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HomeMy WebLinkAbout11-42 - Resolutions RESOLUTION NO. 11-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SUBTT18804, A REQUEST TO CREATE A TRACT MAP THAT INCLUDES 55 SINGLE- FAMILY LOTS AND 12 LOTS FOR CONDOMINIUM PURPOSES FOR A PROPOSED 119 UNIT DEVELOPMENT (55 SINGLE-FAMILY RESIDENCES AND 64 MULTI-FAMILY RESIDENCES) ON 18.7 GROSS ACRES OF LAND FOR A SITE LOCATED IN LOW-MEDIUM (LM) RESIDENTIAL DEVELOPMENT DISTRICT AT THE SOUTHWEST CORNER OF ARCHIBALD AVENUE AND 6TH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 0210-062-08. A. Recitals. 1. Lewis Investment Company, LLC filed an application for the approval of Tentative Tract Map SUBTT18804, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 14th day of September 2011, 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. 1 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 September 14, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The 18.7 acre site is located on the southwest corner of Archibald Avenue and 6th Street and is within the Low-Medium (LM) Development District. b. North (across 6th Street) of the site are single-family residences within the Low (L) Development District; to the south are single-family residences within the Low-Medium (LM) Development District; to the east (across Archibald Avenue) are light industrial buildings within the General Industrial (GI) Development District; and, to the west is a community park. C. The site is covered with remnant grape vines and 17 trees of various species; and d. The tentative tract map consists of 67 numbered lots and 4 lettered lots on which 55 single-family residences and 64 multi-family residences will be developed; and e. The project was designed to conform to the Low-Medium Innovative Product Optional Development Standards. PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The proposed design or improvements are consistent with the General Plan, Development Code, and any applicable specific plans; and C. The site is physically suitable for the type of development proposed; and d. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The project is not likely to cause serious public health problems; and 4. Based upon the facts and information contained in the application, together with all written and oral reports ,included for the environmental assessment for the application, the Planning Commission finds that no subsequent or supplemental environmental document is required pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Based on these findings, the Planning Commission hereby adopts the Mitigated Negative Declaration. C. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 3 which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval is for a tract map consisting of 67 numbered lots and 4 lettered lots related to the development of 55 single-family residences and 64 multi-family residences on 18.7 gross acres of land for a site located at the southwest corner of Archibald Avenue and 6th Street - APN: 0210- 062-08. 2) All perimeter walls exposed to public view shall be decorative and include a decorative pilaster where each side yard wall intersects the property line walls along Archibald Avenue and 6th Street. 3) Development of the single-family lots adjacent to the southern perimeter shall be limited to single-story construction. 4) Install a monument with a plaque designating the site as an Historic Point of Interest. The final design and location of the monument shall be approved by the Planning Director. Engineering Department 1) Archibald Avenue frontage improvements to be in accordance with City "Major Arterial" Street Design Standards. Development will be required to install missing improvements along the full frontage on Archibald Avenue including but not limited to: a) Remove existing sub-standard curb, gutter and install new curb and gutter at 36 feet from centerline, replace street pavement to centerline of street, install curvilinear sidewalk, 9500 Lumen HPSV street lights, access ramps and street trees. b) Provide other public improvements including traffic signing and striping. c) Remove and replace the existing curb return at southwest corner of Archibald Avenue and 6th Street. d) Provide, relocate, modify, protect, repair and replace as required all existing traffic signal equipment at southwest corner of Archibald PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 4 Avenue and 6th Street, including update of all legs of phase wiring throughout intersection to meet current standards, to the satisfaction of the City Traffic Engineer. e) Provide R-26 "No Parking" signs and additional traffic signing and striping, in accordance with Development Code 17.12.020. f) No residential driveways to Archibald Avenue. g) Curvilinear sidewalk shall remain within street right-of-way and join with corner returns in accordance with City Standards. h) Provide a southbound bus bay, south of 6th Street, per City Standard Plan No. 119, with curb adjacent sidewalk 6 feet wide where bus will stop. i) Southeast access street shall be signed as "EXIT Only" or "Emergency Access Only". 2) Ultimate street right-of-way for Archibald Avenue, measured from centerline of street, shall be 50 feet. Additional dedication will be necessary along the bus bay (minimum 7 feet with curb adjacent sidewalk). 3) 6th Street frontage improvements to be in accordance with City "Secondary Arterial" standards. Curb and gutter 32 feet from centerline and including: a) Fully improve the south side frontage of 6th Street. Provide curb and gutter, street pavement to centerline of street, property line adjacent sidewalk, access ramps and street trees. b) No residential driveways to 6th Street. c) Provide 9500 Lumen HPSV street lights. d) Provide R-26 (s), "No Stopping" signs along frontage. e) Provide traffic striping and signage, as required. f) Provide, relocate, modify, protect, repair and replace as required all existing traffic signal equipment in 6th Street as per the City Traffic Engineer. g) Proposed gated entrance on 6th Street is to be in accordance with the City's "Residential Project Gated Entrance Design Guide' standard. PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 5 h) Provide a striped left turn lanes for east/west traffic on 6th Street at Klusman Avenue/Project Entrance. 4) Ultimate street right-of-way for 6th Street, measured from centerline of street, shall be 44 feet. 5) All internal streets to be improved in accordance with City "Local' standards including: a) Provide curb and gutter, sidewalk, drive approaches, street pavement and street trees. b) Provide 5800 Lumen HPSV street lights. c) Provide traffic striping and signage. 6) The development requires installation of fiber optics conduits, vaults and manholes per City Standard Plans 135-137 on Archibald Avenue. Also, the improvement plans need to show the location and limits of the conduits, vaults and manholes with construction notes using Standard Plans 135-137. 7) The reduced cul-de-sacs shall be per City Std. 113. 8) The Citrus Tree Species are not acceptable within the public right-of-way on both Archibald Avenue and 6th Street. 9) No accent paving within the public right-of-way. 10) Corner property line cutoffs shall be dedicated per City Standards. 11) Since this is a gated community, the homeowners association shall maintain perimeter landscaping. Parkway landscaping on Archibald Avenue and 6th Street shall conform to the results of their respective Beautification Master Plans. Street trees on Archibald Avenue, 6th Street and the interior private streets shall be installed per the street improvement plans. 12) The existing overhead utilities (telecommunications and electrical, except for the 66 KV electrical) on the project side of 6th Street shall be undergrounded from the first pole east side of Archibald Avenue to the end of line pole 508 feet west of Archibald Avenue, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing 6th Street shall be undergrounded at the same time. In addition, an in lieu fee as contribution to the future undergrounding of the utilities on the opposite side of 6th Street shall be paid to the City prior to the issuance of building permits. The fee shall be one-half the difference between the undergrounding costs of the utilities on the opposite side of PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 6 the street minus those on the project side times the length from center of Archibald Avenue to the west project boundary. 13) The existing overhead utilities (telecommunications and electrical, except for the 66 KV electrical) on the project side of Archibald Avenue shall be undergrounded from the first pole on the north side of 6th Street to the end of line pole 278 feet south of 6th Street, prior to public improvement acceptance or occupancy, whichever occurs first. All services crossing Archibald Avenue shall be undergrounded at the same time. In addition, an in lieu fee as contribution to the future undergrounding of the utilities on the opposite side of Archibald Avenue shall be paid to the City prior to the issuance of building permits. The fee shall be one-half the difference between the undergrounding cost of the utilities on the opposite side of the street minus those on the project side times the length from center of 6th Street to the south project boundary. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 7 • 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. • 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 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 structures shall be required to incorporate high- efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 11) All residential structures shall be required to incorporate thermal pane windows and weather-stripping. 12) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM 2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 8 Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • Prepare a mitigation plan consistent with Section 21083.2 Archaeological resources of CEQA to eliminate adverse project effects on significant, important, and unique prehistoric resources, including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. • 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. PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 9 • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon 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. Greenhouse Gas Emissions 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil-stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contactor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures' specification. 3) Trucks shall not idle continuously for more than 5 minutes. 4) Alternative fuel powered equipment shall be utilized in lieu of gasoline- or diesel-powered engines where feasible. 5) Construction should be timed so as not to interfere with peak-hour traffic. 6) Ridesharing and transit incentives shall be supported and encouraged for construction crew. PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 10 7) The proposed project will comply with the updated Title 24 standards, including the new 2010 California Building Code (CBC), for building construction if any building interior improvements are required. In addition, the project would be required to comply with the requirements of Minimization Measure GCC-1, including measures to incorporate energy efficient building design features. 8) The project would be required to comply with the requirement of Minimization Measure GCC-1, including measures to increase water use efficiency. 9) Data available from the California Integrated Waste Management Board (CIWMB) indicates that the City of Rancho has not achieved the 50 percent diversion rate. The proposed project would be required to comply with Minimization Measure GCC-1, including measure to increase solid waste diversion, composting and recycling. 10) 'Vehicles that are used and purchased within the project site shall comply with any vehicle and fuel standards that the ARB adopts. 11) New products used or serviced on the project site shall comply with future ARB rules and regulations. 12) Construction and Building materials shall be produced and/or manufactured locally. Use "Green Building Materials' such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. 13) Design all buildings to exceed California Building Code Title 24 energy standard including but not limited to any combination of: • Increased insulation • Limit air leakage through the structure • Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances • Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems • Install light colored "cool" roofs and cool pavements • Install solar or light emitting diodes (LED's) for outdoor lighting. PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 11 14) Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. • Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, deal flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 15) Reuse and recycle construction and demolition waste. Provide interior and exterior storage areas for recyclables and green waste in public areas. Educate employees about reducing waste and about recycling. Hydrology and Water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 12 control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by (Modole/May 2011) to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any grading plans a construction-related noise mitigation plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) Construct an 8-foot high sound wall along Archibald Avenue. 3) 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. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise PLANNING COMMISSION RESOLUTION NO. 11-42 TENTATIVE TRACT MAP SUBTT18804 LEWIS INVESTMENT COMPANY, LLC September 14, 2011 Page 13 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. 5) The perimeter block wall shall be constructed as early as possible in first phase. 6) 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 14TH DAY OF SEPTEMBER 2011. P:LANN N MMISSLON F THE Cl RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: Y " Jame . Troyer, AICP, Secretary I, James R. royer, AICP of the of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 14th day of September 2011. AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAXACA ABSTAIN: COMMISSIONERS: NONE City of Rancho Cucamonga - ' MITIGATION MONITORING PROGRAM Project File No.: SUBTT18804, DRC2010-00960,Variance DRC2011-00168, and Tree Removal Permit DRC2011-00166 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 Mitigation Monitoring Program SUBTT18804, DRC2010-00960, VARIANCE DRC2011-00168, AND TREE REMOVAL PERMIT DRC2011-00166 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or responsible City department,to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible City department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Department. The Department shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or Planning Director prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC2010-00960 AND SUBTT18804 Applicant: LEWIS INVESTMENT COMPANY Initial Study Prepared by: Tabe van der Zwaag Date: August 17, 2011 ResponsibleMitigation Measures No.I of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Air Quality 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: 1 of 11 Mitigation Measures No. Responsible g of Method . 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 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 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 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 Particulate Matter (PMIO) 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. 2of11 Mitigation Measures No. Responsible of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 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. 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. All new development in the City of Rancho Cucamonga BO A/B Review of plans C/A 2/4 shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices(i.e.fireplaces/hearths)in new development on or after March 9, 2009. Cultural Resources 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 PD/BO C Review of report A/D 3/4 archaeological heritage of the area. 3of11 Mitigation Measures No.i Responsible of Verified Sanctions for 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. • Prepare a mitigation plan consistent with Section PD B/C Review of A/D 3/4 21083.2 Archaeological resources of CEQA to report/plans eliminate adverse project effects on significant, during important, and unique prehistoric resources, construction including but not limited to, avoiding archaeological sites, capping or covering sites with soil, planning the site as a park or green space or paying a in-kind mitigation fee. 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 developerwill 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. 4of11 Mitigation Measures No. Responsible of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance • Prepare, identify,and curate all recovered fossils for PD D Review of report D 3 documentation in the summary report and transferto an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to 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. 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 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. Greenhouse Gas Emissions The project must comply with all rules that assist in BO C During A 4 reducing short-term air pollutant emission in compliance Construction with SCAWMD Rule 403 regarding fugitive dust including treating the site with water or other soil- stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 5of11 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance The construction contactor shall select construction BO C During A 4 equipment based on low-emission factors and high Construction energy efficiency and submit a statement on the grading plan that ensures all construction equipment will be tuned and maintained in accordance with the manufactures specification. Trucks shall not idle continuously for more than 5 BO C During A 4 minutes. Construction Alternative fuel powered equipment shall be utilized in BO C During A 4 lieu of gasoline- or diesel-powered engines where Construction feasible Construction should be timed so as not to interfere with BO C During A 4 peak-hour traffic Construction Ridesharing and transit incentives shall be supported BO C During A 4 and encouraged for construction crew. Construction The proposed project will comply with the updated Title BO C Review of Plans C 2 24 standards, including the new 2010 California Building Code (CBC), for building construction if any building interior improvements are required. In addition, the project would be required to comply with the requirements of Minimization Measure GCC-1,including measures to incorporate energy efficient building design features. The project would be required to comply with the PD/BO/CE A Review of Plans C 2 requirement of Minimization Measure GCC-1, including measures to increase water use efficiency Data available from the California Integrated Waste CE A Review of Plans C 2 Management Board (CIWMB) indicates that the City of Rancho has not achieved the 50 percent diversion rate. The proposed project would be required to comply with Minimization Measure GCC-1, including measure .to increase solid waste diversion, composting and recycling. 6of11 Mitigation Measures No.I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Vehicles that are used and purchased within the project BO C During A 4 site shall comply with any vehicle and fuel standards that Construction the ARB adopts. New products used or serviced on the project site shall BO C During Review A 4 comply with future ARB rules and regulations. of Plans Construction and Building materials shall be produced BO A During C 2 and/or manufactured locally. Use "green Building Construction Materials" such as materials that are resource efficient, recycled and manufactured in an environmentally friendly way including low-volatile-organic-compound (VOC) materials. Design all buildings to exceed California Building Code BO A During C 2 Title 24 energy standard including but not limited to any Construction combination of: • Increased insulation • Limit air leakage through the structure Incorporate Energy Star or better rated windows, space heating and cooling equipment, light fixtures, and appliances Landscape and developed site utilizing shade, prevailing winds and landscaping • Install efficient lighting and lighting control systems Install light colored"cool" roofs and cool pavements ■ Install solar or light emitting diodes (LED's) for outdoor lighting. 7of11 Mitigation Measures No. Responsible of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance Prepare a comprehensive water conservation strategy appropriate for the project and include the following: • Install water efficient landscapes and irrigation systems and devices in compliance with the City of Rancho Cucamonga Water Efficient Landscape Ordinance. • Use reclaimed water for landscaping within the project if available and/or install the infrastructure to deliver and use reclaimed water. Design building to be water efficient by installing water efficient fixtures and appliances including low flow faucets, deal flush toilets and waterless urinals/water heaters. ■ Design irrigation to control runoff and to remove water to non-vegetated surfaces. Reuse and recycle construction and demolition waste. CE A Review of Plans C 2 Provide interior and exterior storage areas for recyclables and green waste in public areas. Educated employees about reducing waste and about recycling. Hydrology and Water Quality Prior to issuance of grading permits,the permit applicant BO B/C/D Review of plans A/C 2/4 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. 8of11 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials 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 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. 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 BO 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 prepared by (Modole/May 2011) 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. 9of11 Mitigation . . 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 Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs)that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 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 Dischargers Identification Number) shall be submitted to the City Building Official for coverage underthe NPDES General Construction Permit. Noise Prior to the issuance of any grading plans a PD A/C During review of A/D 2/4 construction-related noise mitigation plan shall be report and submitted to the City for review and approval. The Plan during grading shall depict the location of the construction equipment and construction and how the noise from this equipment would be mitigated during construction. Construct an 8 foot high sound wall along Archibald PD C C/A A 4 Avenue. 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. 10 of 11 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. 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 PD C During A 4 as possible in the first phase. construction 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 and include appropriate noise mitigation measures. 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 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-Revoke CUP F� 7-Citation i:\planning\final\ceqa\mmchklst-revl2-4-06final.doc 11 of 11 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTT18804 (AND DRC2010-00960) SUBJECT: TENTATIVE TRACT MAP AND DEVELOPMENT DESIGN REVIEW APPLICANT: LEWIS INVESTMENT COMPANY LOCATION: SWC ARCHIBALD AVENUE AND 6TH STREET -APN: 0210-062-08 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 Nos. 11-42, 11-43, 11-44,and 11-15, Standard Conditions,and all environmental mitigations shall be included on the plans(full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration - $2,094.00 B. Time Limits 1. This tentative tract map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the Engineering Services Department within 3 years from the date of the approval. I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\SUBTT18804 Stnd cond 9-14.doc 1 Project Nos.SUBTT18804 Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include site plans,architectural elevations, exterior materials and colors, landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and the Development Code regulations. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Director review and approval prior to the issuance of building permits. 3. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 4. Approval of this request shall not waive compliance with all sections of the Development Code,all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 5. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. 7. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 8. Street names shall be submitted for Planning Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map. 9. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 10. The Covenants, Conditions, and Restrictions(CC&Rs)shall not prohibit the keeping the equine animals where zoning requirements for the keeping of said animals have been met. Individual lot owners in subdivisions shall have the option of keeping said animals without the necessity of appealing to boards of directors of homeowners' associations for amendments to the CC&Rs. 11. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners'Association are subject to the approval of the Planning and Engineering Services Department and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Department a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 12. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners'association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 2 Project Nos.SUBTT18804 Completion Date 13. Solar access easements shall be dedicated for the purpose of assuming that each lot or dwelling _/_/_ unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a Declaration of Restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever comes first. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures, or any other object, except for utility wires and similar objects, pursuant to Development Code Section 17.08.060-G-2. 14. The developer shall submit a construction access plan and schedule for the development of all lots for Planning Director and Engineering Services Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 15. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter. 16. For residential development, return walls and corner side walls shall be decorative masonry. 17. For residential development, recreation area/facility shall be provided as required by the Development Code. D. Building Design 1. Standard patio cover plans for use by the Homeowner's Association shall be submitted for Planning Director and Building Official review and approval prior to issuance of building permits. E. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. For multi-family residential and non-residential development, property owners are responsible for _/_/_ the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition,and shall receive regular pruning,fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 3. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 4. All walls shall be provided with decorative treatment. If located in public maintenance areas,the design shall be coordinated with the Engineering Services Department. 3 Project Nos.SUBTT18804 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) F. 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 orseptic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number(i.e., SUBTT 18804)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. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Department staff for information and submittal requirements. G. 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., SUBTT18804). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition,the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 4 Project Nos.SUBTT18804 Completion Date H. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. I. Grading 1. Grading of the subject property shall be in accordance with California Building Code,City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets(measured from street centerline): 50 total feet on Archibald Avenue 2. Corner property line cutoffs shall be dedicated per City Standards. 3. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. 4. 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. 5 Project Nos.SUBTT18804 Completion Date K. Street Improvements 1. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of energy,fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 2. Construct the following perimeter street improvements including, but not limited to: Curb& A.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Archibald Avenue X X (c) X X X (e) 6t"Street X X X X X X Interior Streets X X X X X X (e) Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. (e) Access Ramps. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees,street lights,and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. C. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit,and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No.6 at intersections and No. 5 along streets,a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. 6 Project Nos.SUBTT18804 Completion Date f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving,which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend (box below) and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: "Street trees shall be installed per the notes and legend on sheet_(typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min. Grow Street Name Botanical Name Common Name Space Spacing Size Qty. Archibald Avenue Platanus acerifolia London Plane Tree 7' 40' O.C. 15 Gal Fill Foreground Tree in P.A. 8' or greater P.A. LESS THAN 8' Pyrus betulaefolia Dancer Flowering 3' 20' 0 C 15 Gal Fill "Paradise" Pear in UNDER POWER Lagerstroemia hybrid Pink-Red Crape 2' 20' 0.C. 24" Fill LINES "Tuscarora" Myrtle Hybrid Box in 6`" Street Magnolia NCN 5' 35' 0 C 15 Gal Fill P.A. 8' or more grandiflora in "Majestic Beauty" Streets A, B & C SELECT APPROPRIATE TREE FROM THE APPROVED STREET TREE LIST FOR RANCHO CUCAMONGA. LIST EACH STREET ASA SEPARATE LINE ITEM WITHIN THIS LEGEND Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 7 Project Nos.SUBT718804 Completion Date L. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the Engineering Services Department for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos,easements,trails or other areas shall be annexed into the Landscape Maintenance District: Archibald Avenue Beautification Master Plan 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the Engineering Services Department prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 3. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan: Archibald Avenue Beautification Master Plan M. 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. N. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system,water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District,and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits,whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. O. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all _/_/_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 8 Project Nos.SUBTT18804 Completion Date 2. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills,and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE FIRE SAFETY, DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 9 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.: SUBTT18804, DRC2010-00960, DRC2011-00168, AND DRC2011-00166 Public Review Period Closes: September 14, 2011 Project Name: Project Applicant: Lewis Investment Company, LLC Project Location: Located in Low-Medium (LM) Residential Development District at the southwest corner of Archibald Avenue and 6th Street -APN: 0210-062-08. Project Description: A request to create a Tract Map that includes 55 single-family lots and 12 lots for condominium purposes (64 multi-family residences) for a proposed 119-unit development on 18.7 gross acres of land including architectural review for the 64 multi-family residences and common buildings and a request to construct south property line walls up to 9 feet high due to a grade difference between the project site and the existing lots to the south related to Development Review DRC2010-00960 and a request to remove 17 trees related to Development Review DRC2010-00960 located in Low-Medium (LM) Residential Development District at the southwest corner of Archibald Avenue and 6th Street -APN: 0210-062-08. 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'Mitigate gati eI eclaration dur' review period. September 14, 2011 Date of Determination Adopted By