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HomeMy WebLinkAbout05-108 - Resolutions RESOLUTION NO. 05-108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16767, ON 7.74 ACRES OF LAND IN THE COMMUNITY COMMERCIAL DISTRICT, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD,600 FEET WEST ETIWANDAAVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF -APN:0227-221-03, 07, 22, 23, AND 24. A. Recitals. 1. Charles Joseph Associates filed an application forthe approval of Tentative Parcel Map No. 16767, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On the 14th day of September 2005,the Planning Commission conducted a duly noticed public hearing on the application.The Commission continued the item for two months at the request of the applicant. 3. On the 9th day of November 2005, 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 hearings on September 14, 2005 and November 9, 2005, 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 on the north side of Foothill Boulevard,600 feet west of Etiwanda Avenue with a street frontage of 367 feet and lot depth of 597 feet and is presently improved with curb, gutter and an abandoned house; and b. The property to the north of the subject site is Multi-family Residential,the property to the south consists of Foothill Boulevard, the property to the east is Community Commercial with a small liquor store, and the property to the west is Sacred Heart Church; and C. The applicant intends to develop the property and sell the restaurant buildings to separate owners, which will maintain the property through a management company; and d. The property will be subdivided into 10 useable lots for future restaurants and retail shops; and PLANNING COMMISSION RESOLUTION NO. 05-108 SUBTPM16767— CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 2 e. The applicant will provide a reciprocal access agreement to all owners for the purpose of ingress, egress and parking on the subject property. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans; and C. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative parcel map is not likely to cause serious public health problems; and f. The design of the tentative parcel map will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: 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 or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated 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. 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 COMMISSION RESOLUTION NO. 05-108 SUBTPM16767 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 3 Planning Department 1) Covenants, Conditions, and Restrictions (CC&Rs) shall be prepared to address such issues as: Reciprocal ingress and egress, reciprocal parking, property maintenance standards and landscaping standards, and adherence to the Uniform Sign Program, in order to ensure coordinated long term maintenance of the project. The CC&Rs shall be reviewed and approved by the Planning Commission and the City Attorney prior to map recordation. 2) Each parcel shall be maintained and developed in accordance with the approved development plans on file in the Planning Department, the City's Development Code and the Foothill Boulevard Specific Plan including but not limited to, subdivision layout, minimum parking requirements, and architectural design standards. 3) Approval of the is request shall not waive compliance with any sections of the State Fire Marshal's regulations, Uniform Building Code, or any other City Ordinances. 4) Any modifications to the building size, square footage, access, or landscaping shall be submitted to the City Planner for review and approval. Engineering Department 1) A deceleration/right turn lane for the easterly driveway on Foothill Boulevard shall be required, to the satisfaction of the City Engineer. 2) Provide a final drainage report to determine storm drain requirements for the proposed development. Ultimately, the area bounded by Foothill Boulevard, Etiwanda Avenue and the 1-15 Freeway will be directed to an existing 72 inch storm drain in Foothill Boulevard, just east of Etiwanda Avenue. Currently, portions of this area drain to an interim facility that runs south across Foothill Marketplace from the Sacred Heart Church frontage: a) Calculate developed Q100 for the project site. Determine whether existing downstream facilities can accommodate said runoff for both scenarios, flowing west to the interim system or east to the ultimate one. b) Note that the 72-inch RCP system to the east currently discharges to an earth ditch on the south side of Foothill Boulevard. Interim basin in Tract 15711-1 is supposed to mitigate developed flows discharging from the 72-inch pipe to less than 90 percent of undeveloped flows. Determine how much additional runoff can be accepted into this system in the current state of development for the tributary area. PLANNING COMMISSION RESOLUTION NO. 05-108 SUBTPM16767— CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 4 c) Use of the interim facility by additional development will require acceptance by Foothill Marketplace. d) Local drainage facilities are required if the Q10 water surface fails to leave a 10-foot dry lane north of the Foothill median. The Q25 water surface shall not exceed the top of curb (Q250 in sump conditions) and the Q100 water surface shall not exceed the right-of-way on any street. 3) Foothill Boulevard shall be improved in accordance with City's "major Divided Highway" standards as required and including: a) Provide curb and gutter, curvilinear sidewalk, 16000 Lumens HPSV streetlights, street trees, R26(s) "No Stopping" signs, stripings and asphalt pavement, as required. b) Provide deceleration/right turn lanes for all driveways on Foothill Boulevard. Extend existing right turn lane for Sacred Heart Church as required by City Engineer. c) Protect any traffic signal equipment along the Foothill Boulevard property frontage. 4) The Foothill Boulevard frontage shall be designed in accordance with the City adopted Foothill Boulevard Visual Improvement Plan including streetlights. 5) The existing overhead utilities (telecommunications and electrical) on the project side of Foothill Boulevard shall be undergrounded along the entire project frontage extending to the first pole offsite(east and west), prior to public improvement acceptance or occupancy, whichever occurs first. City shall provide a portion of collected monies from the developer to the south, Parcel Map 13724, paid for as an in-lieu fee for future undergrounding of said overhead utilities. 6) Development within the Etiwanda/San Sevaine Drainage area is responsible for the City's adopted drainage fee (master plan and regional) as well as reimbursement to other development, or the City, for oversizing of drainage facilities as determined by the City Engineer. 7) Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional and Master Plan Drainage Fees shall be paid prior to final map approval or building permit issuance, whichever comes first. 8) Prior to grading permit issuance, Best Management Practice (BMPs) identified in the Water Quality Management Plan (WQMP) shall be shown on the grading plan. 9) Maintenance of BMPs identified in the WQMP shall be addressed in the project CC&Rs. PLANNING COMMISSION RESOLUTION NO. 05-108 SUBTPM16767 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 5 Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any Grading Permits, the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. PLANNING COMMISSION RESOLUTION NO. 05.108 SUBTPM16767 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 6 • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce 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 work crews will shut off equipment when not in use. 10) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods(i.e., in excess of 10 minutes). 11) All industrial and commercial facilities shall designate preferential parking for vanpools. 12) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 13) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Cultural 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. PLANNING COMMISSION RESOLUTION NO. 05-108 SUBTPM16767 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 7 • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate California Environmental Quality Act (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. • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of 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 PM,() emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. PLANNING COMMISSION RESOLUTION NO. 05-108 SUSTPM16767 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 8 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 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 of ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) All drainage shall be diverted away from the trash enclosure area. 6) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by Madole and Associates, dated June 1, 2004 to reduce pollutants after PLANNING COMMISSION RESOLUTION NO. 05-108 SUBTPM16767 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 9 construction entering the storm drain system to the maximum extent practical. 7) 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. 8) 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 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. 9) Prior to issuance of Grading or Paving Permits, applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the•City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. 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. 3) The perimeter block wall shall be constructed as early as possible in first phase. PLANNING COMMISSION RESOLUTION NO. 05-108 SUBTPM16767 — CHARLES JOSEPH ASSOCIATES November 9, 2005 Page 10 4) 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 9TH DAY OF NOVEMBER 2005. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: �Lu Pam Ste , Chairman ATTEST: 0/ ac Dan Coleman, Acting Secretary 1, Dan Coleman, Acting 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 9th day of November 2005, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS City of Rancho Cucamonga f . MITIGATION MONITORING PROGRAM Project File No.: Tentative Parcel Map SUBTPM16767 and Conditional Use Permit DRC2004-001128 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 City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action,what action will be taken and when,and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 SUBTPM16767 AND DRC2004-001128 CHARLES JOSEPH ASSOCIATES 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.: Tentative Parcel Map SUBTT16767 and Conditional Use Permit DRC2004-01128 Applicant: Charles Joseph Associates Initial Study Prepared by: Emily Cameron Date: August 9, 2005 ResponsibleMitigation Measures No.I g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Air Quality All construction equipment shall be maintained in good CP C Review of Plans A/C 2/4 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. Prior to the issuance of any Grading Permits, the CP/BO C Review of Plans C 2 developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. All paints and coatings shall meet or exceed CP C Review of Plans A/C 2/4 performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. All asphalt shall meet or exceed performance standards BO B Review of Plans A/C 2 noted in SCAQMD Rule 1108. All construction equipment shall comply with SCAQMD BO C Review of Plans A/C 2/4 Rules 402 and 403. Additionally, contractors shall include the following provisions: 1 of 8 Mitigation . Responsible . . . Timing . od of Verified Sanctions . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Reestablish ground cover on the construction site BO C Review of Plans A/C 2/4 through seeding and watering. • Pave or apply gravel to any on-site haul roads. BO C Review of Plans A/C 2/4 • Phase grading to prevent the susceptibility of large BO C Review of Plans A/C 2/4 areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of BO C Review of Plans A/C 2/4 exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in BO C Review of Plans A 4 accordance with local ordinances and use sound engineering ractices. • Sweep streets according to a schedule established BO C During A 4 by the City if silt is carried over to adjacent public Construction thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds(i.e., BO C During A 4 wind speeds exceeding 25 mph)in accordance with Construction Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils BO C During A 4 haul trucks or cover payloads using tarps or other Construction suitable means. The site shall be treated with water or other BO C During A/C 4 soil-stabilizing agent (approved by SCAQMD and Construction Regional Water Quality Control Board (RWQCB])daily to reduce Particulate Matter (PM10) emissions, in accordance with SCAQMD Rule 403. Chemical soil-stabilizers (approved by SCAQMD and BO C During A/C 4 RWQCB) shall be applied to all inactive construction Construction areas that remain inactive for 96 hours or more to reduce PM,a emissions. The construction contractor shall utilize electric or clean BO C Review of Plans A/C 4 alternative fuel-powered equipment where feasible. The construction contractor shall ensure that BO C Review of Plans A/C 2/4 Construction Grading Plans include a statement that work crews will shut off equipment when not in use. 2 of 8 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance All industrial and commercial facilities shall post signs BO C During A 2/3 requiring that trucks shall not be left idling for prolonged Construction periods (i.e., in excess of 10 minutes). All industrial and commercial facilities shall designate CP C Review of Plans A/C 2/3 preferential parking for vanpools. All residential and commercial structures shall be CP C Review of Plans A/C 2/3 required to incorporate high-efficiency/low-polluting heating,air conditioning, appliances,and water heaters. All residential and commercial structures shall be CP C Review of Plans A/C 2/3 required to incorporate thermal pane windows and weather-stripping. Cultural Resources If any prehistoric and archeological resources are CP/BO C Review of A/D 3/4 encountered before or during grading,the developer will Report retain a qualified archeologist 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 CP/BO C Review of A/D 3/4 sites from demolition or significant modification Report without an opportunity for the City to establish its archaeological value. Consider establishing provisions to require CP/BO C Review of A/D 3/4 incorporation of archaeological sites within new Report developments, using their special qualities as a theme or focal point. Pursue educating the public about the area's CP/BO C Review of A/D 3/4 archaeological heritage. Report Propose mitigation measures and recommend CP/BO C Review of A/D 3/4 conditions of approval to eliminate adverse project Report effects on significant, important, and unique prehistoric resources, following appropriate California Environmental Quality Act (CEQA) guidelines. 3 of 8 Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prepare a technical resources management report, CP C Review of A/D 3/4 documenting the inventory, evaluation, and Report 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. If any paleontological resource (i.e. plant or animal CP B Review of A/D 4 fossils) are encountered before or during grading, the Report 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 CP B Review of A/D 4 equipped to allow the rapid removal of fossils with Report minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Should fossils be found within an area being cleared BO B/C Review of A/D 4 or graded, divert earth-disturbing activities Report 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. • Submit a summary report to the City of Rancho CP D Review of D 3 Cucamonga. Transfer collected specimens with a Report copy of the report to the San Bernardino County Museum. Geology and Soils The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and Construction RWQCB)daily to reduce PM,o emissions,in accordance with SCAQMD Rule 403 with drought resistant landscaping as soon as possible. 4 of 8 Mitigation g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Frontage public streets shall be swept according to a CE C During A 4 schedule established by the City to reduce PM, Construction emissions associated with vehicle tracking of soil off- site. Timing may vary depending upon the time of year of construction. Grading operations shall be suspended when wind BO C During A 4 speeds exceed 25 mph to minimize PM,o emissions Construction from the site during such episodes. Chemical soil-stabilizers (approved by SCAQMD and BO C During A 4 RWQCB) shall be applied to all inactive construction Construction areas that remain inactive for 96 hours or more to reduce PM,, emissions. Hydrology and Water Quality Prior to issuance of Grading Permits, the permit BO B/C/D Review of Plans A/C 2/4 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. An Erosion Control Plan shall be prepared, included in CE B/C/D Review of Plans A/C 2/4 the Grading Plan and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time of ground distribution 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. 5of8 Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance During construction, temporary berms such as CE B/C/D Review of Plans A/C 2/4 sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. During construction, to remove pollutants, street CE B/C/D Review of Plans A/C 2/4 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. All drainage shall be diverted away from the trash CE B/C/D Review of Plans A/C 2/4 enclosure area. The developer shall implement the BMPs identified in CE B/C/D Review of Plans A/C 2/4 the Water Quality Management Plan(WQMP)prepared by Madole and Associates, dated June 1, 2004, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. Landscaping Plans shall include provisions for CE B/C/D Review of Plans A/C 2/4 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. Prior to issuance of Building Permits,the applicant shall CE B/C/D Review of Plans A/C 2/4 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. 6 of 8 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prior to issuance of Grading or Paving Permits, the CE B/C/D Review of Plans A/C 2/4 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 Construction or grading shall not take place between the BO B Review of Plans C 2 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. Construction or grading noise levels shall not exceed the BO B Review of Plans C 2 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. The perimeter block wall shall be constructed as early CP B Review of Plans C 2 as possible in first phase. 7 of 8 Mitigation . . of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Haul truck deliveries shall not take place between the PO/BO B Review of Plans C 2 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. Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of Verification Sanctions CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 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 Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds FC-Fire Chief or designee 6-Revoke CUP 7-Citation 8of8 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: TENTATIVE PARCEL MAP SUBTPM16767 SUBJECT: INTERNATIONAL RESTAURANT VILLAGE APPLICANT: CHARLES JOSEPH ASSOCIATES LOCATION: NORTH SIDE OF FOOTHILL BOULEVARD, WEST OF ETIWANDA AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers,or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 05-108, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Approval of Tentative Parcel Map 16767 is granted subject to the approval of Conditional Use Permit DRC2004-01128 B. Time Limits 1. This tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. 1 Project No.SUBTPM16767 Completion Date 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) C. 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(SUBTPM16767)clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Department. D. 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., DRC2001-00001). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development project or major addition,the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 2 Project No.SUBTPM16767 Completion Date 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public counter). E. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC Section 1505. 3. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A 4. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. F. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. The final grading, appropriate certifications and compaction reports shall be completed, _/_/_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 4. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DEPARTMENT, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: G. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): 60 total feet on Foothill Boulevard. —/—/- 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 turn lanes, to provide a minimum of 7 feet measured from the face of curbs. 3 Project No.SUBTPM16767 Completion Date H. Street Improvements 1. Pursuant to City Council Resolution No.88-557,no person shall make connections from a source of energy,fuel or power to any building service equipment which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council,except:that in developments containing more than one building or unit, the development may have energy connections made to a percentage of those buildings, or units proportionate to the completion of improvements as required by conditions of approval of development.,In no case shall more than 95 percent of the buildings or units be connected to energy prior to completion and acceptance of all improvements required by these conditions of approval of development. 2. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. I Side- I Drive I Street I Street I Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Foothill Boulevard I X I X I (C) l X I X I 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,priorto final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. C. Pavement striping,marking,traffic signing,street name signing,traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No.6 at intersections and No.5 along streets,a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City _/_/_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. 4 Project No.SUBTPM16767 Completion Date 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. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards.in accordance with the City's street tree program. 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Oty. FOOTHILL BOULEVARD Non-activity centers— Prunus blireiana NCN 3 ft. 20 ft.o.c.-Informal 15-gal. Fill-in Accent trees groupings not more tnan 25% of total frontage trees 15-gal. Non-activity center Platanus racemosa Calrfomia Sycamore 8 ft. 35 ft.o.c.-Informal groupings Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting,an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Department. 4) Street trees are to be planted per public improvement plans only. I. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. J. 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. K. 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. 5 Project No.SUBTPM16767 Completion Date 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVW D), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVW D is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. L. General Requirements and Approvals 1. Etiwanda/San Sevaine Area Regional Mainline,Secondary Regional,and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 2. 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 priorto building permit issuance if no map is involved. 3. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills,and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 6 Rancho Cucamonga Fire Protection District Fire Construction Services STANDARD CONDITIONS May 18, 2005 International Restaurants N/S Foothill W/O Etiwanda SUBTPM16767 & DRC2004-01128 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT. FSC-1 Public and Private Water Supply t. Design guidelines for Fire Hydrants in accordance to RCFPD Standard 9-8. The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. Fire hydrants are to be located. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. f. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. g. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required fire flow for this project is 2500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This requirement is made in accordance with Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 2. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 1500 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Firewater plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until firewater plans are approved. 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirement for an Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Commercial or industrial structures greater than 7,500 square feet. 2. Assembly and Educational Occupancy Buildings. 3. "All structures that do not meet Fire District access requirements (see Fire Access). 4. When required fire flow cannot be provided due to inadequate volume or pressure. 5. When buildings do not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard 9-7 6. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. RCFPD Ordinance 15, based on use or floor area (or by other adopted codes or standards) requires an automatic and/or manual fire alarm system. Refer to RCFPD Ordinances 15 and 39, the California Building Code, RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code. 2. Prior to any removal, remodel, modification and/or additions to the building or suite's fire alarm system, Fire Construction Services' approval and a building permit must be obtained. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. 3. Based on the number of sprinkler heads; the sprinkler system is required to monitored by a listed central station fire alarm system. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Lanes Standard 9-7 1. Location of Access: All portions of the structures 1" story exterior wall shall be located within 150-feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 20-feet. c. The minimum outside turn radius shall be 46-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. 2 g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard #9-2. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office for $20.00. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 6. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 7. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Battery Systems 3 • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Cryogenics • Dry Cleaning Plants • Refrigeration Systems • Repair Garages • Flammable and Combustible Liquids • Spraying or Dipping Operations • Hazardous Materials • Tents, Canopies and/or Air Supported Structures • Liquefied Petroleum Gases • LPG or Gas Fuel Vehicles in Assembly Buildings FSC-11 Hazardous Materials —Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA) for the City of Rancho Cucamonga. 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility. 2. Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/or adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method"form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation is required before building permits are issued. 1. Reciprocal Access Agreement: The plan as submitted indicate that the required Fire Department access a. Is shared by multiple owners; or b. Is located on common space under the control of an owner's association. 4 Please provide a permanent access agreement granting irrevocable use of the property to the Fire District. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access without Fire District approval. The recorded agreement shall include a copy of the site plan. The agreement shall be presented to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded with the Recorder's Office, County of San Bernardino. To assist Fire Construction Services in reviewing the agreement the following shall be included in the submittal: a. The current title reports to provide a legal description and proof of ownership for all properties included in the agreement. b. The assessor's parcel numbers of each parcel subject to the agreement. c. A scaled site plan showing the path of the Fire District access, the width, turn radii and slope of roadway surface shall be provided. The access roadway shall comply with the requirements of the RCFPD Fire Lane Standard #9-7. 2. Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a required private fire mains or appurtenances a. Is located on common space under the control of an owner's association; or b. Is shared by multiple owners. Please provide a permanent maintenance and service agreement between the owner for the private water mains, fire hydrants and fire protection equipment essential to the water supply. The agreement shall meet the form and content approved by the Rancho Cucamonga Fire District. The agreement shall be submitted to Fire Construction Services for review and approval, prior to recordation. The agreement shall be recorded within the Recorder's Office, County of San Bernardino. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply I Domestic/Fire) Systems: The applicant shall submit a plan showing the ( locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard 9-8. 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. 5 3. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on- site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 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 #9-1 or #9-2 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/industrial and multi- family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet from the public street, an additional non-illuminated 6-inch minimum 6 number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. 10. Hazardous Materials: Prior to the issuance of a Certificate of Occupancy, the applicant must demonstrate (in writing from the County) that the facility has met or is meeting the Risk Management Plan (RMP) or Business Emergency/Contingency Plan with the San Bernardino County Fire Department, Hazardous Materials/Emergency Response and Enforcement Division. The applicant must also obtain inspection and acceptance by Fire Construction Services. 11, Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 '/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. 7 City of Rancho Cucamonga MITIGATED NEGATIVE DECLARATION 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 Parcel Map SUBTPM16767 and Conditional Use Permit DRC2004-01128 Public Review Period Closes: September 14, 2005 Project Name: Project Applicant: Charles Joseph Associates Project Location (also see attached map): Located on the north side of Foothill Boulevard, approximately 600 feet west of Etiwanda Avenue -APN: 0227-221-03, 07, 22, 23, and 24. Project Description: A request to subdivide 7.74 gross acres of land into 10 lots for the purpose of development of a commercial center consisting of ten freestanding restaurant buildings and one retail building totaling 51,200 square feet within the Community Commercial District (Subarea 4). 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. 2 November 9, 2005 Date of Determination A opted By