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HomeMy WebLinkAbout08-59 - Resolutions RESOLUTION NO. 08-59 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2007-00047, A REQUEST TO CHANGE THE VICTORIA ARBORS MASTER PLAN LAND USE DESIGNATION FROM SCHOOL TO MIXED USE RESIDENTIAL (4-6 DWELLING UNITS PER ACRE) FOR APPROXIMATELY 8.79 ACRES OF LAND AT THE NORTHWEST CORNER OF VICTORIA PARK LANE AND LONG MEADOW DRIVE; AND MAKING FINDINGS IN SUPPORT OF -APN: 0227-171-29 AND 30. A. Recitals. 1. American Beauty Development Company filed an application Development Review DRC2007-00047 requesting a change to the Victoria Arbors Master Plan land use designation, as described in the title of this Resolution. Hereinafter in this Resolution, the subject amendment is referred to as "the application." 2. On the 22nd day of October 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on October 22, 2008, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property within the City; and b. The proposed Victoria Arbors Master Plan Amendment will not have a significant impact on the environment; and C. The proposed change in the Victoria Arbors Master Plan land use designation of the subject site will be consistent with the land use concept and density provisions of the Rancho Cucamonga General Plan. The proposed land use changes will more effectively implement the goals and objectives of the Victoria Community Plan that sought to fulfill the need for housing in a variety of residential types including single-family residences. The requested land use change is consistent with the underlying General Plan land use designation of Mixed Use. The change will also be compatible with the existing residential development in the immediate 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 Victoria Arbors Master Plan Amendment does not conflict with the Land Use Policies of the General Plan and will provide for the logical development of the surrounding area; and PLANNING COMMISSION RESOLUTION NO. 08-59 DRC2007-00047 —AMERICAN BEAUTY DEVELOPMENT COMPANY October 22, 2008 Page 2 b. The proposed Victoria Arbors Master Plan Amendment will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and C. The proposed Victoria Arbors Master Plan Amendment is in conformance with the General Plan. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and recommends the City Council adopt a Mitigated Negative Declaration based upon the findings as follows: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission therefore is forwarding the proposed Mitigated Negative Declaration to the City Council for their final consideration as the adoption will reflect the independent judgment and analysis of the City Council. Based on their initial findings, the Planning Commission hereby recommends adoption of the Mitigated Negative Declaration by the City Council. C. The custodian of records for the Initial Study, Mitigated Negative Declaration and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. d. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. 5. Based upon the findings and conclusion set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of Victoria Arbors Master Plan Amendment DRC2007-00047 by adoption of the attached City Council Ordinance, as shown in the attached Exhibit A of the Ordinance. PLANNING COMMISSION RESOLUTION NO. 08-59 DRC2007-00047 —AMERICAN BEAUTY DEVELOPMENT COMPANY October 22, 2008 Page 3 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 occur as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. PLANNING COMMISSION RESOLUTION NO. 08-59 DRC2007-00047 —AMERICAN BEAUTY DEVELOPMENT COMPANY October 22, 2008 Page 4 • 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 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 residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. Biological Resources 1) The applicant shall protect the wetlands adjacent to the site and ensure that construction debris, fill, and water do not enter the wetland site. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new .developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend conditions of PLANNING COMMISSION RESOLUTION NO. 08-59 DRC2007-00047 —AMERICAN BEAUTY DEVELOPMENT COMPANY October 22, 2008 Page 5 approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. PLANNING COMMISSION RESOLUTION NO. 08-59 DRC2007-00047 —AMERICAN BEAUTY DEVELOPMENT COMPANY October 22, 2008 Page 6 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 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time 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) The developer shall implement the BMPs identified in the Water Quality Management Plan (WQMP) prepared by MDS Consulting, (January 3, 2007) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped PLANNING COMMISSION RESOLUTION NO. 08-59 DRC2007-00047 —AMERICAN BEAUTY DEVELOPMENT COMPANY October 22, 2008 Page 7 areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a WQMP, including a project description and identifying BMPs that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non- structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to issuance of Building Permits, the applicant shall submit to the Planning Director and Building Official for review and approval, building plans that demonstrate compliance with the noise attenuation recommendations of the acoustical engineer as contained in the Noise Analysis prepared by Mestre Greve Associates (April 11, 2008), and on file with the Planning Department. Any alternative methods proposed for mitigating noise impacts on the project shall be prepared by the acoustical engineer and presented to the City for review and approval by the Planning and Building Departments. 2) Exterior: A masonry wall, ranging in height from 3 feet to 5 feet, shall be constructed along the perimeter of the project for Lots 17 through 25 along Victoria Park Lane in accordance with the sound study and Exhibit S1 by Mestre Greve Associates. 3) Interior: Upon submittal of a Development Review application for house product on the subdivision, an interior noise analysis will be required demonstrating compliance with City's noise standards. The noise analysis shall include any necessary mitigation measures to reduce interior noise levels to City standards. 4) Construction or grading on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m., including Saturday, or at any time on Sunday or a national holiday. PLANNING COMMISSION RESOLUTION NO. 08-59 DRC2007-00047 —AMERICAN BEAUTY DEVELOPMENT COMPANY October 22, 2008 Page 8 5) 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. 6) The perimeter block wall shall be constructed as early as possible in first phase. 7) Haul truck deliveries on weekdays shall not take place between the hours of 8:00 p.m. and 6:30 a.m. 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. Planning Department 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 ay such action but such participation shall not relieve applicant of his obligations under this condition. APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER 2008. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: - Richard B. Fletcher, Chairman ATTEST: �' j,",/ Jam tM. Troyer, AICP, SecretSy PLANNING COMMISSION RESOLUTION NO. 08-59 DRC2007-00047— AMERICAN BEAUTY DEVELOPMENT COMPANY October 22, 2008 Page 9 I, James R. Troyer, AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of October 2008, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MUNOZ, STEWART, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HOWDYSHELL ORDINANCE NO. 08- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2007-00047, A REQUEST TO CHANGE THE PLAN FROM SCHOOL TO MIXED USE RESIDENTIAL TO BRING THE SITE INTO CONFORMANCE WITH THE GENERAL PLAN FOR 8.79 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF VICTORIA PARK LANE AND LONG MEADOWS DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0227-171-29 AND 30. A. Recitals. 1. American Beauty Development Company filed an application for Victoria Arbors Master Plan Amendment No. DRC2007-00047, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Amendment is referred to as "the application." 2. On October 22, 2008, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application DRC2007-00047 and issued Resolution No. 08-59, recommending the City Council approve the above listed application. 3. On , 2008, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on this application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the substantial evidence presented to this City Council during the above-referenced public hearing on , 2008, including written and oral staff reports, together with public testimony, this City Council hereby specifically finds as follows: a. The application applies to approximately 8.79 acres of vacant land that slopes from north to south. Said property is currently designated as School; and b. The project site is currently zoned School and is within the Victoria Arbors Master Plan. The properties surrounding the site are also in the Victoria Arbors Master Plan and specifically identified as single-family residential development to the north and east in the Low-Medium Residential (4-6 dwelling units per acre) District;single-family residential development to the south in the Low-Medium Residential (4-10 dwelling units per acre) Residential District; and Victoria Arbors Park and the wetlands to the west in the Park District; and C. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and d. This amendment does promote the goals and objectives of the Land Use Element by opening additional opportunities for families to have a choice of living environments; and CITY COUNCIL ORDINANCE NO. 08-XX VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2007-00047 — AMERICAN BEAUTY DEVELOPMENT COMPANY Page 2 e. This amendment would not be materially injurious or detrimental to the adjacent properties and would not have a significant impact on the environment, nor the surrounding properties as the amendment will allow for the subdivision and future construction of 31 single-family detached residential units. Also the surrounding properties are residentially zoned, and this amendment will be a natural fit with those zones; and f. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with the existing land use in the surrounding area. The amendment allows for the subdivision and future construction of 31 market rate single-family residential units on 8.79 acres of land and this zone change is compatible with the developments in the surrounding districts; and g. That the proposed amendment would not have significant impacts on the environment, nor the surrounding properties as the adjacent properties are residentially zoned and changing this district to Low-Medium Residential would allow for a natural transition between the zones; and h. That the proposed amendment is in conformance with the General Plan as the General Plan is currently zoned Mixed Use Low Residential District. SECTION 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above,the Victoria Arbors Master Plan Amendment is hereby amended to change the Victoria Arbors Master Plan Map (Exhibit 4-6 of the Victoria Arbors Master Plan) in words and figures as shown in the attached Exhibit A. SECTION 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 City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that,with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i)that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. C. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources CITY COUNCIL ORDINANCE NO. 08-XX VICTORIA ARBORS MASTER PLAN AMENDMENT DRC2007-00047 — AMERICAN BEAUTY DEVELOPMENT COMPANY Page 3 Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The City Council therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. SECTION 5: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portion of this Ordinance, the City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more section, subsections, clauses, phrases or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, circulated in the City of Rancho Cucamonga, California. Base Low,Rood 4a nn.m...xrr"no, Mixed use NAP n Mixed..- Use ixedUse �� Mixed to 4Vdlage Ceell Mixed Use Grammar 19 - Single NAP _ Mixed use Family Mixed Use StK+ Single Family 1-6/Acre Single Famih' a a 4fi/Acre 4fi/Acre, Liairur NAP wR MileFami Subject Site Siegle Family - 4fi/Acre Mixed use Temple Property Siegle Family Mixed Use 4-6/Acre NAP Mixed use Mixed use Single Family Single Family 4-6/Acre Mixed use 4-6/Acre Single Family 4.10/Acre Mixed use Single Family 4fi/Acre c lYLdiwn L_naity Mixed use z r `as .._ l:e�i!1=nt1Ll Single Family 9 Church Baeaf 4-10/Acre R. T e ap .3 J' �I2��1DL1� r x "Mixed Use ,High Density'- -sem'-' �Ib lil[i-Famil'� .. Legend ......x, m h .These Areer .MMer,,Wnned mi.el Use Cnmmerevi Reei...I Cerner xwral U.Cummereial R.xion.i Rd.ml V taxa Park Loop Y Mxedox Medmm Hixh Rrdemialor H eh Denain Senior Huumna Mixed- -. fixed us' 13 winrn pru'r, amme I' v ele- Mixed Use,wuaer Cerner Comment.1 mi.rd UWS1.11.RemJCnmmrreial (Med.Hieh De.sin an,or Cnmmrrei.) Foomill Boux,oml Ja T93 MiaN Ux Med.Nie6 RnMmlial Hieb Meta,Mohi4omin JI El Ose singleFamih.4-I0IAcm T (Eitheri Acm or iJalAcre) ❑ Mi.ea❑x Sioele Famih)-6l Acre VICTORIA ARBORS MASTER PLAN Base Line Road to Foothill Blvd. Exhibit A EXHIBIT 4B City of Rancho Cucamonga - ` MITIGATION MONITORING PROGRAM Project File No.: SUBTT18449 AND ARBORS MASTER PLAN AMENDMENT DRC2007-00047 This Mitigation Monitoring Program (MMP)has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration)for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action,what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management -The MMP will be in place through all phases of the project. The project planner, assigned by the Planning Director, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures -The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants'fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga — Lead Agency Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, MITIGATION MONITORING PROGRAM SUBTT18449 AND ARBORS MASTER PLAN AMENDMENT DRC2007-00047 August 27, 2008 Page 2 mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee)with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART 111) Project File No.: Tentative Tract SUBTT18449 Applicant: John Morrisette, Cucamonga 220 L.P. Initial Study Prepared by: Steve Fowler Date: July 17, 2008 Mitigation Measures No. Responsible Monitoring of Method of Verified Sanctions for MonitoringImplementing Action for Date/initials Non-Compliance Air Qu_alit70 r ; All construction equipment shall be maintained in good PD 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 PD/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 PD 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: Reestablish ground cover on the construction site BO C Review of plans A/C 2/4 through seeding and watering. 1 of 8 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verif ication Date/initials Non-Compliance • 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 practices. • 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 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 SCAQMD 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 4 soil-stabilizing agent (approved by SCAQMD and construction Regional Water Quality Control Board [RWQCB]) daily to reduce Fine Particulate Matter (PM,o) emissions, in accordance with SCAQMD Rule 403. 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,o 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 Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate high-efficiency/low-polluting heating, air conditioning,appliances, and water heaters. All residential and commercial structures shall be BO C/D Review of plans C 2/4 required to incorporate thermal pane windows and weather-stripping. h,... .e1 ;'�"" !»4"e x3 :4p?,.; :.5:: _ s'F."';Lq' 'iFY`;';'-�i;' .S p...:r+:k,c.. 5, - "ci:?•:,_:_ .. :-$;'� •,,�i: ' f�e�, . 9+T.�.. `.x^,`. .,;y,".'.j.. U'.r.e,•, . BiologicafResource ,Y_ ..fS - The applicant shall protect the wetlands adjacent to the PD C/D Review of Plans C/A 3/4 site and ensure that construction debris, fill, and water does not enter the wetland site. •:CUItLIraI'R050UrCe5 .- i 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 PD/BO C Review of report A/D 3/4 sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require PD/BO C Review of report A/D 3/4 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 PD/BO C Review of report A/D 3/4 archaeological heritage. Propose mitigation measures and recommend PD/BO C Review of report A/D 3/4 conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. 3of8 Mitigation Measures No./ Responsible Monitoring Timing of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prepare a technical resources management report, PD C Review of report A/D 3/4 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. If any paleontological resource (i.e. plant or animal PD B Review of report A/D 4 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 PD B Review of report A/D 4 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 BO B/C Review of report A/D 4 or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. Prepare, identify,and curate all recovered fossils for PD D Review of report D 3 documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho PD D Review of report D 3 Cucamonga. Transfer collected specimens with a copy to the report to San Bernardino County Museum. 4 of 8 Mitigation Measures No./ Responsible Monitoring Timing of of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance �Geolo9Y:and Sod�11s' �; >_ 1. The site shall be treated with water or other BO C During A 4 soil-stabilizing agent (approved by SCAQMD and construction RW QCB)daily to reduce PM,o emissions,in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. Frontage public streets shall be swept according to a BO C During A 4 schedule established by the City to reduce PM,o 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,o emissions. Hydrology-and Water.Quality ->< r4.-�r ''.� :' s o .Eo ^ ., •- .'r 8,.m,t (, oA'^-6�>, '' ra .:r .ru�'1 x (1 rru�' dv Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4 shall submit to the Building Official for approval a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 5 of 8 Mitigation Measures No. Responsible Monitoring Timing of of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date Anitials Non-Compliance An Erosion Control Plan shall be prepared, included in BO 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 ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures ata 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. During construction, temporary berms such as BO 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 60 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. The developer shall implement the BMPs identified in BO B/C/D Review of plans A/C 2/4 the Water Quality Management Plan (WQMP)prepared by MDS Consulting (January 3, 2007) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. Landscaping plans shall include provisions for BO 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. 6 of 8 Mitigation Measures No. Responsible of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prior to issuance of building permits, the applicant shall BO 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. Prior to issuance of grading or paving permits, the BO 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! "`�:.- a :4vi.g`�.'ID ,.$�,"'"a` ^g't"^;g+ s,� ',�,, sF. .", -�• ,,h �:.r# r. , � , ,i t a s'-S" c M, � 3 '�aW' i_ 's.:', . { ;r-„> ufim .'�k' ':'•. 1.rs<�ao -x";' m. 3 "" Ei '� e i atm z - 1 t 1�� "^' �4<Tu. Exterior: Install noise barriers that consist of a wall, a PD B/C Review of plans A/C 2/4 berm, or a combination of the two. The noise barrier must have a surface density of at least 3 1/2 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/8-inch plate glass, 5/8-inch plexiglass, any masonry material, or a combination of these materials. Masonry walls should be located at the top of the slope. Interior: No upgrade of windows is required to meet the PD B/C Review of plans A/C 2/4 City's 45CNEL interior noise standard but to achieve the required attenuation windows need to remain closed. Therefore, adequate ventilation is required for Lots 17 through 29 by use of air conditioning units while windows are closed. Construction or grading shall not take place between the BO C During A 4 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction including Saturday, or at any time on Sunday or a national holiday. 7of8 Mitigation Measures No. Responsible Monitoring Timing of of Verif led Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date finitials Non-Compliance Construction or grading noise levels shall not exceed the BO C During A 4 standards specified In Development Code Section construction 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. Haul truck deliveries shall not take place between the PO/BO C During A 4/7 hours of 8:00 p.m. and 6:30 a.m. on weekdays, construction 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 `sJ`,, ,, 11xx -tt.y. nSa �ctio�nSns,i.s. sible Pets Mdnitoring.Ftieluency.z ' Method'of-Verificaion, x 7�., CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map PD-Planning Director 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- Retion voke CUP 7-Cita 8 of 8