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HomeMy WebLinkAbout02-24 - Resolutions RESOLUTION NO. 02-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2001-00437, A REQUEST TO CONSTRUCT A NEW 3,946 SQUARE FOOT SERVICE STATION WITH A CONVENIENCE MARKETTO INCLUDE OFF-SALE BEER AND WINE(TYPE 20 LICENSE), DRIVE-THRU CAR WASH, AND PUMP ISLAND ON 1.39 ACRE OF LAND, LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND TOWN CENTER DRIVE IN THE OFFICE PARK DISTRICT OF THE TERRA VISTA COMMUNITY PLAN -APN: 1077-421-38. A. Recitals. 1. Exxon Mobil Oil Corporation filed an application for the issuance of Conditional Use Permit DRC2001-00437, 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 23rd day of January 2002, 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 bythe 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 January 23, 2002, including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located at the northeast comerof Haven Avenue and Town Center Drive with a street frontage of 225 feet on Haven Avenue and 630 feet on Town Center Drive, and is presently vacant and rough graded; and b. The property to the north and east is vacant and zoned Office Park District of the Terra Vista Community Plan, the property to the south is developed with existing commercial retail buildings and zoned Community Commercial of the Terra Vista Community Plan, and property to the west is also developed with existing commercial retail building and zoned General Commercial; and C. The application contemplates the development of a 3,946 square foot service station with convenience market to include off-sale beer and wine (type 20 license), with drive-thru car wash and pump island on 1.39 acre of land, with 24 hours of operation; and d. The entire site is zoned Office Park District and is governed by the regulations of the Terra Vista Community Plan and the Development Code; and PLANNING COMMISSION RESOLUTION NO. 02-24 DRC201-00437 — EXXON MOBIL OIL CORPORATION January 23, 2002 Page 2 e. The project fosters creative and efficient use of the land by combining fuel service, car wash service, and convenience market service; and f. The project design reflects a quality architectural statement that creatively blends traditional building materials such as wood, stucco, and tile roofing consistent with the architectural flavor of the Terra Vista Community Plan area. 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. Based upon the facts and information contained in the proposed Mitigated Negative Declaration together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project,which are listed below as Conditions of Approval. C. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1-d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 02-24 DRC201-00437 — EXXON MOBIL OIL CORPORATION January 23, 2002 Page 3 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 Division 1) Light fixtures shall be constructed at a maximum height of 15 feet, including pedestal base (as measured from finished grade), and shall be shielded. A detailed Lighting Plan, including a photometric diagram, shall be prepared prior to issuance of building permits to provide proper shielding of light sources from adjoining properties. 2) The exterior building materials and colors including architectural details such as, but not limited to, tile and the random stacking of booster tiles, cornice, outriggers, lumber size, tile inset, wainscot, light fixtures, window mullion patterns, and tubular steel trellis, shall be consistent with Sav-On and the Terra Vista Town Center. 3) Textured pavement across circulation pathways including an 8- to 12-inch smooth banding shall be provided as shown on the Site Plan. 4) A minimum 5-foot landscape strip consisting of trees, shrubs, and appropriate ground cover with irrigation shall be provided along the north and east boundary of the site. 5) Provide substantial tree and shrub planting between the drive-thru lane and the streets to create a dense screen for the drive-thru lane. 6) Existing Haven Avenue landscaping shall be renovated to restore it to a healthy condition, including replacement of dead or dying plant materials, as necessary. 7) Landscaping shall conform to the Development Code, Terra Vista Community Plan, and Haven Avenue beautification master plan requirements, and shall require review and approval bythe City Planner prior to installation. 8) All landscaped areas shall be kept free from weeds and debris and maintained in a healthy growing condition, and shall receive regular pruning, fertilizing, mowing, and trimming. 9) The master plan submitted with the application is conceptual only and is not included in this approval. Engineering Division 1) Haven Avenue frontage improvements shall be constructed in accordance with City "Major Divided Arterial' standards, as required and including, but not limited to, curb, gutter, sidewalk, removal and reconstruction of access ramp per current design standards, streetlights, and traffic signage (R26). PLANNING COMMISSION RESOLUTION NO. 02-24 DRC201-00437 — EXXON MOBIL OIL CORPORATION January 23, 2002 Page 4 2) Provide a bus bay/right-tum lane for the driveway on Haven Avenue per City standards and driveway policy. 3) Protect all existing traffic signal equipment in place or repair as needed. 4) Town Center Drive frontage improvements shall be constructed in accordance with City"Collector" standards, as required and including, but not limited to, curb, gutter, sidewalk, streetlights, and traffic signage (R26). 5) The driveway approach on Town Center Drive shall align opposite with the existing driveway on the south side, in accordance with City "Driveway Policy". 6) Provide "Two Way Left-Tum" lane on Town Center Drive. 7) No drainage onto public streets from private driveways. Water shall be collected into pipe or channeled through under-sidewalk drains. 8) The applicant shall process a Lot Line Adjustment to establish property boundaries, to the satisfaction of the City Engineer, prior to the issuance of building permits ENVIRONMENTAL MITIGATION MEASURES Air Quality 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. 2) Streets bordering the site 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 miles per hour 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. 5) The construction contractor shall select the construction equipment used on-site based on low-emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. PLANNING COMMISSION RESOLUTION NO. 02-24 DRC201-00437— EXXON MOBIL OIL CORPORATION January 23, 2002 Page 5 6) The construction contractor shall utilize electric or clean-alternative fuel-powered equipment where feasible. 7) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. 8) Contractor shall use low volatile organic compound(VOC)coatings and asphalt. Hazards 1) All appropriate permits will be obtained prior to certificate of occupancy and must be documented in a Business Emergency/Contingency Plan to be approved by the City Emergency Services (Fire Protection District) Office. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA r BY: ` arty T. Ni I, Chairman ATTEST: rad Buller, etary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY City of Rancho Cucamonga in MITIGATION MONITORING PROGRAM Project File No.: Conditional Use Permit DRC2001-00437 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the *(Mitigated Negative Declaration/Environmental Impact Report) for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components -This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance.The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation)that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will betaken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program Conditional Use Permit DRC2001-00437 January 17, 2002 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 afterwritten notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division.The Division shall require the applicant to post any necessary funds (or other forms of guarantee)with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC 2001-00437 Applicant: Fred Fielder and Associates Initial Study Prepared by: Natalie P. Patty Date: December 27 2001 Mitigation Implementing Action for Monitoring Frequency Verification Verification Date flinitials Non-Compliance P,�11 y The site shall be treated with water or other soil stabilizing agent) CP C Review of plans A/C 2 approved by SCAQMD and RWOCB)dairy to reduce PM, emission,In accordance with SCAQMD Rule 403. Streets bordering the site shall be swept according to a schedule CP C Review of pians A/C 2 established by the City to reduce PM,o emissions associated with vehlcte tracking of soil off-site. Timing may vary depending upon time of year of construction. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM,o emissions from the site during such CP C Review of plans A/C 2 episodes. Chemical soil stabilizers(approved by SCAQMD and RWQCB)shall be applied to all Inactive construction areas that remain Inactive for CP C Review of plans A/C 2 96 hours or more to reduce PM,o emissions. Contractor shall select the construction equipment based on low emission factors and high-energy efficiency. All construction CP B/C Review of plans A/C 2 equipment will be tuned and maintained In accordance with the manufacturer's specifications. Contractor shall utilize electric or clean alternative fuel powered CP C equipment where feasible. Review of plans A/C 2 The construction contractor shall ensure that construction-grading CP/CE B Review of plans C 2 plans Include a statement that work crews will shut off equipment P when not In use. Contractor shall use low volatile organic compounds(VOC)coatings CP C Review of plans A/C 2 and asphalt. All appropriate permits will be obtained prior to certificate of FC D Review of plans D 3 occupancy and must be documented In a Business Emergency/Contingency Plan to be approved by the City Emergency Services(Rre Protection District)Office. Key to Checklist Abbreviations CDD-Community Development Director A-With Each New Development A-On-site Inspectlon 1 -Withhold Recordation of Final Map CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy BO-Building Official or designee D-On Complaton D-Separate Submittal(Reports/Studies Plans) 4-Stop Work Order PO-PoliceoforCaptain or designee E-Operating 5-Retain Deposit or Bonds FC-Fire Chief or designee 6-Revoke CUP I:\PLANNING\FINAL\CEQA\MMCHKLST.W PD COMMUNITY DEVELOPMENT - DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2001-00437 A 3,946 SQUARE FOOT SERVICE STATION WITH CONVENIENCE MARKET, DRIVE- SUBJECT: THRU, CAR WASH, AND FUEL PUMP ISLAND APPLICANT: EXXON MOBIL OIL CORPORATION LOCATION: NORTHEAST CORNER OF HAVEN AND TOWN CENTER DRIVE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. SC-11-01 1 Project No.DRC2001-00437 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 Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced,whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and _/_/_ the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 11. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners'association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. D. Shopping Centers 1. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. 2. Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner: a. Architecturally integrated into the design of(the shopping center/the project). b. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. SC-11-01 2 Project No.DRC2001-00437 Completion Date. f. Architecturally treated overhead shade trellis. g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. 3. Graffiti shall be removed within 72 hours. 4. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 5. Signs shall be conveniently posted for"no overnight parking"and for"employee parking only." 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits. 8. The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 9. Any outdoor vending machines shall be recessed into the building faces and shall not extend into _/_/_ the pedestrian walkways. The design details shall be reviewed and approved by the City Planner prior to the issuance of building permits. E. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. F. 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. SC-11-01 3 Project No.DRC2001-00437 Completion Date 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards. 5. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _ parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped. 6. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects or more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent on the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. G. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within commercial and office projects, shall be specimen size trees-24-inch box or larger. 4. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 50%of the parking area at solar noon on August 21. 5. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 6. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 7. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 8. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along Haven Avenue. 9. 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. 10. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. SC-11-01 4 Project No.DRC2001-00437 Completion Date 11. Tree maintenance criteria shall be developed and submitted for City Planner review and approval /_/_ prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 12. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. H. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. I. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. J. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: K. 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 Division Project Number (i.e., TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans. SC-11-01 5 Project No.DRC2001-00437 Completion Date 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and"wet"signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., CUP 98-01). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building 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 Division's public counter). M. New Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the Uniform Building Code for required occupancy separation(s). 3. Plans for food preparation areas shall be approved by County of San Bernardino Environmental Health Services prior to issuance of building permits. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC Table 5-A. 5. Exterior walls shall be constructed of the required fire rating in accordance with UBC Table 5-A 6. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. 7. Provide smoke and heat venting in accordance with UBC Section 906. N. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. SC-11-01 6 Project No.DRC200"0437 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 plans shall be completed and approved prior to issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. 2. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits,where no map is involved. 3. 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. 4. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 5. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. 6. Additional street right-of-way shall be dedicated along right tum lanes, to provide a minimum of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel street tree maintenance easement shall be provided. P. Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: Street Name Curb& A.C. Side- Drive Street street Comm Median Bike Other Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Haven Avenue x x C x x x Town Center I x x x x Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. SC-11-01 7 Project No.DRC2001-00437 Completion Date 2. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights _/_/_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits,whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: (1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. 3. 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. 4. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. Q. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be bome by the developer. 2. All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. SC-11-01 8 Project No.DRC2001-00437 Completion Date 3. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan Haven Avenue. R. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 3. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from the outer edge of a mature tree trunk. S. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. T. General Requirements and Approvals 1. An easement for a joint use driveway shall be provided prior to final map approval or issuance of building permits,whichever occurs first,for: Haven Avenue. 2. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new street lights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: U. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. SC-11-01 9 Project No.DRC2001-00437 Comoletion Date V. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. W. Windows 1. Store front windows shall be visible to passing pedestrians and traffic. 2. Security glazing is recommended on store front windows to resist window smashes and impede entry to burglars. X. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. Y. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in tum save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number: (909)941-1488. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED. SC-11-01 10 Fre District Conditions-Incompleteness Comments Page 1 of 5 FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-01-0492-A PROJECT#: DRC2001-00437 PROJECT NAME: Exxon/Mobil Station— On the Run DATE: November 20, 2001 PLAN TYPE: CUP-Gas Station w/Canopy/Mini-mart/Car Wash APPLICANT NAME: Western Land Properties OCCUPANCY TYPE: S-3/M/B FLOOR AREA(S): 5.338 sf/3490 sf/1152 sf CONSTRUCTION: 11-NN-N/I I LOCATION: NEC Haven and Town Center Drive FD REVIEW BY Steve Locati, Fire Protection Planning Specialist PLANNER: Kirt Coury ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909)477-2770, EXT. 3009, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: The following conditions of approval represent the minimum standard for approval of the project as submitted. These conditions are based on the plans submitted and may not include all Fire District requirements for the proposed project. Changes in the project may result in additional or changed Fire District requirements. Please make the necessary changes or corrections prior to resubmitting for review. Prior to approval by the Planning Division compliance with all conditions and/or corrections must be completed. All Fire District conditions and comments must be addressed before construction permits can be issued. Contact the Fire Safety Division to schedule an appointment to verify compliance. A. Community Facilities Districts 1. This project is subject to the requirements of the Mello-Roos Community Facilities District. B. Water Plans for Fire Protection 1. Prior to issuance of any building permit, 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 the Water District. 2. Prior to the issuance of any building permit, 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. Fre District Conditions-Incompleteness Comments Page 2 of 5 3. Fire flow requirements for this project shall be 2250 gallons per minute at a minimum residual pressure of 20 pounds per square inch in accordance with Fire Code Appendix III-A, as amended. The required fire flow shall be delivered by fire hydrants located in accordance with Fire Code Appendix III-B, as amended. 4. When any portion of a facility or building is located in excess of 150-feet from a fire hydrant located on a public street on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. The distance is measured as vehicular path of travel on access roadways, not line of sight. 5. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Water District personnel shall inspect the installation and witness hydrant flushing. The builder/developer shall submit test report to the Fire Safety Division. 6. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Fire Construction Services representative shall inspect the installation and witness hydrant flushing. The builder/developer shall submit final test report to the Fire Safety Division. 7. For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate. The builder/developer shall submit the final test report to the Fire Safety Division. 8. Existing fire hydrants and mains within 600 feet of the project shall be shown on the water plan submitted for review and approval. Include main size. 9. Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, and calculations for the fire sprinkler system underground. 10. Required Note: If the system is private the applicant shall do the following prior to the issuance of the building permit: a. Submit proof that provisions have been made for the annual testing, repair and maintenance of the system. A copy of the maintenance agreement shall be submitted to the District. b. For developments with multiple owners,they shall establish a reciprocal maintenance agreement,which shall be submitted to the Fire District for acceptance. 11. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers." On private property these markers are to be maintained in good condition by the property owner. C. Water Availability 1. Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Rancho Cucamonga Fire Protection District Water Availability for Fire Protection Form shall be signed by the Water District and submitted for approval by the Rancho Cucamonga Fire Protection District. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by the insufficient flow. D. Fire Access 1. Commercial: Prior to recordation of a subdivision/tract/parcel map or the issuance of any grading permit, whichever occurs first, the applicant shall obtain approval of the Fire District for all Fire District access roads to within 150 feet of all portions of the exterior of every structure on-site. 2. Residential & Commercial: Prior to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, streets and courts, public or private, from the Fire District in consultation with the Grading Committee. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus turnarounds shall be clearly marked when a dead-end Fre District Conditions-Incompleteness Comments Page 3 of 5 street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as traffic calming devices (speed bumps, humps, etc.), control gates, bollards, or other modifications in fire lanes or access roadways without prior written approval of the Fire District, Fire Safety Division. 3. The minimum unobstructed width for a Fire District access roadway or fire lane is 26 feet. The minimum vertical clearance is 14 feet,6 inches. At any entry median the minimum width of traffic lanes shall be 20 feet. 4. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 5. Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up,so as not to impede fire vehicles. 6. A note shall be placed on all plans which clearly indicates the following: Emergency access, a minimum 26 feet in width and 14 feet, 6 inches in height shall be provided and maintained free and clear of any obstructions at all times during construction, in accordance with Fire District Standards. 7. Prior to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire District for fire lanes on required Fire District access roadway less than 40 feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved. Contact the Rancho Cucamonga Fire Protection District at (909) 477-2770 for a copy of the"FD Access—Fire Lanes"standard. 8. Prior to the issuance of any Certificate of Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other approved documents shall contain a fire lane map and provisions that prohibit parking in the fire lanes. The method of enforcement shall be documented. The CC&R's shall also identify who is responsible for not less than annual inspection and maintenance of all required fire lanes. 9. New buildings other than dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. 10. In multi-unit complexes approved address numbers, and/or building identification letters shall be provided on the front and back of all units, suites, or buildings. The Fire District shall review and approve the numbering plan in coordination with the City of Rancho Cucamonga. E. Combustible Construction Letter 1. Required Note: Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-site.The roadway shall be maintained at all times. F. Architectural Building Plans 1. Prior to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, the applicant shall submit plans for the review and approval of the Fire District. Call the Fire Construction Services Unit at(909)477-2713 for the Fire Safety Site/Architectural Notes to be placed on the plans prior to submittal. G. Fire Suppression System (Required for Commercial Cooking Equipment or Special Hazards) 1. Prior to the issuance of a building permit, plans and specifications for the fire suppression system for the protection of commercial-type cooking equipment shall be submitted to Fire Construction Services for review and approval. No work is allowed without a Fire Construction Services permit. 2. Prior to the issuance of a Certificate of Occupancy, the fire suppression system(s) shall be tested and accepted by Fre District Conditions-Incompleteness Comments Page 4 of 5 Fire Service Construction Services. H. Fire District Fees Due 1. Fire District feels), plus a$1.00 microfilm fee per"plan page"will be due to the Rancho Cucamonga Fire District as follows: $82 Start-up fee for commercial, industrial or multi-family dwelling units(Paid prior to TRC) $132 Conditional Use Permit Fee(CUP) $132 for Water Plan Review for Public Fire Protection $132 for Private Fire Mains or Fire Sprinkler Underground Water Supply $677(per new building)for New Commercial and Industrial Development `Note: Separate plan check fees for tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews will be assessed upon separate submittals of plans. I. Hazard Control Permits 1. As noted below Special Permits may be required, dependent upon intended use: a. 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, which may be hazardous to life or property. b. Flammable and combustible liquid (storage, handling, and/or use). c. Motor vehicle fuel-dispensing operation. J. Hazardous Materials—Compliance with Disclosure and Reporting Regulations 1. The below listed businesses, operations, uses or conditions require that the San Bernardino County Fire Department review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance. They are the CUPA for the City of Rancho Cucamonga. 2. Any business that uses, generates, processes, produces, treats, stores, emits, or discharges a hazardous material in quantities at or exceeding 55 gallons, 500 pounds, or 200 cubic feet (compressed gas) at any one time in the course of a year. 3. All hazardous waste generators, regardless of quantity generated. 4. Any business that handles, stores, or uses Category (1) or (II) pesticides, as defined by FIFRA, regardless of amount. 5. Any business that handles DOT Hazard Class 1 (explosives,found in 49 CFR) regardless of amount. 6. Any business that handles extremely hazardous substances (EHS's) in quantities exceeding the threshold planning quantity (T.P.Q.). Extremely Hazardous Substances are designated pursuant to the Emergency Planning and Community Right to Know Act Section 302, and are listed in 40 CFR Part 355. 7. Any business subject to the Emergency Planning and Community Right to Know Act (EPCRA), also known as SARA Title 111. Generally, EPCRA includes facilities that handle hazardous substances above 10,000 pounds, or extremely hazardous substances above threshold planning quantities. There are some exceptions, including retail gas stations with up to 75,000 gallons of gasoline or 100,000 gallons of diesel fuel in Underground Storage Tanks (UST's) that meet the 1998 upgrade requirements. To get more information on EPCRA requirements call 1-800-535-0202. Due to State disclosure consolidation laws, Tier 11 forms need not be submitted to the various State and Federal agencies. Submission of your Business Emergency/ Contingency Plan will meet this requirement; however, EPCRA does require full annual inventory submission rather than a certification Fire District Conditions-Incompletencss Comments Page 5 of 5 statement each March 1. Also, EPCRA facilities are bound by the trade secret limitations of EPCRA, and must sign every page of inventory. 8. Any business that handles radioactive material that is listed in Appendix B of Chapter 1, of 10 CFR. 9. If the facility is a NEW business, a Certificate of Occupancy issued by Building and Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous material disclosure requirements. A Risk Management Program (RMP) may also be required if regulated substances are to be used or stored at the new facility. Contact County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance. 10. Any business that operates on rented or leased property, and is required to submit a Plan, is required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates, and has complied with the provision, and must provide a copy of the Plan to the property owner within 5 working days after receiving a request from the owner. 11. The Fire Code adopted by the Fire District has a provision requiring collection of information regarding hazardous materials at facilities for purposes of Fire Code implementation and emergency response. Prior to issuance of a Certificate of Occupancy a copy of the Business Emergency/Contingency Plan - New Business (Hazardous Materials Release Response Plans and Inventory) shall be submitted to the Fire District after it is approved by the San Bernardino County Fire Department. In some cases additional information that is not in the Business Emergency/Contingency Plan may be required in order to support local fire prevention and emergency response programs. K. Plan Submittal Required Notice 1. Plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical and RCFPD Ordinances FD15 and FD32, Guidelines and Standards. NOTE: Separate plan check fees for tenant improvements,fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. Fire District Conditions of Approval-Template SL 7/24/01 Revision