentative Tract Map SUBTT18782 and Development Review DRC2010-00361 Public Review Period Closes: December 8, 2010 . Project Name: Project Applicant: Lewis Apartment Communities Project Location (also see attached map): Located on the south side of Church Street between Elm Avenue, Spruce Avenue and Town Center Drive -APN: 1077-422-21, 22 and 25. Project Description: A request to review plans for a multi-family housing development consisting of 192 units and a request to create a Tract Map for condominium purposes on 11.15 acres of land within the High Residential (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan. Related file: DRC2010-00721. 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. • December 8, 2010 • Date of Determination Adopted By • • D & E-126 • • RESOLUTION NO. 10-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECOMMENDING APPROVAL OF TENTATIVE TRACT SUBTT18782, A REQUEST TO CREATE A TRACT MAP FOR CONDOMINIUM PURPOSES FOR AN 11.15-ACRE SITE WITHIN THE HIGH RESIDENTIAL (H) (24-31 D/U PER ACRE) DEVELOPMENT DISTRICT OF THE TERRA VISTA COMMUNITY PLAN LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN ELM AVENUE, SPRUCE AVENUE, AND TOWN CENTER DRIVE AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1077-422-21, 22 AND 25. • A. Recitals. 1. Lewis Apartment Communities filed an application for the approval of Tentative Tract SUBTT18782, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract request is referred to as "the application." • 2. On the 8th day of December 2010, 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 December 8, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to an 11.15-acre vacant project site located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive; and b. The site is bounded by a multi-family development to the north, the Terra Vista Town Center commercial center to the south and east and offices to the west. The site slopes from north to south and is covered with non-native grasses, which are routinely disced for weed control. There are no unique features, nor any existing structures or trees on the site; and c. The application is to subdivide approximately 11.15 acres of land for condominium purposes; and d. The proposed subdivision is related to Development Review DRC2010-00361; and • e. The land use designation for the site is High Residential (H), which has a density range of 24 to 31 units per acre. The Terra Vista Community Plan permits the site to be developed at the D & E-127 PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES December 8, 2010 • Page 2 Medium High (MH) density range (14 to 24 units per acre) with the approval of the Design Review Committee, Planning Commission, and City Council. The proposed density is approximately 17.45 units per acre; and f. The reduction in density from High Residential (H) to Medium High Residential (MH) will not preclude the City from meeting its regional housing needs as outlined in the Regional Housing Needs Assessment (RHNA) and incorporated into the Housing Element of the General Plan. The City has been allocated a RHNA construction goal of 1,282 units for the planning period of 2006 through 2014. Since 2006, the City has achieved a significant portion of its RHNA goal and the Housing Element has identified sufficient remaining vacant land to fully meet the 1,282 unit goal, even when taking into account the reduction in density on the project site. • 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 project is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and any applicable specific plans; and • c. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports included for the 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, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (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 D & E-128 • .PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES December 8, 2010 • Page 3 Negative Declaration reflects the •independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the • Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho •Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends to the City Council approval of 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 a subdivision of 11.15 acres of land for condominium purposes for a site located on the south side of Church Street between Elm Avenue, • Spruce Avenue, and Town Center Drive - APN: 1077-422-21, 22 and 25. 2) The approval of SUBTT18782 is subject to approval by the City Council of the reduction in the project density from High (24 to 31 units per acre) to Medium High (14 to 24 units per acre), approval of Development Review DRC2010-00361 and Minor Exception DRC2010-00721. Engineering Department 1) Church Street improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk, street trees, and drive approach, as required. c) Proposed gated entrance is to be in accordance with the City's "Residential Project Gated Entrance Design Guide" standard. • d) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. D & E-129 PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES • December 8, 2010 • Page 4 • e) Protect existing Traffic Signal equipment at Church Street, or repair as required, f) Provide a Class 2-foot wide bike lane along Church Street frontage, as required. g) Verify existing access ramps at the southwest corner of Church Street and Spruce Avenue and at the southeast corner of Church Street and Elm Avenue for conformance to ADA requirements and to City Std. 102. Otherwise reconstruct access ramps to current City Std.100-B and 102 and have a surface applied truncated dome detectable warning surface as supplied by ADA Solutions, Inc. or approved equal. h) Provide for a future "Bus Stop" at the southeast corner of Church Street and Elm Avenue, 2) Spruce Avenue improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees, as required. • c) Provide dual access ramps at the northwest corner of Spruce Avenue and Town Center Drive per City Std. 102. d) Provide 9500 Lumens HPSV street light as required. e) Protect existing traffic striping and signage, including R26(s) . "No Stopping Anytime" signs. f) Protect existing traffic signal equipment at Spruce Avenue and Church Street and at Town Center Drive, or repair as required. 3) Elm Avenue improvements to be in accordance with City "Collector Street" standards as required and including: • a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees, as required. c) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. d) Protect existing traffic signal equipment at Elm Avenue and Church Street, or repair as required. • • • D & E-130 • ,PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES •December 8, 2010 Page 5 4) Town Center Drive improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees, as required. c) Provide dual access ramps at the northeast corner of Town Center Drive and Elm Avenue per City Std. 102. • d) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. 5) Intersections of Elm Avenue and Church Street and Elm Avenue and Town Center Drive must comply with the Terra Vista Community Plan Street Intersections with Greenway and Trails, Figure IV-41. 6) The Emergency accesses on Town Center Drive shall have a limited access curb per City Standard 105-C. The construction material to be installed within the parkway shall be determined during plan check. • 7) Modify Dwg.1342-D Sheet 5 of 11 to show new private storm drain connection. 8) Sufficient off-street parking shall be provided in accordance with City Code Section 17.12.020 D. • • 9) Provide pedestrian crossing at Elm Avenue and Church Street and • Elm Avenue and Town Center Drive in accordance with the Terra Vista Specific Plan Figure IV-32 and Figure IV-42. Building and Safety Department • 1) Prior to the issuance of a grading permit, the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 2) Prior to issuance of a grading permit, the applicant shall obtain a Waste Discharge Identification Number (WDID). 3) A grading bond will be required to be submitted to the Building and Safety Official for review and approval prior to issuance of a grading permit. Environmental Mitigation • Air Quality D & E-131 PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES December 8, 2010 • Page 6 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to City denoting the proposed schedule and projected • equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. • Additionally,.contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Revegetate disturbed areas as quickly as possible. • Pave or apply gravel to any on-site haul roads. • Pave, water, or chemically stabilize all on-site roads as soon as feasible. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of • hauling. Timing may vary depending upon the time of year of construction. D & E-132 •PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES "'December 8, 2010 Page 7 • Sweep all streets once per day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). • Install wheel washer where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site. • . 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. • Cover all trucks hauling dirt, sand, sand, soil or other loose materials, or maintain at least 0.6 m (2 feet) of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the • requirements of California Vehicle Code (CVC) section 23114. • Pave construction access roads at least 30 m (100 feet) onto the site • from the main road. • Reduce traffic speeds on al unpaved roads to 15 mph or less. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) at least twice daily to reduce Particulate Matter (PM10)emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be • applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 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 all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period will be extended; thereby decreasing the size of the area • prepared each day to minimize vehicles and equipment operating at the same time. 11) All trucks shall not idle continuously for more than 5 minutes at any one time. D & E-133 • PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT16782— LEWIS PARTMENT COMMUNITIES • December 8, 2010 Page 8 12) The construction contractor should time the construction activities so as to not interfere with peak-hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. • 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 16) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 17) Provide a landscape and development plan for the project that takes advantage of shade, prevailing winds and drought tolerant landscaping. 18) Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. • 19) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 20) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 21) Install efficient lighting and lighting control systems. 22) Install light colored cool pavements. 23) Install solar or light-emitting diodes (LEDs) for outdoor lighting. 24) Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include the following, plus other innovative measures that might be appropriate: • Create water-efficient landscapes with the development; and • Install water-efficient irrigation systems and devises, such as soil moisture-based irrigation controls; and • Use reclaimed water for landscape irrigation within the project. Install • the infrastructure to deliver and use reclaimed water; and D & E-134 . PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES ',December 8, 2010 Page 9 • • • Restrict watering methods (e.g. prohibit systems that apply water to non-vegetated surfaces) and control runoff. 25) Reuse and recycle construction waste (including, but not limited,to, soil, vegetation, concrete, lumber, metal, and cardboard). 26) Provide interior and exterior storage areas for recyclables and green waste adequate recycling containers located in public areas. 27) Provide employee education about reducing waste and available recycling systems. 28) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. 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 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. D & E-135 PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES • December 8, 2010 Page 10 • 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 the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM1p emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil . off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM1a emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and Water Quality • 1) Prior to issuance of grading permits, the permit applicant shall submit to D.'"& E-136 .PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES •December 8, 2010 Page 11 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 Madole & Associates, Inc. on September 15, 2010, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a • Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's D & E-137 • PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES December 8, 2010 • • Page 12 Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the • noise from this equipment would be mitigated during construction. 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. 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. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: • James R. Troyer, AICP, Secretary D & E-138 •PLANNING COMMISSION RESOLUTION NO. 10-60 SUBTT18782 — LEWIS PARTMENT COMMUNITIES December 8, 2010 Page 13 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 8th day of December 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • • • D & E-139 dna COMMUNITY DEVELOPMENT DEPARTMENT STANDARD - CONDITIONS PROJECT #: SUBTT18782 SUBJECT: TENTATIVE TRACT MAP APPLICANT: LEWIS APARTMENT COMMUNITIES LOCATION: APN: 1077-422-21, 22 AND 25. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • Completion Date General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract No.18782 is granted subject to the approval of DRC2010-00361 and DRC2010-00721 - 3. Copies of the signed Planning Commission Resolution of Approval No. 10-60, 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-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc • D & E-140 Project No. SUBTT18782 Completion bate 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) Notice of Determination - $50 c) Mitigated Negative Declaration - $ 2,060.25 X - d) Environmental Impact Report - $2,842.25 • 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 Engineering Services Department within 3 years from the date of the approval. 2. Development/Design Review approval shall expire if building permits are not issued or approved / /_ use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development • 1. The site shall be developed and maintained in accordance with the approved plans which include / /_ site plans, architectural elevations, exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, Development Code regulations, and the Terra Vista CommunityPlan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ • of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. -The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/ /_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved / /_ • by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. • • 2 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc • D & E-141 • Project No. SUBTT18782 • Completion Date ' 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-family residential developments, transformers shall be placed in underground vaults. 10. 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. 11. All building numbers and individual units shall be identified in a clear and concise manner, /_/_ including proper illumination. 12. 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 Services Department 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. 13. 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 Engineering Services Department review and approved prior to the issuance of building permits. 14. The developer shall submit a construction access plan and schedule for the development of all _/_/_ • lots for Planning Director and Engineering Services Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 15. 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. . 16. For multiple family development, a minimum of 125 cubic feet of exterior lockable storage space /_/_ shall be provided. 17. For residential development, recreation area/facility shall be provided as required by the / /_ Development Code. D. Building Design 1. Standard patio cover plans for use by the Homeowner's Association shall be submitted for /_/_ Planning Director and Building Official review and approval prior to issuance of building permits. 2. For all residential development, provide conduit from each unit/lot and a pull box to connect to the _/_/_ street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits. • 3 l:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc D & E-142 — Project No.SUBTT18782 Completion Oate E. 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. 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. 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. F. 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 50 trees per gross acre, comprised of the following sizes, shall be provided within _/_/_ • the project: 10% - 48-inch box or larger 10% - 36-inch box or larger, 10% - 24- inch box or larger, 70% - 15-gallon. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking / /_ stalls. 4. 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. 5. 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. 6. 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. • 4 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc • D & E-143 • • Project No. SUBTT18782 Completion Date ' 7. The final design of the perimeter parkways,walls, landscaping,and sidewalks shall be included in /_/_ • the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the 'Engineering Services Department. 8. 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. 9. All walls shall be provided with decorative treatment. If located in public maintenance areas,the /_/_ design shall be coordinated with the Engineering Services Department. • G. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. /_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. • APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements • 1. Submit five complete sets of plans including the following: / /_ • a. Site/Plot Plan; • b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number(i.e., SUBTT18782)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 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc D & E-144 Project No. SUBTT18782 Completion Date I. 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., SUBTT18782). 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. Street addresses shall be provided by the Building and Safety Official after tract/parcel map _/_/_ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday /_/_ through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/_/_ counter). 6. Submit pool plans to the County of San Bernardino's Environmental Health Services Department _/_/_ for approval. J. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ • considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _/_/_ • 3. 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. Provide draft stops in attics in line with common'walls. —/—/- 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A /_/_ 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. _/ /_ 8. Fire resistive construction of the'multi-family dwellings shall be in accordance with the CBC. / /_ 9. Walls and floors separating dwelling units in the same building shall be not less than 1-hour • /_/_ fire-resistive construction. K. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading _/_/_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. • • 6 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc D & E-145 Project No.SUBTT18782 Completion Date • 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. L. Additional Requirements/Comments 1. Project shall fully comply with accessibility requirements of the CBC Chapter. / /_ APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. _/ / 2. 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. 3. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the /_/_ • final map. 4. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the _/_/_ City. N. . Street Improvements 1. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source / /_ of energy, fuel or power to any building or structure 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, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 7 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc D & E-146 • Project No. SUBTT18782 Completion bate 2. Construct the following perimeter street improvements including, but not limited to: / /_ Curb 8 A.C. Side- Drive Street Street Comm Median Bike • Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Church Street X X X Spruce Avenue X X Elm Avenue X X Town Center Drive X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114: (d) If so marked, an in-lieu of construction fee shall be' provided for this item. 3. • Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights _/_/_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. • b. Prior to any work being performed in public right-of-way, fees shall be paid and a / /_ construction permit shall be obtained from the Engineering Services Department 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. • • 8 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc D & E-147 • Project No. SUBTT18782 Completion Date • 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 Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow • Street Name Botanical Name Common Name Space Spacing Size Qty. Church Street Magnolia NCN 6' 30' • 15 grandiflora O.C. gal. 'samuel Sommer' Elm Avenue Melaleuca Flaxleaf Paperbark 5' 30' 15 Iinanifolia O.C. gal. Town Center Geijera parviflora Australian Willow 5' 25' 15 Drive O.C. gal. Spruce Avenue Pinus canariensis Canary Island Pine 7' 35' 15 O.C. gal. • 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 Services 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. 0. 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 Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the • developer. P. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map _/ /_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. • 9 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc D & E-148 Project No. SUBTT18782 • • Completion Gate • Q. Utilities • — • • 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, _/_/ electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / /_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD 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. R. General Requirements and Approvals 1. .A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all /_/_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall _/_/_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills,and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department • within 60 days following the completion of the construction and/or demolition project. • APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770; FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • SEE ATTACHED • • 10 • • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\SUBTT18782StdConds 12-8.doc D & E-149 oWs/6y. Rancho Cucamonga Fire Protection District 411. . , FIRE Fire Construction Services ,- STANDARD CONDITIONS September 30, 2010 Lewes Apartment Communities Santa Barbara Project DRC2010-00361 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 site www.rcfire.orq under the Fire Safety Division & Fire Construction Services section. FSC-1 Public and Private Water Supply Design guidelines for The Fire Protection water supply must be in accordance with RCFPD Standard 5- 10. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2500 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, 13R and/or 13D. This requirement is based on a 33K, R-2, 3-sory building with AFS in accordance with the 2007 California Fire Code, as amended by the Fire District Ordinance. 2. Fire Protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits for the construction of the buildings will not be issued until • the public fire protection water plans are approved by the water and fire districts. 3. 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 (in accordance with RCFPD Standard #5-10) must be obtained prior to submitting the overhead fire sprinkler system plans. Include a copy of the approved underground plans as reference with the overhead submittal FSC-4 Requirements for Automatic Fire Sprinkler Systems I. Rancho Cucamonga Fire District Ordinance FD46, the 2007 California Fire Code section 903.2.7 FSC-5 Fire Alarm System • 1. RCFPD Ordinance FD46, the 2007 California Building Code, and/or the California Fire Code section 907.2.8. D & E-150 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard 9-3. FSC-6 Fire District Site Access • Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access — Fire Lanes Standard #5-1 and the 2007 California Fire Code for specific requirements. 1. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. 2. Knox Rapid Entry System: are required in accordance to the RCFPD Residential Vehicular Gate Standard # 5-3 and the RCFPD Knox Box Installation Standard 5-9. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access • road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #5-3. 6. Fire Lane Identification: Red curbing, pavement marking 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 review and approval. 7. Mitigated 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 in accordance to RCFPD Standard #5-6. • FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction, Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings • 2 D & E-151 • 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 2007 • California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. 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. 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 and Fire Protection Water Supply: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. Please refer to the RCFPD Standards# 14-1 & 14-2 for the requirements specific to fire protection water supply and fire department access during construction. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. • 3 D & E-152 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 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access • roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial and multi-family buildings shall post the building addresses, address monuments, site directories, suite directional signage and suite designations in accordance to RCFPD Multi-Family Residential Addressing Standard. 10. Hazardous Materials which require use permits from the fire district must be in accordance to the conditions of the permit. 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, a 8 ''A" x 11" or 11" x 17" site plan of the site in accordance with RCFPD'Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • • 4 D & E-153 • RESOLUTION NO. 10-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW DRC2010-00361, A REVIEW PLANS FOR A MULTI-FAMILY HOUSING DEVELOPMENT CONSISTING OF 192 UNITS ON 11.15 ACRES OF LAND WITHIN THE HIGH (H) RESIDENTIAL DEVELOPMENT DISTRICT (24-31 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN ELM AVENUE, SPRUCE AVENUE, AND TOWN CENTER DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 1077-422-21, 22, AND 25. A. Recitals. 1. Lewis Apartment Communities filed an application for the approval of Development Review DRC2010-00361, 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 8th day of December 2010, 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 December 8, 2010, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to a 11.15-acre vacant project site which is located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive; and b. The site is bounded by a multi-family development to the north, the Terra Vista Town Center commercial center to the south and east and offices to the west. The site slopes from north to south and is covered with non-native grasses, which are routinely disced for weed control. There are no unique features, nor any existing structures or trees on the site; and c. The development is made up of 192 units in 22 buildings. This includes 16 one-bedroom units (889 square feet), 83 two-bedroom units (1,428 square feet), 26 three-bedroom units (1,678 square feet), 16 three-bedroom units with dens (1,946 square feet) and 51 four-bedroom units •(1,946 square feet); and D & E-154 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES December 8, 2010 • Page 2 d. The proposed development also includes an associated subdivision, Tentative Tract Map SUBTT18782; and • e. The land use designation for the site is High Residential (H), which has a density range of 24 to 31 units per acre. The Terra Vista Community Plan permits the site to be developed at the Medium High (MN) density range (14 to 24 units per acre) with the approval of the Design Review Committee, Planning Commission, and City Council. The proposed density is approximately 17.45 units per acre; and f. The reduction in density from High Residential (H) to Medium High Residential (MH) will not preclude the City from meeting its regional housing needs as outlined in the Regional Housing Needs Assessment (RHNA) and incorporated into the Housing Element of the General Plan. The City has been allocated a RHNA construction goal of 1,282 units for the planning period of 2006 through 2014. Since 2006, the City has achieved a significant portion of its RHNA goal and the Housing Element has identified sufficient remaining vacant land to fully meet the 1,282 unit goal, even when taking into account the reduction in density on the project site; and g. The project meets all related standards of the Terra Vista Community Plan and the Development Code, except for the necessity of up to 8 foot high perimeter walls (where retaining walls are necessary). The applicant has filed a Minor Exception (DRC2010-00721) for an additional 2 feet of wall height above the maximum 6 feet permitted by the Development Code (to be approved separately by the Planning Director); and • h. The project provides a total 427 parking spaces, 5 above the 422 parking spaces required by the Development Code; and i. The project exceeds the number of recreational amenities required by the Development Code and includes amenities that meet the interests of residents of all ages. 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 project is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written • and oral reports included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California D & E-155 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES Illecember 8, 2010 age 3 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, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (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 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends to the City Council approval of 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 design and layout of a 192-unit rental condominium project on 11.15 acres of land for a project located on the south side of Church Street between Elm Avenue, Spruce Avenue, and Town Center Drive - APN: 1077-422-21, 22 and 25. 2) The approval of DRC2010-00361 is subject to approval by the City Council of • the reduction in the project density from High Residential (24 to 31 units per acre) to Medium High Residential (14 to 24 units per acre), approval of Tentative Tract Map SUBTT18782, and Minor Exception DRC2010-00721. D & E-156 • PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES December 8, 2010 • Page 4 3) Plans submitted for plan check shall be consistent with plans approved by the Design Review Committee on November 2, 2010. 4) All perimeter walls and metal fences exposed to public view shall be decorative and include a decorative pilaster at each change in direction of either the wall or metal fence. 5) All retaining walls exposed to the public right-of-way shall be landscaped and irrigated. • . Engineering Department 1) Church Street improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter or repair as required. b) Provide sidewalk, street trees, and drive approach as required. c) Proposed gated entrance is to be in accordance with the City's • "Residential Project Gated Entrance Design Guide" standard. • d) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. e) Protect existing Traffic Signal equipment at Church Street, or repair as required. f) Provide a Class 2-foot wide bike lane along Church Street frontage as required. g) Verify existing access ramps at the southwest corner of Church Street and Spruce Avenue and at the southeast corner of Church Street and Elm Avenue for conformance to ADA requirements and to City Std. 102. Otherwise, reconstruct access ramps to current City Std.100-B and 102 and have a surface applied truncated dome detectable warning surface as supplied by ADA Solutions, Inc. or approved equal. • h) Provide for a future "Bus Stop" at the southeast corner of Church Street and Elm Avenue. 2) Spruce Avenue improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees, as required. • c) Provide dual access ramps at the northwest corner of Spruce Avenue D & E-157 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES lar ecember 8, 2010 • age 5 and Town Center Drive per City Std. 102. d) Provide 9500 Lumens HPSV street light as required. e) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. f) Protect existing traffic signal equipment at Spruce Avenue and Church Street and at Town Center Drive, or repair as required. 3) Elm Avenue improvements to be in accordance with City "Collector Street" standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees as required. c) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. d) Protect existing traffic signal equipment at Elm Avenue and Church • Street, or repair as required. 4) Town Center Drive improvements to be in accordance with City "Secondary Arterial" standards as required and including: a) Protect existing curb and gutter, or repair as required. b) Provide sidewalk and street trees as required. c) Provide dual access ramps at the northeast corner of Town Center Drive and Elm Avenue per City Std. 102. d) Protect existing traffic striping and signage, including R26(s) "No Stopping Anytime" signs. 5) Intersections of Elm Avenue and Church Street and Elm Avenue and Town Center Drive must comply with the Terra Vista Community Plan Street Intersections with Greenway and Trails, Figure IV-41. 6) The Emergency accesses on Town Center Drive shall have a limited access curb per City Standard 105-C. The construction material to be installed within the parkway shall be determined during plan check. 7) Modify Dwg.1342-D Sheet 5 of 11 to show new private storm drain connection. • 8) Sufficient off-street parking shall be provided in accordance with City Code Section 17.12.020 D. D & E-158 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES December 8, 2010 • Page 6 • 9) Provide pedestrian crossing at Elm Avenue and Church Street and • Elm Avenue and Town Center Drive in accordance with the Terra Vista Specific Plan Figure IV-32 and Figure IV-42. Building and Safety Department 1) Prior to the issuance of a grading permit, the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. 2) Prior to issuance of a grading permit, the applicant shall obtain a Waste Discharge Identification Number (WDID). 3) A grading bond will be required to be submitted to the Building and Safety Official for review and approval prior to issuance of a grading permit. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition • • so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to City denoting the proposed schedule and projected • equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. ' 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and • watering. • D & E-159 • • PLANNING COMMISSION RESOLUTION NO. 10-59 ORC2010-00361 — LEWIS APARTMENT COMMUNITIES •ecember 8, 2010 age 7 • Revegetate disturbed areas as quickly as possible. • Pave or apply gravel to any on-site haul roads. • • Pave, water, or chemically stabilize all on-site roads as soon as feasible. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is • carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Sweep all streets once per day if visible soil materials are carried to • adjacent streets (recommend water sweepers with reclaimed water). • Install wheel washer where vehicles enter and exit unpaved roads onto paved roads, or wash trucks and any equipment leaving the site. • • 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. • Cover all trucks hauling dirt, sand, sand, soil or other loose materials, or maintain at least 0.6 m (2 feet) of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) section 23114. • Pave construction access roads at least 30 m (100 feet) onto the site from the main road. • • Reduce traffic speeds on al unpaved roads to 15 mph or less. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) at least • twice daily to reduce Particulate Matter (PM10)emissions, in accordance with SCAQMD Rule 403. D & E-160 PLANNING COMMISSION RESOLUTION NO. 10-59 .DRC2010-00361 — LEWIS APARTMENT COMMUNITIES December 8, 2010 • Page 8 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 PM10 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 all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. During • smog season (May through October), the overall length of the construction period will be extended; thereby decreasing the size of the area prepared each day to minimize vehicles and equipment operating at the same time. 11) All trucks shall not idle continuously for more than 5 minutes at any one time. 12) The construction contractor should time the construction activities so as to • not interfere with peak-hour traffic and minimize obstruction of through traffic • lanes adjacent to the site; if necessary, a flag person shall be retained to maintain safety adjacent to existing roadways. 13) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 14) Provide preferential parking to high occupancy vehicles and shuttle services. 15) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 16) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 17) Provide a landscape and development plan for the project that takes advantage of shade, prevailing winds and drought tolerant landscaping. 18) Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 19) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 20) All residential and commercial structures shall be required to incorporate • thermal pane windows and weather-stripping. D & E-161 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES �ecember 8, 2010 age 9 21) Install efficient lighting and lighting control systems. 22) Install light colored cool pavements. 23) Install solar or light-emitting diodes (LEDs) for outdoor lighting. 24) Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include the following, plus other innovative measures that might be appropriate: • Create water-efficient landscapes with the development; and • Install water-efficient irrigation systems and devises, such as soil moisture-based irrigation controls; and • Use reclaimed water for landscape irrigation within the project. Install the infrastructure to deliver and use reclaimed water; and • Restrict watering methods (e.g. prohibit systems that apply water to non-vegetated surfaces) and control runoff. • 25) Reuse and recycle construction waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). 26) Provide interior and exterior storage areas for recyclables and green waste adequate recycling containers located in public areas. 27) Provide employee education about reducing waste and available recycling systems. 28) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. 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. D & E-162 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES December 8, 2010 • Page'10 • 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 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 the summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy to the report to the San Bernardino County Museum. • • D & E-163 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES ecember 8, 2010 age 11 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. • • 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil • off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce.PM10 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 Madole & Associates, Inc. on • September 15, 2010, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. D & E-164 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES December 8, 2010 • Page 12 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment • adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. • Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 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. D & E-165 PLANNING COMMISSION RESOLUTION NO. 10-59 DRC2010-00361 — LEWIS APARTMENT COMMUNITIES ecember 8, 2010 age 13 Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a:m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 8TH DAY OF DECEMBER 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., 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 8th day of December 2010, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • • D & E-166 COMMUNITY DEVELOPMENT ADEPARTMENT . STANDARD CONDITIONS PROJECT #: DRC2010-00361 SUBJECT: DEVELOPMENT REVIEW APPLICANT: LEWIS APARTMENT COMMUNITIES LOCATION: APN: 1077-422-21, 22 AND 25. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completion Date General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval,or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract No.18782 is granted subject to the approval of DRC2010-00361 and DRC2010-00721 3. Copies of the signed Planning Commission Resolution of Approval No. 10-59, 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-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361 StdConds 12-8.doc D & E-167 Project No. DRC2010-00361 • Completion Cate 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) Notice of Determination - $50 c) Mitigated Negative Declaration - $ 2,060.25 X d) Environmental Impact Report- $2,842.25 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 Engineering Services Department within 3 years from the date of the approval. 2. Development/Design Review approval shall expire if building permits are not issued or approved _/_/_ use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include /_/_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program,and grading on file in the Planning Department,the conditions contained herein, Development Code • regulations, and the Terra Vista CommunityPlan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions _/_/_ • of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be _/_/_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all _/_/_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved /_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so • as not to adversely affect adjacent properties. • 2 S• I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361StdConds 12-8.doc D & E-168 Project No. DRC2010-00361 .a Completion Date • 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-family residential developments, transformers shall be placed in underground vaults. 10. 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. 11. All building numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper illumination. 12. 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 Services Department 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. • 13. 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 Engineering Services Department review and approved prior to the issuance of building permits. 14. The developer shall submit a construction access plan and schedule for the development of all _/_/_ . lots for Planning Director and Engineering Services Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 15. 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 projects perimeter. 16. For multiple family development, a minimum of 125 cubic feet of exterior lockable storage space /_/_ shall be provided. 17. For residential development, recreation area/facility shall be provided as required by the /_/_ Development Code. D. Building Design 1. Standard patio cover plans for use by the Homeowner's Association shall be submitted for _/_/_ Planning Director and Building Official review and approval prior to issuance of building permits. 2. For all residential development, provide conduit from each unit/lot and a pull box to connect to the _/_/_ street. Provide interior structured wiring for each house/building with minimum Category 5 copper wire, Radio Grade 6 coaxial cable, and a central distribution panel, prior to release of occupancy (fiber-to-the building, FTTB). Plans shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits. • 3 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361StdConds 12-8.doc D & E-169 Project No. DRC2010-00361 . Completion Cate E. 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. 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. 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. F. 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 50 trees per gross acre, comprised of the following sizes, shall be provided within _/_/_ • the project: 10% - 48-inch box or larger 10% - 36-inch box or larger, 10% - 24- inch box or larger, 70% - 15-gallon. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking / /_ stalls. 4. 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. 5. 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. 6. 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. • 4 0 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt1DRC2010-00361StdConds 12-8.doc D & E-170 Project No. DRC2010-00361 -6 Completion Date 7. The final design of the perimeter parkways,walls, landscaping, and sidewalks shall be included in _/_/_ • the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 8. 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. 9. All walls shall be provided with decorative treatment. If located in public maintenance areas,the _/_/_ design shall be coordinated with the Engineering Services Department. • • G. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _/_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) H. General Requirements 1. Submit five complete sets of plans including the following: —/ / a. Site/Plot Plan; • b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2010-00361) 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 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361StdConds 12-8.doc D & E-171 Project No. DRC2010-00361 Completion Dnte I. 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., DRC2010-00361). 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. Street addresses shall be provided by the Building and Safety Official after tract/parcel map ... /.........../........... recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6130 a.m. Monday /—/- through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public / /- counter). • 6. Submit pool plans to the County of San Bernardino's Environmental Health Services Department / /- for approval. J. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances —/_/— • considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _ — • 3. 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. Provide draft stops in attics in line with common walls. / /— • 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A /_/- 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. / / 8. Fire resistive construction of the multi-family dwellings shall be in accordance with the CBC. / / 9. Walls and floors separating dwelling units in the same building shall be not less than 1-hour /—/_ fire-resistive construction. K. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading / / Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 6 • l:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361StdConds 12-8.doc D & E-172 Project No. DRC2010-00361 4 Completion Date 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. L. Additional Requirements/Comments 1. Project shall fully comply with accessibility requirements of the CBC Chapter. / /_ APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT, (909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. _/ / 2. 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. 3. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the _/_/_ final map. 4. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the _/_/_ City. N. Street Improvements • 1. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source _/_/_ of energy, fuel or power to any building or structure 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, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. • • 7 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361StdConds 12-8.doc D & E-173 Project No. DRC2010-00361 Completion Cete 2. Construct the following perimeter street improvements including, but not limited to: _/_/_ Curb& A.C. Side- Drive Street Street Comm Median Bike • Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Church Street X X X Spruce Avenue X X Elm Avenue X X Town Center Drive X X • Notes: .(a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights,and intersection safety lights /_/_ ' on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a / /_ construction permit shall be obtained from the Engineering Services Department 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. • 8 • • l:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361StdConds 12-8.doc • D & E-174 Project No. DRC2010-00361 Completion Date • 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 Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Church Street Magnolia NCN 6' 30' 15 grandiflora O.C. gal. 'samuel Sommer' Elm Avenue Melaleuca Flaxleaf Paperbark 5' 30' 15 linanifolia O.C. gal. Town Center Geijera parviflora Australian Willow 5' 25' 15 Drive O.C. gal. Spruce Avenue Pinus canariensis Canary Island Pine 7' 35' 15 O.C. gal. • • 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 Services 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. 0. 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 Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. P. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map / /_ approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. • 9 I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361StdConds 12-8.doc D & E-175 Project No. DRC2010-00361 Completion pate Q. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, _/_/_ • electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. _/ /_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/_/_ Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD 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. R. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all / /_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 2. Prior to the issuance of building permits, a Diversion Deposit and related administrative fees shall /_/_ be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. • • APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 10 • I:\PLANNING\FINAL\PLNGCOMM\2010 Res & Stf Rpt\DRC2010-00361StdConds 12-8.doc D & E-176 -0 ®- Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS September 30, 2010 . Lewes Apartment Communities Santa Barbara Project DRC2010-00361 • 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 site www.rcfire.orq under the Fire Safety Division & Fire Construction Services section. FSC-1 Public and Private Water Supply • Design guidelines for The Fire Protection water supply must be in accordance with RCFPD Standard 5- 10. . FSC-2 Fire Flow • 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2500 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, 13R and/or 13D. This requirement is based on a 33K, R-2, 3-sory building with AFS in accordance with the 2007 California Fire Code, as amended by the Fire District Ordinance. • 2. Fire Protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits for the construction of the buildings will not be issued until the public fire protection water plans are approved by the water and fire districts. 3. 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 On accordance with RCFPD. Standard #5-10) must be obtained prior to submitting the overhead fire sprinkler system plans. Include a copy of the approved underground plans as reference with the overhead submittal FSC-4 Requirements for Automatic Fire Sprinkler Systems 1. Rancho Cucamonga Fire District Ordinance FD46, the 2007 California Fire Code section 903.2.7 FSC-5 Fire Alarm System • 1. RCFPD Ordinance FD46, the 2007 California Building Code, and/or the California Fire Code section 907.2.8. • D & E-177 • 2. Prior to the installation of the fire alarm system, Fire Construction Services' approval and a building±,,- permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard 9-3. • FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access — Fire Lanes Standard #5-1 and the 2007 California Fire Code for specific requirements. 1. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided in accordance with the 2007 California Building Code, Fire and/or any other applicable standards. 2. Knox Rapid Entry System: are required in accordance to the RCFPD Residential Vehicular Gate Standard # 5-3 and the RCFPD Knox Box Installation Standard 5-9. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Residential gates installed across Fire District access roads shall be installed in accordance with RCFPD Residential Gate Standard #5-3. • • 6. Fire Lane Identification: Red curbing, pavement marking 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 review and approval. 7. Mitigated 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 in accordance to RCFPD Standard #5-6. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • • • Compressed Gases • Public Assembly • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings • 2 D & E-178 FSt-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 2007 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. 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. 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 and Fire Protection Water Supply: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. Please refer to the RCFPD Standards# 14-1 & 14-2 for the requirements specific to fire protection water supply and fire department access during construction. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for • obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: • 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, • the markers shall be installed at the centerline of the fire access road, at each hydrant location. 3 D & E-179 • 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 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire • Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. • 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial and multi-family buildings shall post the building addresses, address monuments, site directories, suite directional signage and suite designations in accordance to RCFPD Multi-Family Residential Addressing Standard. 10. Hazardous Materials which require use permits from the fire district must be in accordance to the conditions of the permit. 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, a 8 1/2' x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • • 4 D & E-180 4 STAFF REPORT ° • NPLANNING Dr:P_1RT\LENT ILI :, DATE: December 8, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Steve Fowler, Assistant Planner SUBJECT: TRAIL ABANDONMENT DRC2009-00848 - A request to abandon two portions of a trail that lead from the trail between residences onto Ranch Gate Road in the Very Low Residential•District. The two portions of trail are between 5272 & 5278 Ranch Gate and one completely on 5340 Ranch Gate Road - APN: 1061-021-02; 1061-021-03; 1061-031-04. This Project is categorically exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15305 (Class 5 Exemption - Minor Alterations In Land Use Limitations). This item will be forwarded to the City Council for final action. Continued from • November 10, 2010 SUMMARY: Staff is requesting a continuance for the proposed Trail Abandonment DRC2009-00848 to provide time to obtain a detailed estimate of the costs involved with the installation of improvements involved in continuing the trail behind tract 9426 through the flood control corridor north of this tract. This continuance would also allow staff time to meet with the • residents of this tract to discuss the issues that were presented at the November 10, 2010, Planning Commission meeting and provide them the estimate of the improvements in advance of the new meeting date. RECOMMENDATION: Staff recommends the Planning Commission continue the subject item to the January 12, 2011, Planning Commission meeting. Respectfully submitted, r t_ p.- . Ja s R. Troyer, AICP Planning Director • JRT:SF\ds rill • ITEM C • bti/j '.,..- -. •-e....,,,,‘---7,-=,-_-.. ,. . . ,. ...„: ,,,,,....•ips.,....,,i....„.,„:,,:..: I . . • .t...,- .„%.,..-..,,),,,,:..,..,,,..,. ,i46,,,.. •,--,,, Santa Barbara • L....T.,...n.=.. 11 . ill elms= Santa Barba r V° ;! -' "11.'4•• t.,■ ' . ' '• 'i.0 "" '."''' ;: ':‘■ -%•i . ; . •,, ,44, :._.: ,„,.. :. ,„er` -,01,: A .tqWrg ifeillik ....,,,,s,. • , irbk '''. :-X,.4 ;11- 2,..1-- ?T rr.Art*v. N.•'.,:. . 01611191 Alagila'Pr.*AO ., .. .,. . CREATION OF-STATE STREET.. PEDESTRIAN ORIENTED STREET CONNECT INS RESIDENTS TO COMMON OPEN SPACES AND THE COMMUNITY Santa Barbaru Santa Barbara 4, IV" 117-41 • .,.... ,.., , . 6.• TiriTic 'AILI ....y.,L,2. 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ADDRESS [_I a'gcc Al ( N1 fr ,ilia / 6 w3 /JAJ Fibs Jim /MS 7" 0-0 Art/ /%v,'c/c. as �Msf fb ?Ci Tlm %(m Cdr® I M e,U--eSh con n' pch —/Alrarn AA) C4I/A 412/01 Ara( c0 Page 1 of 2 E Co/t Schrader, Lois From: Mr. Ed [historicalsoc_rc @verizon.net] Sent: Monday, December 06, 2010 10:50 AM To: John Anicic Jr.; Kendrena, Donna; EDWARD DIETL; GWYN FROST; JIM FROST; LUANA HERNANDEZ; Pallas &Associates; ROBERT CURTIS; SANDRA DIETL; ROY LAPARRY Cc: Richard Fletcher, Planning Comm.; Ray Wimberly Planning Comm.; Burnett, Candyce; City Manager Jack Lam; Karatsu, Robert; Daniels, Linda; Schrader, Lois; City Council Subject: Fw: Historic Demolition Follow Up Flag: Follow up Flag Status: Red Attachments: UMC 17.152#3.pdf; UMC 17.152.pdf; UMC 17.152#2.pdf The new historic ordinance under review for Rancho Cucamonga has no penalties or enforcement for demolition of historic resources. It was said that such a rule was not in the L.A. ordinance. With a quick check from Upland (attached) and Ontario (at bottom) it was found both cities have provisions in their historic ordinances with exactly such enforcment and penalties which have been sucessfully used against offenders. I am sure other cities in the Inland Empire also have similar rules and penalties. For some reason this important regulation to protect our historic resources has been removed from our new historic ordinance. Does our city have some properties we know are going to be destroyed and we do not wish to offend the property owners by penalizing them? Please review these documents and add similar sections to our historic ordinance to help the historic community retain what is left of our heritage. Mr. Ed Original Message From: Megan Irwin To: access7@verizon.net Sent: Monday, December 06, 2010 10:05 AM Subject: Historic Demolition Good Morning, I have attached Chapter 17.152 of the Upland Municipal Code which addresses historic demolition. Please refer to section 17.152.110 for the penalties associated with demolishing a historic resource without the appropriate approvals. If you need any additional information, please let me know. Regards, Megan Irwin Assistant Planner- Community Development City of Upland 909.931.4135 Fax 909.931.4321 CITY of ONTARIO Sec. 9-1.2680: 12/13/2010 Page 2 of 2 Enforcement and Penalties A. Any person who violates a requirement of this ordinance or fails to obey an order issued by the Commission or comply with a condition of approval of any certificate or permit issued under this article shall be guilty of a misdemeanor. B. Any alteration or demolition of an Historical Resource in violation of this Article is expressly declared to be a nuisance and shall be abated by restoring or reconstructing the property to its original condition prior to the violation. Any person or entity who demolishes or substantially alters or causes substantial alteration or demolition of a structure, in violation of the provisions of this Article, shall be liable for a civil penalty C. Alteration or demolition of an Historical Resource in Violation of this Article shall authorize the City to issue a temporary moratorium for the development of the subject property for a period not to exceed twenty-four (24) months from the date the City becomes aware of the alteration or demolition in violation of this article. The purpose of the moratorium is to provide the City an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the historic structure, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures as determined byCity of Ontario Development Code Article 26: Historic Preservation November 2003 Page 26-31 the Planning Department, Historic Preservation Subcommittee and/or Historic Preservation Commission shall be imposed as a condition of any subsequent permit for development of the subject property. D. In the case of demolition, the civil penalty shall be equal to one-half the assessed value of the Historical Resource prior to the demolition. In the case of alteration, the civil penalty shall be equal to one-half the cost of restoration of the altered portion of the Historical Resource. Once the civil penalty has been paid, building and construction permits and/or a Certificate of Occupancy may be issued. E. The City Attorney may maintain an action for injunctive relief to restrain a violation or cause, where possible, the complete or partial restoration, reconstruction or replacement of any structure demolished, partially demolished, altered or partially altered in violation of this Article. 12/13/2010