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2015/03/04 - Agenda Packet
Of-% e 1 city of N NGA JAY-..., .. 10500 Civic Center Drive Rancho Cucamonga, CA 91730-3801 City Office: (909)477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD SUCCESSOR AGENCY PUBLIC FINANCING AUTHORITY CITY COUNCIL WEDNESDAY, MARCH 4, 2015 REGULAR MEETINGS 1st and 3rd Wednesdays 7:00 P.M. ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander - Lynne B. Kennedy Diane Williams }c x CITY MANAGER John R. Gillison - : CITY ATTORNEY James L. Markman • t'.' s CITY CLERK Janice C. Reynolds . • CITY TREASURER James C. Frost `�� it 1. s INFORMATION FOR THE PUBLIC OCAMONGA TO ADDRESS THE FIRE BOARD,SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL The Fire Board,Successor Agency, Public Financing Authority and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others,the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Successor Agency, Public Financing Authority and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display visual material, please see the City Clerk before the meeting commences.Any handouts for the Fire Board, Successor Agency, Public Financing Authority or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any other"Public Communications"which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an"Advertised Public Hearing"or on an"Administrative Hearing"Item(s),your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Library(-ies) and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board,Successor Agency, Public Financing Authority and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings"on-demand"from their computers. The added feature of"Streaming Video On Demand"is available on the City's website at www.cityofrc.us/cityhall/council/videos.asp for those with Hi-bandwidth (DSL/Cable Modem) or Low-bandwidth (Dial-up) Internet service. The Fire Board,Successor Agency, Public Financing Authority and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m.in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board,Successor Agency,Public Financing Authority and City Council. Copies of the agendas and minutes can be found @ www.citvofrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND . ,, 1 L J CITY COUNCIL AGENDA OC4C.AMONGA ' MARCH 4, 2015 ITIP" Ilm."- A. 5:00 P.M. - CLOSED SESSION IF CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Kennedy and Williams CLOSED SESSION CALLED TO ORDER AS THE FIRE PROTECTION DISTRICT AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CITY MANAGER ANNOUNCEMENTS (NO DISCUSSION OR ACTION WILL OCCUR) ILE CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM I El. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEES, THE FIRE MANAGEMENT EMPLOYEES GROUP AND THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 2274.— CITY, FIRE E2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12949 WHITTRAM AVENUE (SOUTHEAST CORNER OF WHITTRAM AVENUE AND ETIWANDA AVENUE); NEGOTIATING PARTIES MARK STEUER, CITY ENGINEER AND LEN SANTORO, CBRE AND ORANGE TREE REALTY; REGARDING PRICE AND TERMS. — CITY E3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) — NUMBER OF CASES (1) - CITY F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, ;_ .: PUBLIC FINANCING AUTHORITY AND 2 JCITY COUNCIL AGENDA MARCH 4, 2015 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Kennedy and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Recognition of Deputy Stephen Kessler, School Resource Officer, for his distinguished service above and beyond the normal demands of law enforcement. H2. Recognition of Mr. Andy Sosinski, P.E., President of APG, Co. for his outstanding service in volunteering to provide electrical code training to the building inspectors in this region. H3. Presentation of a proclamation declaring the week of March 2-8, 2015 as National Multiple Sclerosis Awareness Week. I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board, Successor Agency and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board, Successor Agency and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board, Successor Agency and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor,depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board, Successor Agency or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND •���J CITY COUNCIL AGENDA Lti arcAfvioNGA MARCH 4, 2015 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. I� J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Consideration to approve Minutes of: February 18, 2015 (Regular Meeting) --- J2. Consideration to approve Check Register dated February 11, 2015 through February 24, 1 2015 for the total of $697,090.45. J3. Consideration to approve and authorize an increase to Contract No. FD14-186 in the amount 10 of $100,000.00 to Oakview Constructors, Inc. and approve Amendment No. 002 for the Fire District Capital Maintenance Project, for unforeseen circumstances in the remodeling,funded from Account No. 3288501-5602 and approve an appropriation in the amount of$100,000.00 from District Capital Reserves to Account No. 3288501-5602. K. CONSENT CALENDAR - SUCCESSOR AGENCY K1. Consideration to approve Minutes of: February 18, 2015 (Regular Meeting) L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Consideration to approve Minutes of: February 18, 2015 (Regular Meeting) --- M. CONSENT CALENDAR - CITY COUNCIL 1 Ml. Consideration to approve Minutes of: February 18, 2015 (Special Meeting) and February 18, 2015 (Regular Meeting). M2. Consideration to approve Check Register dated February 11, 2015 through February 24, 11 2015 and payroll ending February 24, 2015 for the total of $3,475,637.29. M3. Consideration to release Maintenance Guarantee Bond No. 1000964691 in the amount of 20 $16,813.20, for the 4th Street Pavement Rehabilitation from Milliken Avenue to Richmond Place project, Contract No. 13-254. M4. Consideration to release Maintenance Guarantee Bond No. 1001000079 in the amount of 22 $6,751.77, for the 24th Street at Deer Creek Channel — Bridge Repair project, Contract No. 13-129. M5. Consideration to approve Improvement Agreement Extension for Parcel Map 19448 and 24 DRC2013-00155 (Etiwanda Storm Drain), located In Etiwanda Avenue, between Sixth Street and Arrow Route, submitted by Goodman Rancho SPE, LLC. FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, g,n ;.,• PUBLIC FINANCING AUTHORITY AND 4 '� •`J CITY COUNCIL AGENDA •-• • _SAK,CliotocAmoN,L,A MARCH 4, 2015 RESOLUTION NO. 15-026 26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 19448 AND DRC2013-00155-ETIWANDA STORM DRAIN M6. Consideration to use Transportation Funds for Development Review DRC2006-01012, a 27 proposal to construct a 28,860 square foot warehouse/office building and associated parking on approximately 1.39 acres of land in the General Industrial District (Subarea 13), located at the northeast corner of 6"' Street and Charles Smith Avenue, by Carter Redish Architects on behalf of Chase Partners, LTD—APN: 0229-283-06 and 0229-271-33. M7. Consideration of approval of an Agreement with AEF Consulting Systems, Inc., for 30 continuation of services in support of the Information Services Division for FY 14/15. N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE 31 AMENDMENT DRC2014-00567—TURNER REAL ESTATE INVESTMENTS-A proposal to amend the Development Code to permit the construction of buildings in excess of 50,000 square feet on select parcels located within the Industrial Park (IP) District. Related files: Development Review DRC2014-00566 and Tree Removal Permit DRC2014-00845. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ORDINANCE NO. 873 (FIRST READING) 221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00567, A REQUEST TO AMEND THE DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF BUILDINGS IN EXCESS OF 50,000 SQUARE FEET WITHIN THE INDUSTRIAL PARK (IP) DISTRICT. 0. ADMINISTRATIVE HEARING ITEMS Speaker cards may be submitted for all those who wish to speak on the following topic(s). The following items have no legal publication or posting requirements. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Mayor,depending upon the number of individuals wishing to speak.All communications are to be addressed directly to the City Council, not to members of the audience. 01. Consideration of formation of West-side Community Facilities District (CFD) to fund parks, 226 landscaping, trails, and street lights in the City's West-side Neighborhoods. FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, �n .., . PUBLIC FINANCING AUTHORITY AND 5 r .4. .∎ •:; CITY COUNCIL AGENDA :. alGMONLJA MARCH 4, 2015 1 CITY MANAGER'S STAFF REPORTS CITY COUNCIL & FIRE DISTRICT The following items have no legal publication or posting requirements. P1. Consideration to approve specifications and authorization of the advertising of "Notice 238 Inviting Proposals"for the procurement of solar photovoltaic systems at various city facilities. — City, Fire District RESOLUTION NO. 15-027 241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS AND AUTHORIZING THE APPROVAL OF THE ADVERTISING OF "NOTICE INVITING PROPOSALS" FOR THE PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS AT VARIOUS CITY OF RANCHO CUCAMONGA FACILITIES P2. Consideration to approve a Resolution adopting a Side Letter amending the Memorandum 331 of Understanding with the Rancho Cucamonga Firefighters Local 2274 related to the Paramedic Pay Differential and Employee Contributions to the cost of the CALPERS Retirement Benefit.- Fire District RESOLUTION NO. FD 15-001 333 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 P3. Consideration to approve a Resolution adopting a Side Letter amending the Memorandum 338 of Understanding with the Rancho Cucamonga Fire Management Employees Group related to the Paramedic Pay Differential and Employee Contributions to the cost of the CALPERS Retirement Benefit.- Fire District RESOLUTION NO. FD 15-002 339 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP Q. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. Q1. INTER-AGENCY UPDATES (Update by the City Council to the community on the --- meetings that were attended.) I FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, r PUBLIC FINANCING AUTHORITY AND 6 '• J CITY COUNCIL AGENDA MARCH 4, 2015 Q2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) I R. IDENTIFICATION OF ITEMS FOR NEXT MEETING S. ADJOURNMENT I,Marie Macias, MMC,Interim City Clerk Services Director of the City of Rancho Cucamonga, or my designee,hereby certify that a true,accurate copy of the foregoing agenda was posted on February 26, 2015, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California, and on the City's website. February 18, 2015 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL MEETING MINUTES I A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council was held on Wednesday, February 18, 2015, in the Tri-Communities Room at City Hall located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 2:00 p.m. Present were Councilmembers: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Bill Wittkopf, Public Works Services Director; Jeff Bloom, Deputy City Manager/Community and Economic Development; Candyce Burnett, Planning Director; Nettie Nielsen, Community Services Director; Mark Steuer, Director Engineering Services/City Engineer; Veronica Fincher, Animal Services Director; Tamara Layne, Finance Director; Erika Lewis-Huntley, Management Analyst II; Fabian Villenas, Principal Management Analyst; Francie Palmer, Communication Manager and Marie Macias, Interim City Clerk Services Director. B. PUBLIC COMMUNICATIONS I No communication was made from the public. I C. ITEM(S) OF BUSINESS I Cl. Review of Results from the West-Side Parks and Street Lighting Districts Public Engagement Project and Consideration Regarding Next Steps John Gillison, City Manager, provided a history of the City's Assessment Districts dating back to 1985. He advised that at the conclusion of the study session, staff would be asking the City Council to consider staff's recommendation over the next two weeks and come back for a formal vote on March 4, 2015. Lori Sassoon, Deputy City Manager/Administrative Services, introduced Ruth Bernstein, Principal, EMC; Pablo Perez, Director, NBS; and Mrunal Shah, Attorney, Best, Best & Krieger, and stated that they were available to respond to any questions from the Council. Ms. Sassoon provided background information on the Assessment District structures, as well as a summary of the West-Side Districts. She noted that there were 28,400 parcels in the West-Side Districts, with ten parks, and that the rates had remained the same since 1993. She mentioned that budgets were currently balanced due to significant maintenance cuts, which had brought the service level down to a "D" in most cases. She mentioned that the City provided Story Maps of Neighborhood Improvements on the City's website, which were a great resource to the public. She discussed West-Side efforts to date, focusing on two community surveys which had been conducted in January and December, 2014. * DRAFT * February 18, 2015 I City Council Special Meeting Minutes City of Rancho Cucamonga I Page 1 of 4 Ms. Ruth Bernstein provided details surrounding the surveys conducted in January and December, 2014. She explained that the focus had been on the four largest districts, and that there had not been much change throughout the years, even with the outreach that had been done. The focus of her discussion was on the residential property owner surveys, noting that there was quite a bit of "anti- tax" sentiment, and little awareness of the amount of the current assessment fees paid. Councilmember Alexander inquired and Ms. Bernstein responded that the surveys had been conducted via telephone to approximately 22,000 individuals. She informed that 750 interviews had been completed as part of the first survey, which was normal. She explained that numbers were very similar during the second survey, as well as the responses, even though the participants were not the same. She noted that the residents' trust in the City remains very high, and that the vast majority feel that parks, trails, and facilities are well maintained. She stated that the margin of error was ±3.0%. With respect to a proposed ballot measure, Ms. Bernstein informed that in January, 2014, 32% had responded that they would vote in favor and 56% had responded that they would vote in opposition. In December, 2014, 35% had responded that they would vote in favor and 55% had responded that they would vote in opposition. She stressed the need to educate voters to provide them with an understanding of what the tax would do for them. She mentioned that after hearing additional information, West-Side voter support had increased by nearly 15 points (60% in favor and 33% opposed). Ms. Bernstein advised on the steps that could be taken to increase the chance of having the voters approve this ballot measure, noting that it would require a two thirds vote. Councilmember Alexander stated that it made more sense for the public to place the initiative measure on the ballot, since the public does not trust government. This led to discussion regarding time constraints and how this would affect the City. Erika Lewis-Huntley, Management Analyst II, provided information on how the City could move forward and advised that staff was recommending a West-Side Community Facilities District (CFD) as the most viable option for a long—term revenue source. She provided an overview of the proposed CFD, noting that it would consist of a single residential rate of $89 per unit, which would increase to $178 upon sale. She advised that non-residential rates would vary, $740 per acre developed and $50 per acre undeveloped, and that low income seniors would be entitled to a discount of 50%; senior housing units at 50% rate; non-taxable parcels exempt, targeting November 2015 for a special election. If approved, the CFD would restore the service level to a "B" and would increase the operating budget from $4 million in Fiscal Year 2014/15 to $5.8 million. Ms. Lewis-Huntley advised that the Citizens' Oversight Committee would be expanded to include review of the new CFD; all revenues would be deposited into a separate fund; revenues could only be spent to maintain or improve the local community's parks, lighting, and landscaping; and that annual independent audits would be published. She provided examples of possible improvements to the West-Side parks. It was noted that these were examples only, and that the public could provide feedback during community meetings to determine what they would prefer to have done. She also discussed the urgency to act on this immediately or the City could face a significant negative impact to its parks if nothing was done. Mayor Michael inquired and Bill Wittkopf, Public Works Services Director, responded that the City did not have the required funding to repair irrigation lines at this time. * DRAFT * February 18, 2015 I City Council Special Meeting Minutes City of Rancho Cucamonga I Page 2 of 4 Mayor Pro Tern Spagnolo inquired and Ms. Bernstein replied that their firm had worked with many communities in the past who were seeking to increase revenues in similar situations, and had to re- evaluate what they should do. Should the City decide to put a measure on the ballot, she recommended the City hire a consultant. This led to discussion regarding limitations on campaigning and how these limitations could be addressed. The following staff recommendations were made for Council's consideration: 1. Discuss and consider the CFD option. It's not an easy option, but appears to be the best option at this time. 2. Return on March 4 for decisions regarding how to proceed. 3. Staff will continue to refine details on CFD option (election timing, public information and election costs, etc.) John Gillison, City Manager, stressed the urgency of this matter, and compared it to running a marathon, noting the importance of being well prepared. He advised that in order to succeed in placing a measure on the ballot in November, a decision would have to be made in March, to allow enough time for preparation. Discussion then ensued with respect to ballot arguments, campaigning, and election timelines. Council Member Kennedy thanked staff for the information provided. She stressed the need for all Council Members to be in agreement with respect to the ballot measure and not work against each other. She inquired and Ms. Sassoon informed that the $89 fee would only change if the budget were to change. Mayor Michael confirmed that the meeting of March 4 would include discussion as to whether or not the City Council would like to proceed with the CFD. He stated that he did not want to wait for the service level to drop down to"F" level, which would cause the public to question why the Council didn't act on this sooner. Council Member Williams inquired and City Manager Gillison advised that previously, with the Landscape and Lighting District, a Blue Ribbon Committee had been formed, but the measure had failed to move forward and the committee had been disbanded. He indicated that the members of the Blue Ribbon Committee had been notified of the Study Session and that they would have an opportunity to come forward if they so desired. Lori Sassoon, Deputy City Manager/Administrative Services, informed that this matter would be placed on social media to obtain feedback. And, City Manager Gillison informed that staff would notify the park user groups that the City Council would be considering this item. Council Member Kennedy asked, and City Manager Gillison clarified that this was the appropriate time for the City Council to ask questions in order for staff to have the answers prior to the meeting on March 4. Mayor Michael inquired and Ms. Sassoon advised that staff would prepare talking points for the Council. Discussion ensued regarding concerns voiced by Council Member Alexander, and the fact that the entire Council should be privy to those concerns previously discussed with the City Manager. * DRAFT * February 18, 2015 I City Council Special Meeting Minutes City of Rancho Cucamonga I Page 3 of 4 City Manager Gillison shared that Council Member Alexander had expressed concern with the need for more outreach to the community and a more inclusive process to ensure that the public's voice was heard with respect to proposed improvements. He mentioned that another concern was with the reductions in water usage and reflecting this in the budgets. He explained that yes, this information was reflected in the budgets, and noted that this would be included as part of a "FAQ" with dollar figures. He added that staff could take the top items from the needs assessment so that Council could see how the surveys were all in alignment. Council Member Alexander suggested that he could meet with City Manager Gillison to transcribe notes so that all Council Members were aware of his concerns. Motion by Council Member Williams, seconded by Mayor Pro Tern Spagnolo, approving the staff recommendation to provide direction to staff at the next regularly scheduled City Council Meeting on March 4, 2015 in open session. Motion carried 5-0. I D. ADJOURNMENT The meeting adjourned at 3:40 p.m. Respectfully submitted, Marie Macias, MMC Interim City Clerk Services Director Approved: * DRAFT * February 18, 2015 I City Council Special Meeting Minutes City of Rancho Cucamonga I Page 4 of 4 February 18, 2015 CITY OF RANCHO CUCAMONGA CLOSED SESSION, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES A. CALL TO ORDER I The Rancho Cucamonga City Council held a regular closed session on Wednesday, February 18, 2015 in the Tapia Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tem Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney Jim Markman; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services and Jeff Bloom, Deputy City Manager/Economic and Community Development. B. ANNOUNCEMENT OF CLOSED SESSION ITEM I The following closed session items were considered: El. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE EXECUTIVE MANAGEMENT EMPLOYEES, THE FIRE MANAGEMENT EMPLOYEES GROUP AND THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 2274.— CITY, FIRE C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No public communications were made. D. CITY MANAGER ANNOUNCEMENTS I No discussion or action was taken. F. RECESS I CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY, HOUSING SUCCESSOR AGENCY, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The closed session recessed at 6:20 p.m. with no action taken. * DRAFT * February 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga Page 1 of 7 Y 9 I 9 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBER The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Public Financing Authority and City Council reconvened in the City Council Chamber at the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Council Members: Bill Alexander, Lynne Kennedy, Diane Williams, Mayor Pro Tern Sam Spagnolo and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Jim Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Tamara Layne, Finance Director; Jeff Bloom, Deputy City Manager/Economic and Community Development; Candyce Burnett, Planning Director; Mark Steuer, Engineering Director/City Engineer; Bill Wittkopf, Public Works Services Director; Nettie Nielsen, Community Services Director; Danielle Boldt, Police Chief; Fabian Villenas, Principal Management Analyst; Francie Palmer, Communication Manager; Donna Finch, Management Analyst I; Marie Macias, Interim City Clerk Services Director and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Administration of Oath of Office to newly appointed Park and Recreation Commissioner Dianna Lee. Mayor Michael administered the Oath of Office to Ms. Dianna Lee, newly appointed Park and Recreation Commissioner. The Mayor and Council Members congratulated Ms. Lee on her appointment. H2. Recognition of Deputy Josh Payne for his exemplary service to the City of Rancho Cucamonga. Danielle Boldt, Police Chief, introduced Deputy Josh Payne and expressed appreciation for his hard work and dedication. Mayor Michael read and presented a Certificate of Recognition to Deputy Payne recognizing him for his efforts, which led to the apprehension of a bank robbery suspect in December, 2014. H3. Presentation of a proclamation to Linda D. Daniels, Assistant City Manager, in honor of her receiving the League of California Cities John H. Nail Award. John Gillison, City Manager announced that Linda Daniels, Assistant City Manager, had been nominated for the League of California Cities' annual John H. Nail Award and that she had been selected as the winner of the award at the League Conference. He recognized her for 30+ years of service in local government and all her contributions to the City of Rancho Cucamonga. He noted that Linda is an exemplary example of an Assistant City Manager and truly has the community at heart. Mayor Michael read and presented Mrs. Daniels with a proclamation in honor of having received the award. He and the Council commended her for her many qualities. * DRAFT * February 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 7 H4. Presentation of Certificate of Sympathy to Joe and Mike Annunziato, sons of Frank Annunziato Mayor Michael presented a Certificate of Sympathy to Joe and Mike Annunziato, and expressed condolences on behalf of the City. He informed that he would be calling for a moment of silence in honor of Mr. Annunziato at the conclusion of the meeting. I. PUBLIC COMMUNICATIONS 11. David Dykstra commented on the City's failure to fulfill its promise to develop a "No Kill" animal shelter in Rancho Cucamonga. 12. Delores Martin stated that she works in the Public Relations Department at Western Memorial. She spoke about untimely deaths of young children and adolescents, as a result of unfortunate accidents, as well as the devastation that their loved ones suffer when they are not prepared. She made herself available to discuss options with any interested individuals. 13. Pastor William Martin spoke about the National Day of Prayer and stressed the need for prayer in the world. He invited everyone to participate in the event, scheduled to take place at the Victoria Gardens Cultural Center on May 7 from 12:00 to 2:00 p.m. 14. Allison Kreider read a portion of an article pertaining to "No Kill" animal shelters and expressed concerns with the City's animal shelter. 15. Dana Keithly commented on the article read by Ms. Kreider and shared a short video of an occurrence at the City's animal shelter during their open house, involving a supporter of the animal shelter. She stressed the need for additional volunteers at the shelter to help take care of the animals. 16. Nicole Myerchin expressed various concerns with respect to the animal shelter, the Animal Services Director, procedures for hiring volunteers, and requested a written response on the legality associated with Ms. Kryder being singled out for not meeting the volunteer time requirements. 17. Ms. Dravis expressed concern with all the issues surrounding the City's animal shelter. 18. John Lyons expressed concerns regarding the animal activists and stated that he would like to see the animal shelter issue placed on a ballot for a public vote. 19. Susan Keithly stated that she was one of the dismissed volunteers and disagreed with comments made by Mr. Lyons. She stated that it's the City that wants more money from its citizens. * DRAFT * February 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 7 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Consideration to approve Minutes of: February 4, 2015 (Regular Meeting) J2. Consideration to approve Check Register dated January 28, 2015 through February 10, 2015 for the total of $209,021.24. J3. Consideration to receive and file current Investment Schedule as of January 31, 2015. J4. Consideration to award the purchase of one (1) Type I Fire Engine, as budgeted for the Fire Protection District, from KME Kovatch of California, in the amount of$615,462.84 in accordance with RFP #14/15-103, from Account No. 3288501-5604 (Capital Outlay-Vehicles) and approve an appropriation in the amount of $55,470.00 from District Capital Reserves to Account No. 3288501-5604. J5. Consideration to Cancel the Fire Protection District, Successor Agency, Public Financing Authority and City Council on April 15,2015 and Schedule a Special Board Meeting at 8:00 p.m. on April 15, 2015. MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Williams, to approve the staff recommendations in the staff reports for Consent Calendar Items J1 -J5. Motion carried 5-0. K. CONSENT CALENDAR - SUCCESSOR AGENCY K1. Consideration to approve Minutes of: February 4, 2015 (Regular Meeting) K2. Consideration to Cancel the Fire Protection District, Successor Agency, Public Financing Authority and City Council on April 15, 2015 and Schedule a Special Board Meeting at 8:00 p.m. on April 15, 2015. MOTION: Moved by Council Member Williams, seconded by Mayor Pro Tem Spagnolo, to approve the staff recommendations in the staff reports for Consent Calendar Items K1 — K2. Motion carried 5-0. L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY L1. Consideration to approve Minutes of: February 4, 2015 (Regular Meeting) L2. Consideration to Cancel the Fire Protection District, Successor Agency, Public Financing Authority and City Council on April 15, 2015 and Schedule a Special Board Meeting at 8:00 p.m. on April 15, 2015. MOTION: Moved by Council Member Williams, seconded by Council Member Kennedy, to approve the staff recommendations in the staff reports for Consent Calendar Items L1 —L2. Motion carried 5-0. * DRAFT * February 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 7 M. CONSENT CALENDAR - CITY COUNCIL Ml. Consideration to approve Minutes of: January 13, 2014 (Special Meeting), August 14, 2014 (Special Meeting) and February 4, 2015 (Regular Meeting). M2. Consideration to approve Check Register dated January 28, 2015 through February 10, 2015 and payroll ending February 10, 2015 for the total of $5,607,937.89. M3. Consideration to receive and file current Investment Schedule as of January 31, 2015. M4. Consideration to Cancel the Fire Protection District, Successor Agency, Public Financing Authority and City Council on April 15,2015 and Schedule a Special Board Meeting at 8:00 p.m. on April 15, 2015. M5. Consideration of the request to appropriate funds in the amount of $20,090, plus a 10% contingency in the amount of $2,009, for geotechnical services to be conducted by Leighton Consulting, Inc. for Southwest Cucamonga Park, to be funded by a Proposition 84 grant, into revenue account 1235000-4740 (Grant Income) and expenditure account 1235305- 5300/1754235-0 (Contract Services). M6. Consideration to terminate Contract CO 14-145 for security guard services with Allied Barton Security Services, LLC of Riverside, California effective March 31, 2015; award a contract effective April 1, 2015 through June 30, 2015, in the amount of$90,000 to the most responsive bidder,Allied Barton Security Services, LLC of Riverside, California, in accordance with Request for Proposal (RFP) #14/15-105 for Security Guard Services to be funded from Facilities Maintenance, Landscape Maintenance Districts 1, 2, 3B, 4R, 7, 9 and 10, Sports Complex and Library accounts; award a contract effective July 1, 2015 through June 30, 2016, in the amount of$335,000, renewable in one year increments up to a total of five years,to the most responsive bidder,Allied Barton Security Services, LLC of Riverside, California, in accordance with Request for Proposal (RFP) #14/14-105 for Security Guard Services to be funded from various City accounts contingent on the approval of the FY 2015-2016 budget. M7. Consideration of approval of Amendment No. 001 (Contract CO#13-247) with Architerra Design Group of Rancho Cucamonga, for landscape architectural design services for the development of landscape construction drawings for the "Civic Center Landscape Renovation" project in an amount not to exceed $72,900 to be funded from account 1025001-5607 (Capital Reserve) as approved in the FY 2014-2015 budget. M8. Consideration to reject bid for the `Traffic Signal and Safety Lighting Maintenance Contract" as non-responsive to the needs of the City. M9. Consideration of approval to authorize the advertising of the "Notice Inviting Bids" for the construction of the Etiwanda Creek Park Sidewalk Improvement Project, to be funded from Park Development Fund, Account No. 11203055650/1861120-0. RESOLUTION NO. 15-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ETIWANDA CREEK PARK SIDEWALK IMPROVEMENT PROJECT," IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS * DRAFT * February 18, 2015 1 Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga 1 Page 5 of 7 M10. Consideration to accept and to allocate $1,000 grant awarded by the 2015 YALSA/Best Buy Teen Tech Week Grant Revenue Account 1290000-4740/0-3763 and appropriate $1,000 into expenditure account 1290601-5200/0-3763 for"Teen Tech Week DJ Workshops" Project. MOTION: Moved by Council Member Alexander, seconded by Council Member Williams, to approve the staff recommendations in the staff reports for Consent Calendar Items M1 through M10. Motion carried 5-0. N. CITY MANAGER'S STAFF REPORTS CITY COUNCIL & FIRE DISTRICT The following items have no legal publication or posting requirements. N1. Receive Midyear Budget Update Report. Tamara Layne, Finance Director, provided the Midyear Budget Update Report. She reported that the City's operating budget for expenditures was performing well as of midyear, and was consistent with the prior year. She reported that generally, revenues were on track with, or slightly ahead of, projections and expenditures were on track with, or slightly below, historical norms. MOTION: Moved by Council Member Alexander, seconded by Council Member Kennedy, to receive and file the report. Motion carried 5-0. 0. COUNCIL BUSINESS , The following items have been requested by the City Council for discussion. 01. SELECTION OF DELEGATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT'S (SCAG) GENERAL ASSEMBLY. Donna Finch, Management Analyst I, presented the report to the City Council and requested the Council select a delegate for the Southern Califiornia Association of Governments (SCAG) general assembly. She informed that the City does not have a Regional Council Member that serves on the SCAG Board; however, she noted that Council Member Williams serves on SCAG's Energy and Environment Committee. MOTION: Moved by Mayor Pro Tem Spagnolo, seconded by Council Member Alexander, appointing Council Member Williams as the Delegate to represent the City of Rancho Cucamonga at the SCAG General Assembly. Motion carried 5-0. 02. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) There were no updates. 03. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Kennedy expressed appreciation for the mid-year budget report. * DRAFT * February 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 6 of 7 Council Member Williams announced that she was still wearing red, since April had been designated as Women's Heart Health Month. She discussed the differences in women's heart attacks compared to heart attacks in men. She encouraged women who have experienced tingling in the arms or legs, nausea, shortness of breath, lightheadedness,jaw pain or extreme fatigue to go see a doctor. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. S. ADJOURNMENT Mayor Michael announced that the meeting would be adjourned in memory of Frank Annunziato. He spoke about Frank Annunziato,who was born on June 27, 1929 and passed on January 19,2015. Mayor Pro Tern Spagnolo also said a few words about Frank, and said that he would be missed. The Mayor called for a moment of silence in honor of Mr. Annunziato. The meeting was adjourned at 8:26 p.m. Respectfully submitted, Marie Macias, MMC Interim City Clerk Services Director Approved: * * ' ' ' * DRAFT * February 18, 2015 I Closed Session, Fire Protection District, Successor Agency, Public Financing Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 7 of 7 N 1 O_ H C:) 1-1 1-1 ro 0 ti co upti nt� ° �i cc) d tt cp o L 4 rr1 e --zJ 0 -t N O ro -, 0• rci-s' ti CD • Z S IS aq O o ct o - P o • ti ^ t 0 Ca • F--;' Q '. o C0 • 'S. a -s. o 0 '' A R CPC) Gti CI;? • et Z CJ Z fl 0 cioz `yadoW fo (fnp,11/7 spy;paxffv aq 01 nXuouman3 oyoung fo (firs ay1 fo jnas ay;pasnvo pun puny 421/1138 oluna2a1/ ann1/ `vrudofl/n3 `oXuotunanD oyaund fo din ay; fo j/3unop (fflj 21/1 `d02183HM SS3Ai.LIM NI spy fo aadf pj2o41 v o1 2280/3 sn&tout djay pun itr21u24Olw ayi u/olol sivapsad jjn saXo.rnoaua pun `ssauadnnan SIN ualyXiay o1 auop sny r(ia/oog s/8022/3S a/dli/11LV/nuoiJON amp daidnto nludofrj07 miayplo5 ay; a/20M ajgvdlurpn ay; fo 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mammal; 'uopuanadd Suinsdnd 'f/ssa/luajad `1104n9s0a sin fo aa4of 8uygap n uaaq soy 4flapo5 818042/05 a/dzijnf jnuoF10N 01/7 9176! aau/8 `Sv,7ynHM pun `unaouvun u/nwad as0as/p Sup07/ggap ua;fo sup aof amna pun asnno a1/)pun OS pun oz fo sago ail uaamtaq svjnpn 8unwf saapais£jjndaua8 goyim SIN 1/1/M Sumnpl 040 adldulg punlul ail u/ ajdoad 000`17 daao 701/1 8210u111sa ((ta/ao8 8/8022pS ajdtl/nyy jnuopay alp fo aaldnp n/u.oftjnj udaylnoS 21/7 `SE1.7213HM pun `aplapjdom ajdoad uo/jput f7 8upoaffn `tualsifs sno44au 1n41uao alp fo asnaslp/00/80/odnau n s/ (Spy)8/8042/08 ajdti/nut `Sb',7yg pun .`suazyp s1/ ljn fo 1/1/041/ alp 8u/dnoas pun 8upoutodd o1 pamututoo s/nXuoutnon3 oyaung fo d)/3 21/1 `S TIW3rHM 1101)13UIC[30 J CITY OF RANCHO CUCAMONGA P1 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 2/11/2015 through 2/24/2015 Check No. Check Date Vendor Name Citl, Fire Amount AI' 00355367 02/11/2015 A AND R TIRE SERVICE 2,314.91 0.00 2,314.91 _ AP 00355368 02/11/2015 A&V SOFTBALL 3,753.00 0.00 3.753.00 AP 00355369 02/11/2015 A'IONTLE, ROSE ANN 201.80 0.00 201.80 Al' 00355370 02/11/2015 ADOBE ANIMAL HOSPITAL 500.00 0.00 500.00 AI' 00355371 02/11/2015 ADVANCED CHEMICAL TRANSPORT - 1,026.00 0.00 1,026.00 AP 00355372 02/11/2015 ADVANCED UTILITY SYSTEMS CORP. 7,500.00 0.00 7,500.00 AP 00355373 02/11/2015 AEI-CASC CONSULTING 4.817.02 0.00 4,817.02 AP 00355374 02/11/2015 AFSS 2015 CONFERENCE 0.00 500.00 500.00 Al' 00355375 02/I1/2015 ALLSTAR FIRE EQUIPMENT INC 0.00 1,131.95 1,131.95 A P 00355376 02/11/2015 ALPI-IAGRAPHICS 22.68 0.00 22.68 Al' 00355377 02/11/2015 ALTA I.OMA ANIMAL HOSPITAL 1.250.00 0.00 1.250.00 Al' 00355378 02/112015 AMERICAN PLANNING ASSOCIATION 400.00 0.00 400.00 AP 00355379 02/I 1/2015 AMTECH ELEVATOR SERVICES 223.71 0.00 223.71 AP 00355380 112/11/2015 ANDERSON.JOHN 510.00 0.00 510.00 Al' 00355381 02/11/2015 AN"TECII DIAGNOSTICS 2,077.10 0.00 2,077.10 Al' 00355382 02/11/2015 AOL LEGAL, DEPARTMENT 50.00 0.00 50.00 Al' 00355383 02/11/2015 APACHE TRAILER INC 1.861.00 0.00 1.861.00 Al' 00355384 02/11/2015 ARCHIBALD PET HOSPITAL, 175.00 0.00 175.00 Al' 00355385 02/11/2015 ARMA INTERNATIONAL, 215.00 0.00 215.00 Al' 00355386 02/112015 BANK OF AMERICA MERRILL LYNCH 0.00 313,798.41 313.798.41 AP 00355387 02/11/2015 BANK OF AMERICA MERRILL LYNCH 0.00 86,828.06 86.828.06 AP 00355388 02/11/2015 BARBARA'S ANSWERING SERVICE 1.178.83 0.00 1,178.83 Al' 00355389 02/I 1/2015 BASELINE ANIMAL HOSPITAL 950.00 0.00 950.00 Al' 00355390 02/11/2015 BAYER HEALTHCARE LLC 175.39 0.00 175.39 AI' 00355391 02/11/2015 BECHTEL INFRASTRUCTURE AND POWER CORP 23.55 0.00 23.55 Al' 00355392 02/11/2015 BELLES PRIN'T'ING EXPRESS INC. 513.00 0.00 513.00 AP 00355393 02/11/2015 BERNELL.HYDRAULICS INC 246.78 0.00 246.78 AP 00355394 (12/11/2015 BRUNSWICK DEER CREEK LANES 62.60 0.00 62.60 • Al' 00355395 02/11/2015 CALIFORNIA LIBRARY ASSOCIATION 1,750.00 0.00 1,750.00 Al' 00355396 02/11/2015 CAPITAL ONE COMMERCIAL 921.08 0.00 921.08 AP 00355397 02/11/2015 CAI'ITAI,ONE COMMERCIAL 0.00 250.88 250.88 AP 00355398 02/11/2015 CAI'RCBM 225.00 0.00 225.00 AP 00355399 02/11/2015 CAR QUEST AUTO PARTS 218.24 52.90 271.14*** Al' 00355400 02/11/2015 CAI2lY.DIANE 783.00 0.00 783.00 AP 00355401 02/11/2015 CHAFFEY JOINT UNION HIGH SCHOOL DIST 8.16 0.00 8.16 AP 00355402 02/11/2015 CHICAGO TITLE 280.00 0.00 280.00 Al' 00355403 02/11/2015 CHINO MOWER AND ENGINE SERVICE 0.00 52.00 52.00 Al' 00355404 02/11/2015 CLARK.KAREN 858.60 0.00 858.60 Al' 00355405 02/11/2015 CLEARWATER GRAPHICS INC 248.72 0.00 248.72 AP 00355406 02/11/2015 COMPRESSED AIR SPECIALTIES 0.00 237.50 237.50 AP 00355407 02/11/2015 CPRS 480.00 0.00 480.00 AP 00355408 02/11/2015 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 Al' 00355409 02/11/2015 CROP PRODUCTION SERVICES INC 1,959.72 0.00 1,959.72 Al' 00355410 02/11/2015 D& D SERVICES INC. 430.00 0.00 430.00 Al' 00355411 02/11/2015 D AND K CONCRETE COMPANY 767.40 0.00 767.40 AP 00355412 02/11/2015 DAGHDEVIRIAN, KATHY 312.90 0.00 312.90 Al' 00355413 02/11/2015 DE LA TORRE, ROMAN 12.00 0.00 12.00 User: VLOPEZ- VERONICA LOPEZ Page: I Current Date: 02/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 14:58:29 CITY OF RANCHO CUCAMONGA P2 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 2/11/2015 through 2/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00355414 02/11/2015 DFM ASSOCIATES 53.75 0.00 53.75 AP 00355415 02/11/2015 DIAMOND ENVIRONMENTAL SERVICES 249.39 0.00 249.39 Al' 00355416 02/11/2015 DUNN,ANN MARIE 112.50 0.00 112.50 AP 00355417 02/11/2015 EIGHTH AVENUE ENTERPRISE TLC 0.00 1,289.52 1,289.52 AP 00355418 02/11/2015 EMBROIDME 288.36 0.00 288.36 AP 00355419 02/11/2015 EMC RESEARCH 39,750.00 0.00 39,750.00 AI' 00355420 02/11/2015 EMERGENCY SERVICES RESTORATION INC. 1,400.00 0.00 1,400.00 AP 00355421 02/11/2015 ENGRAVE N EMBROIDER THINGS 19.42 0.00 19.42 AP 00355422 02/11/2015 FELICIANO,ANTHONY - 816.00 0.00 816.00 AP 00355423 02/11/2015 FIREHOUSE MAGAZINE 0.00 200.00 200.00 AP 00355424 02/11/2015 FIRST VETERINARY SUPPLY 1,019.16 0.00 1,019.16 AP 00355425 02/11/2015 FLAG SYSTEMS INC. 1,550.00 0.00 1,550.00 AP 00355426 02/11/2015 FLEET SERVICES INC. 0.00 425.44 425.44 AP 00355427 02/11/2015 FRANKLIN TRUCK PARTS 0.00 68.06 68.06 AP 00355428 02/11/2015 FRONTIER FORD 0.00 64,162.84 64,162.84 Al' 00355429 02/11/2015 G AND M BUSINESS INTERIORS 3,212.87 0.00 3,212.87 Al' 00355430 02/11/2015 GATEWAY PET CEMETERY AND CREMATORY 500.00 0.00 500.00 AP 00355431 02/11/2015 GIORDANO, MARIANNA 111.00 0.00 111.00 AI' 00355432 02/11/2015 GLOBALSTAR 148.86 0.00 148.86 AP 00355433 02/11/2015 GRAINGER 1,122.54 450.96 1.573.50*** AP 00355434 02/11/2015 GROVE LUMBER 118.90 0.00 118.90 AP 00355435 02/11/2015 HAMILTON,MONIQUE 240.00 0.00 240.00 AP 00355436 02/11/2015 HEILIG.KELLY 541.50 0.00 541.50 AP 00355437 02/11/2015 HENRY SCI-IEIN ANIMAL HEALTH SUPPLY 1,544.17 0.00 1,544.17 AP 00355438 02/11/2015 HERITAGE EDUCATION GROUP 263.00 0.00 263.00 AP 00355439 02/11/2015 HI WAY SAFETY INC 609.65 0.00 609.65 Al' 00355440 02/11/2015 HILLS PET NUTRITION SALES INC 3.216,88 0.00 3.216.88 AP 00355441 02/11/2015 HOME DEPOT CREDIT SERVICES 645 65.32 0.00 65.32 AP 00355442 02/11/2015 HOSPITALITY PROFESSIONAL BLDG 423.54 0.00 423.54 AP 00355443 02/11/2015 HOYT LUMBER CO.,SM 0.00 175.81 175.81 AP 00355444 02/11/2015 HUMANE SOCIETY OF SAN BERNARDINO VALLEY IN' 325.00 0.00 325.00 AP 00355445 02/11/2015 !AFC 0.00 189.00 189.00 AP 00355446 02/11/2015 IBM CORPORATION 2,569.50 0.00 2,569.50 AP 00355447 02/11/2015 ICC 0.00 350.00 350.00 AP 00355448 02/11/2015 ICC ORANGE EMPIRE CHAPTER 120.00 0.00 120.00 AP 00355449 02/I 1/2015 IDEAL GRAPHICS 129.60 0.00 129.60 Al' 00355450 02/I 1/2015 INLAND VALLEY DANCE ACADEMY 2.078.90 0.00 2,078.90 AP 00355451 02/11/2015 INLAND VALLEY EMERGENCY PET CLINIC 297.50 0.00 297.50 AP 00355452 02/11/2015 INTERACTIVE DATA CORPORATION 115.52 0.00 115.52 AP 00355453 02/11/2015 INTERNATIONAL ASSOC OF ADMIN 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KIM 100.(H) 0.00 100.00 Al' 00355675 (12/18/2015 KASBECK.GUNTER 35.00 0.00 35.00 Al' 00355676 02/18/2015 KAI'RA.HELEN 42.50 0.00 4250 AI' (10355677 (12/18/2(115 KENNEDY.EMILY 81).48 0.00 80.48 Al' 00355678 02/18/2015 I,EI.LIO' I'. JEREMY 70.00 0.00 70.00 Al' 00355679 02/18/2015 LEON. LUIS 62.00 0.00 62.00 Al' 00355680 02/18/2(115 LIFE ASSIST INC 0.00 2537.97 2537,97 Al' 00355681 1)2/18/2(115 IdITLP.BEAR PRODUCTIONS 7,605.00 0.00 7,605.00 AP 00355682 02/18/2015 LOS ANGELES PREIGITILINER 2.523.62 0.00 2,523.62 AP 00 355683 02/18/2015 MARIPOSA LANDSCAPES INC 1.351.80 0.00 1.351.80 Al' 00355684 02/18/2015 MC TRtICKINCi 1242.34 0.00 1242.34 Al' 00355685 1)2/18/2015 MC,MASTER CARR SUPPLY COMPANY 407.58 0.00 407.58 AI' 110355686 02/18/2015 MEDLEY EIRE PROTECTION INC 90.00 0.00 90.00 Al' 00355687 02/18/2015 NIIDWI ST''APE 183.91 0.00 183.91 Al' 1)0355688 02/18/2015 MIJAC ALARM COMPANY 456.00 0.00 456.00 AI' 00355689 02/18/2015 MOUNTAIN VIEW GLASS AND MIRROR INC 11.83 0.00 11.83 AI' 00355690 02/18/2015 MOUNTAIN VIEW SMALL ENG REPAIR 64.76 0.00 6476 AI' 00355691 (12/18/2015 MYERS TIRE SUPPLY • 0.00 17.64 17.64 Al' (10355692 (12/18/2(115 NATIONAL ASSOC OF TOWN WATCH 35.0(1 0.00 35.00 AP (10355693 02/18/21)15 NATION.AI,SENIOR E,EAGU I':1.1.0 150.00 0.00 150.00 AI' 0035569.1 02/18/2015 NITS 19.841.00 0.00 19.841.00 Al' /)0355695 02/18/2015 OCCUI'ATIONAI,IIIIA1,Tt1 CTRS OF CA 804.00 0.00 804.00 AP 00355696 02/18/2015 OCI,C INC 50.45 0.00 50.45 AP 1)1)355698 02/18/2015 OFFICE DEPOT 12.862.19 138.02 13.000.21 *** Al' 00355699 02/18/2(115 I'AI,CAMPAIGN 10.00 0.00 10.00 Al' 0(135570(1 02/18/2015 PEI'BOYS 69.85 0.00 69.85 AP 00355701 02/18/2015 I'EPE'S TOWING SERVICE 0.00 3,493.75 3,493.75 AP 00355702 02/18/2015 PEERS ROAD SERVICE INC 3.985.12 0.00 3,985.12 Al' 00355703 02/18/2015 I'ITSTOI'EMBROIDERY AND SCREEN PRINT 0.00 1,026.40 1,02640 Al' 00355704 02/18/2015 PRAVIN.JOSHE 1,000.00 0.00 1.000.00 AP 00355705 02/18/2015 PRE-PAID LEGAI,SERVICES INC 84.24 0.00 84.24 AI' 00355706 02/18/2015 I'RO SALES GROUP INC 440.00 0.00 440.00 Al' 00355707 02/18/2015 PROFORMA 4.957.44 0.00 4.957.44 Al' 00355708 02/18/2015 R AND R AUTOMOTIVE 1.445.88 0.00 1.445.88 Al' 0(1355709 02/18/2015 RADIO SATELLITE INTEGRATORS INC 61 680.00 9,660.00 71,340.00*** User: V LOI'EZ- VERONICA LOPEZ Page: 7 Current Date: 02/25/2015 Report:OK AGENDA REG PORTRAIT CONSOLIDATED -CE: Agenda Check Register Portrait I Time: 14:58:29 CITY OF RANCHO CUCAMONGA P8 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 2/1 (/2015 through 2/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00355710 02/18/2015 RANCHO II 15.000.00 0.00 15,000.00 AP 00355711 02/18/2015 RANCHO CUCAMONGA CHAMBER OF COMMERCE 1.000.00 0.00 1,000.00 AP 00355712 02/18/2015 RDO EQUIPMENT CO 758.10 0.00 758.10 AI' 00355713 02/18/2015 RICHARD HEATH AND ASSOCIATES 2,022.00 0.00 2,022.00 Al' 00355714 02/18/2015 RIGHT OF WAY INC 6,273.00 0.00 6,273,00 Al' 00355715 02/18/2015 RI PI'EFOE LAW P C 19,530.32 '0.00 19,530.32 Al' 00355716 02/18/2015 RJM DESIGN GROUP INC 12,638.26 0.00 12,638.26 AP 00355717 02/18/2015 ROBLES, RAUL P 240.00 0.00 240.00 AP 00355718 (12/18/2015 RODICA.CRISTEA 67.00 0.00 67.00 Al' 00355719 02/18/2015 ROGUE FITNESS 0.00 4.736.69 4,736,69 AP 00355720 02/18/2015 RUVALCABA,JOSE 250.00 0.00 250.00 AP (10355721 02/18/2015 SAN BERNARDINO CTY 16.037.46 0,00 16.037.46 AP 00355722 02/18/2015 S13PEA 763.34 0.00 763.34 • AP 00355723 02/18/2015 SC FUELS 0.00 3.648.86 3,648.86 Al' 00355721 02/18/2015 SEXTON.SHEILA 6.00 0.00 6.00 AP 00355725 02/18/2015 SHERIFFS COURT SERVICES 93.38 0.00 93.38 AI' 00355726 02/18/2015 SHERIFFS COURT SERVICES 150.00 0.00 150.00 Al' 00355727 02/18/2015 SO CALIF GAS COMPANY 1.581.39 0.00 1,581.39 Al' 00355728 02/18/2015 SORENSEN.SCOTT D 0.00 233.60 233.60 AP 00355733 02/18/2015 SOUTHERN CALIFORNIA EDISON 33.292.86 0.00 33.292.86 Al' 00355734 02/18/2015 SOUTHLAND FARMERS MARKET ASSOC INC 791.00 0.00 791.00 Al' 00355735 02/18/2015 SOUTH WOR'T'H,MICI•IELLE 85.00 0.00 85.00 AP 00355736 02/18/2015 SPECIAL SERVICES GROUI' LLC 8,724.00 0.00 8,724.00 Al' 00355737 02/18/2015 STOTZ EQUIPMENT 2,787.05 0.00 2,787,05 AP 00355738 02/18/2015 SUPERIOR PAVEMENT MARKING INC 8.209.05 0.00 8,209.05 Al' 00355739 02/18/2015 TAMAYO.JAMES M 3.61 0.00 3.61 Al' 00355740 02/18/2015 TERMINI X PROCESSING CEN'T'ER 0.00 210.75 210.75 AI' 00355741 02/18/2015 TRAFFIC CONTROL SUPERVISORS ASSOC SOUTH 100.00 0.00 100.00 Al' 00355742 02/18/2015 UNIQUE MANAGEMENT SERVICES INC 931.82 0.00 931.82 AP 00355743 02/18/2015 UNITED ROTARY BRUSH CORPORATION 520.38 0.00 520.38 Al' 00355744 02/18/2015 UNITED SITE SERVICES OF CA INC 225.91 0.00 225.91 Al' 00355745 02/18/2015 UNITED WAY 159.00 0.00 159.00 AP 00355746 02/18/2015 UPS 314.22 0.00 31422 Al' 00355747 02/I8/2015 UI'SCO POWERSA FE SYSTEMS INC 213,84 0.00 213.84 Al' 00355748 02/18/2015 US IDENTIFICATION MANUAL 89.92 0.00 89.92 AP 00355749 02/18/2015 VALLEY CREST LANDSCAPE 79.830.03 0.00 79.830.03 Al' 00355750 02/18/2(115 VALLEY POWER SYSTEMS INC 0.00 382.95 382.95 AP 00355751 02/18/2015 Verizon 44.75 0.00 44.75 . Al' 00355753 02/18/2015 VERIZON CALIFORNIA 8200.52 1.303.34 9,503.86*** AP 00355754 02/18/2015 VERIZON WIRELESS-LA 494.13 0.00 494.13 AP 00355755 02/18/2015 VERIZON WIRELESS- LA 60.12 0.00 60.12 Al' 00355756 02/18/2015 VERIZON WIRELESS- LA 233.06 0.00 233.06 Al' 00355757 02/18/2015 VERIZON WIRELESS- LA 50.04 0.00 50.04 AP 00355758 02/18/2015 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AI' 00355759 02/18/2015 VOHNE LICI•E KENNELS INC 10,802.00 0.00 10,802.00 AP 00355760 02/18/2015 WALTERS WHOLESALE ELECTRIC CO 4-992.44 0.00 4,992.44 AP 00355761 02/18/2015 WARREN& CO INC,CARL 1,115.43 0.00 1,115.43 User: VLOPEZ- VERONICA LOPEZ Page: 8 Current Date: 02/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait l Time: 14:58:29 CITY OF RANCHO CUCAMONGA P9 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT , Agenda Check Register 2/1 (/2015 through 2/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00355762 02/18/2015 1VAXIE SANITARY SUPPLY 0.00 1558.22 1.558.22 AP 00355763 02/18/2015 YANI, IRNI 30.00 0.00 30.00 AI' 00355764 02/18/2015 YORK INDUSTRIES 1,247.04 0.00 1247.04 AP 00355765 02/18/2015 ZEE MEDICAL INC 99.96 0.00 99.96 AP 003 55766 02/23/2015 AI3C LOCKSMITHS 80.10 0.00 80.10 AP 00355767 02/23/2015 AIRGAS USA LLC 0.00 276.23 276.23 AP 00355768 02/23/2015 AUTO BODY 2000 964.41 0.00 964.41 AP 00355769 02/23/2015 CALSENSE 7,522.46 0.00 7,522.46 AP 00355772 02/23/2015 CUCAMONGA VALLEY WATER DISTRICT 15,563.90 533.47 16,097.37*** Al' 00355773 02/23/2015 EWING IRRIGATION PRODUCTS 579.06 0.00 579.06 AP 0035 5774 02/23/2015 GENERATOR SERVICES CO 1,494.35 0.00 1,494.35 AP 00355775 02/23/2015 ITOLLIDAY ROCK CO INC 1,765.46 0.00 1,765.46 AP 00355776 02/23/2015 UNIFIRST UNIFORM SERVICE 0.00 598.14 598.14 EP 00004971 02/11/2015 EXELON GENERATION CO. LLC. 280.699,38 0.00 280,699.38 El' 00004972 (12/11/2015 SAN BERNARDINO COUNTY 58.00 0.00 58.00 El' 00004973 02/11/2015 RIVERSIDE.CITY OF 6.294.00 0.00 6,294.00 El' 00004974 02/11/2015 SHELL ENERGY NORTH AMERICA 11,680.0(1 0.00 11-680.00 El' 00004975 02/11/2015 VIASYN INC 1,640.00 0.00 1,640.00 El' 00004977 02/18/2015 CALIF GOVERNMENT VEBA/RANCIIO CUCAMONGA 9.230.00 0.00 9230.00 El' 00004978 02/18/2015 FORTISTAR METHANE GROUP LLC 39.981.04 0.00 39,981.04 EP 00004979 02/18/2015 RCCEA 1.301.00 0.00 1.301.00 El' 00004980 02/18/2015 RCPFA 9.993.40 0.00 9.993.40 EP 00004981 02/18/2015 RIVERSIDE.CITY OF 6.294.00 0.00 6.294.00 El' 00004982 02/18/2015 SAN BERNARDINO CTY SHERIFFS DEPT 15.086.01 0.00 15.086.01 El' 00004983 02/18/2015 SHELL ENERGY NORTII AMERICA 11,680.00 0.00 11,680.00 El' 00004981 02/18/2015 VIASYN INC 1.640.00 0.00 1,640.00 Total City: $2,456,832.18 Total Fire: $697,090.45 Grand Total: $3,153,922.63 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 02/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I. Time: 14:58:29 P10 STAFF REPORT , RANCHO CUC ADIONGA }'IRE PRO 1ECTION DISTRICT 1 �,� Date: March 4, 2015 tale To: President and Members of the Board of Directors RANCHO CUCAMONGA John R. Gillison, City Manager From: Mike Costello, Fire Chief By: Don Cloughesy, Deputy Fire Chief Subject: CONSIDERATION OF APPROVAL TO AUTHORIZE AN INCREASE TO CONTRACT No. FD14-186 IN THE AMOUNT OF $100,000.00 TO OAKVIEW CONSTRUCTORS INC. AND APPROVE AMENDMENT NO 02 FOR THE FIRE DISTRICT CAPITAL MAINTENANCE PROJECT, FOR UNFORSEEN CIRCUMSTANCES IN THE REMODELING, FUNDED FROM ACCOUNT NO. 3288501-5602 AND APPROVE AN APPROPRIATION IN THE AMOUNT OF $100,000.00 FROM DISTRICT CAPITAL RESERVE TO ACCOUNT NO. 3288501- 5602 • RECOMMENDATION It is recommended that the Fire Board consider the approval to authorize an increase to Contract No. FD14-186 in the amount of $100,000 to Oakview Constructors Inc. and approve Amendment No. 02 for the Fire District Capital Maintenance Project, for unforeseen circumstances in the remodeling funded from Account No. 3288501-5602 and approve an appropriation in the amount of $100,000.00 from District Capital Reserves to Account No 3288501-5602. BACKGROUND/ANALYSIS Per previous Board action, the Fire Board Accepted the bids received and awarded and authorized the execution of the contract in the amount of $2,651,034.00, to the lowest responsive bidder, Oakview Constructors Inc., and authorized the expenditure of a 10% contingency in the amount of $265,103.40, for the Capital Maintenance Repair Projects at the Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility. Due to unforeseen circumstances there have been a number of change orders required to complete the project. The cost of which has exceeded our contingency and require additional funds. Respectfully submitted, Mike Costello Fire Chief CITY OF RANCHO CUCAMONGA P11 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 2/11/2015 through 2/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00355367 02/11/2015 A AND R TIRE SERVICE 2,314.91 0.00 2,314.91 AP 00355368 02/11/2015 A&V SOFTBALL 3,753.00 0.00 3,753.00 AP 00355369 02/11/2015 A'JONTUE. ROSE ANN 201.80 0.00 201.80 AP 00355370 02/I1/2015 ADOBE ANIMAL HOSPITAL 500.00 0.00 500.00 AP 00355371 02/11/2015 ADVANCED CHEMICAL TRANSPORT 1,026.00 0.00 1,026.00 AP 00355372 02/11/2015 ADVANCED UTILITY SYSTEMS CORP. 7,500.00 0.00 7,500.00 AP 00355373 02/11/2015 AEI-CASC CONSULTING 4,817.02 0.00 4,817.02 AP 00355374 02/11/2015 AFSS 2015 CONFERENCE 0.00 500.00 500.00 AP 00355375 02/11/2015 ALLSTAR FIRE EQUIPMENT INC 0.00 1,131.95 1,131.95 Al' 00355376 02/11/2015 ALPHAGRAPHICS 22.68 0.00 22.68 AP 00355377 02/11/2015 ALI'A LOMA ANIMAL HOSPITAL 1.250.00 0.00 1,250.00 A1' 00355378 02/11/2015 AMERICAN PLANNING ASSOCIATION 400.00 0.00 400.00 AP 00355379 02/11/2015 AM'I'ECII ELEVATOR SERVICES 223.71 0.00 223.71 AP 00355380 02/11/2015 ANDERSON,JOHN 510.00 0.00 510.00 AP 00355381 02/11/2015 ANTECH DIAGNOSTICS 2,077.10 0.00 2,077.10 AP 00355382 02/11/2015 AOL LEGAL DEPARTMENT 50.00 0.00 50.00 AP 00355383 02/11/2015 APACHE TRAILER INC 1,861.00 0.00 1,861.00 AP 00355384 02/11/2015 ARCHIBALD PET HOSPITAL 175.00 0.00 175.00 AP 00355385 02/11/2015 ARMA INTERNATIONAL 215.00 0.00 215.00 AP 00355386 02/11/2015 I3ANK OF AMERICA MERRILL LYNCH 0.00 313,798.41 313,798.41 AP 00355387 02/11/2015 BANK OF AMERICA MERRILL LYNCH 0.00 86,828.06 86.828.06 AP 00355388 02/11/2015 BARBARA'S ANSWERING SERVICE 1,178.83 0.00 1,178.83 AP 00355389 02/11/2015 BASELINE ANIMAL HOSPITAL 950.00 0.00 950.00 Al' 00355390 02/11/2015 BAYER HEALTHCARE LLC 175.39 0.00 175.39 AP 00355391 02/11/2015 I3ECHTEL INFRASTRUCTURE AND POWER CORP 23.55 0.00 23.55 AP 00355392 02/11/2015 BELLES PRINTING EXPRESS INC. 513.00 0.00 513.00 AP 00355393 02/11/2015 I3ERNELL HYDRAULICS INC 246.78 0.00 246.78 AP 00355394 02/11/2015 BRUNSWICK DEER CREEK LANES 62.60 0.00 62.60 AP 00355395 02/11/2015 CALIFORNIA LIBRARY ASSOCIATION 1.750.00 0.00 1,750.00 AP 00355396 02/11/2015 CAPITAL ONE COMMERCIAL 921.08 0.00 921.08 AP 00355397 02/11/2015 CAPITAL ONE COMMERCIAL 0.00 250.88 250.88 AP 00355398 02/11/2015 CAPRCBM 225.00 0.00 225.00 AP 00355399 02/11/2015 CARQUEST AUTO PARTS 218.24 52.90 271.14 *** AP 00355400 02/11/2015 CARTY. 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GOODYEAR TIRE AND RUBBER CO. 1,005.42 0.00 1,005.42 AP 00355653 02/18/2015 GRAINGER 1,644.05 1,277.13 2,921.18 *** AP 00355654 02/18/2015 GRANGER.DONALD 20.00 0.00 20.00 Al' 00355655 02/18/2015 GULF ENVIRONMENTAL.COMPANY 4,000.00 0.00 4,000.00 Al' 00355656 02/18/2015 H&H GENERAL CON'T'RACTORS INC 359,668.31 0.00 359,668.31 AP 00355657 02/18/2015 HAAKER EQUIPMENT CO 1,462.02 0.00 1,462.02 Al' 00355658 02/18/2015 14D PRODUCTIONS LLC 20,000.00 0.00 20,000.00 AP 00355659 02/18/2015 HELEN SMITH ATTORNEY SERVICE 150.00 0.00 150.00 AP 00355660 02/18/2015 HERITAGE EDUCA'T'ION GROUP 379.00 0.00 379.00 AI' 00355661 02/18/2015 HOGAN,ADAM 32.49 0.00 32.49 User: VLOPEZ- VERONICA LOPEZ Page: 6 Current Date: 02/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait 1 Time: 14:58:29 CITY OF RANCHO CUCAMONGA P17 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 2/11/2015 through 2/24/2015 Check No. Cheek Date Vendor Name City Fire Amount Al' 00355662 02/18/2015 HOME DEPOT CREDIT SERVICES 645 98.69 0.00 98.69 Al' 00355663 02/18/2015 HOSE MAN INC 443.08 296.04 739.12 *** AP 00355664 02/18/2015 HOUSE OF RUTII 994.45 0.00 994.45 AP 00355665 02/18/2015 HOYT LUMBER CO.. SM 0.00 203.88 203.88 AP 00355666 02/18/2015 IECES 50.00 0.00 50.00 Al' 00355667 02/18/2015 IMAGE 1.120.07 0.00 1,120.07 AP 00355668 02/18/2015 IMPRESSIONS GOURMET CATERING 573.05 0.00 573.05 AI' 00355669 02/18/2015 INLAND FAIR HOUSING AND MEDIATION BOARD 1,368.55 0.00 1,368.55 AI' 00355670 02/18/2015 INLAND PRESORT& MAILING SERVICES 41.54 0.00 41.54 AI' 00355671 02/18/2015 INTEGRITY DOOR& HARDWARE INC 870.02 0.00 870.02 Al' 00355672 02/18/2015 JOHN BURR CYCLES INC 510.72 0.00 510.72 AP 00355673 02/18/2015 JOHNSON MACHINERY COMPANY 990.01 0.00 990.01 Al' 00355674 02/18/2015 JONES, KIM 100.00 0.00 100.00 AP 00355675 02/18/2015 KASBECK.GUNTER 35.00 0.00 35.00 Al' 00355676 02/18/2015 KATRA, HELEN 42.50 0.00 42.50 AP 00355677 02/18/2015 KENNEDY. EMILY 80.48 0.00 80.48 Al' 00355678 02/18/2015 LELLIOTF,JEREMY 70.00 0.00 70.00 Al' 00355679 02/18/2015 LEON. LUIS 62.00 0.00 62.00 AP 00355680 02/18/2015 LIFE ASSIST INC 0.00 2.537.97 2.537.97 Al' 00355681 02/18/2015 LITTLE BEAR PRODUCTIONS 7,605.00 0.00 7,605.00 Al' 00355682 02/18/2015 LOS ANGELES FREIGHTLINER 2.523.62 0.00 2.523.62 Al' 00355683 02/18/2015 MARIPOSA LANDSCAPES INC 1,351.80 0.00 1.351.80 AI' 00355684 02/18/2015 MC TRUCKING 1,242.34 0.00 1,242.34 Al' 00355685 02/18/2015 MCMASTER CARR SUPPLY COMPANY 407.58 0.00 407.58 Al' 00355686 02/18/2015 MEDLEY FIRE PROTECTION INC 90.00 0.00 90.00 Al' 00355687 02/18/2015 MIDWEST TAPE 183.91 0.00 183.91 AI' 00355688 02/18/2015 MIJAC ALARM COMPANY 456.00 0.00 456.00 Al' 00355689 02/18/2015 MOUNTAIN VIEW GLASS AND MIRROR INC 11.83 0.00 11.83 AP 00355690 02/18/2015 MOUN'T'AIN VIEW SMALL ENG REPAIR 64.76 0.00 64.76 AP 00355691 02/18/2015 MYERS TIRE SUPPLY 0.00 17.64 17.64 AP 00355692 02/18/2015 NATIONAL ASSOC OF TOWN WATCH 35.00 0.00 35.00 AI' 00355693 02/18/2015 NATIONAL SENIOR LEAGUE LLC 150.00 0.00 150.00 AI' 00355694 02/18/2015 NBS 19,841.00 0.00 19,841.00 AP 00355695 02/18/2015 OCCUPA'T'IONAL HEAL PH CTRS OF CA 804.00 0.00 804.00 Al' 00355696 02/18/2015 OCLC INC 50.45 0.00 50.45 Al' 00355698 02/18/2015 OFFICE DEPOT 12,862.19 138.02 13,000.21 *** Al' 00355699 02/18/2015 PAL CAMPAIGN 10.00 0.00 10.00 Al' 00355700 02/18/2015 PEP BOYS 69.85 0.00 69.85 Al' 00355701 02/18/2015 PEPE'S TOWING SERVICE 0.00 3.493.75 3,493.75 AP 00355702 02/18/2015 PETES ROAD SERVICE INC 3.985,12 0.00 3,985.12 AP 00355703 02/18/2015 PIT STOP EMBROIDERY AND SCREEN PRINT 0.00 1,026.40 1,026.40 Al' 00355704 02/18/2015 PRAV1N.JOSI'II 1,000.00 0.00 1,000.00 AP 00355705 02/18/2015 PRE-PAID LEGAL SERVICES INC 84.24 0.00 84.24 Al' 00355706 02/18/2015 PRO SALES GROUP INC 440.00 0.00 440.00 AP 00355707 02/18/2015 PROFORMA 4,957.44 0.00 4,957.44 AP 00355708 02/18/2015 R AND R AUTOMOTIVE 1,445.88 0.00 1,445.88 Al' 00355709 02/18/2015 RADIO SATELLITE INTEGRATORS INC 61,680.00 9,660.00 71,340.00*** User: VLOPEZ- VERONICA LOPEZ Page: 7 Current Date: 02/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED- CK: Agenda Check Register Portrait [ Time: 14:58:29 CITY OF RANCHO CUCAMONGA P18 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 2/11/2015 through 2/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00355710 02/18/2015 RANCHO II 15,000.00 0.00 15,000.00 Al' 00355711 02/18/2015 RANCHO CUCAMONGA CHAMBER OF COMMERCE 1.000.00 0.00 1,000.00 AP 00355712 02/18/2015 RDO EQUIPMENT CO 758.10 0.00 758.10 AP 00355713 02/18/2015 RICHARD HEATH AND ASSOCIATES 2,022.00 0.00 2,022.00 Al' 00355714 02/18/2015 RIGHT OF WAY INC 6,273.00 0.00 6,273.00 Al' 00355715 02/18/2015 RIPPETOE LAW PC 19,530.32 0.00 19,530.32 AP 00355716 02/18/2015 RJM DESIGN GROUT'INC 12,638.26 0.00 12,638.26 AP 00355717 02/18/2015 ROBLES,RAUL P 240.00 0.00 240.00 AP 00355718 02/18/2015 RODICA,CRISTEA 67.00 0.00 67.00 AP 00355719 02/18/2015 ROGUE FITNESS 0.00 4,736.69 4,736.69 Al' 00355720 02/18/2015 RUVALCABA.JOSE 250.00 0.00 250.00 Al' 00355721 02/18/2015 SAN BERNARDINO CTY 16,037.46 0.00 16.037.46 AI' 00355722 02/18/2015 SBPEA 763.34 0.00 763.34 Al' 00355723 02/18/2015 SC FUELS 0.00 3,648.86 3,648.86 Al' 00355724 02/18/2015 SEXTON,SHEILA 6.00 0.00 6.00 AP 00355725 02/18/2015 SHERIFFS COURT SERVICES 93.38 0.00 93.38 AP 00355726 02/18/2015 SHERIFFS COURT SERVICES - 150.00 0.00 150.00 AI' 00355727 02/18/2015 SO CALIF GAS COMPANY 1,581.39 0.00 1.581.39 AP 00355728 02/18/2015 SORENSEN. SCOTT D 0.00 233.60 233.60 AP 00355733 02/18/2015 SOUTHERN CALIFORNIA EDISON 33,292.86 0.00 33,292.86 AP 00355734 02/18/2015 SOUTHLAND FARMERS MARKET ASSOC INC 791.00 0.00 791.00 AP 00355735 02/18/2015 SOUTHWORTH,MICHELLE 85.00 0.00 85.00 AP 00355736 02/18/2015 SPECIAL SERVICES GROUP LLC 8,724.00 0.00 8,724.00 Al' 00355737 02/18/2015 STOTZ EQUIPMENT 2,787.05 0.00 2,787.05 Al' 00355738 02/18/2015 SUPERIOR PAVEMENT MARKING INC 8,209.05 0.00 8,209.05 Al' 00355739 02/18/2015 TAMAYO,JAMES M 3.61 0.00 3.61 AP 00355740 02/18/2015 TERMINIX PROCESSING CENTER 0.00 210.75 210.75 AP 00355741 02/18/2015 TRAFFIC CONTROL SUPERVISORS ASSOC SOUTH 100.00 0.00 100.00 Al' 00355742 02/18/2015 UNIQUE MANAGEMENT SERVICES INC 931.82 0.00 931.82 Al' 00355743 02/18/2015 UNITED ROTARY BRUSH CORPORATION 520.38 0.00 520.38 Al' 00355744 02/18/2015 UNITED SITE SERVICES OF CA INC 225.91 0.00 225.91 AP 00355745 02/18/2015 UNITED WAY 159.00 0.00 159.00 Al' 00355746 02/18/2015 UPS 314.22 0.00 314.22 Al' 00355747 02/18/2015 UPSCO POWERSAFE SYSTEMS INC 213.84 0.00 213.84 AP 00355748 02/18/2015 US IDENTIFICATION MANUAL 89.92 0.00 89.92 AP 00355749 02/18/2015 VALLEY CREST LANDSCAPE 79.830.03 0.00 79.830.03 AP 00355750 02/18/2015 VALLEY POWER SYSTEMS INC 0.00 382.95 382.95 Al' 00355751 02/18/2015 Verizon 44.75 0.00 44.75 Al' 00355753 02/18/2015 VERIZON CALIFORNIA 8,200.52 1,303.34 9,503.86.«. Al' 00355754 02/18/2015 VERIZON WIRELESS- LA 494.13 0.00 494.13 AP 00355755 02/18/2015 VERIZON WIRELESS-I-A 60.12 0.00 60.12 AP 00355756 02/18/2015 VERIZON WIRELESS-LA 233.06 0.00 233.06 Al' 00355757 02/18/2015 VERIZON WIRELESS-LA 50.04 0.00 50.04 AP 00355758 02/18/2015 VIRTUAL PROJECT MANAGER INC 500.00 0.00 500.00 AP 00355759 02/18/2015 VOHNE LICHE KENNELS INC. 10,802.00 0.00 10,802.00 AP 00355760 02/18/2015 WALTERS WHOLESALE ELECTRIC CO 4,992.44 0.00 4,992.44 AP 00355761 02/18/2015 WARREN&CO INC,CARL 1,115.43 0.00 1,115.43 User: VLOPEZ- VERONICA LOPEZ Page: 8 Current Date: 02/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 14:58:29 CITY OF RANCHO CUCAMONGA P19 AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Register 2/11/2015 through 2/24/2015 Check No. Check Date Vendor Name City Fire Amount AP 00355762 02/18/2015 WAXIE SANITARY SUPPLY 0.00 1,558.22 1,55822 Al' 00355763 02/18/2015 YANI,IRNI 30.00 0.00 30.00 AP 00355764 02/18/2015 YORK INDUS'T'RIES 1,247.04 0.00 1247.04 AP 00355765 02/18/2015 ZEE MEDICAL INC 99.96 0.00 99.96 AP 00355766 02/23/2015 ABC LOCKSMITHS 80.10 0.00 80.10 Al' 00355767 02/23/2015 AIRGAS USA LLC 0.00 276.23 276.23 AP 00355768 02/23/2015 AUTO BODY 2000 964.41 0.00 964.41 AP 00355769 02/23/2015 CALSENSE 7,522.46 0.00 7,522.46 AP 00355772 02/23/2015 CUCAMONGA VALLEY WATER DISTRICT 15,563.90 533.47 16,097.37 "' AP 00355773 02/23/2015 EWING IRRIGATION PRODUCTS 579.06 0.00 579.06 AP 00355774 02/23/2015 GENERATOR SERVICES CO 1,494.35 0.00 1,494.35 AP 00355775 02/23/2015 HOLLIDAY ROCK CO INC 1.765.46 0.00 1,765.46 AI' 00355776 02/23/2015 UNIFIRST UNIFORM SERVICE 0.00 598.14 598.14 EP 00004971 02/11/2015 EXELON GENERATION CO. LLC. 280,699.38 0.00 280,699.38 EP 00004972 02/11/2015 SAN BERNAIDINO COUNTY 58.00 0.00 58.00 El' 00004973 02/11/2015 RIVERSIDE,CITY OF 6,29400 0.00 6,294.00 EP 00004974 02/11/2015 SHELL ENERGY NORTH AMERICA 11.680.00 0.00 11,680,00 El' 00004975 02/11/2015 VIASYN INC 1.640.00 0.00 1,640.00 EP 00004977 02/18/2015 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 9,230.00 0.00 9.230.00 El' 00004978 02/18/2015 FORTISTAR METHANE GROUP LLC 39,981.04 0.00 39,981.04 EP 00004979 02/18/2015 RCCEA 1.301.00 0.00 1,301.00 El' 00004980 02/18/2015 RCPFA 9,993.40 0.00 9,993.40 EP 00004981 02/18/2015 RIVERSIDE.CITY OF 6.294.00 0.00 6,294.00 EP 00004982 02/18/2015 SAN BERNARDINO C'rY SHERIFFS DEPT 15.086.01 0.00 15.086.01 EP 00004983 02/18/2015 SHELL ENERGY NORIII AMERICA 11,680.00 0.00 11,680.00 EP 00004984 02/18/2015 VIASYN INC 1,640.00 0.00 1,640.00 Total City: $2,456,832.18 Total Fire: $697,090.45 Grand Total: $3,153,922.63 Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 02/25/2015 Report:CK AGENDA REG PORTRAIT CONSOLIDATED-CK: Agenda Check Register Portrait I Time: 14:58:29 • P20 STAFF REPORT ENGINEERING SERVICES DEPARTMENT Lt_• RANCHO Date: March 4, 2015 CUCAMONGA To: Mayor and Members of the City Council .John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Principal Civil Engine Shelley Hayes, Assistant Engineer •A Subject: CONSIDERATION TO RELEASE MAINTENANCE GUARANTEE BOND NO. 1000964691 IN THE AMOUNT OF $16,813.20, FOR THE 4TH STREET PAVEMENT REHABILITATION FROM MILLIKEN AVENUE TO RICHMOND PLACE PROJECT, CONTRACT NO. 13-254 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 1000964691 in the amount of $16,813.20, for the 4th Street Pavement Rehabilitation from Milliken Avenue to Richmond Place project, Contract No. 13-254. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Guzman Grading & Paving 14030 Rose Avenue Fontana, CA 92337 Resp ubmitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is W PL) DE RD. I —\ V a WILSON AVE. WILSON I -- = w i a a F j ) N S . a <W = > N re BANYAN ST. m $ - ° BANYAN Si U ��rnTa7' LEMON AVE ('I 1 L v I AVE. Irma si HIGHLAND AVE _ II-�1 —1- '.210 _ �I� v HIGHLAND AVE ! --�I� I�� tii VICTORIA[ �' PAR• I 9th ST. I 5 MONTE VISTA ST. NTE VISTA ST. >y a 4A f AIRIOHi n N K-4_ _ _ __ ___ _ S P R R a a BASELINE AVE J h ,d I BASF Rut. �� r LI • I a w reAll Al. `/ IQ ZRa CHURCH ST. II 1 a z CH I T X . .� VW L u-y SAN BERNARD[ _RD ur W ���� _ ✓ FOOTHILL BLVD. /I ni3 I i . al i� VON S" 11 / e n 1111 IIGUL♦sJr jjcr ] INROUTE Y ®I a ivy La a JERSEY BLVD. A T I S F R R J I. a . . Elth.STREET / —118th STREET I I Q W 0.1 III cA 0 F 7th STREET 6th STREET O >! a_ N 4 i AI 1 5 /th STREET 15 �I�)EA`STI PA II ONTARIO GAUSTI PARK _ ® 1-10 FREEWAY 1 • PROJECT LOCATION CITY OF RANCHO CUCAMONGA ��A J�►��.as- !L/�� Z rObli�V 4TH STREET PAVEMENT REHABILITATION ; ipso FROM MILLIKEN AVENUE TO RICHMOND PLACE mil. N.TS. J P22 r4STAFF REPORT Q ENGINEERING SERVICES DEPARTMENT 1111.ise RANCHO Date: March 4, 2015 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Principal Civil Engineer fL Shelley Hayes, Assistant Engineer n Subject: CONSIDERATION TO RELEASE MAINTENANCE GUARANTEE BOND NO. 1001000079 IN THE AMOUNT OF $6,751.77, FOR THE 24T" STREET AT DEER CREEK CHANNEL — BRIDGE REPAIR PROJECT, CONTRACT NO. 13-129 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 1001000079 in the amount of$6,751.77, for the 2411" Street at Deer Creek Channel—Bridge Repair project, Contract No. 13-129. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: RSB Group Inc. 20331 Lake Forest Dr., #C13 Lake Forest, CA 92630 Respectfully submitted, Mark A. euer Director of Engineering Services/City Engineer MAS/JAD/SH:Is V W24 VICINITY MAP 24TH STREET AT DEER CREEK CHANNEL BRIDGE REPAIR PROJECT t. w at ALMOND 1 I d 04%4 e --`e �SYa1TEYMNE NILL9� RD. LL / y' li P1jIU!$ 4ii; .1��5! BNNYNI ST- /p fir lailitaitralaffigiliNtill 'i—_ ®���T1D(I nD- 1 sd.��yl,..w..>—�FONTANA �1 ®.1�-.®� ROAD ■E D_ —9% BA41WE A`2 r. a � s�9 UPLAND q CHURCH � .�,_�.�..�,►. ►\ (sues At I; F e it ,�_.�tv I .E.BLW. III It� NTi Wes:.: �'{ BN BT.�.II'� I�iriczna �lT9y11 ' 111P1____ -,D .r �.R. , ONTARIO PROJECT "D LOCATION irw z HIAL ARROW RI TE w L>j rilkill < .; Q 25th II FERON • 24th Q ` 7 1Eith :OLT ' Jr P24 STAFF REPORT ENGINEERING SERVICES DEPARTMENT I Date: March 4, 2015 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Carlo Cambare, Engineering Technician Subject: CONSIDERATION TO APPROVE IMPROVEMENT AGREEMENT EXTENSION FOR PARCEL MAP 19448 AND DRC2013-00155 (ETIWANDA STORM DRAIN), LOCATED IN ETIWANDA AVENUE, BETWEEN SIXTH STREET AND ARROW ROUTE, SUBMITTED BY GOODMAN RANCHO SPE, LLC RECOMMENDATION It is recommended that City Council adopt the attached resolution accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKGROUND/ANALYSIS Improvement Agreement and Improvement Security to guarantee the construction of the storm drain improvements for Parcel Map 19448 and DRC2013-00155 (Etiwanda Storm Drain) were approved by the City Council on February 5, 2014 in the following amounts: Faithful Performance Bond: $ 1,237,900.00 Labor and Material Bond: $ 1,237,900.00 Construction is still in process. The developer, Goodman Rancho SPE, LLC is requesting approval of a 12-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's office. • • Respectfully submitted, • i .: Director o Engineering Services/City Engineer MAS/CC:Is Attachment' P25 VICINTY MAP PM 19448 7 DRC2013-00155 ETIWANDA STORM DRAIN ARROW RTE —mamma, fron•R t+-^• PM 19448 DRC20113-00155 w CC a 0 z A4= 338 rt, N4,1�. bth St P26 RESOLUTION NO. 15-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 19448 AND DRC2013-00155-ETIWANDA STORM DRAIN WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on March 4, 2015, by Goodman Rancho SPE, LLC, as developer, for the storm drain improvement generally located in Etiwanda Avenue between Sixth Street and Arrow Route; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said PARCEL MAP 19448 AND DRC2013-00155 -ETIWANDA STORM DRAIN; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. . RESOLUTION NO. 15-026 — Page 1 P27 • STAFF REPORT mit ENGINEERING SERVICES DEPARTMENT RANC HO Date: March 4, 2015 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Betty Miller, Associate Engineer Subject: CONSIDERATION TO USE TRANSPORTATION FUNDS FOR DEVELOPMENT REVIEW DRC2006-01012, A PROPOSAL TO CONSTRUCT A 28,860 SQUARE FOOT WAREHOUSE/OFFICE BUILDING AND ASSOCIATED PARKING ON APPROXIMATELY 1.39 ACRES OF LAND IN THE GENERAL INDUSTRIAL DISTRICT (SUBAREA 13), LOCATED AT THE NORTHEAST CORNER OF 6111 STREET AND CHARLES SMITH AVENUE, BY CARTER REDISH ARCHITECTS ON BEHALF OF CHASE PARTNERS, LTD —APN: 0229-283-06 AND 0229-271-33. RECOMMENDATION Authorize staff by minute action to proceed with utilizing Transportation Funds, consistent with the Transportation Impact Fee program, for the installation of the north side of 6'h Street across the 1-15 Freeway right-of-way. BACKGROUND/ANALYSIS Development Review DRC2006-01012, for the construction of a 28,860 square foot warehouse/office building and associated parking on approximately 1.39 acres of land in the General Industrial District (Subarea 13), located at the northeast corner of 6th Street and Charles Smith Avenue, was approved by the Planning Commission on August 13, 2008. On August 28, 2013, the Planning Commission approved a 2-year time extension to the original entitlement. Southland Engineering submitted the public improvement plans for plan check on March 4, 2014, on behalf of Chase Back Bay, LLC. When the Transportation Impact Fee was established in 1991, a list of the improvement projects that qualified for use of the Transportation funds was included. At the time, 6th Street across the 1-15 Freeway was listed as part of this program. The south side of 6th Street across the 1-15 right-of-way was installed by development in 2003 and that developer was reimbursed with Transportation Funds consistent with the program regulations. In 2005 the City evaluated the impact fees and updated the list of improvement projects. 6'h Street across the 1-15 right-of-way was removed from the program even though the north side had not been improved. Staff has reviewed historical files but cannot determine the reasoning behind removal of 6111 Street. The north side of 6th Street is consistent with the type of improvements that are part of the Transportation program. It should be noted that this portion of 6th Street had been part of the program for 14 years and development during that period had contributed to the cost of the improvements. In 2006, when the subject development proposal was submitted to the City, staff imposed a condition of approval to complete the north side of 6'h Street across the 1-15 Freeway right-of-way without any P28 CITY COUNCIL STAFF REPORT PAGE 2 RE: 61H STREET-CHARLES SMITH AVENUE MARCH 4,2015 • mention of reimbursement from Transportation funds because 6th Street was no longer on the programs list. At the time of approval the developer did not raise any concerns. Due to the economy the developer did not immediately proceed with his project. Now that the developer has submitted the street improvements for plan check he has evaluated the cost of the 6th Street improvements across the 1-15. The developer has questioned why he has to construct improvements outside of his frontage limits. City staff has evaluated the situation. Staff recommends the improvements be installed by the•developer as this will complete the last segment of 6th Street in this area. Staff also recommends authorization from City Council to utilize Transportation funds consistent with the normal process as if this portion of 6th was still part of the program. If approved, the development will receive transportation fee credit upon issuance of a building permit. The amount of said fee credit would be based on estimated costs. In the event that actual costs for • improvements within the 1-15 Freeway right-of-way exceed the fee credit, a slight reimbursement may be required out of budgeted account 11243035650/1026124-0. .No additional appropriation will be necessary to fund these improvements. Respectfully submitted, • Mark A. Steuer Director of Engineering Services/City Engineer MAS/BM:Is • • • • • • P29 t .47 ..._ Jem y Blvil Q 11131 CO S O Z 4 11� to i. 1 6th St a A 110 Q If i cD M s a se,St c :z Mission Li51a D u 0 a E 4th St _ _. .. _ �:.. NORTH 1' NTS CITY OF ITEM: DRC2006-01012 RANCHO CUCAMONGA TITLE: Use Transportation Funds for 6th Street ENGINEERING SERVICES DEPARTMENT EXHIBIT: Vicinity Map P30 STAFF REPORT nt ADMINISTRATIVE SERVICES GROUP L� RANC HO Date: March 4, 2015 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services Subject: CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH AEF SYSTEMS CONSULTING, INC. FOR CONTINUATION OF SERVICES IN SUPPORT OF THE INFORMATION SERVICES DIVISION FOR FY 2014/15 Recommendation It is recommended that the City Council approve the agreement with AEF Systems Consulting, Inc. to continue providing services in support of the Information Services Division in an amount not to exceed $84,000. Background The Information Services Division has been assisted by AEF Systems Consulting, Inc. since December 2014. The firm's services were retained as an interim measure as a result of staff vacancies that have greatly impacted the Division's capacity. The current agreement with AEF was in an amount not to exceed $28,000. Pursuant to that agreement, AEF provided services beginning in December 2014 and extending through February 2015. At this time, staff is recommending this contract be increased to a total of $84,000 to continue providing services as may be necessary to backfill staffing needs of the Division through June 30, 2015. This would require City Council approval. This contract will be funded within the existing FY 2014/15 budget by using salary savings and savings from other contract service areas. All documentation is on file in the Purchasing Division. • P31 STAFF REPORT PIANNINGDEPARTMENT Date: March 4, 2015 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: Candyce Burnett, Planning Director By: Mike Smith, Associate Planner Subject: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2014- 00567 — TURNER REAL ESTATE INVESTMENTS - A proposal to amend the Development Code to permit the construction of buildings in excess of 50,000 square feet on select parcels located within the Industrial Park (IP) District. Related files: Development Review DRC2014- 00566 and Tree Removal Permit DRC2014-00845. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: The Planning Commission recommends that the City Council approve Development Code Amendment DRC2014-00567 and adopt Ordinance 873. BACKGROUND: On January 28, 2015, the Planning Commission reviewed and approved Development Review DRC2014-00566 for the construction of an industrial building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres) located at 10220 4th Street about 1,600 feet west of Haven Avenue (Attachment B). The Commission also reviewed and approved Tree Removal Permit DRC2014-00845 (Attachment C). The Commission reviewed and recommended that the City Council approve the subject Development Code amendment (Attachment D) that is associated with the Development Review application. Approval of the Development Review application is contingent on the approval of this Development Code Amendment by the City Council. ANALYSIS: General: The Development Code currently does not permit "Wholesale, Storage, and Distribution — Medium", and the corresponding buildings for such uses, in the Industrial Park (IP) District (Attachment E). The Industrial Park (IP) District (hereon referred to as the "subject District") is generally located between Foothill Boulevard, Rochester Avenue/Interstate 15, Hermosa Avenue, and 4th Street (Attachment H). In the subject District, the Code does permit "Wholesale, Storage, and Distribution — Light". However, the corresponding buildings for such uses are limited to less than 50,000 square feet in floor area. Aside from the floor area 'limit', there is no significant difference between the "Light" and "Medium" classes of Wholesale, Storage, and Distribution as shown in Section 17.32.020 —Allowed Use Descriptions — of the Development Code (Attachment F). The Industrial Park (IP) District is described in Table 17.26.020-1 for the Development Code as follows: Designate[d] areas for industrial firms seeking an attractive and pleasant working environment and a location which has prestige value. The district allows light industrial uses, office and administration facilities, research and development laboratories, and limited types of warehousing, as well as support businesses and commercial service uses. P32 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2014-00567 —TURNER REAL ESTATE INVESTMENTS March 4, 2015 Page 2 In order to maximize development opportunities within the subject District, a Development Code Amendment is proposed to allow "Wholesale, Storage, and Distribution — Medium" which, if approved, would permit the construction and operation of logistics buildings with floor areas in excess of 50,000 square feet. The section of the Code that will be amended is Table 17.30.030-1 and will read as shown in Attachment L. The amendment will not change any of the technical standards (floor area ratio, building setbacks, parking requirements, landscape coverage, etc.), design standards (architecture, site design, etc.), allowable land uses (except for allowing "Wholesale, Storage, and Distribution — Medium" in the subject District), and/or performance standards (noise, odors, hazardous materials, etc.) that currently apply within the subject District. The performance standards that apply to the Industrial Park (IP) District are the most restrictive of the performance standards that apply to the Industrial Districts. The proposed amendment will apply to all parcels within the subject District (Attachment H). However, due to technical restraints, Code requirements, and/or previously approved or pending entitlements, the amendment will only have a practical effect on a limited number of parcels. The amendment does not supersede the restrictions that apply within the Haven Avenue Overlay District and staff has proposed a restriction that prohibits "Wholesale, Storage, and Distribution — Medium" within 500 feet of Foothill Boulevard (see explanation below). Per the General Plan and Development Code, the maximum floor area ratio (FAR) permitted in the subject District is 60 percent. In order to construct a building of 50,000 square feet or more and still comply with the maximum floor area ratio, the minimum parcel size upon which such a building could be built is 83,333 square feet (0.60 x 83,333 = 50,000). Status of Parcel Number of Parcels Located within the Industrial Park (IP) District) 557 Area Equal to or Greater than 83,333 Square Feet 557 —430 = 127 Have the Potential for Development 127 —93 = 34 Not within the Haven Avenue Overlay District 34— 11 = 23 Available for a Building of 50,000+ Square Feet in Floor Area 23 As shown in the table above, of the 557 parcels that are within the subject District, only 127 parcels have an area of 83,333 square feet or more (Attachment I) - four of these parcels are less than that size but could be combined with a contiguous parcel to make them larger. Of that number, only 34 parcels have the potential for development, i.e., they are vacant, underutilized, or due to the age of the existing development on the property, may be redeveloped within the next few years (Attachment J). As Warehouse, Storage, and Distribution uses/buildings of any type and size are not permitted within the Haven Avenue Overlay District per Table 17.38.040 of the Development Code (Attachment G), the number of parcels that could be developed is reduced further to 23 parcels (Attachment K). Foothill Boulevard is a major east-west corridor through the City. Although the City's goals for Foothill Boulevard differ from the goals for Haven Avenue, its significance to the City is similar as it serves as a vital commercial (and to a lesser extent, residential) corridor with numerous existing and planned nodes/areas of activity, aesthetic and architectural standards and themes, and traffic circulation P33 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2014-00567 —TURNER REAL ESTATE INVESTMENTS March 4, 2015 Page 3 patterns/types. None of these are compatible with the activity, mass and bulk the buildings, and/or heavy _ truck traffic associated with logistics buildings. In order to ensure that the Foothill Boulevard corridor is "protected," staff has incorporated into the proposed amended Table 17.30.030-1 the following footnote (which will be Note #12 in the Table): "Warehouse, Storage, and Distribution - Medium" is not permitted on any parcel that is located within, or partly within, 500 feet of the Foothill Boulevard right-of-way. Staff notes to the City Council that with this additional restriction incorporated into the Development Code, only 17 parcels could be developed with a logistics building of 50,000 square feet or more due to the subject Development Code Amendment. As part of this amendment, the footnote reference (#9) in the row that applies to "Warehouse, Storage, and Distribution — Medium" in Table 17.30.030-1 is being deleted. The cited footnote prohibits several land uses within 300 feet of a residentially zoned district (as stated in Note #9 beneath the subject Table). The footnote itself will remain as there is another use, "Medium Manufacturing" that is prohibited within 300 feet of a residentially zoned district. The restriction against "Warehouse, Storage, and Distribution — Medium" within 300 feet of a residentially zoned district is being deleted as there is no practical purpose to this restriction. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, staff determined that, with the imposition of mitigation measures related to, for example, air quality (including greenhouse gases), biological resources, hydrology/water quality, and noise 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. A Mitigation Monitoring Program was also prepared to ensure implementation of, and compliance with, the mitigation measures for the project. The comment period for the Notice of Intent to adopt a Mitigated Negative Declaration was from December 22, 2014 to January 28, 2015. During the comment period, staff received comments from the following agencies: • Department of Fish and Wildlife • San Bernardino County Department of Public Works • Office of Historic Preservation In response to the 3 comment letters received, staff added a condition of approval to address potential impacts to nesting birds noted by the Department of Fish and Wildlife; regarding correspondence from the San Bernardino County Department of Public Works, staff reviewed the comment and determined in conjunction with the Engineering Services Department that the project design addressed the comment; and lastly, staff determined that the comment from the Office of Historic Preservation was adequately addressed by the existing Mitigation Measures. It is important to note that none of the comments received required modification or the addition of Mitigation Measures or recirculation of the Initial Study. Also, none of the comments received were directly germane to the proposed Development Code Amendment that is before the City Council. Future projects that are classified as Wholesale, Storage, and Distribution — Medium that are submitted to the City for review as result of the Development Code Amendment will also be evaluated independently under CEQA for potential impacts. P34 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2014-00567 —TURNER REAL ESTATE INVESTMENTS March 4, 2015 Page 4 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No correspondence has been received in response to these notices. Respectfu y submitted, Candyce rnet Planning Director CB:MS/Is Attachment A — Planning Commission Staff Report, dated January 28, 2015 (with all attachments) Attachment B — Planning Commission Resolution No. 15-12 for Development Review DRC2014-00566 Attachment C — Planning Commission Resolution No. 15-13 for Tree Removal Permit DRC2014-00845 Attachment D — Planning Commission Resolution No. 15-11 Recommending Approval for Development Code Amendment DRC2014-00567 Attachment E — Table 17.30.030-1 Allowed Land Uses and Permit Requirements (excerpt) Attachment F —. Table 17.30.020 Allowed Land Use Descriptions (excerpt) Attachment G — Table 17.38.040-1 Allowed Land Uses and Permit Requirements (Haven Avenue Overlay District) Attachment H — Parcels within the Industrial Park (IP) District Attachment I — Parcels (within the Industrial Park (IP) District)with an Area of 83,000 Square Feet(or more) Attachment J — Parcels (within the Industrial Park (IP) District) that are Vacant, Underutilized, or Redevelopable Attachment K — Parcels (within the Industrial Park (IP) District) not within the Haven Avenue Overlay District Attachment L - Draft Table 17.30.030-1 Incorporating Revisions to Allow"Wholesale, Storage, and Distribution — Medium" in the Industrial Park (IP) District Draft Ordinance for Development Code Amendment DRC2014-00567 P35 STAFF REPORT I h PLANNING DEPARTMENT L�I • RANCHO CUCAMONGA DATE: January 28, 2015 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, Planning Director BY: Mike Smith, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2014-00567 — TURNER REAL ESTATE INVESMENTS - A proposal to amend the Development Code to permit the construction of buildings in excess of 50,000 square feet on select parcels located within the Industrial Park (IP) District. Related files: Development Review DRC2014-00566 and Tree Removal Permit DRC2014-00845. • Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2014-00566 — TURNER REAL ESTATE INVESMENTS: A proposal to construct an industrial building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres) in the Industrial Park (IP) District located at 10220 4th Street about 1,600 feet west of Haven Avenue; APN: 0210-0371-02. Related files: Development Code Amendment DRC2014-00567 and Tree Removal Permit DRC2014-00845. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. TREE REMOVAL PERMIT DRC2014-00845 — TURNER REAL ESTATE INVESMENTS —A request to remove trees in conjunction with the construction of an industrial building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres) in the Industrial Park (IP) District located at 10220 4th Street about 1,600 feet west of Haven Avenue; APN: 0210-0371-02. Related files: Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends the Planning Commission take the following actions: • Adopt a Mitigated Negative Declaration of environmental impacts for the project and recommend that the City Council adopt the Mitigated Negative Declaration for Development Code DRC2014-00567; • Adopt the attached Resolution recommending that the City Council approve Development Code Amendment DRC2014-00567; • Adopt the Resolutions approving Development Review DRC2014-00566 and Tree Removal Permit DRC2014-00845 PROJECT AND SITE DESCRIPTION A. Surrounding Land Use and Zoning: North - Industrial Office Buildings; Industrial Park (IP) District South - Apartment Complex; Urban Residential — Ontario Center Specific Plan (City of Ontario) Attachment A P36 PLANNING COMMISSION STAFF REPORT DRC2014-00566, DRC2014-00567, AND DRC2014-00845—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 2 East - Vacant (part) and Industrial Building (part); Industrial Park (IP) District West - Vacant; Industrial Park (IP) District B. General Plan Designations: Project Site — Industrial Park North - Industrial Park South - Medium Density Residential (City of Ontario) East - Industrial Park West - Industrial Park C. Site Characteristics: The project site is a property located on the north side of 4th Street about 1,600 feet west of Haven Avenue (Exhibit B). The property has an area of about 249,000 square feet (5.72 acres) and is about 415 feet (east-west) by about 601 feet (north-south). The western two-thirds of the property was previously developed with a two (2) buildings with a combined floor area of about 22,500 square feet, and associated site improvements such as asphalt storage/parking areas, landscaping (ground cover) and numerous mature trees along 4th Street and along the perimeter. The City's records are incomplete regarding these buildings but based on the information that is available, these buildings were most likely constructed in the late 1970's or early 1980's. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings, the paving, and the landscaping remain. The eastern one-third of parcel is vacant and is dominated by short grasses. Development of the site for the subject project will result in the removal of all the identified improvements. The project site is bound on the north by industrial office buildings. To the east is a property that is partially developed with a building of about 13,000 square feet. To the west is a vacant property while to the south, on the opposite side of 4th Street, is an apartment complex (Centre Club Apartments) in the City of Ontario. The zoning of the property and all properties to the north, east, and west is Industrial Park (IP) District. The zoning of the property to the south, in the City of Ontario, is Urban Residential — Ontario Center Specific Plan. The subject property is generally level with an elevation at the north and south sides of about 1,041 feet and 1,030 feet, respectively. ANALYSIS: A. General: The applicant proposes to construct a logistics building of about 116,480 square feet (Exhibit D). The building is speculative at this time. As the building is in excess of 50,000 square feet, activities within this building would be classified as "Wholesale, Storage, and Distribution — Medium." However, as this level of wholesale, storage, and distribution is not permitted in the Industrial Park (IP) District at this time, the applicant has submitted an application to amend the Development Code (Related file: DRC2014-00567) to allow it. Typical for this type of building, there will be a relatively small office area relative to the overall size of the building. This office area will be located at the southeast corner of the building. The dock loading/storage area with 18 dock doors will be located on the east side of the building (Exhibit F). There will be two points of access — one via an existing driveway and another via a new driveway at the southwest and southeast corners, respectively, of the project site. The existing driveway at the midpoint of the site's street frontage will be demolished. The building is required to have 76 passenger vehicle parking stalls; 76 parking stalls are provided. Landscape coverage is 15 percent; the minimum requirement is 15 percent for this Development District. P37 PLANNING COMMISSION STAFF REPORT DRC2014-00566, DRC2014-00567, AND DRC2014-00845 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 3 The proposed building will be of concrete tilt-up construction painted with a palette of two colors (blue and shades of grey). The building will have sandblasted concrete accents. An additional primary material will be metal accents while a secondary material will be glass panels. Generous amounts of blue-tinted glass have been provided at the office area and at various locations along the wall planes of the building. A key feature is glass that is applied almost to the full height of the office corner that gives it the appearance of a glass "'cube." Another feature are the horizontally articulated vertical elements located at intermediate points along the primary wall planes that interrupt the wall plane. These vertical elements include glass panels. At the office corner, there are also horizontal metal accents that project from the wall plane. These accents punctuate the application of glass and provide shaded relief. On the East Elevation, there are a couple of vertical design elements that minimize the expanse of plain, bare walls in the dock area. Lastly, all corners, with the exception of the northeast corner, are enhanced by utilizing different shades of grey, metal canopies, score lines, and relief in the wall plane that, altogether, reflect the general appearance of the office corner (Exhibits H and I). B. Floor Area Analysis: Per Chapter 2, Figure LU-2 Land Use Plan of the General Plan, the maximum Floor Area Ratio (FAR) in the Industrial Park (IP) land use category is 60 percent. As the proposed building will have a floor area of 116,480 square feet and the project site has an area of approximately 249,316 square feet, the calculated FAR for the project will be approximately 46.7 percent. C. Parking Calculations: Per Table 17.64.050-1 of the Development Code, the parking calculations for the proposed project, based on the proposed mix of office, warehouse, and manufacturing floor areas in the building, are as follows: Type of Use Floor Area Parking Number of Spaces (Square Feet) Ratio Required Proposed Building (overall) 116,480 Warehousing 109,480 varies' 48 Office 7,000 1/250 28 Total Required/Total Provided 76/762 'For warehouse uses, the parking calculations are 1 space per 1,000 square feet for the first 20,000 square feet; 1 space per 2,000 square feet for the second 20,000 square feet; and 1 space per 4,000 square feet for additional floor area in excess of the first 40,000 square feet. 2The trailer parking requirement is calculated separately from the standard parking requirement and is based on a ratio of one stall per dock door. The number of trailer parking spaces that is required and provided is 18 spaces. D. Technical Review Committee: The proposed project was reviewed by the Technical Review Committee on November 18, 2014. The Committee accepted the proposal and recommend approval. The Committees' conditions have been incorporated into the Resolution of Approval. E. Design Review Committee: The proposed project was reviewed by the Design Review Committee (Fletcher, Oaxaca, and Granger) on November 18, 2014, (Exhibit L). The Committee accepted the proposal, subject to the revisions recommended in the Comments P38 PLANNING COMMISSION STAFF REPORT DRC2014-00566, DRC2014-00567, AND DRC2014-00845 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 4 prepared by Staff, and recommend approval. The Committee's conditions have been incorporated into the Resolution of Approval. F. Development Code Amendment DRC2014-00567: The project is for a logistics building of about 116,480 square feet. As the building has a floor area that is in excess of 50,000 square feet, activities within a building of the proposed size are classified as "Wholesale, Storage, and Distribution — Medium" per Section 17.32.020 —Allowed Use Descriptions — of the Development Code (Exhibit M). The Industrial Park (IP) District is described in Table 17.26.020-1 for the Development Code as follows: Designate[d] areas for industrial firms seeking an attractive and pleasant working environment and a location which has prestige value. The district allows light industrial uses, office and administration facilities, research and development laboratories, and limited types of warehousing, as well as support businesses and commercial service uses. The Development Code currently does not permit "Wholesale, Storage, and Distribution — Medium", and the corresponding buildings for such uses, in the Industrial Park (IP) Districts (hereon referred to as the "subject District") [Exhibit N]). In the subject District, the Code does permit "Wholesale, Storage, and Distribution — Light"; however, the corresponding buildings for such uses are limited to less than 50,000 square feet in floor area. Aside from the floor area 'limit', there is no significant difference between the "Light" and "Medium" classes of Wholesale, Storage, and Distribution. In order to maximize the development opportunity of the project site, the applicant has submitted a Development Code Amendment to allow "Wholesale, Storage, and Distribution — Medium" which, if approved, would permit the construction and operation of the proposed logistics building. The Industrial Park (IP) Districts are generally located between Foothill Boulevard, Rochester Avenue/Interstate 15, Hermosa Avenue, and 4th Street. The section of the Code that will be amended is Table 17.30.030-1 and will read as shown in Exhibit O. The amendment will not change any of the technical standards (floor area ratio, building setbacks, parking requirements, landscape coverage, etc.), design standards (architecture, site design, etc.), allowable land uses (except for allowing "Wholesale, Storage, and Distribution — Medium" in the Industrial Park (IP) District), and/or performance standards (noise, odors, hazardous materials, etc.) that currently apply within the subject District. The performance standards that apply to the Industrial Park (IP) Districts are the most restrictive of the performance standards that apply to the industrial districts. The proposed amendment will apply to all parcels within the subject District (Exhibit Q). However, due to technical restraints, Code requirements, and/or previously approved or pending entitlements, the amendment will only have a practical effect on a limited number of parcels. The amendment does not supersede the restrictions that apply within the Haven Avenue Overlay District and Staff has proposed a restriction that prohibits "Wholesale, Storage, and Distribution — Medium" within 500 feet of Foothill Boulevard (see explanation below). Per the General Plan and Development Code, the maximum floor area ratio (FAR) permitted in the subject District is 60 percent. In order to construct a building of 50,000 square feet or more and still comply with the maximum floor area ratio, the minimum parcel size upon which such a building could be built is 83,333 square feet (0.60 x 83,333 = 50,000). P39 PLANNING COMMISSION STAFF REPORT DRC2014-00566, DRC2014-00567, AND DRC2014-00845 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 5 Status of Parcel Number of Parcels Located within the Industrial Park (IP) District) 557 Area Equal to or Greater than 83,333 Square Feet 557 —430 = 127 - - Have the Potential for Development 127 —93 = 34 Not within the Haven Avenue Overlay District 34— 11 = 23 Available for a Building of 50,000+ Square Feet in Floor Area 23 As shown in the table above, of the 557 parcels that are within the subject District, only 127 parcels have an area of 83,333 square feet or more (four of these parcels are less than that size but could be combined with a contiguous parcel to make them larger). Of that number, only 34 parcels have the potential for development, i.e., they are vacant, underutilized, or due to the age of the existing development on the property, may be redeveloped within the next few years. As Warehouse, Storage, and Distribution uses/buildings of any type and size are not permitted within the Haven Avenue Overlay District per Table 17.38.040 of the Development Code (Exhibit P), the number of parcels that could be developed is reduced further to 23 parcels. Foothill Boulevard is a major east-west corridor through the City. Although the City's goals for Foothill Boulevard differ from the goals for Haven Avenue, its significance to the City is similar as it serves as a vital commercial (and to a lesser extent, residential) corridor with numerous existing and planned nodes/areas of activity, aesthetic and architectural standards and themes, and traffic circulation patterns/types. None of these are compatible with the activity, mass and bulk the buildings, and/or heavy truck traffic associated with logistics buildings. In order to ensure that the Foothill Boulevard corridor is "protected," staff has incorporated into the proposed amended Table 17.30.030-1 the following footnote (which will be Note #12 in the Table): "Warehouse, Storage, and Distribution - Medium" is not permitted on any parcel that is located within, or partly within, 500 feet of the Foothill Boulevard right-of-way. Staff notes to the Commission with this additional restriction incorporated into the Development Code, only 17 parcels could be developed with a logistics building of 50,000 square feet or more due to the subject Development Code Amendment. As part of this amendment, the footnote reference (#9) in the row that applies to "Warehouse, Storage, and Distribution — Medium" in Table 17.30.030-1 is being deleted. The cited footnote prohibits several land uses within 300 feet of a residentially zoned district (as stated in Note #9 beneath the subject Table).The footnote itself will remain as there is another use, "Medium Manufacturing" that is prohibited within 300 feet of a residentially zoned district. The restriction against "Warehouse, Storage, and Distribution — Medium" within 300 feet of a residentially zoned district is being deleted as there is no practical purpose to this restriction. One of the most significant impacts that logistics activities could have on residential development due to proximity is noise caused by activity in the loading docks. Most activity related to logistics are P40 PLANNING COMMISSION STAFF REPORT DRC2014-00566, DRC2014-00567, AND DRC2014-00845 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 6 conducted indoors regardless of the size of the building. Furthermore, noise generated in the dock areas is usually attenuated by either the building itself and/or by on-site screen walls. Specific to the proposed project, there is residentially zoned property to the south of the project site that is improved with an apartment complex in the City of Ontario. The dock area for the proposed building is oriented towards the east (as opposed to towards the street), will be screened behind the bulk of the building and a screen wall, and Per the Noise Study that was prepared by MIGIHogle-Ireland in April 2014 on behalf of the applicant: ...the increase in traffic generated noise will only be perceptible to the community if traffic levels double on any roadway. The proposed project will not double traffic on any of the surrounding roadways. Therefore, the project-related noise increases on 4th Street will not be perceptible and impacts will be less than significant. Traffic is another significant impact that logistics activities could have on residential development due to trucks travelling to and from the project site. Specific to the proposed project, there will be two (2) driveways providing access to the project site. The site is separated from the residential development to the south by a raised, landscaped median. As traffic generated by the project will take the most direct route to major highways, it is unlikely there will be a direct traffic impact on the residences to the south. As there are no openings in the median to allow left turn movements, traffic to and from the project site will be limited to the north side of 4'^ Street. Per the Traffic Impact Assessment prepared by Linscott, Law & Greenspan on April 29, 2014 on behalf of the applicant: Using the "100 trip threshold" criteria as indicated in the SANBAG Congestion Management Program (CMP) as the basis for requiring the preparation of a traffic impact analysis, the proposed Project would not require the preparation of a traffic impact analysis or comprehensive traffic impact assessment. As a result, based on the traffic generation potential of the proposed 4th Street Industrial Project, the proposed maximum 120,000 SF warehouse building will not significantly impact the surrounding transportation system. Staff notes to the Commission that the adoption of the amendment does not preclude the review by the City of any future project located on other parcels within the Industrial Park (IP) Districts and conducting a thorough analysis of the environmental impacts as required by the California Environmental Quality Act (CEQA). When the applications for future projects are submitted for review by the City, the impact (if any) due to, for example, noise, caused by future projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. G. Tree Removal Permit DRC2014-00845: The proposed project includes the removal of five (5) trees that are located at the south side of the project site. The applicant submitted a Tree Survey, prepared by MIG/Hogle-Ireland on August 27, 2014, that included the description and health of the individual trees and their overall health and condition. The survey identified only one (1) of these trees as "heritage" trees which are subject to the City's tree preservation requirements as described in Section 17.80.050 of the Development Code. As it is necessary to remove the heritage tree in order to grade the site and construct the proposed building and associated improvements which will allow economic enjoyment of the property, the applicant has submitted a Tree Removal Permit. The proposed project will be required to include the planting of a new tree to replace the heritage tree that is removed. This replacement tree will be P41 PLANNING COMMISSION STAFF REPORT DRC2014-00566, DRC2014-00567, AND DRC2014-00845—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 7 in addition to the trees that are required by the Development Code for new industrial development. H. Environmental Assessment: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, staff prepared an Initial Study of the potential environmental - effects of the project. Based on the findings contained in that Initial Study, staff determined that, with the imposition of mitigation measures related to, for example, air quality (including greenhouse gases), biological resources, hydrology/water quality, and noise 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. A Mitigation Monitoring Program has also been prepared to ensure implementation of, and compliance with, the mitigation measures for the project. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 660-foot radius of the project site. No correspondence has been received in response to these notices. Respectfully su',; itted, \AP IF Candyce Burnt Planning Director CB:MS/Is Attachments: Exhibit A - Location Map Exhibit B - Aerial Photo Exhibit C - Site Utilization Map Exhibit D - Site Plan Exhibit E - Conceptual Grading Plan Exhibit F - Floor Plan Exhibit G - Roof Plan and Building Sections Exhibit H - Building Elevations and Enlarged Elevation of the South Elevation Exhibit I - Colored Elevations • Exhibit J - Details for the Outdoor Eating Area, Trash Enclosure, Screen Wall, etc. Exhibit K - Landscape Plan Exhibit L - Design Review Committee Action Comments (November 18, 2014) Exhibit M - Section 17.32.020 -Allowed Use Descriptions (excerpt) Exhibit N - Table 17.30.030-1 (excerpt) — Allowed Land Uses...Base Zoning District (excerpt) Exhibit 0 - Table 17.30.030-1 (excerpt) with Amendments Exhibit P - Table 17.38.040-1 — Allowed Land Uses...Haven Avenue Overlay Zoning District Exhibit Q - Analysis of the Parcels within the Industrial Park (IP) Districts Exhibit R - Initial Study Parts I, II, and III Draft Resolution of Approval for Development Review DRC2014-00566 P42 PLANNING COMMISSION STAFF REPORT DRC2014-00566, DRC2014-00567, AND DRC2014-00845 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 8 Draft Resolution of Approval for Development Code Amendment DRC2014-00567 Draft Resolution of Approval for Tree Removal Permit DRC2014-00845 ' 1 g CRURGE.i..i ' '''''- i• ,;'. 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I,,,,,I p.n.=r.q '/NAWRIpilfa r • ' A • 2 - ,,R• - 31e . e I. . . ... , Ka.thcmtfr.,,,,g.4.,,,Ilssii. ,e..• g. wile' 'g • WI t V . i I • ...,., , g ; = ' • •,,. ... .KEAY ST ,' I i • 7 I.- S- g V Ei. tri ' X 1 42 .--P.NEAr g 1,7ggv.1. , _ :, ': .•••' - ■ FI.5 Pc 1 04-V I c2-4:'i S--- lir i • .. f. . • S 15 . EXHIBIT A , ,. . .. ,.. CUCAMONGA- i ..... 4 wv,4,--' .' • --i— 4TH ST _. . GUASTI ., REGIONAL . OA Di/ . Development Review DRC2014-00566 P44 Development Code Amendment DRC2014-00567 . _, lif _ _ ... _ _ __,_ __ _ / , 61 A - 7 -4_ rrie:. . , i 71 T € ' ^''` L ' 441441 1Y114 .r .1.A1l !• .i.'a11 ; I. `" 1 0 1:14 • ' ' •:: *. .., 1 r Y'. - - - i 1,l I I;:A «a.PI h•.'....A114,144::4:4-1 ' a'' •li'.. • J- •;11111.. Pt-I; _ ` •!- "+. - T . „ham- ,P 1;1 I� \• y t! 61� ' r _ r ' _ _ 4� --r ::.- . ....-__ .'• f .ite - _ Li 1. '* 'i w! ; li L.1 1. =o # ."• • --4 L r- -+.116 .1 i Ed�GIY I1 .J+� .` d -..-. __---7. 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J PC EXHIBIT K • P55 DESIGN REVIEW COMMENTS 7:00 p.m. Mike Smith November 18, 2014 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2014-00566 — TURNER REAL ESTATE INVESTMENTS-A proposal to construct an industrial building of about 116,480 square feet on a parcel of about 249,000 square feet(5.72 acres)within the Industrial Park(IP)District, located at 10220 4th Street about 1,600 feet west of Haven Avenue - APN: 0210-0371-02. Related case: Development Code Amendment DRC2014-00567 and Tree Removal Permit DRC2014-00845. Staff has - prepared a Mitigated Negative Declaration of environmental impacts for consideration. Design Parameters: The project site is a parcel with an area of about 249,000 square feet (5.72 acres). The parcel is approximately 415 feet (east to west) by approximately 601 feet(north- south). The western two-thirds of the parcel was previously developed with two(2) buildings with a combined floor area of approximately 22,500 square feet, along with associated surface improvements such as asphalt storage/parking areas and landscaping comprised of ground cover and numerous mature trees along 4th Street and along the perimeter. A records search yielded incomplete information but based on the information that is available, these buildings were most likely constructed in the late 1970's or early 1980's. Within the last few years there has been ongoing deconstruction/demolition activity on the property; therefore, only the smaller of the two buildings, the paving, and the landscaping remain. The eastern one-third of the parcel is vacant and is dominated by short grasses. Development of the site for the subject project will result in the removal of all the identified improvements. The project site is bound on the north by industrial office buildings. To the east is a property that is partially developed with a building of approximately 13,000 square feet. To the west is a vacant property, while to the south, on the opposite side of 4th Street, is an apartment complex (Centre Club Apartments) in the City of Ontario. The zoning of the property and all properties to the north, east, and west is Industrial Park (IP) District. The zoning of the property to the south in the City of Ontario is Urban Residential —Ontario Center Specific Plan. With the exception of a sloped area along the north property line,the subject property is generally level with an elevation at the north and south sides of approximately 1,041 feet and 1,030 feet, respectively. The applicant proposes to construct a warehouse distribution building of approximately 116,480 square feet. As the building is in excess of 50,000 square feet, activities within this building would be classified as"Wholesale, Storage, and Distribution—Medium." However, as this level of wholesale, storage, and distribution is not currently permitted in the Industrial Park(IP) District at this time, the applicant has submitted an application to amend the Development Code (Related case: DRC2014-00567) to permit this land use. Typical for this type of building, there will be an office area located at the southeast corner of the building. The dock loading/storage area with 18 dock doors will be located on the east side of the building. There will be two points of access—one via an existing driveway and another via a new driveway at the southwest and southeast corners, respectively, of the project site. The existing driveway at the midpoint of the street frontage of the site will be removed. The building is required to have 76 passenger vehicle parking stalls, 78 parking stalls are provided. The distribution of landscaping will be generally equal throughout the project site. Generous ground cover and trees will be provided along the street frontage at 4th Street at the office area and along the north and west property lines. Additional landscaping will be provided along the north and west sides of the building. Landscape coverage is 12.6 percent; the minimum requirement is 15 percent for this Development District. Staff notes to the Committee that the applicant will have to provide additional landscaping to satisfy the minimum landscaping requirement. Pc 'I28 (awls EXHIBIT L P56 DRC ACTION AGENDA DRC2014-00566 —TURNER REAL ESTATE INVESTMENTS November 18, 2014 Page 2 The proposed building will be of concrete tilt-up construction painted with a palette of two colors (blue and shades of grey). The building will have sandblasted concrete accents. An additional primary material will be metal accents while a secondary material will be glass panels. Generous amounts of blue-tinted glass have been provided at the office area and at various locations along the wall planes of the building. A key feature is glass that is applied almost to the full height of the officer corner that gives it the appearance of a glass "cube." As the uses expected within the building are to be logistics-oriented, to maximize the efficiency of the interior space there is limited articulation of the wall planes along the east and west elevations of the building. Nevertheless, there will be horizontally articulated vertical elements located at intermediate points along that will interrupt the wall planes of the building. These vertical elements include glass panels. At the office corner, there are also horizontal metal accents that project from the wall plane. These accents punctuate the application of glass and provide shaded relief. On the east elevation, there are a couple of vertical design elements that minimize the expanse of plain, bare walls in the dock area. Lastly, all corners, with the exception of the northeast corner, are enhanced by utilizing different shades of grey, metal canopies, score lines, and relief in the wall plane that altogether reflect the general appearance of the office corner. A wrought iron fence/gate is proposed to be erected between the dock loading/yard area and the standards passenger vehicle parking area. Perimeter fencing will be comprised of a chain link fence along the east and west property lines. Along the north property line there is a concrete tilt-up wall of approximately 6 feet in height that will remain in-place. The majority of the buildings in the vicinity range in size from small industrial office buildings (primarily located to the north)of approximately 8,000 to 24,000 square feet in floor area to logistics buildings(generally located to the north and west) of approximately 550,000 to 850,000 square feet. The massing and scale of the building will be similar to a logistics building located approximately 280 feet to the northwest of the project site. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Major Issues: The following broad design issues will be the focus of Committee discussion regarding this project. Per Table 17.36.040-1 of the Development Code, the minimum open space requirement in the Industrial Park (IP) District is 15 percent. According to the"Project Data"table on Sheet A1.1, the landscape provided is 15.7 percent when including pavement, but 12.6 percent when the pavement is not included; the difference is approximately 6,000 square feet. Unless the pavement is for the purpose of pedestrian use, plaza areas, the outdoor eating area, etc., then pavement cannot be counted toward the open space requirement; vehicle parking areas cannot be included. Solutions include reducing the floor area of the building, providing additional landscaping at the northeast corner of the building, and providing landscaping in the area where the trailers are proposed to be stored. Note: Staff discussed the issue with the applicant and, at the time of the preparation of this report, he was in the process of addressing this deficiency and will provide updated Site and Landscape plans at the Committee meeting. Secondary Issues: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues. • • • • P57 DRC ACTION AGENDA DRC2014-00566—TURNER REAL ESTATE INVESTMENTS November 18, 2014 Page 3 1. At the northwest and southwest corners of the building and at the vertical elements along the wall plane on all elevations, incorporate a sandblasted concrete finish instead of relying only on paint color(in this case, Sherwin Williams SW 7072 and 7073) to differentiate the feature from the adjacent wall panels. 2. Per Section 17.48.050(E)(1)(e) of the Development Code, "within all land use categories except Heavy Industrial, all storage area screening shall be architecturally integrated with surrounding buildings by the use of concrete, masonry, or other similar materials not to exceed a height of eight feet(8 feet)from the highest finished grade." To comply with this requirement, a concrete tilt-up wall with a height of 8 feet that incorporates some of the design elements that are on the building, such as sandblasted finish, score lines, and matching painted scheme, shall be constructed between the standard passenger parking area and the dock loading/yard area instead of the wrought iron fence. The wrought iron gate shall have a metal mesh screen attached to it to minimize visibility through it. • 3. Per Section 17.48.050(E)(2)(c) of the Development Code, within all land use categories except Heavy Industrial, all fencing or walls shall be wrought iron, concrete, masonry, or other similar materials not to exceed a height of eight feet(8 feet)from the highest finished grade.The use of barbed wire or similar materials is prohibited from these land use categories. Chain-link fencing may be used in areas not visible in front setback area." The chain link fencing along the west and east property lines shall not encroach into the 45-foot setback area. Policy Issues: The following items are a matter of Planning Commission policy and should be incorporated into the project design without discussion. 1. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations that are not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections(FDC)screened behind a 4- foot high block wall. These walls shall be constructed of decorative masonry block such as slumpstone or stackstone or poured in-place concrete with design elements incorporated to match the building. 2. All ground-mounted equipment, including utility boxes, transformers, and back-flow devices, shall be surrounded by a minimum of two rows of shrubs spaced a minimum of 18 inches on- center. All ground-mounted equipment shall be painted dark green except as directed otherwise by the Fire Department. 3. The employee lunch area shall have an overhead trellis with cross members spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches. Each support column shall have a decorative base that incorporates the architectural design and finishes/trim used on the building. The trellis shall be painted to match the building, and tables, chairs/benches, and waste receptacles shall be provided. 4. Downspouts shall not be visible from the exterior on any elevations of the building. All downspouts shall be routed through the interior of the building walls. 5. All wrought iron fences and sliding gates shall be painted black or similarly dark color. 6. All walls, including retaining walls, exposed to public view shall be constructed of decorative masonry blocks, i.e. slump stone, split-face, or have a decorative finish such as stucco. P58 DRC ACTION AGENDA DRC2014-00566—TURNER REAL ESTATE INVESTMENTS November 18, 2014 Page 4 7. Decorative paving shall be provided at each vehicle entrance to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the 45-foot setback line and have a width equal to that of the driveway. 8. All doors (roll-up, dock doors, emergency access) shall be painted to match the color of the adjacent wall or glass panel. Staff Recommendation: Staff recommends that the Committee recommend approval of the project to the Planning Commission, subject to revisions that are necessary to ensure the project complies with the landscape coverage requirement described in the Development Code, and forward it to the Planning Commission for review and action. Design Review Committee Action: The Committee reviewed the proposal and discussed the required revisions with the applicant. Staff noted to the Committee that prior to the meeting (but after this report was prepared) the applicant revised the landscaping of the project site in order to comply the landscape coverage requirement. A revised set of plans with the added landscaping was included in the presentation to the Committee. The applicant agreed to add sandblasted finish to the building and will comply with the other conditions that are described in this report. The Committee accepted the proposal subject to the revisions as noted and recommend approval to the Planning Commission. Members Present: Fletcher, Oaxaca, Granger Staff Planner: Mike Smith • P59 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 reusable scrap and waste materials.This use does not include landfills or other terminal waste disposal sites. Also see Auto Vehicle Dismantling for related use for automobiles. Collection of recycling materials as the sole activity is included in the definition of Recycling Facility— Collection. 12. Research and Development. Indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that is not associated with a manufacturing facility on the same site. Includes, but is not limited to, chemical and biotechnology research and development. Does not include computer software companies(see Office, Business and Professional), soils and other materials testing laboratories (see Business Support Services), or medical laboratories (see Medical Services, General). 13. Storage, Personal Storage Facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. 14. Storage Warehouse. Facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see Storage, Personal Storage Facility) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see Wholesale, Storage and Distribution (Heavy, Medium and Light)). 15. Storage Yard.The storage of various materials outside of a structure other than fencing, either as an accessory or principal use. 16. Wholesale, Storage, and Distribution — Heavy. Activities typically include, but are not limited to, warehousing, storage, freight handling, shipping, trucking services and terminals, and storage and wholesaling from the premises of unfinished, raw, or semi-refined products requiring further processing, fabrication, or manufacturing. Typical uses include, but are not limited to, trucking firms, and the wholesaling of metals, minerals, and agricultural •roducts. Outdoor storage is permitted. 17. Wholesale, Storage,and Distribution—Light.Activities typically include, but are not limited to,wholesaling, storage, and warehousing services and storage and wholesale to retailers from the premises of finished goods and food products. Activities under this classification shall be conducted in enclosed buildings and occupy 50,000 square feet or less of building space. Retail sales from the premises may occur when approved by a Conditional Use Permit. 18. Wholesale, Storage, and Distribution—Medium.Activities typically include, but are not limited to, wholesale, storage, and warehousing services; moving and storage services; storage and wholesaling to retailers from the premises of finished goods and food products; and distribution facilities for large-scale retail firms. Activities under this classification shall be conducted in enclosed buildings and occupy greater than 50,000 square feet of building space. Included are multi-tenant or speculative buildings with over 50,000 square feet of warehouse space. Pc 'lag 11� 17.32.21 EXHIBITM P60 Article Ill, Chapter 17.30 Rancho Cucamonga Development Code Land iriot Use/Zoning > J g 2 I O z v uu I (� = p = District u. _ 1 Recycling Facility, Processing N N N N N N N N N N N N N C C N N N N Recycling Facility, Scrap and N N N N N N N N N N N N N 1 N C N N N N Dismantling Facility Research and N N N N N N N N N N N N N j N N N N N N Development Storage, Personal N N N N N N N N N N N N N i C C N N N N Storage Facility _ 1 Storage Warehouse N N N N N N N N N C N N N C C N N N N Storage Yard N N N N N N N N N N N N N 1 P P N N N N Wholesale, Storage, / j and Distribution— N N N N N N N N N N N N N I P P P N N N N .-. • a. a a..aaa a a a a.a a a as Wholesale, Storage, 1 and Distribution — N N N N N N N N N N N N N '1 ' 1- P P N N N N Light 1 Wholesale, Storage, j and Distribution— N N N N N N N N N N N N N 1 - P P N N N N Medium (9) 1 1 a:a 10 es: (1) See additional regulations for second dwelling units in Chapter 17.100. (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipe line development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (11) Family Day Care Home—Large requires approval of a Large Family Day Care Permit,not a Conditional Use Permit. Section 17.30.040 Other Allowed Use Provisions In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), additional allowed use provisions are described in the following articles and chapters of this Title. A. Specific Use Requirements. Article V(Specific Use Requirements) identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in Article V are intended to supplement the allowed use E c t(a-g ( ?oiss- 17.30-10 EXHIBIT N P61 Article III, Chapter 17.30 Rancho Cucamonga Development Code Land Use/Zoning ce t. U O a x U7 re t U District > 2 2 O z O U u) re 0 — C7 5 x O x v. Recycling Facility, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap and N N N N N N N N N N N N N N N N N C N N N N Dismantling Facility • Research and N N N N N N N N N N N N N N P P N N N N N N Development Storage, Personal N N N N N N N N N N N N N N N C C C N N N N Storage Facility Storage Warehouse N N N N N N N N N C N N N N N C C C N N N N Storage Yard N N N N N N N N N N N N N N N C P P N N N N Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N N C P P N N N N Heavy Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N P P P P N N N N Light Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N N P P P N N N N Medium f4)(12) ...._____ - Table Notes: Delete "(9)" and add "(12)" (1) See additional regulations for second dwelling units in Chapter 17.100. Change to .,P,. (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (11) Family Day Care Home—Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit. Add Table Note #12 here (see below) Section 17.30.040 Other Allowed Use Provisions In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), additional allowed use provisions are described in the following articles and chapters of this Title. A. Specific Use Requirements. Article V(Specific Use Requirements) identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in Article V are intended to supplement the allowed use (12) "Warehouse, Storage, and Distribution - Medium" is not permitted on any parcel that is located within. or partly within, 500 feet of the Foothill Boulevard right-of-way. u / -' j5 17.30-10 EXHIBIT 0 P62 Rancho Cucamonga Development Code Article III, Chapter 17.38 TABLE 17.38.040-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR HAVEN AVENUE OVERLAY ZONING DISTRICT Land Use/Zoning District I HA Recreation, Resource Preservation,Open Space, Education,and Public Assembly Uses Assembly Use C Community Center/Civic Use P Indoor Fitness and Sports Facility- Large C Indoor Fitness and Sports Facility- Small C Park and Public Plaza C Public Safety Facility C School, Academic(Private) C School, Academic(Public) C School, College/University(Private) C School, College/University(Public) C Schools, Specialized Education and Training/Studio C Utility,Transportation,Public Facility,and Communication Uses - Broadcasting and Recording Studios P Park and Ride Facility P Parking Facility C Transit Facility C Utility Facility and Infrastructure—Pipelines(1) P Retail, Service,and Office Uses • Alcoholic Beverage Sales C Banks and Financial Services P Business Support Services P Call Centers C Child Day Care Facility/Center C Convenience Store C Furniture, Furnishing, and Appliance Store C Hotel and Motel p Massage Establishment P Medical Services, General P Office, Business and Professional P Office, Accessory p Restaurant, No Liquor Service P Pc 'lag I 7-015- EXHIBIT P 17.38-5 P63 Article Ill, Chapter 17.38 Rancho Cucamonga Development Code Land Use/Zoning District HA Restaurant, Beer and Wine P Restaurant, Full Liquor Service C Automobile and Vehicle Uses Car Washing and Detailing tsl,(3),(4) C Service Stations(2).(3) Table Notes: (1) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (2) Service stations and car washing and detailing establishments are prohibited within 34 mile of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue intersections.No service station or car washing and detailing establishment shall be closer than 34 mile of another service station or car washing and detailing establishment as measured from the nearest property line. (3) Service stations shall be designed to reflect the architectural standards and guidelines within the Haven Avenue Overlay District. No corporate"prototype"architecture design will be permitted.Service stations are only permitted when designed as part of, and designed consistent with,profession office complexes. (4) Full service attended car washing and detailing establishments are permitted to operate a quick tube oil changes facility. Quick lube facilities that are part of an attended car wash shall be fully screened from the Haven Avenue right-of-way. D. Special Development Regulations. Special development regulations for the Haven Avenue Overlay Zoning District are intended to result in a progressive, sophisticated, and urban style of development. Special site planning and landscaping requirements are included in Section 17.122.050 (Haven Avenue) to enhance the pedestrian environment and create a campus-like atmosphere. Section 17.38.050 Industrial Commercial Overlay Zoning District A. Purpose. The purpose of the Industrial Commercial Overlay District is to establish unique allowed use provisions and project compatibility requirements for areas of the city where both industrial park and retail development are compatible. B. Applicability. The Industrial Commercial Overlay Zoning District applies to property designated on the Zoning Map by reference letters "IC" after the reference letter(s) identifying the base zoning district. C. Allowed Use. Allowed uses for the Industrial Commercial Overlay Zoning District are listed below in Table 17.38.050-1 (Allowed Land Uses and Permit Requirements for Industrial Commercial Overlay Zoning District). Generally, a use is either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In the table below, a land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this Title (e.g., development standards) as well state and federal law. Additionally, a land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a Conditional Use Permit from the designated approving authority, subject to compliance with all applicable provisions of this Zoning Code (e.g., development standards)as well as state and federal law. Uses not listed in the table are not permitted. In the event of a conflict between the allowed uses for this district and the allowed uses of the underlying base zoning district, the allowed uses for this district shall apply. 17.38-6 • I I P64 . 9 J Ja;sayooa IFhill -"--4 I Wil 11-11 WO 1 midi L To ...: 11.,,,, o il.Lig _ .....,.... •_ L. N Dili ii!% any ualIIIIW • CI iiiiiii SW -10 lidi hill e WI !ill a) tf5 -C . 114 1'j r—Liii' ar117:44 IDZIml a 'il a rm !'l\a.:.► any ueneii N- — - :--I-1 'UM 1.1111111 "mit ,••■, any esowuaH aw -cs a) CI) co iii 3 in o Q 2 .o .. o0 u_ .*a 1 any Plegl43A V Q0*.•... E E. �.•I Y U C -E CD 2 L a) z 0 O - 'u1 L C a C; j a1 Q1 I N y a)-, EXHIBIT �i any�a�ee a) a CD ID orf 0 I I P65 NI , i L I I any Ja;sayaoa --- _.. ... ...c..0 .. E Sim eig ..,...., 0 ,...„,„,ir, * IA II Imi; C 10111141 ii: a) ow ELL LL. EEE any uam!II!W OF M Airtii CI CO 111, we'Ill .11 a) 415 -z O Otos,io i rib O 4 . '►ion: S.; p( =4.1.....Nppu . . . 1 M ; CO all En im-i - --_-i,iUl 1 1 r'i ao :r any uaneH lier.iii ' C O I F_,ca 1 IL � Qany esowiaH > C El-3 o cc m CCS w c ` s o 4.a LL 4 '` l any Pleq!4oi‘ U — as - ,,�..� a N .0* E 0 LL Y U O. 7, w Q N O 0 y .77. 17). a I am �_ r N T :,v2 3 Q c Si 0 C any aa�e8 c a i O .1 ) 6- :Er - -- CSI 1 \\ ' P66 If o any aaIs01.1301:1 Id ,-----/-c---1130 \-1\----. _. N IP L' ■QM I 1 I ` �� any ua�!II!W • CU fit• 46. 15 CI ID a) III (16 CD O °° ■ _, ... ,..,,,, ... 4 TS r�� mil ler L" I-_.__�I � � I , err i L tt�=_ any uaneH ii' ) I I i Ir any esowiaH > .13 15 o z1 o a C U. n any Pleq!go 4.+ C — N a .i' till O../........".. N } `O o \ 465 a) m ► > C D N C C G7 U U > C J any Jamee c > a CO � LIHI I I \ P67 OA Ja;sagaoa_-- Lr� .-\\._ 1 V .. L _ \..........„ .6.• _ u) 1 ... _n 0 >,, Q ❑ (C and ua)I!11!W i> r o Ir m .61 t/5 C t I la Q n - �I _r I I Li LIB any uaneH 0 � ri-rr-1 1 ■�,r I a) 1 1 ),.. co _ NI a) any esowJaH a m — —' c 15 CO _ = Cl)cc .- rL, c t o . o °° 1 4.11 u_ Q •. an e i P� ypl q.4 t mimilomi U _N cn 'W+ a- V .°. > a> L .�.0-** Oa, m a o C13 CL) P, Q Cl.) U C @ 6 N ! II O .../.7 15 z < c anyJa)e8 a _ 01 tii .c T 6-,•, N > C Q> a) I a) J ....■■••■•ti ►ffit �� _'I �. w 1 i- --- it � -- �f"glll{I ----'--'1---- ++.E..1•4 --J;`1ti 0 p /700 I 6 8. ! cM RCM 144 • - - /25u App`—.... ��/ x-��- , i270-- 0,,� pp I- _=_ , ' I: -- ,-_------- '-_\� ____- - �' ---- __ 4' —__= =a===== I. --_ - .�,..I:t, rY= - - --_` "• III ��_;-�__�At"--, !�-"� f- --i`_- U,``r,-\ II ,7 I• .•.1 1250 +a N C H it k y i 23 ,, _ _ 4_---�__ �� -�- : CireAMO A �,•o — °:� ��,��_ _—- �— I:. -.1. !at:':.:: ;I • • . .:�° - i�.` . . . ..�_ u • p/2/1.�-„_ am' I/207-�-... %.-.,-Q1-ui ice_-- ��I r- rr- - l BM 1208 /212 - s-�-�_- Ie � � II I .. �' a 66: ,1 I i . ':ilk ^T_ I u ra ler l4,. 1 'r=i '°'�. _ ,t a I� i�1 ...�I a v �-"� 1 190 .,� i �r'\_1--- _ -� •���. 1 -� 180- - r------------ I _- t344 E r i\N‘! ,=t /' 1I .. •1/70-' ._I 1 i ___ I li ii �- -- ir I,i ' "s O � •_ w , ' \�- ��\ � I \ `,.;14'7-.... .....i ..... 3 I 30 ® 0 _-.�� �1 ......... ® �. .�, - -- __ {i9NTA FE�-:• • ice- A - - - _ "-;�_ i � • �. t p- Rochester � '_' ' Reservoirs .CO o �,•j • PROJECT SITE .= 11 � •° Well f �_ II 1 I NE ■t n - _ - �■. 1 /068 • - ' U�_ - T}/ i - -'080- II ��. Well 1 ii _" =it °Well �l W `•.___--- - It I I U>Q • Q I I 1 �/ G• -\I ill 1 1 N I �, �/ _-_ cs0� II �4 I' '1 �_- /� /:' r*�F ��� Well n /05• /h ■ l C• 'e \ '=I a>vr�saio =' __ III I BOUNDARY �; 9 0 % ._Well ' /''�? p` - ` i�\�`1 `,`i oReservO ,. e•• ' `� :e r __ . DWA�Y • `�--�.�1C12p- W �.-Ili W it . - 4y 'x'� u r u ��. _ ,, • 2 it uP \,` _c._ + I �\� O 0 il0 -—---- Water j - I - \ 4 Guasti 1. I �_ - �' _ y` -11�rT .!:11 y 'N, f ------97o--- r_ I sBO _�, 990 •�,�a•--.,,tea ll, • •� t �/� ''< . =� _,I__ .- , I • - 1 „ ���' .- -- -- 963 - - _ Well 9 II . . We I:III^ _ _ —— j _ _ _ 75 _` _ III�. � _ 11 l I -,,I , -.__' -Y .„l) / `Ii \ .5,,/� W J , . ._ is Print P69 Form CITY OF RANCHO CUCAMONGA ,' ENVIRONMENTAL JUN 17 2014 INFORMATION FORM Lr� REl/� UD P NG (Part I - Initial Study) RANCHO (p/e €or prirft a s g?t, Use the tab key to move from one line to the next line.) CUCAMONGA Planning Department (909)4772750 The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City Policies,Ordinances,and Guidelines; the. California Environmental Quality Act; and .the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full: • Upon review of the completed Initial Study. Part I and the development application, additional information such as, but not limited to,traffic, noise,biological, drainage,and geological reports may be required. The project application will not be deemed complete: unless the identified special studies/reports are submitted for review and.accepted as complete and adequate. The project application will not be scheduled for Committees' review unless all required ,reports are submitted and deemed complete for staff to prepare the Initial Study Part II as required by CEQA. In addition.to the filing fee, the applicant will be responsible to pay or reimburse the City, its agents, officers; and/or consultants. for- all costs-for-the-preparation;.review;;analysis; recommendations; mitigations, etc., of any special studies or reports. . . ',GENERAL INFORMATION:.:• ; • INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the time of submittal; City staff will not be available to perform work required to provide missing information. ( � c� M,, /t (� Application Number for the project to which this form pertains: ¶�wl t"9 Ln t f R 'LRE � L- pU(4 • t/�j b c pest t,OFt-c6Lit cue , : r y celc(Lk-- 9091 Project Title: Turner Crossing-Rancho Name&Address of project owner(s): Rusty Turner, Managing Member 1500 Quail Street, Suite 150 Newport Beach, California 92507 Name&Address of developer or project sponsor: TREF Rancho, LLC 1500 Quail Street, Suite 150 Newport Beach, California 92660 l fag (2o(5 Page1of10 EXHIBIT R, Pao Contact Person&Address: Jason Korengold, Director of Acquisitions 949-757-5411 Name&Address of person preparing this form(if different from above): Christopher Brown, MIG I Hogle-Ireland 1500 Iowa Avenue, Suite 110 Riverside, California 92507 Telephone Number: 951-787-9222 PROJECT INFORMATION& DESCRIPTION: Information indicated by an asterisk(*)is not required of non-construction CUP's unless otherwise requested by staff. '1) Provide a full scale(8-1/2 x 11)copy of the USGS Quadrant Sheet(s)which includes the project site, and indicate the site boundaries. 2) Provide a set of color photographs that show representative views into the site from the north, south, east,and west; views into and from the site from the primary access points that serve the site;and representative views of significant features from the site. Include a map showing location of each photograph. 3) Project Location(describe): 10220 4th Street, Rancho Cucamonga, California 4) Assessor's Parcel Numbers(attach additional sheet if necessary): • 0210-371-02 '5) Gross Site Area (ac/sq. ft.): 5.73 AC/249,316 SF '6) Net Site Area(total site size minus area of public streets&proposed dedications): 5.73 AC/249,316 SF 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): N/A Updated 4/11/2013 Page 2 of 10 0 P71 8) Include a description of all permits which will be necessary from the City of Rancho Cucamonga and other governmental agencies in order to fully implement the project: Design Review, Development Code Amendment 9) Describe the physical setting of the site as it exists before the project including information on topography,soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site(including age and condition)and the use of the structures. Attach photographs of significant features described. In addition,cite all sources of information(i.e.,geological and/or hydrologic studies,biotic and archeological surveys, traffic studies): The project site is developed with an existing 22,500-SF steel/heavy construction industrial building (1976)with parking lot and landscaping. Approximately 2.3 AC of the project site is undeveloped and vegetated with ruderal/annual weeds(General Biological Assessment). Observed wildlife include birds, house finch, Audubon's cottontail, and Beechey ground squirrel(General Biological Assessment). Mature trees on the developed portion of the project site include Chinese elm and eucalyptus. No roads, trails, or drainage courses exist on site. The project is not located within a scenic vista and does not contain any scenic viewing points. On-site soils consist of Tujunga loamy sand (Soil Survey). On-site soils are somewhat excessively drained with groundwater in excess of 80 inches from the surface. Linear extensibility is low. • Updated 4/11/2013 Page 3 of 10 a P72 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books,published reports and oral history): The existing on-site structure is 38 years old and thus has little potential as a historic resource. There are no known cultural/historic resources located on the project site(General Plan EIR). 11) Describe any noise sources and their levels that now affect the site(aircraft,roadway noise,etc.)and how they will affect --- - proposed uses: The project site is exposed to traffic noise levels of approximately 69.3-72.5 dBA CNEL(General Plan EIR). This is in excess of the the 65 dBA Ldri exterior and 60 dBA Ldn noise level standards identified in the General Plan Noise Element. The project site is not within the noise contours of the Ontario International Airport(ALUCP). There is no major rail in proximity to the project site. 12) Describe the proposed project in detail. This should provide an adequate description of the site in terms of ultimate use that will result from the proposed project. Indicate if there are proposed phases for development, the extent of development to occur with each phase, and the anticipated completion of each increment. Attach additional sheet(s)if necessary: See Attached. • 13) Describe the surrounding properties, including information on plants and animals and any cultural, historical, or scenic aspects. Indicate the type of land use(residential,commercial,etc.),intensity of land use(one-family,apartment houses, shops, department stores, etc.)and scale of development(height, frontage, setback, rear yard, etc.): West: UndevelopedNacant North: Light Industrial, Single-Story East: Light IndustrialNacant, Single-Story South: Multi-Family Residential, Three-Story Updated 4/11/2013 Page 4 of 10 o a P73 14) Will the proposed project change the pattern, scale, or character of the surrounding general area of the project? No, this project is limited to on-site improvements in an existing industrial area. 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on-site uses? What methods of soundproofing are proposed? Temporary short-term construction-related noise will be generated that may require mitigation such as sound barriers and equipment staging strategies. Long-term operational noise is not anticipated to be excessive due to minimal traffic generation and lack of on-site point-source noise. '16) Indicate proposed removals and/or replacements of mature or scenic trees: None. 17) Indicate any bodies of water(including domestic water supplies)into which the site drains: The project will drain to Deer Creek before merging with Cucamonga Creek and ultimately discharging at Prado Dam. 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga Valley Water District at(909) 987-2591. a. Residential(gal/day) Peak use(gal/Day) b. Commercial/Ind. (gal/day/ac) 10,010 Peak use(gal/min/ac) UNK 19) Indicate proposed method of sewage disposal. ❑ Septic Tank p Sewer. If septic tanks are proposed, attach percolation tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage generation: (See Attachment A for usage estimates). For further clarification,please contact the Cucamonga Valley Water District at(909)987-2591. a. Residential(gal/day) 17,16 b. Commercielndustrial(geday/ac) Updated 4/11/2013 Page 5 of 10 • P74 RESIDENTIAL PROJECTS: 20) Number of residential units: Detached(indicate range of parcel sizes,minimum lot size and maximum lot size: Attached(indicate whether units are rental or for sale units): 21) Anticipated range of sale prices and/or rents: Sale Price(s) $ to $ Rent(per month) $ to $ 22) Specify number of bedrooms by unit type: 23) Indicate anticipated household size by unit type: 24) Indicate the expected number of school children who will be residing within the project Contact the appropriate School Districts as shown in Attachment B: a. Elementary: b. Junior High: c. Senior High COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL PROJECTS 25) Describe type of use(s)and major function(s)of commercial, industrial or institutional uses: Warehouse/Distribution Updated 4/11/2013 Page 6 of 10 P75 0 1 26) Total floor area of commercial,industrial, or institutional uses by type: 116,480 square feet(109,480 SF Warehouse; 3,500 SF Office; 3,500 SF Mezzanine) 27) Indicate hours of operation: Potential 24 hours per day, seven days a week 28) Number of employees: Total:255 Maximum Shift: UNK(Speculative Building) Time of Maximum Shift: UNK(Speculative Building) 29) Provide breakdown of anticipated job classifications,including wage and salary ranges,as well as an indication of the rate of hire for each classification(attach additional sheet if necessary): UNK (Speculative Building) 30) Estimation of the number of workers to be hired that currently reside in the City: '31) For commercial and industrial uses only, indicate the source, type, and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District,at(818)572-6283): Diesel Particulate Matter- Heavy-Truck Traffic. No point-source emissions known at this time. May require SCAQM D permit for diesel generators if proposed by tenant. Short-term VOC emissions from project construction (mitigated with use of low-VOC coatings). ALL PROJECTS 32) Have the water,sewer,fire,and flood control agencies serving the project been contacted to determine their ability to provide adequate service to the proposed project? If so,please indicate their response. The Project is located within the service areas of the Cucamonga Valley Water District(Water/Sewer). Will- serve letters will be processed prior to approval of entitlements. Fire flow has been confirmed by CVWD. Flood control has not been contacted. All applicable service providers will be contacted during entitlement processing. Updated 4/11/2013 Page 7 of 10 o P76 33) In the known history of this property,has there been any use, storage,or discharge of hazardous and/or toxic materials? Examples of hazardous and/or toxic materials include.but are not limited to PCB's,radioactive substances;pesticides and herbicides;fuels,oils.sol vents,and other flammable liquids and gases. Also note underground storage of any of the above. Please list the materials and describe their use,storage,and/or discharge on the property,as well as the dales of use.it known. According to USEPA EnviroFacts, project site has no history of use. storage, or discharge of hazardous materials or wastes. DTSC indicates the site is not a Hazardous Waste and Substances site. SWRCB indicates site is not a LUST site. 34) Will the proposed project involve the temporary or long-term use,storage,or discharge of hazardous and/or toxic materiels, including but not limited to those examples listed above? If yes,provide an inventory of all such materials to be used and proposed method of disposal. The location of such uses,along with the storage and shipment areas,shall be shown and • labeled on the application plans. Temporary use of hazardous materials(e.g.paints)during construction. No known long-term use of hazardous materials during operation. Any temporary or long-term use,transport,and/or disposal of hazardous materials or wastes will be done so in accordance with federal and state regulations. 35) The applicant shall be required to pay any applicable Fish and Game fee. The project planner will confirm which fees apply to this project All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commissior✓Planning Director hearing: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability,that the facts,statements,and information presented are true and correct tot he best of my knowledge and belief I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. • Date: June 10, 2014 Signature: •. - Titla: Director of Environmental Services Updated 4111/2013 Pawn 8 of 10 ATTACHMENT "A" CITY OF RANCHO CUCAMONGA ESTIMATED WATER USE AND SEWER FLOWS FOR NEW DEVELOPMENT (Data Provided by Cucamonga Valley Water District February 2003) Water Usage Single-Family 705 gallons per EDU per day Multi-Family 256 gallons per EDU per day Neighborhood Commercial 1000 gal/day/unit (tenant) General Commercial 4082 gal/day/unit (tenant) Office Professional 973 gal/day/unit (tenant) Institutional/Government 6412 gal/day/unit (tenant) Industrial Park 1750 gal/day/unit (tenant) Large General Industrial 2020 gal/day/unit (tenant) Heavy Industrial (distribution) 1863 gal/day/unit (tenant) Sewer Flows Single-Family 270 gallons per EDU per day Multi-Family 190 gallons per EDU per day General Commercial 1900 gal/day/acre Office Professional 1900 gal/day/acre Institutional/Government Industrial Park 3000 gal/day/acre Large General Industrial 2020 gal/day/acre Heavy Industrial (distribution) 1863 gal/day/acre Source: Cucamonga Valley Water District Engineering & Water Resources Departments, Urban Water Management Plan 2000 Updated 4/11/2013 Page 9 of 10 ,�e, P78 `) ATTACHMENT B Contact the school district for your area for amount and payment of school fees: Elementary School Districts Alta Loma 9350 Base Line Road, Suite F Rancho Cucamonga, CA 91730 (909)987-0766 Central 10601 Church Street, Suite 112 Rancho Cucamonga, CA 91730 (909)989-8541 Cucamonga 8776 Archibald Avenue Rancho Cucamonga, CA 91730 (909)987-8942 Etiwanda 6061 East Avenue P.O. Box 248 Rancho Cucamonga,CA 91739 (909)899-2451 High School Chaffey High School 211 West 5th Street Ontario, CA 91762 (909)988-8511 Updated 4/11/2013 Page 10 of 10 P79 440 e City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM Pfirete.45 � ` INITIAL STUDY PART II BACKGROUND 1. Project File: Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 2. Related Files: Tree Removal Permit DRC2014-00845 3. Description of Project: A review of a proposal to amend the Development Code to allow buildings with floor areas in excess of 50,000 square feet to be constructed and operated for the purpose of logistics (warehouse/storage/distribution) on parcels that are within the Industrial Park (IP) District, and review a proposal to construct an industrial logistics building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres) within the Industrial Park (IP) District, located at 10220 4th Street about 1,600 feet west of Haven Avenue-APN: 0210-371-02. 4. Project Sponsor's Name and Address: Jason Korengold Turner Real Estate Investments 1500 Quail Street, Suite 150 Newport Beach, California 92660 5. General Plan Designation: Industrial Park 6. Zoning: Industrial Park (IP) District 7. Surrounding Land Uses and Setting: The project site is a parcel with an area of about 249,000 square feet (5.72 acres). The parcel is about 415 feet (east to west) by about 601 feet (north to south). The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet and associated surface improvements such as asphalt storage/parking areas and landscaping comprised of ground cover and numerous mature trees along 4th Street and along the perimeter. The City's records are incomplete regarding these buildings but based on the information that is available, these buildings were most likely constructed in the early 1980s. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings, the paving, and the landscaping remain. The eastern one-third of parcel is vacant and is dominated by short grasses. Development of the site for the subject project will result in the removal of all the identified improvements. The project site is bound on the north by industrial office buildings. To the east is a property that is partially developed with a building of about 13,000 square feet. To the west is a vacant property while to the south, on the opposite side of 4th Street, is an apartment complex (Centre Club Apartments) in the City of Ontario. The zoning of the property and all properties to the north, east, and west is Industrial Park (IP) District. The zoning of the property to the south in the City of Ontario is Urban Residential — Ontario Center Specific Plan. The subject property is generally level with an elevation at the north and south sides of about 1,041 feet and 1,030 feet, respectively. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 P80 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 2 9. Contact Person and Phone Number: Mike Smith, Acting Senior Planner (909)477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None GLOSSARY—The following abbreviations are used in this report: CALEEMOD—California Emissions Estimator Model CVWD—Cucamonga Valley Water District EIR—Environmental Impact Report FEIR—Final Environmental Impact Report FPEIR- Final Program Environmental Impact Report NPDES—National Pollutant Discharge Elimination System NOx—Nitrogen Oxides ROG—Reactive Organic Gases PM-10—Fine Particulate Matter RWQCB—Regional Water Quality Control Board SCAQMD—South Coast Air Quality Management District SWPPP—Storm Water Pollution Prevention Plan ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated,"or"Less Than-Significant-Impact"as indicated by the checklist on the following pages. (x)Aesthetics ( )Agricultural Resources (x)Air Quality (x) Biological Resources (x)Cultural Resources (x)Geology&Soils (x)Greenhouse Gas (x) Hazards&Waste Materials (x) Hydrology&Water Quality Emissions ( ) Mineral Resources (x) Noise ( ) Land Use & Planning ( ) Public Services ( ) Recreation ( ) Population& Housing ( ) Utilities &Service Systems ( ) Mandatory Findings of ( )Transportation/Traffic Significance • DETERMINATION On the basis of this initial evaluation: ( ) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. (x) I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ( ) I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ( ) I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. Rev 2-26-13 P81 • Initial Study for City of Rancho Cucamonga Development Review DRC2014-00566 and Development Code Amendment DRC2014-00567 Page 3 An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ( ) I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier ER or NEGATIVE DECLARATION purs .nt to applicable standards, and 2) have been avoided or mitigated pursuant to that earl':' IR or NEGATIVE DECLARATION, including revisions or mitigation m!asures that are im -d up the proposed project, nothing further is requ' ed. Prepared By: (/41 Date: / 1( syrReviewed By: " Date: / f/9 r A Rev 2-26-13 • P82 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 4 Less Than Significant Less Issues and Supporting Information Sources: Potentially With man Significant incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS • 1. AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? ( ) ( ) ( ) (1) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (1) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) ( ) ( ) (✓) quality of the site and its surroundings? d) Create a new source of substantial light or glare, ( ) ( ) (✓) ( ) which would adversely affect day or nighttime views in • the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view corridor according to General Plan Figure LU-6. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the • Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to a scenic vista caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) The project site contains no scenic resources and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed • 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to scenic resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The site is generally characterized by industrial development to the north, east, and west, and residential development to the south in the City of Ontario. The visual quality of the area will not degrade as a result of this project. The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings remains. The site will be developed with an industrial building that will be similar to the newer buildings Rev 2-26-13 P83 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 5 Less Than Significant Less Issues and Supporting Information Sources: Paenualty with man Significant corpo(at Significant Impact Incorporated Impact Impact in the industrial areas of the City. Staff has determined that the architecture of the building is consistent with the design standards, guidelines, and policies established by the Planning Commission and City Council. The project complies with the City's technical requirements including floor area ratio; minimum building, parking lot, and wall setbacks; dock and storage area screening; and landscape coverage as described in the Development Code. Approval by the Design Review Committee and Planning Commission is required prior to construction of the buildings. City standards require the applicant to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to the visual character or quality caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The project will increase the number of street lights in the immediate vicinity and the amount of industrial lighting used within the site - particularly within the dock and storage areas. The design and placement of street lights will be required to comply with City standards including requirements for shielding, diffusing, or indirect lighting to avoid glare. Although industrial lighting can be a source of substantial glare, such lighting will be required to comply with the City standards for maximum height applicable to light poles and wall-mounted lights. Due to the bulk of the buildings, the general layout of the buildings and associated screen walls, and existing surrounding industrial development,' the impact of the lights on sensitive receptors such as residences will be limited. The impact is not considered significant. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to substantial light or glare caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. • Rev 2-26-13 P84 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 6 Less Than Significant Less Issues and Supporting Information Sources: Potentially nifnt With Than Significant Mittgabon Significant No Impact Incorporated Impact Impact 2. AGRICULTURAL RESOURCES. Would the project a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) ( ) (1) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (✓) Williamson Act contract? c) Conflict with existing zoning for, or cause re-zoning of, ( ) ( ) • ( ) (✓ ) forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? d) Result in the loss of forest land or conversion of forest ( ) ( ) ( ) (✓) land to non-forest use? e) Involve other changes in the existing environment, ( ) ( ) ( ) (1) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The site is generally characterized by industrial development to • the north, east, and west, and residential development to the south in the City of Ontario. • There are approximately 209 acres of Farmland of Local Importance, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the City of Rancho Cucamonga according to the General Plan and the California Department of Conservation Farmland Map 2010. Concentrations of Important Farmland are sparsely located in the southern and eastern parts of the City that is characterized by existing and planned development. Farmland in the southern portion of the City is characterized by industrial, residential, and commercial land uses and Farmland in the eastern portion of the City is within the Etiwanda area and planned for development. Further, a large number of the designated farmland parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FPEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in • floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the. purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are,submitted for • Rev 2-26-13 P85 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 7 Less Than Significant Less Issues and Supporting Information Sources: Potential wiWith rnan Significann t t With Significant Impact Incorporated Impact Impact review by the City, the impact (if any) to agricultural resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) There are no lands within the City of Rancho Cucamonga that is zoned as forest land or timberland. Therefore no impacts would occur related to the conversion of forest land to non-forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. No mitigation is required. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Therefore no impacts would occur related of the loss or conversion of forest land to non-forest use. Further, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. e) The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The site is generally characterized by industrial development to the north, east, and west, and residential development to the south in the City of Ontario. There are no agricultural uses within one mile of the project site. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non-forest use. Therefore, no adverse impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to agricultural resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (1) applicable air quality plan? b) Violate any air quality standard or contribute ( ) (✓) ( ) , ( ) substantially to an existing or projected air quality • violation? c) Result in a cumulatively considerable net increase of ( ) ( ) ( ) (✓) any criteria pollutant for which the project region is • non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? Rev 2-26-13 P86 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 8 Less Than Significant Less Issues and Supporting Information Sources: Potentially With than Significant torpor to Significant Impact Incorporated Impact Impact d) Expose sensitive receptors to substantial pollutant ( ) ( ) (✓) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (1) number of people? Comments: a) As noted in the General Plan FPEIR (Section 4.3), the proposed project would not interfere with the ability of the region to comply with Federal and State air quality standards for Criterion 1 Increase in the Frequency or Severity of Violations (local air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the 2003 AQMP). Therefore the project is consistent with the 2003 AQMP and is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed • 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to cultural resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) Both the State of California and the Federal government have established health-based ambient air quality standards (AAQS) for seven air pollutants. These pollutants include ozone (03), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), coarse particulate matter with a diameter or 10 microns or less (PMi0), fine particulate matter less than 2.5 (PM2.5) microns in diameter and lead. Among these pollutants, ozone and particulate matter (PMio and PM2.$) are considered regional pollutants while the others have more localized effects. In addition, the State of California has set standards for sulfates, hydrogen sulfide (H2S), vinyl chloride and visibility reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The City of Rancho Cucamonga area is within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The California Clean Air Act (CCAA) provides the SCAQMD with the authority. to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this include motor vehicles at an intersection, a mall and on highways. SCAQMD also regulates stationary sources of pollution within a jurisdictional area. Direct emissions from motor vehicles are regulated by the Air Resources Board (ARB). The combination of topography, low mixing height, abundant sunshine, and emissions from the second largest urban area in the United States gives the Basin the worst air pollution problem in the nation. The Basin experiences a persistent temperature inversion (increasing temperature with increasing altitude); this inversion (coupled with low wind speeds) limits the vertical dispersion of air contaminants, holding them relatively near the ground. Rev 2-26-13 P87 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 9 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant pa Impact Incorporated Impact Impact Pursuant to the Federal Clean Air Act (FCAA) of 1970, the EPA established national ambient air quality standards (NAAQS) for six major pollutants, termed criteria pollutants: ozone (03), coarse particulate matter with a diameter or 10 microns or less (PMio), fine particulate matter less than 2.5 (PM2.5) microns in diameter, carbon monoxide (CO), nitrogen dioxide(NO2), sulfur dioxide (SO2), and lead. Criteria pollutants are defined as those pollutants for which the Federal and State governments have established AAQS, or criteria, for outdoor concentrations in order to protect public health. Data collected at permanent monitoring stations are used by the EPA to classify regions as "attainment" or "non-attainment" depending on whether the regions met the requirements stated in the primary NAAQS. Non-attainment areas have additional restrictions as required by the EPA. The EPA has designated the Southern California Association of Governments (SCAG) as the Metropolitan Planning Organization (MPO) responsible for ensuring the Basin's compliance with the FCAA. The South Coast Air Basin is in Non-Attainment Status for Ozone, PMio. and PM2.5. Specific criteria for determining whether the potential air quality impacts of a project are significant are set forth in the SCAQMD's CEQA Air Quality Handbook. The criteria include daily emissions thresholds, compliance with State and national air quality standards, and consistency with the current AQMP. As prescribed by SCAQMD, an Air Quality and Climate Change Assessment was prepared by MIG/Hogle-Ireland in June 2014 that utilizes the CaIEEMod methodology and CEQA Air Quality Handbook, April 1993 to evaluate short-term construction emissions and short-term construction emissions for localized significant thresholds, long-term operational emissions, operation emissions for localized significant thresholds, and Green House Gas Emissions. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to air quality caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Short Term(Construction) Impacts Per the Air Quality and Climate Change Assessment prepared by MIG/Hogle-Ireland, construction of the building is anticipated to start in early 2015. In general, CaIEEMod defaults for construction schedule phase duration and equipment needs were utilized; however, the Building Construction phase was reduced in length by half to be consistent with the anticipated construction schedule. Equipment needs were concurrently doubled to account for the accelerated timeframe. Trenching was also included as an additional phase to account for utility installation. Soil import and export will not be required during grading activities. Fj L i ,., r`_?,Maximum Dailg Construction Emissions (lbsfday), + }.t ��„ ;;`r ROG NO, CO SO. PMtg PM2.5 Summer 2015 73.45 64.69 49.45 0.08 21.36 12.83 Rev 2-26-13 P88 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566. Page 10 Less Than Significant Less Issues and Supporting Information Sources: Potmial we Than Significannt t With Significant No Impact Incorporated Impact Impact Winter 2015 73.45 64.86 49.71 0.08 24.36 12.83 • Threshold 75 100 550 150 150 55 . _ Substantial? No No No No No No ROG= reactive organic gases; NOx=oxides of nitrogen; CO=carbon monoxide; SOx=oxides of sulfur; PMto and PM2.s=particulate matter Source: Air Quality and Climate Change Assessment-(Table 9)(CaIEEMod Output) MIG/Hogle-lreland,June 2014 Equipment Exhausts and Related Construction Activities Construction activities produce combustion emissions from various sources such as site grading, utility engines, on-site heavy-duty construction vehicles, asphalt paving, and motor vehicles transporting the construction crew. Exhaust emissions from construction activities envisioned on-site would vary daily as construction activity levels change. The use of construction equipment on site would result in localized exhaust emissions. Fugitive Dust Fugitive dust emissions are generally emissions that are generally associated with land clearing and exposure of soils to the air and wind, and cut-and-fill grading operations. Dust generated during construction varies substantially on a project-by project basis, depending on the level of activity, the specific operation and weather conditions at the time of construction. Construction emissions can vary greatly depending on the level of activity, the specific operations taking place, the equipment being operated, local soils, weather conditions and other factors. The proposed project will be required to comply with SCAQMD Rules 402 and 403 to control fugitive dust. Architectural Coatings Architectural coatings contain VOCs that are similar to ROCs and are part of the 03 precursors. There is one industrial building proposed for the project. Per the Air Quality and Climate Change Assessment prepared by MIG/Hogle-Ireland, Based on the results of the model, maximum daily emissions from the construction of the warehouses will result in excessive emissions of volatile organic chemicals (identified as reactive organic gases) associated with interior and exterior coating activities (see Appendix A). To compensate for excessive VOC emissions from coating activities, the model includes use of a minimum 100 grams per liter (g/Q VOC content for interior and exterior coatings. Use of low-VOC coatings during construction activities will reduce VOC emissions to 73.45 lbs/day, less than the threshold established by SCAQMD. The requirement for use of low-VOC coatings has been included as Mitigation Measure AQ-1 in Section 8 of this report, and as follows: 1) Prior to issuance of building permits, the project proponent shall submit, to the satisfaction of the Planning Department, a Coating Restriction Plan (CRP), consistent with South Coast Air Quality Management District (SCAQMD) guidelines and a letter agreeing to include in any construction contracts and/or subcontracts a requirement that the contractors adhere to the CRP. The CRP measures shall be implemented to the satisfaction of City Building Director. These may include the following: Rev 2-26-13 P89 • Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 11 Less Than Significant Less Issues and Supporting Information Sources: Potentially With an PP g Significant co poMte Significant Impact Incorporated Impact Impact •. That volatile organic compounds (VOC) of proposed architectural coatings not exceed 100 for interior applications. • That volatile organic compounds (VOC) of proposed architectural • coatings not exceed 100 g/I for exterior applications. This measure shall conform to the performance standard that emissions of volatile organic compounds from application of interior or exterior coatings shall not exceed the daily emissions thresholds established by the South Coast Air Quality Management District. The CRP shall specify use of HighVolume, Low Pressure(HVLP)spray guns for application of coatings. Odors Heavy-duty equipment in the project area•during construction would emit odors. However, the construction activity would cease to occur after individual construction is completed. No other sources of objectionable odors have been identified for the proposed project, and no mitigation measures are required. In compliance with SCAQMD Rule 402 the expected uses are not anticipated to emit any objectionable odors. Therefore, objectionable odors posing a health risk to potential on-site and existing off-site uses would not occur as a result of the proposed project. Naturally Occurring Asbestos • • The proposed project is located in San Bernardino County, and it is not among the counties that are found to have serpentine and ultramafic rock in their soils. In addition, there has been no serpentine or ultramafic rock found in the project area. Therefore, the potential risk for naturally occurring asbestors (NOA) during project construction is small • and less than significant. • • 2010 General Plan FPEIR Air Quality Analysis and Mitigation Measures(short term) Short Term (Construction) Emissions - Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. •While most of the dust would settle on or near the project site, ' smaller particles would remain in the atmosphere, increasing particle levels within the . surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project specific basis and in conformance with the General Plan FPEIR. Therefore, the following mitigation measures as identified in the FPEIR shall be implemented to reduce impacts to less-than-significant levels: 2) 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 Rev 2-26-13 P90 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 12 Lass Than Significant Less Supporting Information Sources: Potentially With Than Issues and Su PP g Significant ly Incorporated Significant Impact Incorporated Impact Impact manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 3) 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. 4) 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. 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • 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. 7) 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 PMto emissions, in accordance with SCAQMD Rule 403. 8) 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 PMto emissions. Rev 2-26-13 P91 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 13 Less Than Significant Less Issues and Supporting Information Sources: Foificalannt t With Than Signn ific Mitigation Significant No Impact Incorporated 0 Impact Impact 9) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10) The construction contractor shall ensure that construction-grading plans - include a statement that work crews will shut off equipment when not in use. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan (FPEIR), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.s and PM-o) would. exceed SCAQMD thresholds for significance; therefore, they would all be cumulatively considerable if they cannot be mitigated on a project basis to a level less-than-significant. Lone Term (Operational) Impacts Long Term Project Operational Emissions Long-term air pollutant emission impacts are those associated with stationary sources and mobile sources involving any project-related changes. The proposed project would result in a net increase in the number of industrial buildings/uses in the project area; therefore, the proposed project would result in net increases in both stationary and mobile source emissions. The stationary source emissions would come from additional natural gas consumption for on-site buildings and electricity for the lighting in the buildings and at the parking area. italtarifiVeglinaelbigitialiatnai ljeErnISSISMIOs/daW Sli inie4M ; y, ROGNOC NOx CO SOx PMio PM2.5 Area 5.93 0.00 0.02 0.00 0.00 0.00 Energy 0.00 0.07 0.06 0.00 0.00 0.00 Mobile 1.89 15.17 26.27 0.08 5.28 1.58 Total 7.83 15.23 26.34 0.08 5.28 1.58 Significant 55 55 550 150 150 55 Threshold Significant No No No No No No Impact ,r NMaximum(!peraNiiiik inkesiarr(lbs ils Mn nAW. ROGNOC NOx CO SOx PMio PM2.5 Area 5.93 0.00 0.02 0.00 0.00 0.00 Energy 0.00 0.07 0.06 0.00 0.00 0.00 - Mobile 1.96 15.77 26.66 0.08 5.29 1.58 Total 7.90 15.83 26.73 0.08 5.29 1.59 Significant 55 55 550 150 150 55 Threshold Significant No No No No No No Impact Source: Air Quality and Climate Change Assessment-(Table 10)(CaIEEMod Output) MIG/Hogle-Ireland,June 2014 Rev 2-26-13 P92 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 14 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant SiImpact l corporate Significant Impact IncorpwateJ Impact Impact 2010 General Plan FPEIR Air Quality Analysis and Mitigation Measures (long term) Long Term (Operational) Emissions - The General Plan Final Program Environmental . Impact Report(FPEIR) analyzed the impacts of Air Quality based on the future build out of the City. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 4.3-3 of the General Plan FPEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. The following mitigation measures as identified in the FPEIR shall be implemented: 11) Provide preferential parking to high occupancy vehicles and shuttle services. 12) Improve thermal integrity of the buildings and reduce thermal load with • automated time clocks or occupant sensors. 13) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 14) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 15) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods (i.e., in excess of 10 minutes). 16) All industrial and commercial facilities shall designate preferential parking for van pools. 17) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 18) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. After implementation of the preceding mitigation measures, the General Plan FPEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council as noted in the General Plan FPEIR(Section 4.3). c) As noted in the General Plan FEIR(Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does Rev 2-26-13 P93 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 15 Less Than Significant Less Issues and Supporting Information Sources: Potenaalty Wah Than Significant corporate Significant No Impact Incorporated Impact Impact not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to air quality caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. - - d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within 1/4 mile of a sensitive receptor - to the south, on the opposite side of 4th Street, is an apartment complex (Centre Club Apartments) in the City of Ontario. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to air quality caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. v Toxic Air Contaminants Per the Air Quality and Climate Change Assessment prepared by MIG/Hogle-Ireland in June 2014, cancer risk and non-cancer health risks from construction activities were analyzed using the using the EPA SCREEN3 model and guidance provided by SCAQMD. The emissions factors for idling trucks and on-site truck movement were modeled using EMFAC2011. Idling and running emissions (5 mph) were modeled for average hourly truck traffic. With a project site size of 152,242.7 square meters, the maximum idling and running emissions factor from the proposed building is 7.7047E-10 grams per second per square meter (g/sec/m2). SCREEN3 indicates that the worst-case maximum concentration will occur 117 meters from the northeast of the project site at 2.063E-03 g/sec/m2. The maximum DPM concentration at the residences located south of the project site is estimated at 2.979E-03 g/sec/m2. Cancer risk assessment assumes a lifetime exposure of 70 years because the nearby residences are sensitive receptors. The incremental increase of cancer risk at nearby residences is 0.08 persons in one million. The incremental increase of cancer risk at the maximum concentration 117 meters from the northeast corner of the project site is 0.09 persons in one million. These incremental increases are less than the threshold of 10 in one million (10.000E-06) established by SCAQMD. The non-cancer hazard index is 0.001 at both locations. These hazard index values are less than the threshold of 1.0 established by SCAQMD. Therefore, the impacts will be less-than-significant. Localized Significance Thresholds According to the Air Quality and Climate Change Assessment prepared by MIG/Hogle- Ireland in June 2014, construction-related criteria pollutant emissions and potentially Rev 2-26-13 P94 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 16 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than cant Incorporated Significant Impact Incorporated Impact Impact significant localized impacts were evaluated pursuant to the SCAQMD Final Localized Significance Thresholds Methodology. Daily emissions of daily of nitrogen (NOX), carbon monoxide (CO), and particulate matter(PM10 and PM2.5)that will occur during demolition of existing facilities, construction of the project, grading of the project site, and paving of facility parking lots and drive aisles will not exceed any localized threshold. Therefore, the impacts will be less-than-significant. Carbon Monoxide(CO) Hotspots A carbon monoxide (CO) hotspot is an area of localized CO pollution that is caused by severe vehicle congestion on major roadways, typically near intersections. CO hotspots have the potential to violate State and Federal CO standards at intersections. Per the Air Quality and Climate Change Assessment prepared by MIG/Hogle-Ireland in June 2014, the project is not regionally significant and therefore is only required to examine local impacts...the local analysis indicate that a project has the potential to worsen air quality if it will result in an increase in the number of vehicles operating in cold start mode by more than two percent, increases traffic volumes by five percent, or worsens traffic flow by reducing speeds by three miles per hour or more. Based on an analysis conducted per Protocol Section 4, the project passes the screening analysis and impacts are deemed acceptable. Based on the local analysis procedures, the project is satisfactory pursuant to the Protocol and will not result in a CO hotspot. Therefore, the impacts will be less-than- significant. e) Construction Odors (Short-term) may include odors associated with equipment use including diesel exhaust or roofing, painting and paving. These odors are temporary and would dissipate rapidly. Operation Odors (Long-term) are typically associated with the type of use. The proposed project is the construction and operation of an industrial building of about 116,480 square feet. Typically, warehouse/distribution activities do not create objectionable odors that are normally associated with, for example, heavy manufacturing operations. No adverse impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to air quality caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Rev 2-26-13 P95 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 17 Less Than Significant Less Issues and Supporting Information Sources: Potentially t ah Than Significant corporate Significant Impact Incorporated Impact Impaq 4. BIOLOGICAL RESOURCES. Would the project: a) . Have a substantial adverse effect, either directly or ( ) (1) ( ) ( ) • through habitat modifications,. -on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U:S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (✓) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ( ) ( ) ( ) (1) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.). through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) (✓) ( ) ( ) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) (✓) ( ) ( ) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (1) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The site is generally characterized by industrial development to the north, east, and west, and residential development-to the south in the City of Ontario. The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings remains. The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC-4 and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Rev 2-26-13 P96 • • Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 18 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Significanl Mitipor Significant No Impact Incorporated Impact Impapa Impact Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to candidate, sensitive, or special status species caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Delhi Sands Flower Loving Flv(DSFLF) The site is located near an area for potential habitat for the Delhi Sands Flower Loving Fly (DSFLF). According to the General Biological Assessment prepared by Natural Resources Assessment, Inc. on November 12, 2014, there are no Delhi sands present on site, and the site is dominated by ruderal (weedy) plants, human activity and hardscape surfaces. This species is not present on-site. The boundary of the mapped habitat area (including the buffer area) for the Delhi Sands flower-loving fly (DSFLF) is a minimum of • 0.13 miles (approximately 700 feet) to the east. This 700 foot area, all of the buffer area and a portion of the habitat area between the project and Haven Avenue, north of 4th Street, has been converted into commercial development and no DSFLF habitat remains. Burrowing Owl According to the General Biological Assessment prepared by Natural Resources Assessment, Inc. on November 12, 2014, suitable nesting habitat exists for the burrowing owl. Burrows constructed by Beechey's ground squirrel (Sphermophilus beecheyi) were found on the undeveloped area of the site. Burrowing owls will frequently take over abandoned or empty structures such as ground squirrel burrows. At the time of the survey, no active owl burrows or animals were observed. The available habitat is small, surrounded by development and isolated from suitable foraging habitat for burrowing owl. NRAI does not expect burrowing owl to take up residence on the property. Other Candidate, Sensitive, or Special Status Species According to the General Biological Assessment prepared by Natural Resources Assessment, Inc. on November 12, 2014, the project site is in a region where several candidate, sensitive, or special status species such as the San Bernardino Kangaroo Rat, Northwestern San Diego Pocket Mouse, Los Angeles Pocket Mouse, San Diego Desert Woodrat, Western Yellow Bat, and Western Mastiff Bat could exist but conditions on the specific project site do not exist that could support these species and the presence of these species is not expected. Plant Communities According to the General Biological Assessment prepared by Natural Resources Assessment, Inc. on November 12, 2014, the plant community on the undeveloped area of the site is ruderal (annual weeds). The mix of ruderal species at the time of the survey included Mediterranean grass, short-podded mustard and telegraph weed. The plant community on the developed area of the site is composed of non-native landscape trees and shrubs such as Chinese elm, eucalyptus and century plant b) The project site is located in an urban area with no natural communities and no riparian habitat exists on-site due to the on-site and surrounding improvements and characteristics as described in 4.a above. As a result, project implementation would have no impact on these resources. Rev 2-26-13 P97 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 19 Less Than Significant Less Issues and Supporting Information Sources: Potentially Then Significant Mid gation Than No Impact Incorporated Impact _ Impact Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to riparian habitat or other sensitive natural community caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) No wetland habitat is present on-site due to the on-site and surrounding improvements and characteristics as described in 4.a) above. As a result, project implementation would have no impact on these resources. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to federally protected wetlands caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The City is primarily located in an urban area that does not contain large, contiguous natural open space areas due to the on-site and surrounding improvements and characteristics as described in 4.a above. Wildlife potentially may move through the north/south trending tributaries in the northern portion of the City and within the Sphere of Influence. As a result, project implementation would have no impact on these resources. According to the General Biological Assessment prepared by Natural Resources Assessment, Inc. on November 12, 2014, no nest or nesting behavior was observed during the field survey, but the project site supports tree stands that provide nesting habitat. Due to the location of the property within an urbanized area of Rancho Cucamonga, no significant indirect impacts (noise, human activity) are expected. However, if the landscape trees will be removed as part of project construction, there may be direct impacts to bird species nesting in these trees. It is possible that birds are nesting on site or will be nesting at the time of construction. The following mitigation measure shall reduce the impact to less-than-significant: 1) If site clearing, tree removal, or site grading will occur during nesting season (February 1 through August 31), a breeding bird survey will be required to determine if nesting is occurring. Occupied nests will not be disturbed during the nesting season (February 1 through August 31) unless a qualified biologist verifies through non-invasive methods that either (a) the adult birds have not begun egg-laying and incubation; or (b) the juveniles from the occupied nests are foraging independently and are capable of independent survival. Rev 2-26-13 . P98 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 20 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact • If the biologist is not able to verify one of the above conditions, then no disturbance shall occur within 300 feet of non-raptor nests, and within 500 feet of raptor nests, during the breeding season so as to avoid abandonment of the young (California Department of Fish and Wildlife 2012b). Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any)to native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. e) There are five (5) trees within the project site but only one qualifies as a "heritage" tree according to the Tree Survey prepared by MIG/Hogle-Ireland on August 27, 2014. Heritage trees are subject to the City's tree preservation requirements as described in Section 17.80.050 of the Development Code. Heritage trees are defined in the Development Code as trees that meet several criteria including the following: all eucalyptus windrows [and) any tree in excess of thirty feet (30) in height and having a single trunk diameter at breast height (DBH) of twenty inches (20) or more as measured four and a half feet(4.5) from ground level and warrant consideration for preservation or relocation. The applicant proposes to remove all of these trees (Related file: Tree Removal Permit DRC2014-00845) and, therefore, project implementation will result in the removal of the heritage tree. The following mitigation measure shall reduce the impact to less-than-significant. 2) The tree that is removed shall be replaced with a new tree, on a one-to-one basis, of a minimum 15-gallon size. This tree is in addition to the trees that are required by the Development Code for new residential development. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to local policies or ordinances protecting biological resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. f) Neither the City nor the SOI are within an adopted HCP, NCCP, or other approved State Habitat Conservation Plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC-1. No conflicts with habitat conservation plans will occur. Rev 2-26-13 P99 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 21 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ( ) ( ) ( ) (✓) . .significance of a historical resource as defined in . § 15064.5? b) Cause a substantial adverse change in the ( ) (✓) ( ) ( ) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ( ) (✓) ( ) ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) ( ) (✓) outside of formal cemeteries? Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucamonga Development Code 17.18 (Historic Preservation). There will be no impact. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to historical resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) There are no known archaeological sites or resources recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation, and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build out of the City. The following mitigation measures as identified in the FPEIR shall be implemented: 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • • Enact-interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. Rev 2-26-13 P100 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 22 Less Than Significant Less Issues and Supporting Information Sources: Potentially nif With Than Significant Mitigation Significant No Impact Incorporated Impact Impact • 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. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact(if any) to archeological resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of- Influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per the Public Safety Element of the General Plan; therefore, the following mitigation measures shall be implemented: 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. Rev 2-26-13 P1O1 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 23 • Less Than • Significant less Issues and Supporting Information Sources: Sign ally With an Significant corporate Significant No Impact Incorporated Impact Impapa Impact • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the • summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed .50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park(IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to paleontological resources, sites, and/or geologic features caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The site is generally characterized by industrial development to the north, east, and west, and residential development to the south in the City of Ontario. The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet: Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings remains. Public improvements such as the street and most associated public infrastructure are already in-place. No known religious or sacred sites exist within the project area. No evidence is in place to suggest the project site has been used for • human burials. The California Health and Safety Code (Section 7050.5) states that if human remains are discovered on-site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. No adverse impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact Of any) to human remains caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Rev 2-26-13 P1O2 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 24 Less Than Significant Less Issues and Supporting Information Sources: Potential wln Than Significannt t corporate Significant Impact Incorporated Impact Impact 6. GEOLOGY AND SOILS. Would the project a) Expose people or structures to potential substantial adverse effects, including.the risk of loss, injury, or • death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (1) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • . ii) •Strong seismic ground shaking? , ( ) ( ) ( ) (✓) iii) Seismic-related ground failure, including ( ) ( ) ( ) (✓) liquefaction? iv) Landslides? ( ) ( ) ( ) (✓) b) Result in substantial soil erosion or the loss of topsoil? ( ) (1) ( ) ( ) c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (✓) or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) (1) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (1) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR. The Red Hill Fault is about 2.5 miles to the northwest of the site, and the Cucamonga Fault Zone lies about 6.5 miles to the north of the site. These faults are both capable of producing Mw 6.0-7.0 earthquakes. Also, the San Jacinto fault, capable of producing up to Mw 7.5 earthquakes is about 18 miles northeasterly of the site and the San Andreas, capable of up to Mw 8.2 earthquakes, is about 20 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code and Standard Conditions will ensure that geologic impacts are less-than-significant. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Rev 2-26-13 P103 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 25 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant non Significant Mitigation Significant No Impact Incorporated Impact Impact Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to geology and soils will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit 4.7-4 of the General Plan FPEIR. The proposed project will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce 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. b) The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside areas at the northern end of the City and in the SOI for slope failure, landslides, and/or erosion, Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The site is not on a slope of 30 percent or greater, or within an Earthquake hazard zone or other unstable geologic unit or soil type according to General Plan FPEIR Exhibit 4.7-2. Soil types on-site consist of Tujunga Loamy Sand (TuB) (0 - 5 percent slopes) Soil association according to General Plan FPEIR Exhibit 4.7-3. No adverse impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to geology and soils will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Rev 2-26-13 P104 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 26 Less Than Significant Less Issues and Supporting Information Sources: Potentially With man Significant corporal Significant Impact Incorporated Impact Impart d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Tujunga Loamy Sand (TuB) (0 - 5 percent slopes) Soil association according to General Plan FPEIR Exhibit 4.7-3. These soils are typically stable. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. No impacts are anticipated. Development Code Amendment DRC2014-00567 will.allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does • not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the wastewater disposal requirements for those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or ( ) (I) ( ) 0 indirectly, that may have a significant impact on the environment? • b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ( ) ( ) ( ) (✓) Comments: a) Regulations and Significance - The Federal government began studying the phenomenon of global warming as early as 1979 with the National Climate Protection Act(92 Stat. 601). In June of 2005, Governor Schwarzenegger established California's Green House Gas ("GHG") emissions reduction target in Executive Order (EO) S-3-05. The EO created goals to reduce GHG emissions for the State of California to 2000 levels by 2010; GHG emissions reduced to 1990 levels by 2020; and GHG emissions reduced to 80 percent below 1990 levels by 2050. Additionally, on December 7, 2009, the U.S. Environmental Protection Agency (USEPA) issued findings regarding GHGs under rule 202(a) of the Clean Air Act: (1) that GHGs endanger human health; and (2)that this will be the first steps to regulating GHGs through the Federal Clean Air Act. The USEPA defines six key GHGs (carbon dioxide [CO2], methane [CH4], nitrous oxide [N20], hydrofluorocarbons [HFCs], perfluorocarbons [PFCs], and sulfur hexafluoride [SF6]. The combined emissions of these well-mixed greenhouse gases from new motor vehicles and engines contribute to GHG pollution. The western states, including Arizona, California, New Mexico, Oregon, Utah, and Washington, already experience hotter, drier climates. California is a substantial contributor of GHGs and is expected to see an increase of three to four degrees Fahrenheit (°F) over the next century. Rev 2-26-13 P105 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 27 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant corporate Significant Impact Incorporated Impact Impact Assembly Bill (AB) 32 requires that the California Air Resources Board (ARB), the lead agency for implementing AB 32, determine what the statewide GHG emission level was in 1990 and approve a statewide GHG emissions limit (427 million metric tons of CO2 • . equivalent) to be achieved by 2020 and prepare a Scoping Plan to outline the main strategies for meeting the 2020 deadline. Significant progress can be made toward the 2020 goal through existing technologies and improving the efficiency of energy use. Other solutions would include improving the State's infrastructure, and transitioning to cleaner and more efficient sources of energy. The ARB estimates that 38 percent of the State's GHG emissions in 2004 was from transportation sources followed by electricity generation (both in-State and out-of-State) at 28 percent and industrial at 20 percent. Residential and commercial activities account for 9 percent, agricultural uses at 6 percent, high global warming potential gases at 3 percent, and recycling and waste at 1 percent. It is not anticipated that any single development project would have a substantial effect on global climate change but that GHG emissions from the project would combine with emissions across California, the United States, and the world to cumulatively contribute to global climate change. Therefore, consistent with the ARB's Climate Change Scoping Plan, the proposed project was evaluated for consistency with the Early Action Measures (Scoping Plan is a recommendation until adopted through normal rulemaking). The proposed project is assessed by determining its consistency with the 37 Recommended Actions identified by ARB. In compliance with Senate Bill (SB) 97 and CEQA, the project has been analyzed based on a qualitative analysis (CEQA 15064.4). Additionally, the ARB was directed through SB 375 to develop regional GHG emission reduction targets to be achieved within the automobile and light truck sectors for 2020 and 2035. SCAQMD and ARB maintain ambient air quality monitoring stations in the Basin. The stations closest to the project site are the Upland station and the Fontana-Arrow Highway station. The Upland station monitors all criteria pollutants except PMto, PM2.5, and 502 which are monitored at the Fontana-Arrow Highway station. The ambient air quality in the project area for CO, NO2, and SO2 are consistently below the relevant State and Federal standards (based on ARB and EPA from 2007, 2008, and 2009 readings). Ozone, PMto, and PM2.s levels all exceed State and Federal standards regularly. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to greenhouse gases generated by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Project Related Sources of GHG's - Based on the Guidelines for the Implementation of California Environmental Quality Act, Appendix G, a project would normally be considered to have a significant effect on air quality if the project would violate any ambient air quality standards, contribute substantially to an existing air quality violation, expose sensitive receptors to substantial pollutant concentrations, or conflict with adopted environmental Rev 2-26-13 P106 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 28 Less Than Significant Less Issues and Supporting Information Sources: Potenfiany with Than Significant Mitigation Significant No Impact Incorporated Impact Impact plans and goals of the community. However, neither the CEQA statutes, Office of Planning and Research (OPR) guidelines, nor the draft proposed changes to the CEQA Guidelines prescribe thresholds of significance or a particular methodology for performing an impact . .analysis. Significance criteria are left to the judgment and discretion of the Lead Agency. Project related GHG's would include emissions from direct and indirect sources. Based on the Air Quality and Climate Change Assessment that was prepared by MIG/Hogle-Ireland in February 2013 the project would result in the following emissions of carbon dioxide [CO2], methane [CH4], nitrous oxide [N201, hydrofluorocarbons [HFCs], perfluorocarbons [PFCs], and sulfur hexafluoride [SF6]) and would not result in the other GHG's. As seen in the tables below, the proposed project would result in a total of 18 MTCO2eq/yr from construction activities and 190 MTCO2eq/yr for area sources and 1,202 MTCO2eq/yr for mobile sources. Total project related direct operation emission would result in 1,410 MTCO2eq/yr. Short Term (Construction) GHG Emissions - The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel powered construction equipment and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted by construction equipment is primarily carbon dioxide (CO2). The highest levels of construction related GHG's occur during site preparation including demolition, grading and excavation. Construction related GHG's are also emitted from off-site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on site. The combustion of fossil-based fuels creates GHG's such as CO2, Cho, and N20. CH4 is emitted during the fueling of heavy equipment. Construction greenhouse gas emissions are: Y ,Short-Terrn(Construction)'GreenhausaGas:Emissio11(MTlyear)? CO2 CH4 N20 Totals 2015 544 0.00 0.00 546 Amortized 18 0.00 0.00 18 Total2 1: MTCO2E 2: Amortized over 30-years 3: The GHG inventory was prepared for the project using under BAU conditions" Source: Air Quality and Climate Change Assessment-(Table 15)(CaIEEMod Output) MIG/Hogle-Ireland,June 2014 Although the emissions are less than the de facto SCAQMD threshold of 3,000 MT/year, the following mitigation measures shall be implemented to further reduce impacts to less-than-significant levels: • 1) The project must comply with all rules that assist in reducing short-term air pollutant emission in compliance with SCAQMD 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 contractor shall select construction equipment based on low-emission factors and high energy efficiency and submit a statement on Rev 2-26-13 P107 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 29 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant Na impact Incorporated Impact Impact 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 the construction crew. Long Term (Operational) GHG's Emissions - The primary source of GHG emissions generated by the proposed project would be from motor vehicles, combustion of natural gas for space and water heating, as well as off-site GHG emissions from generation of electricity consumed by the proposed land use development over a long term. CEQA requires the Lead Agency to review the project•for "adequacy, completeness, and a good faith effort at full disclosure," to determine potential impacts of GHG's. Therefore the project has been analyzed based on methodologies and information available to the City at the time this document was prepared. Estimates are based on past performance and represent a scenario that is a worst case with the understanding that technology changes may reduce GHG emissions in the future. To date, there is no established quantified GHG emission threshold. Operational greenhouse gas emissions are: # ong t Term(OpeatlonatJ'G►eenhouse GasEriil§sions_(MT/year)?' ,; CO2 CHa . N20 Total' Energy 137 0 0 137 Mobile 1,202 0 0 1,202 Solid Waste 22 1 0 49 Water/Wastewater 3 0 0 4 Total 1,364 1 0 1,393 1: MTCO2E 2: The GHG inventory"was prepared for the project using under BAU conditions" Source: Air Quality and Climate Change Assessment-(Table 16)(CaIEEMod Output) MIG/Hogle-Ireland,June 2014 The project is the construction of an industrial building of about 116,480 square feet on a • parcel of about 249,000 square feet (5.72 acres) and therefore potentially would result in an increase in the net increases of both stationary and mobile source emissions. The majority of energy consumption typically occurs during project operation (more than 80 percent and less than 20 percent during construction activities). The proposed project will • incorporate several design features that are consistent with the California Office of the Attorney General's recommended measures to reduce GHG emission including: water efficient landscaping; shade trees; bike racks; walkways that provide accessibility to public sidewalks; and preferential parking for carpools/vanpools. Rev 2-26-13 • P1O8 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 30 Less Than Significant Less Issues and Supporting Information Sources: Potentially ignifi any With man Significant corporate Significant No Impact Incorporated Impact Impact The project is consistent with the California Environmental Protection Agency Climate Action Team proposed early action measures to mitigate climate change included in the GARB Scoping Plan mandated under AB 32. The proposed project will incorporate several design features including: water efficient landscaping; shade trees; -bike racks; walkways that provide accessibility to public sidewalks; and preferential parking for carpools/vanpools. Additionally, the City is participating in the development of a Sustainable Communities Strategy (SCS) with SANBAG for the San Bernardino County area pursuant to Senate Bill (SB) 375. The long term operation of the project emissions will contribute to area pollutants but will not exceed any of the SCAQMD's thresholds. The proposed project would have less than a significant long term impact with the following mitigation measures: . 1) 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. 2) 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 develope 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. 3) 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, dual flush toilets and waterless urinals/water heaters. Rev 2-26-13 P109 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 31 Less Than Significant Less Issues and Supporting Information Sources: Potentially man Significant Mitigation rto Significant Impact Incorporated Impact _ Impact • Design irrigation to control runoff and to remove water to non-vegetated surfaces. • • 4)• 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. b) The proposed project is the construction and operation of an industrial building of about 116,480 square feet. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emission apply to the project. The 2010 General Plan Update included adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re-use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The proposed project will incorporate several design features including: water efficient landscaping; shade trees; bike racks; walkways that provide accessibility to public sidewalks; and preferential parking for carpools/vanpools and therefore is consistent with the policies of the General Plan. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of GHG's and determined that GHG emissions would be cumulatively considerable, which would be a significant unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project would not hinder the State's GHG reduction goals established by Assembly(AB) 32 and therefore would be less than a significant impact. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to greenhouse gases generated by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. • 8. HAZARDS AND WASTE MATERIALS. Would the project: • a) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) (✓) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? . c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (✓) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? Rev 2-26-13 P11O . Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 32 Less Than Significant Less Issues and Supporting Information Sources: potentially with Than Significant Incorporated Significant Impact Incorporated Impact Impact d) Be located on a site which is included on a list of ( ) ( ) (1) ( ) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, - - would it create a significant hazard to the public or the - environment? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (1) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (✓) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: • a) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive that any other in the State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. The proposed industrial building is to be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding sensitive receptors. No adverse impacts are expected. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to hazards caused, and/or waste materials generated by, those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition, which is considered a full service Hazardous Materials Division that is more comprehensive than any other in the Rev 2-26-13 P111 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 33 Less Than Significant Less Issues and Supporting Information Sources: pptemial With non Significannt t c por Significant No Impact Incorporated Impact Impapa Impact State. The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling-of hazardous materials or volatile fuels will reduce the potential for significant • impacts to a level less-than-significant. The proposed industrial building is to be constructed as speculative with no definitive users at this time. However, at the time of occupancy the Planning Department will review each Business License for each tenant to determine the potential impacts to the surrounding sensitive receptors. The redevelopment of the site will require the developer to comply with SCAQMD Rule 1403, CAL-OSHA regulations for asbestos and lead abatement and other State and Federal regulations prior to their redevelopment and reuse of the site. No adverse impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to hazards caused, and/or waste materials generated by, those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) There is a school located within 1/4 mile of the project site. The nearest school to the project site, The Ontario Center (Elementary) School, is about 0.25-mile to the south at 835 N. Center Avenue in the City of Ontario. However, as noted above in 8.a and 8.b above, the proposed project does not include the use of hazardous materials or volatile fuels. Therefore, no impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to hazards caused, and/or waste materials generated by, those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The site is generally characterized by industrial development to the north, east, and west, and residential development to the south in the City of Ontario. According to the Phase I Environmental Site Assessment prepared by PIC Environmental Services on August 21, 2014: Based on a site inspection/survey, most of the property now contains asphalt or concrete pavement. A small commercial office building remains in the southeast portion of the property. From about 1981 until 2012 the property contained a large industrial building located in the southwest portion of the property. The existing office building appears to Rev 2-26-13 P112 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 34 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than SiImpct Mtigafion to Significant Impact Incorporated Impact Impap have been constructed in about 1981 as well. From about 1981 until 1998 the property was occupied by Brooks Products which manufactured plastic utility boxes and cover plates. Patches in the remaining pavement document historic locations of near surface . _ drain lines and several.subsurface,_concrete lined equipment foundations (pits).:.PIC - - • - contacted the Brooks Products office...and verbally confirmed the subsurface vaults were constructed to support plastics manufacturing equipment. PIC observed no evidence of underground storage tanks (USTs), clarifiers, significant surface staining or drains exhibiting stains. PIC did observe a small stockpile of accumulated wastes including paint, sealants, and cleansers located adjacent to and north of the existing office building. Because the office building was constructed before 1980, asbestos containing construction materials (ACM) may be present onsite. PIC observed no obvious ACM. Based on a review of historical aerial photographs, agricultural cultivation is observed onsite in all photos from 1938 through 1966. By 1977, a square commercial structure was constructed in the southwest portion of the property. By 1989, the square building had been enlarged to the north and the existing office building had been constructed. Exterior areas were paved and used for equipment and vehicle storage. Similar features were observed in the 1994 photo. By 2005, exterior equipment storage was no longer evident. Instead, only vehicle storage is observed onsite. Similar features are observed in subsequent photos through 2012. By 2014, the former, large, industrial building had been demolished. The aerial photo study indicates no obvious environmental impairments on the subject property. PIC observed no historic evidence of underground storage tanks, oil wells, landfills or rock quarries on the subject property. In conclusion, PIC observed no evidence of Recognized Environmental Concerns (environmental impairments)during the site inspection. Project implementation will result in the removal of the remaining building, paving, and associated improvements(unless otherwise required to remain in-place) that were used to conduct the previous operations on the property to allow the construction of an industrial building of about 116,480 square for warehouse/distribution purposes. The impact will be less-than-significant. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to hazards caused, and/or waste materials generated by, those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The site is located within an Airport Land Use Plan according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 and is within 2 miles of a public airport. The project site is located about one mile north of the Ontario Airport and is offset north of the flight path. Per FAR Part 77, Subpart C, any object with a height of 200 feet above the established airport elevation would be an obstruction to air navigation. The airport is at an Rev 2-26-13 P113 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 35 Less Than Significant Less Issues and Supporting Information Sources: potentially With man Significant Incorporated Significant Impact IncoryacaleC Impact Impact established elevation of 925 feet above sea level (ASL). The proposed building has a pad elevation of about 1,038 feet (maximum) and, when combined with the overall height of the building of between 36 feet and 40 feet (maximum), will have a height of about 153 . feet above the established airport elevation. No impact is anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to airport land use plans caused by those projects • will be evaluated and, if necessary, the applicable mitigation measures will be implemented. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located about 2.5 mites to the west of the City's westerly limits. No impact is anticipated. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. The site has access to existing roadways. The City's Emergency Operation Plan, which is updated every three years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. Because the project includes at least two points of public street • access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. ' Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to emergency access plans and evacuation routes caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. h) Rancho Cucamonga faces the greatest ongoing threat from wind-driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City; however, the proposed project site is not located within a Very High Fire Hazard Severity Zone according to General Plan Figure PS-1. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to the exposure of people or structures to Rev 2-26-13 • P114 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 36 Less Than Significant Less Issues and Supporting Information Sources: p al With Than Signifi gnificann t t ccrpc,ate Significant Impact Incorporated Impact Impact wildfire risk caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. 9. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ( ) (1) ( ) ( )• requirements? b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (✓) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (1) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (✓) the capacity of existing or planned stormwater • drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) (✓) ( ) ( ) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (✓) mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (1) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) (✓) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ( ) (✓) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The project is designed to connect to existing water and sewer systems. The State of California is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Rev 2-26-13 • P115 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 37 Less Than Significant Less Issues and Supporting Information Sources: pganial With Than Significannt t Significant No Impact Incorporated Impact Impact Resource Control Board (SWRCB), through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Construction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity for new development or significant redevelopment. Prior to commencement of construction of a project, a discharger must submit a Notice of Intent (NOI) to obtain coverage under the General Permit. The General Permit requires all dischargers to comply with the following during construction activities, including site clearance and grading: • Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that would specify Best Management Practices (BMPs) to prevent construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off-site into receiving waters. • Eliminate or reduce non-storm water discharges to storm sewer systems and other waters of the nation. • Perform inspections of all BMPs. • Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the project construction contractor will be required to prepare an SWPPP during construction activities, and aWater Quality Management Plan (WQMP)for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by Fuscoe Engineering, Inc. in September 2014, which identifies BMPs to minimize the amount of pollutants, such as eroded soils, entering the drainage system after construction. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. The following mitigation measures are required to control additional storm water effluent: Construction Activities: 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall Rev 2-26-13 P116 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 38 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant SiImpactnt torpor to Significant Impact Incorporated Impact Impap include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either • on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Fuscoe Engineering, Inc. in September 2014 to reduce pollutants during construction entering the storm drain system to the maximum extent practical. Post- Construction Operational: 6) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Fuscoe Engineering, Inc. in September 2014 to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 7) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouselstorage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact Of any) to water quality standards or waste discharge requirements caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) According to CVWD, approximately 35 percent of the City's water is currently provided from water supplies coming from the underlying Chino and Cucamonga Groundwater Basins. CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Rev 2-26-13 P117 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 39 Less Than Significant Less Issues and Supporting Information Sources: Potentially wn Than Significant l Incorporated Significant Impact Incorporated Impact Impact Plan Figure RC-3. Development of the site will require the grading and excavation, but would not affect the existing aquifer, estimated to be about 300 to 470 feet below the ground surface. As noted in the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. CVWD has plans to meet this increased need to the year 2030. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for • review by the City, the impact (if any) to groundwater supplies or groundwater recharge caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. • c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on the site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to drainage patterns that results in erosion caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on-or off-site. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of Rev 2-26-13 P118 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 40 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Significant Significant corporal Significant Impact Incorporated Impact Impact warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to drainage patterns that results in-flooding caused - by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff because of the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional sources of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to existing or planned stormwater drainage systems caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site will be undergoing significant redevelopment; therefore, the project is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. The following mitigation measures shall be implemented: Grading Activities: 1) 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. 2) 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 Rev 2-26-13 P119 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 41 Less Than Significant Less Issues and Supporting Information Sources: Polenaanr With Significant Significant Mitigation Significant Impact Incorporated Impact Impact Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to water quality caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. g) No housing units are proposed with this project. No adverse impacts are expected. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of • warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to housing due to flood hazards caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. h) The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to flood flow patterns caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to adequately convey floodwaters from a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Figure PS-6. The project site is not located within a 100-year flood hazard area according to General Plan Figure PS-5. No adverse impacts are expected. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of Rev 2-26-13 P120 • Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 42 Less Than Significant Less Issues and Supporting Information Sources: Potentially Significant Than Significant corporate Significant Impact _Incorporated Impact Impact warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to flooding caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. j) There are no oceans, lakes, or reservoirs near the project site. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. No adverse impacts are expected. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to inundation by seiche, tsunami, or mudflow caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. • 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) ( ) (1) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (✓) regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (✓) or natural community conservation plan? Comments: a) The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The site is generally characterized by industrial development to the north, east, and west, and residential development to the south in the City of Ontario. The proposal is for the construction of an industrial building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres). The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings remains. The site will be developed with an industrial building that will be similar to the newer buildings in the industrial areas of the City. No adverse impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in Rev 2-26-13 • P121 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 43 Less Than Significant Less Issues and Supporting Information Sources: paten ally Mignon man Significant carp tion Significant Impact Incorporated Impact Impact floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the• - Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to established communities caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) The project site land use designation is Industrial Park. The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection, SCAG's Compass Blueprint, or SCAG's Regional Comprehensive Plan. The proposal is for the construction of an industrial building of about 116,480 square feet on a parcel.of about 249,000 square feet (5.72 acres). The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings remains. The site will be developed with an industrial building that will be similar to the newer buildings in the industrial areas of the City. The development of the site will be consistent with the land use designations as described in the Development Code and General Plan. The minimum building, parking lot, and wall setbacks; dock and storage area screening; and landscape coverage are consistent with the Development Code and the General Plan. As such, no impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to any land use plan, policy, or regulation caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) The project site is not located within any habitat conservation or natural community plan area. According to General Plan Figure RC-4 and Section 4.10 of the General Plan FPEIR, the project site is not within an area of sensitive biological resources but is located near an area for potential habitat for the Delhi Sands Flower Loving Fly (DSFLF). According to the General Biological Assessment prepared by Natural Resources Assessment, Inc. on November 12, 2014, there are no Delhi sands present on site (Figure 3), and the site is dominated by ruderal (weedy) plants, human activity and hardscape surfaces. This species is not present on site. The boundary of the mapped habitat area (including the buffer area) for the Delhi Sands flower-loving fly (DSFLF) is a minimum of 0.13 miles (approximately 700 feet) to the east(Figure 4). This 700 foot area, all of the buffer area and a portion of the habitat area between the project and Haven Avenue, north of 40 Street, has been converted into commercial development and no DSFLF habitat remains. Therefore, development will not adversely affect rare or endangered species of plants or animals. The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet. Within the last few years there has been ongoing deconstruction/demolition Rev 2-26-13 P122 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567,and Development Review DRC2014-00566 Page 44 Less Than Significant Less Issues and Supporting Information Sources: Potentially wm Than Significant Imp Incorporated Significant pa Impact IncorywaleC Impact Impact • activity on the property and, therefore, only the smaller of the two buildings remains. The site will be developed with an industrial building that will be similar to the newer buildings in the industrial areas of the City. The project site is bound on the north by industrial . office buildings. To the east is a property that is partially developed with a building of about 13,000 square feet. To the west is a vacant property while to the south, on the opposite side of 4th Street, is an apartment complex (Centre Club Apartments) in the City of Ontario. The proposed project is consistent with the General Plan Land Use Plan. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a. floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to any conservation plan caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. • 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (✓) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (✓) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The site is not designated as a State Aggregate Resources Area according to the City General Plan, Figure RC-2 and Table RC-1; therefore, there is no impact. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to mineral resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) The site is not designated by the General Plan, Figure RC-2 and Table RC-1, as a valuable mineral resource recovery site; therefore, there is no impact. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Rev 2-26-13 P123 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 45 Less Than Significant Less Issues and Supporting Information Sources: potentially With Than Significant corps ate Significant Impact Incorporated Impact Impact Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to mineral resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) ( ) (✓) ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (✓) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise ( ) ( ) ( ) (1) levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ( ) (I) ( ) ( ) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (1) where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project expose people residing or working in the project area to excessive noise levels? • Comments: a) The project site is within an area of noise levels exceeding City standards according to General Plan Figure PS-9 at build-out. The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The street frontage along 4th Street is about 419 feet. The principal source of noise that would impact the project site is traffic. Generally, warehouse/distribution operations are not sensitive to noise impacts. The office use associated with such operations would be the most sensitive to noise impacts. However, due to the concrete wall construction of the buildings and the setbacks between the buildings and the street, noise impacts will be less than significant. Noise from the site will most likely be generated by truck traffic and dock area activities— all other activities will be conducted within the buildings. The dock area will be screened from the street by a concrete tilt-up wall of a minimum 8 feet in height. There are no sensitive receptors immediately adjacent to the project site. The nearest noise sensitive area is an apartment complex (Centre Club Apartments) located to the south of the project site, on the opposite side of 4th Street, in the City of Ontario. The nearest apartment unit/building is about 150 feet from the perimeter of the project. Per the Noise Study prepared by MIG/Hogle-Ireland in August 2014, operationally, the proposed project will result in periodic landscaping and other occasional noise generating activities. These activities are common in industrial uses and do not represent a substantial increase in periodic noise in consideration that the project site is located in an industrialized area. Traffic noise levels will not increase 3 dBA or more as a result of the proposed • Rev 2-26-13 P124 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 46 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP g Significant Incorporated Significant Impact Incorporated Impact Impact project...noise levels are expected to increase by a maximum of 0.8 dBA CNEL, as a result of the project, at the industrial and commercial use to the east of the project. However, because the project site in its existing condition is mostly vacant with an existing 5,000-square foot vacant building, addition of the proposed warehouse will decrease roadway noise from 4th Street at the industrial uses to the north. In addition, as discussed previously, increase in traffic generated noise will only be perceptible to the community if traffic levels double on any roadway. The proposed project will not double traffic on any of the surrounding roadways. Therefore, the project-related noise increases on 4th Street will not be perceptible and impacts will be less than significant. In any event, the mitigation measures listed below will further reduce exterior and interior noise levels: 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) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. The measures listed under 12.d also will further reduce exterior and interior noise levels to less-than-significant levels. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to noise caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) The proposed industrial building is to be constructed as speculative with no definitive users at this time. The City's Development Code requires that all industrial uses be conducted within an enclosed building; hence, no adverse operational impact to nearby uses is expected. However, at the time of occupancy the Planning Department will review . each Business License for each tenant to determine the potential impacts to the neighboring sensitive receptors. There are no sensitive receptors immediately adjacent to the project site. The nearest noise sensitive area is an apartment complex (Centre Club Apartments) located to the south of the project site, on the opposite side of 4th Street, in the City of Ontario. The nearest apartment unit/building is about 150 feet from the perimeter of the project. Per the Noise Study prepared by MIG/Hogle-Ireland in August 2014, construction of the project does not require rock blasting, pile driving, or the use of a jack hammer, but will use a vibratory roller, large bulldozer, and loaded trucks. All receptors will experience barely perceptible vibration from construction of the proposed • Rev 2-26-13 P125 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 47 Less Than Significant Less Than Potentially Issues and Supporting Information Sources: Potentially wim Significant Mitigation pc ion Significant Na Impact Incorporated Impact Impact project. Furthermore, these construction activities will be limited to the hours of 7:00 pm to 8:00 pm Mondays through Saturdays. Limiting construction activities to daytime hours will reduce the vibration impacts to adjacent residences because, generally, residents will be working during the day so residences to the south will be vacant when construction • activities are occurring. With regard to long-term operational impacts, activities associated with the project will not result in any vibration-related impacts to adjacent or on-site properties. In any event, the measures listed under 12.d will further reduce exterior and interior noise levels to less-than-significant levels. . Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to vibrations caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. Noise from the site will most likely be generated by truck traffic and dock area activities — all other activities will be conducted within the buildings. The dock area will be screened from the street by a concrete tilt-up wall of a minimum 8 feet in height. There are no sensitive receptors immediately adjacent to the project site. The nearest noise sensitive area is an apartment complex (Centre Club Apartments) located to the south of the project site, on the opposite side of 4th Street, in the City of Ontario. The nearest apartment.unit/building is about 150 feet from the perimeter of the project. Per the Noise Study prepared by MIG/Hogle-Ireland in August 2014, traffic noise levels will not increase 3 dBA or more as a result of the proposed project...noise levels are expected to increase by a maximum of 0.8 dBA CNEL, as a result of the project, at the industrial and commercial use to the east of the project. However, because the project site in its existing condition is mostly vacant with an existing 5,000-square foot vacant building, addition of the proposed warehouse will decrease roadway noise from 4th Street at the industrial uses to the north. In addition, as discussed previously, increase in traffic generated noise will only be perceptible to the community.if traffic levels double on any roadway. The proposed project will not double traffic on any of the surrounding roadways. Therefore, the project-related noise increases on 4th Street will not be perceptible and impacts will be less than significant. In any event, the measures listed in 12.a will mitigate the short-term noise impacts to a level of less than significant. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to increased ambient noise levels caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Rev 2-26-13 • P126 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 48 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Incorporated Significant Impact IncoryaateE Impap Impact d) The General Plan FPEIR (Section 4.12)indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: - • • 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.66.050, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.66.050. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) Stationary construction noise sources such as generators or pumps must be located at least 100 feet from sensitive land uses, as feasible, or at maximum distance when necessary to complete work near sensitive land uses. This mitigation measure must be implemented throughout construction and may be • periodically monitored by the Director of Community and Economic Development, or designee during routine inspections. 4) Construction staging areas must be located as far from noise sensitive land uses as feasible. This mitigation measure must be implemented throughout • construction and may be periodically monitored by the Director of Community and Economic Development, or designee during routine inspections. 5) Throughout construction, the contractor shall ensure all construction equipment is equipped with included noise attenuating devices and are properly maintained. This mitigation measure shall be periodically monitored by the Director of Community and Economic Development, or designee during routine inspections. 6) Idling equipment must be turned off when not in use. This mitigation measure may be periodically monitored by the Director of Community and Economic Development, or designee during routine inspections. 7) Equipment must be maintained so that vehicles and their loads are secured from rattling and banging. This mitigation measure may be periodically monitored by the Director of Community and Economic Development, or designee during routine inspections. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment but do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measure shall then be required: Rev 2-26-13 P127 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 49 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant !Mignon Significant No Impact Incorporated Impact Impact 8) 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 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. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to substantial temporary or periodic increase in ambient noise caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. e) The site is located within an airport land use plan and is one mile from a public airport. The Project is located approximately one mile north of the Ontario Airport and is offset north of the flight path. Per the Noise Study prepared by MIG/Hogle-Ireland in August 2014, the project site is within the airport influence area; however, according to the Ontario International Airport Land Use Compatibility Plan, the noise impact zones do not extend to the project site. The project site will not be exposed to excessive aircraft noise levels. No impact is anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact Of any) due to excessive noise levels generated by airports in the vicinity of those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. f) The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west of the City's westerly limits. No impact is anticipated. 13. POPULATION AND HOUSING. Would the project a) Induce substantial population growth in an area, either ( ) ( ) ( ) (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (✓) necessitating the construction of replacement housing elsewhere? Rev 2-26-13 P128 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 50 Less Than Significant Less Issues and Supporting Information Sources: Solencanant wh han Significt Mitigation Significant No Incorporated Impact Impact c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (✓) the construction of replacement housing elsewhere? Comments: .. a) The project is located in a predominantly developed area and will not induce population growth. Once constructed, the proposed project will have a limited number of employees; hence, will not create a demand for additional housing as a majority of the employees will likely be hired from within the City or surrounding communities. No significant impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a • building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) due to population growth caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings remains — there are no existing housing units on the project site. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact.(if any) to existing housing caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the • smaller of the two buildings remains — there are no existing housing units on the project site. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a • building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) of the displacement of people caused by those Rev 2-26-13 P129 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 51 Less Than Significant Less Issues and Supporting Information Sources: Potentially With nan Significant Mitigation Significant No Impact Incorporated Impact Impact projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) ( ) ( ) (✓) b) Police protection? ( ) ( ) ( ) (✓) c) Schools? ( ) ( ) ( ) (✓) d) Parks? ( ) ( ) ( ) (1) e) Other public facilities? ( ) ( ) ( ) (✓) Comments: a) The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue and would be served by Fire Station #4 at 11297 Jersey Boulevard located about 1.5 miles to the northeast of the site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project to lessen the future demand and impacts to fire services. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to fire protection services caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to police protection services caused by those Rev 2-26-13 • P130 • Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 52 • Less Than Significant Less Issues and Supporting Information Sources: Potentially nt with man Sincant coWith n Significant Impact Incmpaated Impact Impact projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The site is in a developed area currently served by the Cucamonga School-District and the Chaffey Joint Union High School District. The project will be required to pay School Fees as prescribed by State law prior to the issuance of building permits. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to schools caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is Golden Oak Park at 9345 Golden Oak Road located approximately one mile west to northwest of the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to parks caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FPEIR (Section 4.14), there will be a projected increase in library space demand, but with the implementation of standard conditions the increase in Library Services would be mitigated to less-than-significant impact. Additionally, the Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space that is planned for future Library use. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore no adverse impact is expected. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed • 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in Rev 2-26-13 P131 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 53 Less Than Significant Less Issues and Supporting Information Sources: Potentially With man Significant Mitigation Significant No Impact Incorporated Impact Impact floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does . . not preclude the review by the City of any project located on other parcels within the • Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact(if any)to other public facilities caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. 15. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (1) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (✓) require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is Golden Oak Park at 9345 Golden Oak Road located approximately one mile west-northwest of the project site. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay Park Development Fees. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact(if any)to recreational facilities caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) Refer to 15.a above. Rev 2-26-13 • P132 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 54 Less Than Significant Less Issues and Supporting Information Sources: Polenual will man Significant Im ct corpanon Significant pa Impact Incorporated Impact Impact 16. TRANSPORTATION/TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy ( ) ( ) ( ) (✓) .establishing measures of effectiveness for the . performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management ( ) ( ) ( ) (✓) program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ( ) ( ) ( ) (✓) either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (✓) (e.g., sharp curves or dangerous intersections) or incompatible uses(e.g.,farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) f) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓) regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Comments: a) The proposed project is the construction and operation of an industrial building of about 116,480 square feet. Per the to the Traffic Impact Assessment prepared by Linscott, Law & Greenspan on April 29, 2014, implementation of the proposed project will generate 529 weekday daily PCE trips, 47 weekday AM peak hour PCE trips (38 inbound, 9 outbound), and 47 weekday PM peak hour PCE trips (12 inbound, 35 outbound). As noted in the General Plan FPEIR (Section 4.16), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume, or congestion at intersections. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in Rev 2-26-13 P133 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 55 Less Than Significant Less Issues and Supporting Information Sources: p"temial With Than Significannt t corprate Significant No Impact Incorporated Impact Impact floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does . not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to the performance of the transportation/traffic circulation system caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) Per the to the Traffic Impact Assessment prepared by Linscott, Law&Greenspan on April 29, 2014, will generate 529 weekday daily PCE trips, 47 weekday AM peak hour PCE trips (38 inbound, 9 outbound), and 47 weekday PM peak hour PCE trips(12 inbound, 35 outbound). A qualitative assessment of the addition of 47 AM peak hour trips and 47 PM peak hour trips, when distributed through the project vicinity, would result in essentially no more than approximately 35 AM or PM peak hour trips at the...intersections...of Hermosa Avenue and 4th Street, and Haven Avenue and 4th Street [located in the Project vicinity]. Using the "100 trip threshold" criteria as indicated in the SANBAG Congestion Management Program (CMP) as the basis for requiring the preparation of a traffic impact analysis, the proposed Project would not require the preparation of a traffic impact analysis or comprehensive traffic impact assessment. As a result, based on the traffic generation potential of the proposed 4th Street Industrial Project, the proposed maximum 120,000 SF warehouse building will not significantly impact the surrounding transportation system. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these development impact fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting requirement. This project will be required, as a condition of approval, to pay the adopted transportation development fee prior to issuance of building permit. The project is in an area that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to a congestion management program caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) Located about one mile north of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. Rev 2-26-13 P134 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 56 Less Than Significant Less Issues and Supporting Information Sources: Potentially wm han Significant corps ate Significant Impact Incorporate0 Impact Impact Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the- purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact(if any)to air traffic patterns caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The project is in an area that is mostly developed. The project will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming • uses. The project will, therefore, not create a substantial increase in hazards because of a design feature. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) of transportation design features associated with those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. e) The project will be designed to provide access for all emergency vehicles during construction and upon .completion of the project and will therefore not create an inadequate emergency access. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to emergency access caused by those projects will be evaluated and, if necessary, the.applicable mitigation measures will be implemented. f) The design of the project includes, or the project will be conditioned to provide, features supporting transportation and vehicle trip reduction including bicycle racks at the office area, preferential parking for car/vanpools, pedestrian connections to the public sidewalks, • etc. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does Rev 2-26-13 P135 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 57 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Incorporated Significant Impact Incorporated Impact Impact not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (1) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (1) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ( ) ( ) ( ) (1) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (1) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (1) provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (✓) capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (1) regulations related to solid waste? Comments: a) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants. The RP-1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for buildout of the General Plan. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated . Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for Rev 2-26-13 P136 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 58 Less Than Significant Less Issues and Supporting Information Sources: Pntanea With Than Sitencant Incorporated Significant Impact Incorporated Impact Impact review by the City, the impact (if any) to wastewater treatment requirements caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency •at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within the City of Ontario, neither of which is at capacity. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated: Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to wastewater treatment facilities caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to storm water drainage facilities caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. d) The project is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to water supplies caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Rev 2-26-13 P137 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 59 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigabon Significant Impact Incorporated Impact Impact e) The proposed project is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1.located within City of Ontario, neither of which is at capacity. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to wastewater treatment capacity caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. • • f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to landfill capacity caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. No impacts are anticipated. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within•the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact (if any) to solid waste statutes and regulations caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. • Rev 2-26-13 P138 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 60 Less Than Significant Less Issues and Supporting Information Sources: Po With han Significant corpotioe Significant Impact Incorporated Impact Impaq 18. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) (1) ( ) ( ) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) (1) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a • project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future • projects)? c) Does the project have environmental effects that will ( ) ( ) ( ) (✓) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The project site is located at 10220 4th Street about 1,600 feet west of Haven Avenue. The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Figure RC-4. The site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals. The western two-thirds of the parcel was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet, and associated surface improvements such as asphalt storage/parking areas • and landscaping comprised of ground cover and numerous mature trees along 4th Street and along the perimeter. These buildings were most likely constructed in the early 1980's. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings, the paving, and the landscaping remain. The eastern one-third of parcel is vacant and is dominated by short grasses. Development of the site for the subject project will result in the removal of all the identified improvements. The project site is bound on the north by industrial office buildings. To the east is a property that is partially developed with a building of about 13,000 square feet. To the west is a vacant property, while to the south, on the opposite side of 4th Street, is an apartment complex (Centre Club Apartments) in the City of Ontario. Based on previous development, surrounding development, and the construction of infrastructure in the immediate vicinity, it is unlikely that any endangered or rare species would inhabit the site. According to the General Biological Assessment prepared by Natural Resources Assessment, Inc. on November 12, 2014, the site is located near an area for potential habitat for the Delhi Sands Flower Loving Fly (DSFLF). There are no Delhi sands present on-site, and this species is not present on site. Nesting habitat exists for the burrowing owl but no active owl burrows or animals were observed. The available habitat is small, surrounded by development and isolated from suitable foraging habitat and, therefore, burrowing owls are not expected on the property. The project site is in a region where several other candidate, sensitive, or special status species could exist but Rev 2-26-13 • P139 Initial Study for City of Rancho Cucamonga Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Page 61 Less Than Significant Less Issues and Supporting Information Sources: Fnnnca wan Than Significannt t corpatioe Significant No Impact Incorporated Impact Impact conditions on the project site do not exist that could support these species and the presence of these species is not expected. The plant community on the undeveloped area of the site is comprised of a variety of annual weeds. The plant community on the developed area of the site is composed of non-native landscape trees and shrubs-such as Chinese elm, eucalyptus and century plant. No nest or nesting behavior was observed during the field survey, but there are trees within the project site that provide nesting habitat. Due to the location of the property within an urbanized area of the City, no significant indirect impacts (noise, human activity) are expected. However, as these trees will be removed, there may be direct impacts to bird species nesting in these trees. It is possible that birds are nesting on site or will be nesting at the time of construction. The mitigation measures listed in the Biological section of this Initial Study will reduce the impacts to the nesting activities of native bird species and trees to less-than-significant. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the impact(if any) to biological and cultural resources caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings.of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storaqe/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the cumulative impacts (if any) caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. Rev 2-26-13 P14O Initial Study for City of Rancho Cucamonga Development Review DRC2014-00566 and.Development Code Amendment DRC2014-00567 Page 62 c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less-than-significant levels. - - Development Code Amendment DRC2014-00567 will allow logistics buildings to exceed 50,000 square feet in floor area. Although a building in excess of 50,000 square feet in floor area is permitted within the Industrial Park (IP) District, the construction and use of a building with a floor area that exceeds 50,000 square feet for the purpose of warehouse/storage/distribution uses is not permitted. Adoption of the amendment does not preclude the review by the City of any project located on other parcels within the Industrial Park (IP) Districts. When the applications for those projects are submitted for review by the City, the environmental effects caused by those projects will be evaluated and, if necessary, the applicable mitigation measures will be implemented. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program ER, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho • Cucamonga, Planning Division offices, 10500 Civic Center Drive and/or have been attached (on a CD) to this document for review: (T) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) • (T) Master Environmental Assessment for the 1989 General Plan Update ' (SCH #88020115, certified January 4, 1989) (T) Industrial Area Specific Plan EIR (Certified September 19, 1981) (T) Air Quality and Climate Change Assessment (MIG/Hogle-lreland, June 2014) • (T) General Biological Assessment (Natural Resources Assessment, Inc., November 12, 2014) (T) Noise Study (MIG/Hogle-Ireland, August 2014) (T) Phase I Environmental Site Assessment (PIC Environmental Services, August 21, 2014) Rev 2-26-13 P141 Initial Study for City of Rancho Cucamonga Development Review DRC2014-00566 and Development Code Amendment DRC2014-00567 Page 63 (T) Traffic Impact Assessment (Linscott, Law& Greenspan, April 29, 2014) (T) Water Quality Management Plan (Fuscoe Engineering, Inc., September 2014) Rev 2-26-13 P142 Initial Study for City of Rancho Cucamonga Development Review DRC2014-00566 and Development Code Amendment DRC2014-00567 Page 64 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects would occur. • Applicant's Signature: Date: Print Name and Title: Rev 2-26-13 P143 Y cr- 1. r,• p 41. City of Rancho Cucamonga 4 �, �, ;_ " 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.: Development Code Amendment DRC2014-00567 Public Review Period Closes: January 28, 2015 Project Name: Project Applicant: Turner Real Estate Investments Jason Korengold Project Location (also see attached map): Located within the Industrial Park (IP) District at 10220 4th Street about 1,600 feet west of Haven Avenue -APN: 0210-371-02. Project Description: A proposal to amend the Development Code to allow buildings with floor areas in excess of 50,000 square feet to be constructed on select parcels that are within the Industrial Park (IP) District. Related files: DRC2014-00566 and DRC2014-00845. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based upon the following finding: The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Mitigated Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project, as revised, may have a significant effect on the environment. If adopted,the Mitigated Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive (909) 477-2750 or Fax (909) 477-2847. NOTICE The public is invited to comment on the proposed Mitigated Negative Declaration during the review period. March 4, 2015 Date of Determination Adopted By P144 .;t City of Rancho Cucamonga loNi i.'It MITIGATION MONITORING 1 PROGRAM • Project File No.: Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 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 • P145 Mitigation Monitoring Program Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 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. P146 m U ` c O ro a. c E O 0 'U U A o m N Z (NJ co TO . v F. me ti m - to m > 0 0 C Lc) p O Q 0 O O a 4 .c b. Q o > a CNI I- H O 0 N 3 c a) Q a) c n — IX o O `o H c U e Z a) a . r= E o Ei H 0 i= > Cl) M J a c U ° E om o V c c.) 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C - \ \ \ \ \ J } / dk ka : G ; QQ : C a a « C WI' \ \ c { \ ) \ \ c = « ! _ z, , f � 0 <.c - = « k0 / ) a C 0 OP O3 \ ) ( f � � § & 01 C 7c ! CO 3 ) a. OC c \ \� §C § \� 7 \} § om 0 . , . , . 2c2 . ■ < ooIll ecn o 0 0 - 0) \ _ ) j \ CO ) \ $ \ g\ \ e : E \ \ / 6 \ ƒ | J { ) 0 ] 8 7 ( 05 , 625 ° 22 s OE ) \ # j \® m « ® — - 2 k ) \ { / / § 3 § | ) Z § ) , 0 oOi 5 ! ƒ 2 C ) ) § k ) ) • P160 RESOLUTION NO. 15-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2014-00566, A PROPOSAL TO CONSTRUCT AN INDUSTRIAL BUILDING OF ABOUT 116,480 SQUARE FEET ON A PARCEL OF ABOUT 249,000 SQUARE FEET (5.72 ACRES) IN THE INDUSTRIAL PARK (IP) DISTRICT LOCATED AT 10220 4TH STREET ABOUT 1,600 FEET WEST OF HAVEN AVENUE;AND MAKING FINDINGS • IN SUPPORT THEREOF—APN: 0210-0371-02. A. Recitals. 1. Turner Real Estate Investments filed an application for the approval of Development Review DRC2014-00566 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 28th day of January 2015 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 28, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: , a. The application applies to a property located at 10220 4th Street about 1,600 feet west of Haven Avenue; and b. The property has an area of about 249,000 square feet(5.72 acres) and is about 415 feet (east-west) by about 601 feet (north-south); and c. The western two-thirds of the property was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet, and associated surface improvements such as asphalt storage/parking areas and landscaping comprised of ground cover and numerous mature trees along 4th Street and along the perimeter; and d. The City's records are incomplete regarding these buildings but based on the information that is available, these buildings were most likely constructed in the late 1970's or early 1980's. Within the last few years there has been ongoing deconstruction/demolition activity on the property and, therefore, only the smaller of the two buildings, the paving, and the landscaping remain. The eastern one-third of the parcel is vacant and is dominated by short grasses. Attachment B P161 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 2 Development of the site for the subject project will result in the removal of all the identified improvements; and e. The project site is bound on the north by industrial office buildings. To the east is a property that is partially developed with a building of about 13,000 square feet. To the west is a vacant property while to the south, on the opposite side of 4th Street, is an apartment complex (Centre Club Apartments) in the City of Ontario; and f. The zoning of the property and all properties to the north, east, and west is Industrial Park (IP) District. The zoning of the property to the south, in the City of Ontario, is Urban Residential—Ontario Center Specific Plan; and g. The applicant proposes to construct an industrial building of 116,480 square feet; and h. As the building has a floor area that is in excess of 50,000 square feet, activities within a building of the proposed size are classified as "Wholesale, Storage, and Distribution — Medium". The Development Code currently does not permit"Wholesale,Storage,and Distribution— Medium", and the corresponding buildings for such uses, in the Industrial Park (IP) District. The Code does permit "Wholesale, Storage, and Distribution — Light". However, the corresponding buildings for such uses are limited to less than 50,000 square feet in floor area; and i. In order to maximize the development opportunity of the project site, the applicant has submitted Development Code Amendment DRC2014-00567 to allow"Wholesale,Storage,and Distribution — Medium" which, if approved, would permit the construction and operation of the proposed logistics building; and j. The proposed building will be of concrete tilt-up construction. The basic layout of the building will be typical for warehouse buildings. The primary(or long)axis for the building will be aligned east-west north-south. The offices area will be located at the southeast corner of the building. There will be a dock loading/storage area with 18 dock doors located on the east side of the building; and k. The parking requirement for the project, based on the proposed mix of office and warehouse floor areas in the proposed building, is 76 parking stalls;the project will have 76 parking stalls. The trailer parking requirement, based on a ratio of one stall per dock door, is 18 parking stalls; the project will have 18 parking stalls; and I. The proposed building will have a floor area of 116,480 square feet and the project site has an area of approximately 249,000 square feet. The calculated FAR for the project will be approximately 46.7 percent. Per Chapter 2, Figure LU-2 Land Use Plan of the General Plan, the maximum Floor Area Ratio (FAR) in the Industrial Park (IP) land use category is 60 percent; and m. A review and request for approval of land uses are not included in this application; and n. This application is in conjunction with Development Code Amendment DRC2014- 00567 and Tree Removal Permit DRC2014-00845. 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 P162 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 3 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed project is in accord with the General Plan, the objectives of the Development Code(subject to the approval of Development Code Amendment DRC2014-00567), and the purposes of the district in which the site is located. The proposal is to construct an industrial building of 116,480 square feet. The underlying General Plan designation is Industrial Park. b. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The potential land uses that would be associated with this project are consistent with the land uses within the vicinity where it is located and the expectations of the community. The zoning of the property and all properties to the north, east, and west is Industrial Park(IP) District.The zoning of the property to the south, in the City of Ontario, is Urban Residential — Ontario Center Specific Plan; c. The proposed development complies with each of the applicable provisions of the Development Code, except maximum building floor area, for which the applicant has submitted a Development Code Amendment(related file: DRC2014-00567)in order to allow the floor area to be greater than 50,000 square feet. The proposed development otherwise complies with all other standards outlined in the Development Code and the design and development standards and policies of the Planning Commission and the City including building and parking setbacks, average landscape depth, floor area ratio, parking, dock and storage area screening, landscape coverage, site planning, and architecture. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration,together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. 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 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 and prior to the approving Development Review DRC2014-00566, 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 • P163 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 4 with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the attached standard conditions incorporated herein by this reference. Planning Department 1) Burrowing owl mitigation: a) Avoidance during the breeding season - Breeding season avoidance measures, including but not limited to those as follows shall be implemented. A pre-construction survey for resident burrowing owls shall be conducted by a qualified biologist within 30 days prior to construction activities. If ground-disturbing activities are delayed or suspended for more than 30 days after the pre-construction survey, the site will be resurveyed for owls. Pre-construction survey methodology shall be based on Appendix D(Breeding and Non-breeding Season Surveys and Reports)of the CDFW Staff Report. Results of the pre-construction survey shall be provided to CDFW and the City. If the pre-construction survey does not identify burrowing owls on the project site, then no further mitigation would be required. If burrowing owls are found to be utilizing the project site during the pre-construction survey, measures shall be developed by the qualified biologist in coordination with CDFW to avoid impacting occupied burrows during the nesting period. These measures shall be based on the most current CDFW protocols and would minimally include establishment of buffer setbacks from occupied burrows and owl monitoring. b) Burrow exclusion and/or closure during the non-breeding season - During the non-breeding season (September 1 through January 31), if burrows occupied by migratory or non-migratory resident burrowing owls are detected during a pre-construction survey, then burrow exclusion and/or closure may be used to exclude owls from those burrows. Burrow exclusion and/or closure should only be conducted by a qualified wildlife biologist in coordination with CDFW using the most current CDFW guidelines. c) Nesting Birds - If vegetation removal, soil disturbance, or any other construction related activity is to occur during the avian ) P164 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 5 nesting season (February 1 through August 31), a preconstruction nesting survey shall be conducted prior to initiation of construction. If nests are discovered, they should be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist. The temporary"no construction"area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist.. • Once the nest cycle is complete and all nestlings have fledged and left the nest, then construction in the area could resume. If initial ground disturbing activities or site clearing is proposed to occur outside of the nesting season (September 1 through January 31), then a preconstruction survey would not be required and construction could commence unimpeded. Environmental Mitigation Air Quality 1) Prior to issuance of building permits, the project proponent shall submit, to the satisfaction of the Planning Department, a Coating Restriction Plan (CRP), consistent with South Coast Air Quality Management District (SCAQMD) guidelines and a letter agreeing to include in any construction contracts and/or subcontracts a requirement that the contractors adhere to the CRP. The CRP measures shall be implemented to the satisfaction of City Building Director. These may include the following: • That volatile organic compounds(VOC)of proposed architectural coatings not exceed 100 for interior applications. • That volatile organic compounds(VOC)of proposed architectural coatings not exceed 100 g/I for exterior applications. This measure shall conform to the performance standard that emissions of volatile organic compounds from application of interior or exterior coatings shall not exceed the daily emissions thresholds established by the South Coast Air Quality Management District. The CRP shall specify use of High-Volume, Low Pressure (HVLP) spray guns for application of coatings. 2) 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. • P165 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 6 3) 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 Planking Staff. 4) 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. 5) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 6) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • 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. 7) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCBj)daily to reduce Fine Particulate Matter(PM10)emissions, in accordance with SCAQMD Rule 403. P166 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 7 8) 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 PM,()emissions. 9) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 10) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 11) Provide preferential parking to high occupancy vehicles and shuttle services. 12) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 13) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 14) Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 15) All industrial and commercial facilities shall post signs requiring that trucks shall not be left idling for prolonged periods(i.e., in excess of 10 minutes). 16) All industrial and commercial facilities shall designate preferential parking for vanpools. 17) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 18) All industrial and commercial site tenants with 50 or more employees shall be required to configure their operating schedules around the Metrolink schedule to the extent reasonably feasible. • P167 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 8 Biological Resources 1) For vegetation removal, soil disturbance, or any other construction related activity that occurs at any time year round, a preconstruction nesting survey shall be conducted prior to initiation of construction. If nests are discovered,they should be avoided through establishment of an appropriate buffer setback, as determined by a qualified wildlife biologist and consistent with CDFW protocols. The temporary "no construction" area would have to be maintained until the nest has completed its cycle, as determined by a qualified wildlife biologist. Once the nest cycle is complete and all nestlings have fledged and left the nest, then construction in the area could resume. 2) The tree that is removed shall be replaced with a new tree, on a one- to-one basis, of a minimum 15-gallon size. This tree is in addition to the trees that are required by the Development Code for new residential development. 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 approximately the archaeological heritage of the area. • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report,documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e. plant or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The P168 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 9 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 to the report to the San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PMio 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 PM,o 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- P169 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 10 stabilizing agent twice daily or replanting disturbed areas as quickly as possible. 2) The construction contractor 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. Long Term (Operational) GHG Emissions 7) 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. 8) 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. • 9) 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. P170 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 11 • • 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, dual flush toilets and waterless urinals/water heaters. • Design irrigation to control runoff and to remove water to non- vegetated surfaces. 10) Reuse and recycle construction and demolition waste. 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 1) Prior to issuance of grading permits, the permit applicant shall submit to Building Official for approval of 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 grading plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Fuscoe Engineering, Inc. in September 2014 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 P171 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 12 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. Construction Activities: 7) Prior to issuance of building permits, the applicant shall submit to the City Engineer for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste 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) Business operations shall maintain a noise level at 60dB or less during the hours of 10:00 p.m. until 7:00 a.m. No loading and unloading activities including opening,closing,or other handling of boxes,crates, containers, building materials, garbage cans, or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. in a manner which would cause a noise disturbance to residential areas. 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. 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 P172 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 13 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) Stationary construction noise sources such as generators or pumps must be located at least 100 feet from sensitive land uses, as feasible, or at maximum distance when necessary to complete work near sensitive land uses. This mitigation measure must be implemented throughout construction and may be periodically monitored by the Director of Community and Economic Development,or designee during routine inspections. 6) Construction staging areas must be located as far from noise sensitive land uses as feasible. This mitigation measure must be implemented throughout construction and may be periodically monitored by the Director of Community and Economic Development,or designee during routine inspections. 7) Throughout construction, the contractor shall ensure all construction equipment is equipped with included noise attenuating devices and are properly maintained. This mitigation measure shall be periodically monitored by the Director of Community and Economic Development, or designee during routine inspections. 8) Idling equipment must be turned off when not in use. This mitigation measure may be periodically monitored by the Director of Community and Economic Development, or designee during routine inspections. 9) Equipment must be maintained so that vehicles and their loads are secured from rattling and banging. This mitigation measure may be periodically monitored by the Director of Community and Economic Development, or designee during routine inspections. 10) 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 28TH DAY OF JANUARY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA P173 PLANNING COMMISSION RESOLUTION NO. 15-12 DEVELOPMENT REVIEW DRC2014-00566—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 14 BY: Ravenel Wimberly, Chairman ATTEST: \ Candyce Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 28th day of January 2015, by the following vote-to-wit AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE P174 Conditions of Approval •.... RANCHO LUCA MnNna Community Development Department Project #: DRC2014-00565 DRC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG/// N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 1. Approval is for the construction of one industrial building with a floor area of 116,480 square feet within the Industrial Park (IP) District, located at 10220 4th Street about 1,600 feet west of Haven Avenue; APN: 0210-0371-02. 2. Proposed land uses requiring a Conditional Use Permit as identified in Table 17.30.030-1 of the Development Code, shall require a separate review and approval by the Planning Director and/or . Planning Commission prior to submittal of documents for plan check, issuance of a Business License, and building occupancy. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 4. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department(RCFD) Standards. 5. 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, the Development Code regulations, the Specific Plan, Master Plan and the Community Plan 6. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a curb stop). 7. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of Building Permits. For residential development, private gated entrances shall provide adequate turn-around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. 8. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 9. At the southeast and southwest corners of the building and at the vertical elements along the wall plane on all elevations, incorporate a sandblasted concrete finish to differentiate these features from the adjacent wall panels. 10. The applicant shall comply with all Santa Ana Regional Water Quality Board and Federal EPA water requirements. Printed: 111512015 '//VfN.CIf)'0(RC-0S .) P175 Project #: DRC2014-00566 DRC 014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 11. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 12. Downspouts shall not be visible from the exterior on any elevations of the building. All downspouts shall be routed through the interior of the building walls. 13. The minimum landscape coverage for this project is 15 percent. The area along the perimeter of the project site, adjacent to the east property line, near the truck parking/dock area shall be landscaped with ground cover, shrubs, and trees as required in the Development Code. 14. 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. 15. 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. 16. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800) 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. 17. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 18. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 19. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. 20. Graffiti shall be removed within 72 hours. 21. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." Printed: 1/15/2015 www.CityofRC.us Page 2 of 13 • P176 Project #: 0RC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014- 026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 22. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 65 dB during the hours of 10 p.m. until 7 a.m. and 70 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 23. Bicycle storage spaces shall be provided et a rate equivalent to 5 percent of all required motorized vehicle parking, with a minimum of one rack with a capacity for two bicycles. 24. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of $729 prior to the issuance of Building Permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 25. All doors (roll-up, dock doors, emergency access) shall be painted to match the color of the adjacent wall or glass panel. 26. All wrought iron fences and sliding gates shall be painted black or a similarly dark color. 27. New walls, including retaining walls, shall be constructed of decorative masonry block such as slumpstone or stackstone or poured in-place concrete with design elements incorporated to match the building. 28. All ground-mounted equipment and utility boxes including transformers, back-flow devices, etc. shall be screened by a minimum of two rows of shrubs spaced a minimum of 18 inches on center. This equipment shall be painted dark green. 29. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DOC) and Fire Department Connections (FDC) are to be screened behind a 4-foot high block wall. These walls shall be constructed of decorative masonry block such as slumpstone or stackstone or poured in-place concrete with design elements incorporated to match the building. 30. The output surface (face) of all lamp heads on wall-mounted light fixtures and the light standards shall be parallel to the ground in order to eliminate glare and minimize lighting on adjacent properties. The maximum height of light standards, including the base, measured from the finished surface is 25 feet. Printed: 1/1512015 www.CiryorRC.us Page 3 o113 P177 Project #: 0RC2014-00568 DR62014-00567, DRC2014-00845, ENG2014 26 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 31. 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. 32. Copies of the signed Planning Commission Resolution of Approval No. • or Approval Letter, 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. 33. The applicant shall be required to pay Califomia Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,260.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 34. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 35. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. 38. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 37. A detailed landscape and irrigation plan, including slope planting and model home landscaping in P 9 the case of residential development, shall be reared by licensed p p y a ce sect landscape architect and submitted for Planning Director g review and approval prior to the issuance of Building Permits for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction e s chon Services. 38. 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. www.CiryofRC.us Printed: 1/15/2015 Page 4 of 13 P178 Project #: DRC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG/// N/S 4TH, W/O HAVEN Location: 10220 4TH ST- 021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department • 39. A minimum of 20 percent of trees planted within industrial projects, and a minimum of 30 percent within commercial and office projects, shall be specimen size trees-24-inch box or larger. 40. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 41. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 42. The employee lunch area shall have an overhead trellis with .cross members spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches. Each support column shall have a decorative base that incorporates the architectural design and finishes/trim used on the building. The trellis shall be painted to match the building, and tables, chairs/benches, and waste receptacles shall be provided. 43. Provide for the following design features in each trash enclosure, to the satisfaction of the Planning Director: a. Architecturally integrated into the design of(the shopping center/the project). b. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. f. Architecturally treated overhead shade trellis. g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. 44. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 45. 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. 46. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 47. 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. Protect 1/15/2015 www.CifyorRC,US Page 5 of 13 • P179 Project #: DRC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-60026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST- 021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 48. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 49. All trash enclosures shall be constructed per City standard. The design of the trash enclosures shall incorporate the materials, finish, color, and trim used on the buildings. 50. Decorative paving shall be provided at each vehicle entrances to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the 45-foot setback line and have a width equal to that of the driveway. 51. The landscaping shall be installed prior to release for occupancy.• 52. Approval of this application is contingent on the approval of Development Code Amendment DRC2014-00567. 53. All Conditions of Approval for Development Code Amendment DRC2014-00567 and Tree Removal Permit DRC2014-00845. B. Engineering Services Department 1. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. 2. Pavement reconstruction and overlays up to southerly curb of 4th Street median will be determined during plan check. 3. The development requires installation of fiber optics conduits, vaults and manholes on 4th Street per City Standard Plans 135-137. 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. 4. 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 percent 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 the Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. Printed. 1/15/2015 www.CityofRC.us Page 9 01 13 P180 ' Project #: DRC2014-00568 DRC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG I// N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: B. Engineering Services Department 5. 4th Street frontage improvements to be in accordance with City "Major Divided Arterial" standards as required and including: a. Protect or repair curb and gutter, as required. b. Provide curvilinear sidewalk and street trees, as required. c. Proposed driveway approaches shall conform to Std. Dwg. 101, Type C, including maximum radius of curb return. d. Provide one(1) 9500 Lumen HPSV-equivalent LED streetlight at east property line. e. Provide traffic signing and striping, as required. f. No median breaks on 4th Street. g. The existing driveway on the adjacent parcel will need to maintain the existing access condition. It cannot be converted to emergency vehicle access only as part of this project. 6. Site is located within Assessment District 82-1 and therefrom exempt from payment of drainage fees. 7. The existing overhead utilities (telecommunications and electrical except for 66 KV) on the project side of 4th Street shall be undergrounded from the first pole offsite west of the westerly property line to first pole offsite east of easterly property line prior to public improvement acceptance or occupancy, whichever occurs first. 8. Relocation of 66KV power poles by Southem California Edison Company if necessary shall be paid for and coordinated by the developer on 4th Street.. 9. 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. 10. 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 Building Permit issuance. • • Printed: 1/15/2015 www.CityofRC.us Page 7 of 11 • `J� P181 Project #: 0RC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-ud028 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: B. Engineering Services Department 1 1. Construct the following perimeter street improvements including, but not limited to: 4th Street Curb& Gutter A.C. Pvmt Curvilinear Sidewalk Drive Approach Street Lights Street Trees 12. 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. 4th Street Foreground Botanical Name-Platanus acerifolia"Columbus" Common Name-London Plane Tree Min. Grow Space- Spacing - 40' O.C. Size - 15 Gallon 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. 13. 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. 14. 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. 15. Process a relinquishment of vehicular access rights, dedicated on Parcel Map 5239, for the approved driveway locations on 4th Street. Printed: 1/15/2015 www.CityofRC.us Page B of 13 • P182 Project #: DRC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: B. Engineering Services Department 16. Street Name-4th Street Background Botanical Name- 30% Pinus canariensis Common Name- Canary Island Pine Min. Grow Space- 7' Spacing - 35' O.C. Size- 15 Gallon 17. Provide an easement along the easterly portion of the Turner Rancho parcel for the benefit of the parcel to the east to provide emergency vehicle access to the rear of that parcel. This is anticipated to provide secondary emergency access to the parcel to the east should the existing driveway be eliminated by future development. 18. The developer shall be responsible for the relocation of existing utilities as necessary. 19. 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. 20. 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. 21. 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. 22. Street Name-ACCENT Botanical Name- Lagerstroemia hybrid "Muskogee" Common Name- Lavender Crape Myrtle Hybrid Min. Grow Space- 2' Spacing - 20' O.C. Size- 24" Box 23. 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. Printed: 1/15/2015 ww.v.CityofRC.us Page 9 of 13 ^�) P183 Project #: 0RC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-D26 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: B. Engineering Services Department 24. 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. Access ramps for the disabled shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single-family residential lots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. E. Grading Section 1. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 2. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 3. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). 4. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. Printed: 1/15/2015 www.CityofRC.U9 Page 10 of 13 P184 Project #: DRC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-00026 • Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: E. Grading Section 5. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 6. A separate Grading and Drainage 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 and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 7. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. 8. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 9. Prior to the issuance of the Certificate of Occupancy the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) best management practices (BMP) devices. 10. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 11. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 12. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 13. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 14. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. Panted: 1/15/2015 www.CilyofRC.us Page 11 of 13 `)� P185 • Project #: DRC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-uU026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: E. Grading Section 15. A drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. 16. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 17. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 18. The land owner shall provide an inspection report on a biennial basis for the underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 19. All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 20. Prior to the issuance of a grading permit the applicant shall provide to Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review prior to recordation of the document. The Memorandum of Agreement for Storm Water Quality Management Plan shall be recorded prior to issuance of a grading permit. 21. The Preliminary Water Quality Management Plan (WQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 22. All roof drainage flowing to the public right of way (Fourth Street) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. 23. The final Grading and Drainage 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. 24. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 25. This project shall comply with the accessibility requirements of the current adopted California Building Code. Printed:1/15/2015 www.CityorRC.us Page 12 of 13 P186 Project #: DRC2014-00566 0RC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG/// N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: E. Grading Section 26. The Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 27. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 28. The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. 29. A Grading Bond will be required to be submitted to the Building and Safety Services Department Official for review and approval prior to issuance of a Grading Permit. 30. Enter a Custom Condition Here • 31. The Preliminary Water Quality Management Plan (PWQMP) is required to show how ALL impervious areas will treat the storm water, this includes the impervious area within the Public Right-of-Way, including new driveways and driveways with removal and replacement of impervious area.. As the City of Rancho Cucamonga will not allow any structural treatment storm water BMP (Best Management Practices) devices within the public right of way, which will require any maintenance costs to be paid for by the City, the City will allow the use of the maximum extent practicable (MEP) principle. On the WQMP you may show your hydrology drainage area boundaries to the extent of the proposed or remove/replacement pervious area to compute the storm water treatment design capture volume (DCV) to be treated on-site (i.e. the net lot area). Should you have any questions regarding this MEP principle please contact Matthew Addington, Associate Engineer, at extension 4202. Should you choose to use this MEP principle please describe your use of this principle in Form 1-1 of the final-project specific Water Quality Management Plan, when such a plan is submitted for review to obtain a grading permit. • Printed:1/15/2015 v '.CilyofRC.us Page 13 of 13 P187 RESOLUTION NO. 15-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TREE REMOVAL PERMIT DRC2014-00845, A REQUEST TO REMOVE TREES IN CONJUNCTION WITH THE CONSTRUCTION OF AN INDUSTRIAL BUILDING OF ABOUT 116,480 SQUARE FEET ON A PARCEL OF ABOUT 249,000 SQUARE FEET (5.72 ACRES) IN THE INDUSTRIAL PARK (IP) DISTRICT LOCATED AT 10220 4TH STREET ABOUT 1,600 FEET WEST OF HAVEN AVENUE;AND MAKING FINDINGS IN SUPPORT THEREOF— APN: 0210-0371-02. A. Recitals. 1. Turner Real Estate Investments filed an application for Tree Removal Permit DRC2014- 00845 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Removal Permit request is referred to as "the application." 2. On the 28th day of January 2015 the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing on January 28, 2015, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to a property located at 10220 4th Street about 1,600 feet west of Haven Avenue; and b. The property has an area of about 249,000 square feet (5.72 acres) and is about 415 feet (east-west) by about 601 feet (north-south); and c. The western two-thirds of the property was previously developed with two (2) buildings with a combined floor area of about 22,500 square feet, and associated surface improvements such as asphalt storage/parking areas and landscaping comprised of ground cover and numerous mature trees along 4th Street and along the perimeter; and d. The City's records are incomplete regarding these buildings but based on the information that is available, these buildings were most likely constructed in the late 1970's or early 1980's. Within the last few years there has been ongoing deconstruction/demolition activity on the Attachment C i � P188 PLANNING COMMISSION RESOLUTION NO. 15-13 TREE REMOVAL PERMIT DRC2014-00845—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 2 property and, therefore, only the smaller of the two buildings, the paving, and the landscaping remain. The eastern one-third of parcel is vacant and is dominated by short grasses. Development of the site for the subject project will result in the removal of all the identified improvements; and e. The project site is bound on the north by industrial office buildings. To the east is a property that is partially developed with a building of about 13,000 square feet. To the west is a vacant property while to the south, on the opposite side of 4th Street, is an apartment complex (Centre Club Apartments) in the City of Ontario; and f. The zoning of the property and all properties to the north, east, and west is Industrial Park (IP) District. The zoning of the property to the south, in the City of Ontario, is Urban Residential—Ontario Center Specific Plan; and g. This application is in conjunction with Development Review DRC2014-00566 and Development Code Amendment DRC2014-00567; and h. The proposed project includes the removal of five(5) trees that are located at the south side of the project site. The applicant submitted a Tree Survey, prepared by MIG/Hogle- Ireland on August 27, 2014, that included the description and health of the individual trees and their overall health and condition. The survey identified only one (1) of these trees as "heritage" tree which is subject to the City's tree preservation requirements as described in Section 17.80.050 of the Development Code; and i. It is necessary to remove the heritage tree in order to grade the site and construct the proposed building and associated improvements which will allow economic enjoyment of the property; and j. There are not many trees within the surrounding industrial properties. However,the applicant will be required to plant new trees as required by the Development Code for new industrial development. Based on a review of the landscape plan for the proposed building, 77 new trees will be planted on the property; and k. The trees cannot be preserved by pruning and proper maintenance or relocation rather than removal; and I. The trees do not constitute a significant natural resource of the City. 3. Based upon the substantial evidence presented to this Commission during the above-referenced meeting 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 objectives of the General Plan; and b. The proposed project is in accord with the objectives of the Municipal Code and the purposes of the district in which the site is located; and c. The proposed project is in compliance with each of the applicable provisions of the Development Code; and .') P189 PLANNING COMMISSION RESOLUTION NO. 15-13 TREE REMOVAL PERMIT DRC2014-00845—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 3 d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 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 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 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 and prior to the approving Tree Removal Permit DRC2014-00845, the Planning Commission hereby adopts the Mitigated Negative Declaration. c. The Planning Commission has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources Code Section 21081.6 and finds that such Program is designed to ensure compliance with the mitigation measures during project implementation. The Planning Commission therefore adopts the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based is the Planning Manager 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 attached hereto and incorporated by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY 2015. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ;.) P190 PLANNING COMMISSION RESOLUTION NO. 15-13 TREE REMOVAL PERMIT DRC2014-00845—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 4 BY: /?z i avenel Wimberly, Chairman ATTEST: Cie. Candyce Bur S cre ary~A I, Candyce Burnett, Secre ary of the Planning Commission for 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 28th day of January 2015, by the following vote-to-wit: AYES: COMMISSIONERS:FLETCHER,HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS:NONE ABSENT: COMMISSIONERS:WIMBERLY ABSTAIN: COMMISSIONERS:NONE P191 Conditions of Approval RANCHO L,RANCHO(t•.1 MONf1A Community Development Department Project #: DRC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG ///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 1. Approval is for the construction of one industrial building with a floor area of 116,480 square feet within the Industrial Park (IP) District, located at 10220 4th Street about 1,600 feet west of Haven Avenue; APN: 0210-0371-02. • 2. Proposed land uses requiring a Conditional Use Permit as identified in Table 17.30.030-1 of the Development Code, shall require a separate review and approval by the Planning Director and/or Planning Commission prior to submittal of documents for plan check, issuance of a Business License, and building occupancy. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community, Specific Plans and/or Master Plans in effect at the time of Building Permit issuance. 4. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination and in conformance with Building and Safety Services Department standards, the Municipal Code and the Rancho Cucamonga Fire Department(RCFD) Standards. 5. 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, the Development Code regulations, the Specific Plan, Master Plan and the Community Plan 6. All parking spaces shall be 9 feet wide by 17 feet long with a required 1-foot overhang (e.g., over a curb stop). 7. Plans for any security gates shall be submitted for the Planning Director, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of Building Permits. For residential development, private gated entrances shall provide adequate turn-around • space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. 8. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 9. At the southeast and southwest corners of the building and at the vertical elements along the wall plane on all elevations, incorporate a sandblasted concrete finish to differentiate these features from the adjacent wall panels. 10. The applicant shall comply with all Santa Ana Regional Water Quality Board and Federal EPA water requirements. www.CilyofRC.us 1/15/2015 ofRC.us P192 Project #: 0RC2014-00568 Dn 014-00567, DRC2014-00845, ENG2013026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal . Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 11. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to Planning Director review and approval prior to the issuance of Building Permits. 12. Downspouts shall not be visible from the exterior on any elevations of the building. All downspouts shall be routed through the interior of the building walls. 13. The minimum landscape coverage for this project is 15 percent. The area along the perimeter of the project site, adjacent to the east property line, near the truck parking/dock area shall be landscaped with ground cover, shrubs, and trees as required in the Development Code. 14. 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. 15. 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. 16. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Director and Police Department (909-477-2800) 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. 17. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. 18. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Services Department. 19. Landscaping and irrigation shall be designed to conserve water through the principles of water efficient landscaping per Development Code Chapter 17.82. 20. Graffiti shall be removed within 72 hours. 21. Signs shall be conveniently posted for"no overnight parking"and for"employee parking only." Printed: 1/15/2015 www.CifyofRC.us Page 2 of 13 C. P193 Project #: 0RC2014-00566 D 2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG/// N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit • ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 22. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an exterior noise level of 65 dB during the hours of 10 p.m. until 7 a.m. and 70 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 23. Bicycle storage spaces shall be provided at a rate equivalent to. 5 percent of all required motorized vehicle parking, with a minimum of one rack with a capacity for two bicycles. 24. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of $729 prior to the issuance of Building Permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 25. All doors (roll-up, dock doors, emergency access) shall be painted to match the color of the adjacent wall or glass panel. 26. All wrought iron fences and sliding gates shall be painted black or a similarly dark color. 27. New walls, including retaining walls, shall be constructed of decorative masonry block such as slumpstone or stackstone or poured in-place concrete with design elements incorporated to match the building. 28. All ground-mounted equipment and utility boxes including transformers, back-flow devices, etc. shall be screened by a minimum of two rows of shrubs spaced a minimum of 18 inches on center. This equipment shall be painted dark green. 29. All Double Detector Checks (DDC) and Fire Department Connections (FDC) required and/or proposed shall be installed at locations not within direct view or line-of-sight of the office corner of the building. The specific locations of each DDC and FDC shall require the review and approval of the Planning Department and Fire Construction Services/Fire Department. All Double Detector Checks (DDC) and Fire Department Connections (FDC) are to be screened behind a 4-foot high block wall. These walls shall be constructed of decorative masonry block such as slumpstone or stackstone or poured in-place concrete with design elements incorporated to match the building. 30. The output surface (face) of all lamp heads on wall-mounted light fixtures and the light standards shall be parallel to the ground in order to eliminate glare and minimize lighting on adjacent properties. The maximum height of light standards, including the base, measured from the finished surface is 25 feet. Printed. 1/15/2015 www.CilyofRC.U4 Page 3 of 13 • � P194 Project #: DRC2014-00566 Dt- L2014-00567, DRC2014-00845, ENG201400026 Project Name: 116K SF IND BLDG/// N/S 4TH, W/O HAVEN Location: 10220 4TH ST- 021037102-0000 - Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Departments 31. 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. 32. Copies of the signed Planning Commission Resolution of Approval No. ' or Approval Letter, 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. 33. The applicant shall be required to pay California Department of Fish and Wildlife Notice of Exemption and Mitigated Negative Declaration fee in the amount of $2,260.00. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to public hearing. 34. Any approval shall expire if Building Permits are not issued or approved use has not commenced within 5 years from the date of approval or a time extension has been granted. 35. For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. 36. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from all sides and the sound shall be buffered from adjacent properties and streets as required by the Planning Department. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Planning Director. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically more than 18 inches above the roof or roof parapet, shall be screened by an architecturally designed enclosure which exhibits a permanent nature with the building design and is detailed consistent with the building. Any roof-mounted mechanical equipment and/or ductwork, that projects vertically less than 18 inches above the roof or roof parapet shall be painted consistent with the color scheme of the building. Details shall be included in building plans. 37. 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 for the development or prior final map approval in the case of a custom lot subdivision. For development occurring in the Very High Fire Hazard Severity Zone, the landscape plans will also be reviewed by Fire Construction Services. 38. 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. Printed.1/15/2015 www.Cityo(RC.us Page 4 of 13 • P195 Project #: DRC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG/// N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit • ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 39. A minimum of 20 percent of trees planted within industrial projects, and a minimum of 30 percent within commercial and office projects, shall be specimen size trees- 24-inch box or larger. 40. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 41. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to Planning Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Services Department. 42. The employee lunch area shall have an overhead trellis with cross members spaced no more than 18 inches on center with minimum dimensions of 4 inches by 12 inches. Each support column shall have a decorative base that incorporates the architectural design and finishes/trim used on the building. The trellis shall be painted to match the building, and tables, chairs/benches, and waste receptacles shall be provided. 43. Provide for the following design features in each trash enclosure, to the satisfaction of the Planning Director: a. Architecturally integrated into the design of(the shopping center/the project). b. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. d. Roll-up doors. e. Trash bins with counter-weighted lids. f. Architecturally treated overhead shade trellis. g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. • 44. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Services Department to show compliance. The buildings shall be inspected for compliance and final acceptance granted prior to occupancy. 45. 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. 46. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director. 47. 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. Printed: 7/15/2015 www.CityofRC.us Page 5 of 13 P196 Project #: DRC2014-00566 LRd2014-00567, DRC2014-00845, ENG2014)0026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST- 021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. Planning Department 48. The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. 49. All trash enclosures shall be constructed per City standard. The design of the trash enclosures shall incorporate the materials, finish, color, and trim used on the buildings. 50. Decorative paving shall be provided at each vehicle entrances to the site, behind the public right-of-way. These decoratively paved areas shall extend from the front property line to the 45-foot setback line and have a width equal to that of the driveway. 51. The landscaping shall be installed prior to release for occupancy. 52. Approval of this application is contingent on the approval of Development Code Amendment DRC2014-00567. 53. All Conditions of Approval for Development Code Amendment DRC2014-00567 and Tree Removal Permit DRC2014-00845. • B. Engineering Services Department 1. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the City. 2. Pavement reconstruction and overlays up to southerly curb of 4th Street median will be determined during plan check. 3. The development requires installation of fiber optics conduits, vaults and manholes on 4th Street per City Standard Plans 135-137. 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. 4. 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 percent 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 the Building and Safety Services Department. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. Printed. 1/15/2015 ewvw.CityofRC.us Page 6 of 13 • P197 Project #: DRC2014-00566 0RC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG///N/S 4TH, w/O HAVEN Location: 10220 4TH ST- 021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: B. Engineering Services Department 5. 4th Street frontage improvements to be in accordance with City "Major Divided Arterial" standards as required and including: a. Protect or repair curb and gutter, as required. b. Provide curvilinear sidewalk and street trees, as required. c. Proposed driveway approaches shall conform to Std. Dwg. 101, Type C, including maximum radius of curb return. d. Provide one (1) 9500 Lumen HPSV-equivalent LED streetlight at east property line. e. Provide traffic signing and striping, as required. 1. No median breaks on 4th Street. g. The existing driveway on the adjacent parcel will need to maintain the existing access condition. It cannot be converted to emergency vehicle access only as part of this project. 6. Site is located within Assessment District 82-1 and therefrom exempt from payment of drainage fees. 7. The existing overhead utilities(telecommunications and electrical except for 66 KV)on the project side of 4th Street shall be undergrounded from the first pole offsite west of the westerly property line to first pole offsite east of easterly property line prior to public improvement acceptance or occupancy, whichever occurs first. 8. Relocation of 66KV power poles by Southern California Edison Company if necessary shall be paid for and coordinated by the developer on 4th Street.. 9. 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. 10. 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 Building Permit issuance. • Printed. 1/15/2015 www.CityofRC.us Page 7 o117 � P198 6)-2014-00567,Project tt: 0RC2014-00566 D2014-00567, DRC2014-00845, ENG2014=u0026 Project Name: 116K SF IND BLDG/// N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: B. Engineering Services Department 11. Construct the following perimeter street improvements including, but not limited to: 4th Street Curb & Gutter A.C. Pvmt Curvilinear Sidewalk • Drive Approach Street Lights Street Trees 12. 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. 4th Street Foreground Botanical Name- Platanus acerifolia "Columbus" Common Name-London Plane Tree Min. Grow Space- 7' Spacing - 40'O.C. Size 15 Gallon 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 fumished 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. 13. 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. 14. 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. 15. Process a relinquishment of vehicular access rights, dedicated on Parcel Map 5239, for the approved driveway locations on 4th Street. Printed: 1/15/2015 www.Cityo(RC.us Page 8 of 13 ll� P199 Project #: 0RC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG//I N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: B. Engineering Services Department 16. Street Name-4th Street Background Botanical Name- 30% Pinus canariensis Common Name- Canary Island Pine Min. Grow Space- 7' Spacing - 35'O.C. Size- 15 Gallon 17. Provide an easement along the easterly portion of the Turner Rancho parcel for the benefit of the parcel to the east to provide emergency vehicle access to the rear of that parcel. This is anticipated to provide secondary emergency access to the parcel to the east should the existing driveway be eliminated by future development. 18. The developer shall be responsible for the relocation of existing utilities as necessary. 19. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga Valley Water District (CVVVD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVVVD 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. 20. 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. 21. 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. 22. Street Name-ACCENT Botanical Name- Lagerstroemia hybrid"Muskogee" Common Name- Lavender Crape Myrtle Hybrid Min. Grow Space - 2' Spacing - 20'O.C. Size- 24" Box 23. 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. Printed: 1/15/2015 www.CifyafRC.us Page 9 of 13 P200 Project #: DRC2014-00566 L :02014-00567, DRC2014-00845, ENG2014 0026 Project Name: 116K SF IND BLDG///N/S 4TH, WIG HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: B. Engineering Services Department 24. 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 Attomey 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 robe or as specified. e. Access ramps for the disabled shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed residential stalled to City Standards, except for single-family ty estdentiallots. h. Street names shall be approved by the Planning Manager prior to submittal for first plan check. E. Grading Section • 1. A geologic report shall be prepared by a qualified Engineer or Engineering Geologist and submitted at the time of application for Grading and Drainage Plan review. 2. Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 3. Prior to issuance of a Grading Permit the applicant shall obtain a Waste Discharge Identification Number (WDID). 4. Grading of the subject property shall be in accordance with current adopted California Building Code, City Grading Standards, and accepted grading practices. The Grading and Drainage Plan(s) shall be in substantial conformance with the approved conceptual Grading and Drainage Plan. Printed.1/15/2015 www.CityofRC.us Page 10 of 13 1J P201 Project #: DRC2014-00566 DRC2014-00567, DRC201400845, ENG2014-00026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: E. Grading Section 5. A soils report shall be prepared by a qualified Engineer licensed by the State of California to perform such work. Two copies will be provided at grading and drainage plan submittal for review. Plans shall implement design recommendations per said report. 6. A separate Grading and Drainage 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 and Drainage Plan shall be prepared, stamped, and wet signed by a California licensed Civil Engineer. 7. The applicant shall comply with the City of Rancho Cucamonga Dust Control Measures and place a dust control sign on the project site prior to the issuance of a grading permit. 8. If a Rough Grading and Drainage Plan/Permit are submitted to the Building and Safety Official for review, that plan shall be a separate plan/permit from Precise Grading and Drainage Plan/Permit. 9. Prior to the issuance of the Certificate of Occupancy the engineer of record shall certify the functionality of the storm water quality management plan (WQMP) best management practices (BMP) devices. 10. The maximum parking stall gradient is 5 percent. Accessibility parking stall grades shall be constructed per the, current adopted California Building Code. 11. The applicant shall provide a grading agreement and grading bond for all cut and fill combined exceeding 5,000 cubic yards prior to issuance of a grading permit. The grading agreement and bond shall be approved by the Building and Safety Official. 12. The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout"Information for Grading Plans and Permit". 13. Grading Inspections: a) Prior to the start of grading operations the owner and grading contractor shall request a pre-grading meeting. The meeting shall be attended by the project owner/representative, the grading contractor and the Building Inspector to discuss about grading requirements and preventive measures, etc. If a pre-grading meeting is not held within 24 hours from the start of grading operations, the grading permit may be subject to suspension by the Building Inspector; b) The grading contractor shall call into the City of Rancho Cucamonga Building and Safety Department at least 1 working day in advance to request the following grading inspections prior to continuing grading operations: i) The bottom of the over-excavation; ii) Completion of Rough Grading, prior to issuance of the building permit; iii) At the completion of Rough Grading, the grading contractor or owner shall submit to the Permit Technicians (Building and Safety Front Counter) an original and a copy of the Pad Certifications to be prepared by and properly wet signed and sealed by the Civil Engineer and Soils Engineer of Record; iv) The rough grading certificates and the compaction reports will be reviewed by the Associate Engineer or a designated person and approved prior to the issuance of a building permit. 14. Prior to the issuance of a Grading Permit the City of Rancho Cucamonga's "Memorandum of Agreement of Storm Water Quality Management Plan" shall be submitted for review and approval by the Building Official and recorded with the County Recorder's Office. Printed:1/15/2015 www.CityafRC.us Page 11 of 13 � Project #: 0RC2014-00566 Drc 2014-00567, DRC2014-00845, ENG2014-1,0026 P202 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST- 021037102-0000 Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: E. Grading Section 15. A. drainage study showing a 100-year, AMC 3 design storm event for on-site drainage shall be prepared and submitted to the Building and Safety Official for review and approval for on-site storm water drainage prior to issuance of a grading permit. All reports shall be wet signed and sealed by the Engineer of Record. 16. The Grading and Drainage Plan shall implement City Standards for on-site construction where possible, and provide details for all work not covered by City Standard Drawings. 17. The land owner shall provide an inspection report by a qualified person/company on a biennial basis for the underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis all best management practices (BMP"s) as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 18. The land owner shall provide an inspection report on a biennial basis for the underground infiltration chambers to the City of Rancho Cucamonga Environmental Program Manager. The land owner shall maintain on a regular basis as described in the Storm Water Quality Management Plan prepared for the subject project. All costs associated with the underground infiltration chamber are the responsibility of the land owner. 19. All slopes shall be a minimum 2-foot offset from the public right of way, or adjacent private property. 20. Prior to the issuance of a grading permit the applicant shall provide to Building and Safety Services Director a copy of the City of Rancho Cucamonga's Memorandum of Agreement for Storm Water Quality Management Plan for review prior to recordation of the document. The Memorandum of Agreement for Storm Water Quality Management Plan shall be recorded prior to issuance of a grading permit. 21. The Preliminary Water Quality Management Plan (WQMP) has been deemed "Acceptable". Prior to the issuance of a grading permit a final project-specific Water Quality Management Plan shall be submitted for review and approval by the Building Official. 22. All roof drainage flowing to the public right of way (Fourth Street) must drain under the sidewalk through a parkway culvert approved by the Engineering Department. 23. The final Grading and Drainage 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. 24. Roof storm water is not permitted to flow over the public parkway and shall be directed to an under parkway culvert per City of Rancho Cucamonga requirements prior to issuance of a grading permit. 25. This project shall comply with the accessibility requirements of the current adopted California Building Code. Printed'1/15/2015 wMAV.CIryofRC.Us Page 12 c: 13 P203 Project #: 0RC2014-00566 DRC2014-00567, DRC2014-00845, ENG2014-00026 Project Name: 116K SF IND BLDG///N/S 4TH, W/O HAVEN Location: 10220 4TH ST- 021037102-0000 — Project Type: Design Review Development Code Amendment, Engineering Plan Check, Tree Removal Permit ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: E. Grading Section 26. The Final Grading and Drainage Plan shall show the accessibility path from the public right of way and the accessibility parking stalls to the building doors in conformance with the current adopted California Building Code. All accessibility ramps shall show sufficient detail including gradients, elevations, and dimensions and comply with the current adopted California Building Code. 27. The final grading and drainage plan shall show existing topography a minimum of 100-feet beyond project boundary. 28. The Water Quality Management Plan (WQMP) shall include a copy of the project Conditions of Approval. • 29. A Grading Bond will be required to be submitted to the Building and Safety Services Department Official for review and approval prior to issuance of a Grading Permit. 30. Enter a Custom Condition Here 31. The Preliminary Water Quality Management Plan (PWQMP) is required. to show how ALL impervious areas will treat the storm water, this includes the impervious area within the Public Right-of-Way, including new driveways and driveways with removal and replacement of impervious area. As the City of Rancho Cucamonga will not allow any structural treatment storm water BMP (Best Management Practices) devices within the public right of way, which will require any maintenance costs to be paid for by the City, the City will allow the use of the maximum extent practicable (MEP) principle. On the WQMP you may show your hydrology drainage area boundaries to the extent of the proposed or remove/replacement pervious area to compute the storm water treatment design capture volume (DCV) to be treated on-site (i.e. the net lot area). Should you have any questions regarding this MEP principle please contact Matthew Addington, Associate Engineer, at extension 4202. Should you choose to use this MEP principle please describe your use of this principle in Form 1-1 of the final-project specific Water Quality Management Plan, when such a plan is submitted for review to obtain a grading permit. Pnnrea, 1/15/2015 vnnw.CiryofRC.us Page 13 of 13 P204 P205 RESOLUTION NO. 15-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2014-00567, A REQUEST TO AMEND THE DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF BUILDINGS IN EXCESS OF 50,000 SQUARE FEET ON SELECT PARCELS LOCATED WITHIN THE INDUSTRIAL PARK (IP) DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1, Turner Real Estate Investments filed an application for the approval of Development Code Amendment DRC2014-00567 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment request is referred to as "the application." 2. On the 28th day of January 2015, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing January 28, 2015, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the Industrial Park (IP) Districts. The Industrial Park (IP) Districts are generally located between Foothill Boulevard, Rochester Avenue/Interstate 15, Hermosa Avenue, and 4th Street; and b. Logistics buildings in excess of 50,000 square feet and logistics activities within a building in excess of 50,000 square feet are classified as "Wholesale, Storage, and Distribution — Medium"; and c. The Development Code currently does not permit "Wholesale, Storage, and Distribution — Medium" in the Industrial Park (IP) Districts. Although the Code permits "Wholesale, Storage, and Distribution — Light" in the Industrial Park (IP) District; such activity is limited to buildings of less than 50,000 square feet in floor area; and d. In order to maximize the development opportunity of the project site, the applicant has submitted a Development Code Amendment to allow "Wholesale, Storage, and Distribution — Medium". If approved, it would permit the construction and operation of logistics buildings with a floor area greater than 50,000 square feet in the Industrial Park (IP) District; Attachment D : ) P206 PLANNING COMMISSION RESOLUTION NO. 15-11 DEVELOPMENT CODE AMENDMENT DRC2014-00567—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 2 e. The section of the Code that will be amended is Table 17.30.030-1 and will read as shown in Exhibit 0 of the Staff Report and in the attached exhibit; and f. The amendment will not change any of the technical standards (floor area ratio, building setbacks, parking requirements, landscape coverage, etc.), design standards (architecture, site design, etc.), allowable land uses (except logistics), and/or performance standards (noise, odors, hazardous materials, etc.) that currently apply within the Industrial Park (IP) District; and g. The performance standards that apply to the Industrial Park (IP) District are the most restrictive of the performance standards that apply to the industrial district and h. The proposed amendment will apply to all parcels within the Industrial Park (IP) District except the parcels within the Haven Avenue Overlay District and parcels within, or partly within, 500 feet of the Foothill Boulevard right-of-way; and i. This request is in response to a proposed industrial building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres) in the Industrial Park (IP) District located at 10220 4th Street about 1,600 feet west of Haven Avenue -APN: 0210-0371-02; and j. Development Code Amendment DRC2014-00567 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. 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 Development Code 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 b. The proposed Development Code 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 Development Code 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 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. ' : ) : ) P207 PLANNING COMMISSION RESOLUTION NO. 15-11 DEVELOPMENT CODE AMENDMENT DRC2014-00567—TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 3 . 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 recommends the City Council adopt 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 recommends the City Council adopt the Mitigation Monitoring Program for the project. d. The custodian of records for the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program and all other materials which constitute the record of proceedings upon which the Planning Commission's recommendation 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, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment DRC2014-00626 as shown in Attachment A and the attached Standard Conditions and incorporated herein. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 28TH DAY OF JANUARY 2015. • PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: n,n - avenel Wimberly, Chairman ATTEST: a .r i� ,�,' Candy€ urnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 28th day of January 2015, by the following vote-to-wit: • P208 PLANNING COMMISSION RESOLUTION NO. 15-11 DEVELOPMENT CODE AMENDMENT DRC2014-00567 —TURNER REAL ESTATE INVESTMENTS January 28, 2015 Page 4 AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE • i P209 Article III, Chapter 17.30 Rancho Cucamonga Development Code Land Use/Zoning = 7 a t) U U v 0 y = 0 = rOi District > -' _1 •12 -1. 20z O v u) v 4 2 Recycling Facility, Processing N N N N N N N N N N N N N N N C C C N N N N Recycling Facility, Scrap and N N N N N N N N N N N N N N N N N C N N N N Dismantling Facility — Research and Development N N N N N N N N N N N N N N P P N N N N N N Storage, Personal N N N N N N N N N N N N N N N C C C N N N N Storage Facility Storage Warehouse N N N N N N N N N C N N N N N C C C N N N N Storage Yard N N N N N N N N N N N N N N N C P P N N N N Wholesale, Storage, and Distribution — N N N N N N N N N N N N N N N C P P N N N N Heavy Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N P P P P N N N N Light Wholesale, Storage, and Distribution — N N N N N N N N N N N N N N N- P P P N N N N Medium x(12) Table Notes: "'L.-Delete "(9)" and add "(12)" (1) See additional regulations for second dwelling units in Chapter 17.100. Change to "P" (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (8) See additional regulations for adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (11) Family Day Care Home-Large requires approval of a Large Family Day Care Permit,not a Conditional Use Permit. > Add Table Note #12 here (see below) Section 17.30.040 Other Allowed Use Provisions in addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), additional allowed use provisions are described in the following articles and chapters of this Title. A. Specific Use Requirements.Article V(Specific Use Requirements)identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in Article V are intended to supplement the allowed use 1( 12) "'Warehouse, Storage, and Distribution - Medium" is not permitted on any parcel that is 'located within, or partly within. 500 feet of the Foothill Boulevard right-of-way. 17.30-10 ATTACHMENT A ) P210 Conditions of Approval • S.• „RANCHO UCA.MOW:A Community Development Department Project #: DRC2014-00567 CEQA2014-00025 Project Name: 116K SF IND BLDG /I/ N/S 4TH, W/O HAVEN Location: 10220 4TH ST-021037102-0000 Project Type: Development Code Amendment CEQA Review ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT: A. 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 any such action but such participation shall not relieve applicant of his obligations under this condition. • • Printed. 1/15/2015 www.CilyolRC.u3 r ) ,..-) P211 iii :r 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.: Development Code Amendment DRC2014-00567 and Development Review DRC2014-00566 Public Review Period Closes: January 28, 2015 Project Name: Project Applicant: Turner Real Estate Investments Jason Korengold Project Location (also see attached map): Located within the Industrial Park (IP) District at 10220 4th Street about 1,600 feet west of Haven Avenue-APN: 0210-371-02. Project Description: A review of a proposal to amend the Development Code to allow buildings with floor areas in excess of 50,000 square feet to be constructed and operated for the purpose of logistics(warehouse/storage/distribution)on parcels that are within the Industrial Park (IP) District, and review of a proposal to construct an industrial logistics building of about 116,480 square feet on a parcel of about 249,000 square feet(5.72 acres) within the Industrial Park (IP) District. Related file: DRC2014-00845. 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 M' ' ated Negative Declaration during the review period. January 28, 2015 / �__. Date of Determination Adop d By P212 Article Ill, Chapter 17.30 Rancho Cucamonga Development Code Land Use/Zoning x x z a u U u u 1 f _ x rn x t� District > 2 O z o o u, a c! t t7 x O x 1 i Recycling Facility, N N N N N N N N N N N N N • C C N N N N Processing i Recycling Facility, i Scrap and N N N N N N N N N N N N N i N C N N N N Dismantling Facility / • Research and i N N N N N N N N N N N N N Ni " N N N N N N Development Storage, Personal ! 1 Storage Facility N N N N N N N N N N N N N 1 C C N N N N r Storage Warehouse N N N N N N N N N C N N N ' C C N N N N Storage Yard N N N N N N N N N N N N N 4 i, P P N N N N 1 Wholesale, Storage, 1 Y and Distribution N N N N N N N N N N N N N— I N ' P P N N N N - 4. _ Wholesale, Storage, t r • and Distribution— N N N N N N N N N N N N N �I- P P N N N N Light I • Wholesale, Storage, and Distribution— N N N N N N N N N N N N N I P P N N N N Medium (9) I a e • e: (1) See additional regulations for second dwelling units in Chapter 17.100. (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (11) Family Day Care Home-Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit. Section 17.30.040 Other Allowed Use Provisions In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), additional allowed use provisions are described in the following articles and chapters of this Title. A. Specific Use Requirements. Article V(Specific Use Requirements)identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in Article V are intended to supplement the allowed use • 17.30-10 Attachment E P213 Rancho Cucamonga Development Code Article III, Chapter 17.32 reusable scrap and waste materials. This use does not include landfills or other terminal waste disposal sites. Also see Auto Vehicle Dismantling for related use for automobiles. Collection of recycling materials as the sole activity is included in the definition of Recycling Facility— Collection. 12. Research and Development. Indoor facilities for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical, and mechanical components in advance of product manufacturing, that is not associated with a manufacturing facility on the same site. Includes, but is not limited to, chemical and biotechnology research and development. Does not include computer software companies(see Office, Business and Professional), soils and other materials testing laboratories(see Business Support Services), or medical laboratories (see Medical Services, General). 13. Storage, Personal Storage Facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. 14. Storage Warehouse. Facility for the storage of furniture, household goods, or other commercial goods of any nature. Includes cold storage. Does not include warehouse, storage, or mini-storage facilities offered for rent or lease to the general public (see Storage, Personal Storage Facility) or warehouse facilities in which the primary purpose of storage is for wholesaling and distribution (see Wholesale, Storage and Distribution (Heavy, Medium and Light)). • 15. Storage Yard.The storage of various materials outside of a structure other than fencing, either as an accessory or principal use. 16. Wholesale, Storage, and Distribution — Heavy. Activities typically include, but are not limited to, warehousing, storage, freight handling, shipping, trucking services and terminals, and storage and wholesaling from the premises of unfinished, raw, or semi-refined products requiring further processing, fabrication, or manufacturing. Typical uses include, but are not limited to, trucking firms, and the wholesaling of metals, minerals, and agricultural products. Outdoor storage is permitted. 17. Wholesale, Storage, and Distribution—Light.Activities typically include, but are not limited to,wholesaling, storage,and warehousing services and storage and wholesale to retailers from the premises of finished goods and food products. Activities under this classification shall be conducted in enclosed buildings and occupy 50,000 square feet or less of building space. Retail sales from the premises may occur when approved by a Conditional•Use Permit. 18. Wholesale, Storage, and Distribution—Medium. Activities typically include, but are not limited to, wholesale, storage, and warehousing services; moving and storage services; storage and wholesaling to retailers from the premises of finished goods and food products; and distribution facilities for large-scale retail firms. Activities under this classification shall be conducted in enclosed buildings and occupy greater than 50,000 square feet of building space. Included are multi-tenant or speculative buildings with over 50,000 square feet of warehouse space. Attachment F 173221 P214 Rancho Cucamonga Development Code Article Ill, Chapter 17.38 TABLE 17.38.040-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR HAVEN AVENUE OVERLAY ZONING DISTRICT Land Use/Zoning District j HA, .- Recreation, Resource Preservation,Open Space, Education,and Public Assembly Uses: Assembly Use C Community Center/Civic Use P Indoor Fitness and Sports Facility- Large C Indoor Fitness and Sports Facility- Small C Park and Public Plaza C Public Safety Facility C School, Academic(Private) C School, Academic(Public) C School, College/University(Private) C School, College/University(Public) C Schools, Specialized Education and Training/Studio C Utility,Transportation;PFacty,and Communication Uss«- - Broadcasting and Recording Studios P Park and Ride Facility P Parking Facility C Transit Facility C Utility Facility and Infrastructure—Pipelines X11 P Retail,Service,.and Office Uses Alcoholic Beverage Sales C Banks and Financial Services P Business Support Services P Call Centers C Child Day Care Facility/Center C Convenience Store C Furniture, Furnishing, and Appliance Store C Hotel and Motel P Massage Establishment P Medical Services, General P Office, Business and Professional P Office, Accessory P Restaurant, No Liquor Service P 17.38-5 Attachment G P215 • Article III, Chapter 17.38 Rancho Cucamonga Development Code Land Use/Zoning District • • HA Restaurant, Beer and Wine P Restaurant, Full Liquor Service C • Automobile and Vehicle Uses • . .. Car Washing and Detailing l2l't3'(4) - C Service Stations(2),(3) C Table Notes: (I) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (2) Service stations and car washing and detailing establishments are prohibited within Y mile of the Foothill Boulevard/Haven Avenue and the 4th Street/Haven Avenue intersections.No service station or car washing and detailing establishment shall be closer than%mile of another service station or car washing and detailing establishment as measured from the nearest property line. (3) Service stations shall be designed to reflect the architectural standards and guidelines within the Haven Avenue Overlay District. No corporate'prototype"architecture design will be permitted. Service stations are only permitted when designed as part of,and designed consistent with,profession office complexes. (4) Full service attended car washing and detailing establishments are permitted to operate a quick tube oil changes facility. Quick lube facilities that are part of an attended car wash shall be fully screened from the Haven Avenue right-of-way. D. Special Development Regulations. Special development regulations for the Haven Avenue Overlay Zoning District are intended to result in a progressive, sophisticated, and urban style of development. Special site planning and landscaping requirements are included in Section 17.122.050 (Haven Avenue) to enhance the pedestrian environment and create a campus-like atmosphere. Section 17.38.050 Industrial Commercial Overlay Zoning District A. Purpose. The purpose of the Industrial Commercial Overlay District is to establish unique allowed use provisions and project compatibility requirements for areas of the city where both industrial park and retail development are compatible. B. Applicability. The Industrial Commercial Overlay Zoning District applies to property designated on the Zoning Map by reference letters "IC" after the reference letter(s) identifying the base zoning district. C. Allowed Use. Allowed uses for the Industrial Commercial Overlay Zoning District are listed below in Table 17.38.050-1 (Allowed Land Uses and Permit Requirements for Industrial Commercial Overlay Zoning District). Generally, a use is either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In the table below, a land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this Title (e.g., development standards) as well state and federal law. Additionally, a land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a Conditional Use Permit from the designated approving authority, subject to compliance with all applicable provisions of this Zoning Code(e.g., development standards)as well as state and federal law. Uses not listed in the table are not permitted. In the event of a conflict between the allowed uses for this district and the allowed uses of the underlying base zoning district, the allowed uses for this district shall apply. 17.38-6 1 1 \\\ 1 P216 . �I any Ja;sayoo IF :111ti lill 1111Pir 1 ++ ill II 1 Ill 3 V s L 1 4.0 ' E I !II!W and uai r i►` co Igo Iti 4qr ______ 0. 4. \A. ■ Ai. s 2dilli_ IIIII L �� any uaneH _ w I 1 ( R7 w NM 1�1 IR any esowJaH .o d o 'al w o t o .. o OS u_ a I any Pieq!y3.11 ■ Cu.) ,�A L RS .T. li `��' a a ,1 m u a = fp N_ CO_/7.- N O = C • N V) N t0 7 y L C 3 Q c Attachment H any�a�e8 C a S U il - ni I \ I P217 \ss\\ � and�a;say�oa � �..41, 0 mi AI az.,.. 0 1 ........: II 1 =■�; IIMI(1) 111111191 am: ralli Lim and ua)!!!!W CD II L Art:0 v m d d7 FL> - w 0 IIP rtr I'll ma o - ,,....,m_. Er! lugs M "' ■� WJ'11+1-. 1� CO A and uaneH O ! 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L., ,...., \ ,_ CEJ 1=7 ID d any uax!11!W� L. m° d■ cw m 40) E n v 11,.. a) ill .c C CD Q �� any uaneH > l ( CO I a) _ any esowJaH .c � d 4a > > m CO 0 •_ C r 0 CO — L Q I,OM any ple4!43J1 +1+ 0 — C 0 U /�• • — W�� -•�--•. CO T N ° Co — 0 0)�'�•�.•�•• iiU NC N N_ _ w O N I ° T d y mi lO N I m = N C — t ^ C N C 3 c CO ill Q foAvJaee _ U v Attachment K v a > i raT Ei 1 P220 Article Ili, Chapter 17.30 Rancho Cucamonga Development Code Land Use/Zoning _ , a v c, v v O a = a v District > _ 2 O z c7 V t o r e v — O — = O 2 u- Recycling Facility, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap and N N N N N N N N N N N N N N N N N C N N N N Dismantling Facility Research and N N N N N N N N N N N N N N P P N N N N N N Development Storage, Personal N N N N N N N N N N N N N N N C C C N N N N Storage Facility Storage Warehouse N N N N N N N N N C N N N N N C C C N N N N Storage Yard N N N N N N N N N N N N N N N C P P N N N N Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N N C P P N N N N Heavy Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N P P P P N N N N Light Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N N P P P N N N N Medium ;=;(12) Table Notes: Delete '(9)' and add "(12)" (1) See additional regulations for second dwelling units in Chapter 17.100. Change to "P". (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (11) Family Day Care Home—Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit. > Add Table Note 12 here (see below) Section 17.30.040 Other Allowed Use Provisions In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), additional allowed use provisions are described in the following articles and chapters of this Title. A. Specific Use Requirements.Article V(Specific Use Requirements) identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in Article V are intended to supplement the allowed use (12) "Warehouse. Storage, and Distr.oution . Medium" is not permitted on any parcel that is located within or partly within, 500 feet of the Foothill Boulevard right-of-way. 17.30-10 Attachment L P221 ORDINANCE NO. 873 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00567, A REQUEST TO AMEND THE DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF BUILDINGS IN EXCESS OF 50,000 SQUARE FEET WITHIN THE INDUSTRIAL PARK (IP) DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On January 28, 2015, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 15-11, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 2. On March 4, 2015, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Code Amendment and concluded the hearing on that date. 3. All legal prerequisites prior to the adoption of this Ordinance 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 substantial evidence presented to the City Council during the above-referenced public hearing on March 4, 2015, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Development Code currently does not permit "Wholesale, Storage, and Distribution — Medium", and the corresponding buildings for such uses, in the Industrial Park (IP) District; and b. The Industrial Park (IP) District is generally located between Foothill Boulevard, Rochester Avenue/Interstate 15, Hermosa Avenue, and 4th Street; and c. In the Industrial Park (IP) District, the Development Code does permit "Wholesale, Storage, and Distribution — Light". However, the corresponding buildings for such uses are limited to less than 50,000 square feet in floor area; and d. Aside from the floor area 'limit', there is no significant difference between the "Light" and "Medium" classes of Wholesale, Storage, and Distribution as shown in Section 17.32.020 —Allowed Use Descriptions—of the Development Code; and e. In order to maximize development opportunities within the Industrial Park (IP) District, a Development Code Amendment is proposed to allow "Wholesale, Storage, and Distribution — Medium" which, if approved, would permit the construction and operation of logistics buildings with floor areas in excess of 50,000 square feet; and P222 CITY COUNCIL ORDINANCE NO. 873 DEVELOPMENT CODE AMENDMENT DRC2014-00567 TURNER REAL ESTATE INVESTMENTS MARCH 4, 2015 • • Page 2 f. The amendment will not change any of the technical standards (floor area ratio, building setbacks, parking requirements, landscape coverage, etc.), design standards (architecture, site design, etc.), allowable land uses (except for allowing "Wholesale, Storage, and Distribution — Medium"), and/or performance standards (noise, odors, hazardous materials, etc.) that currently apply within the Industrial Park (IP) District; and g. The proposed amendment will apply to all parcels within the Industrial Park (IP) District, except parcels within the Haven Avenue Overlay District that are governed by Section 17.38.040, and except parcels within or partly within 500 feet of Foothill Boulevard; and h. This request is in response to a proposed industrial development that was • proposed by Turner Real Estate Investments that contemplates construction of a logistics building of about 116,480 square feet on a parcel of about 249,000 square feet (5.72 acres) located at 10220 4th Street about 1,600 feet west of Haven Avenue - APN: 0210-371-02; and i. In the absence of the proposed amendment to allow "Wholesale, Storage, and Distribution — Medium", and the corresponding buildings for such uses, in the Industrial Park (IP) District, Turner Real Estate Investments would not be able to develop the property as proposed; and j. Development Code Amendment DRC2014-00567 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. 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, this Council hereby finds and concludes as follows: a. The proposed Development Code 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 b. The proposed Development Code 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 Development Code Amendment is in conformance with the General Plan. SECTION 4: Table 17.30.030-1 entitled "Allowed Land Uses and Permit Requirements by Base Zoning District" is hereby deleted and replaced by Table 17.30.030-1 amended in words and figures as shown in Attachment A of this Ordinance. SECTION 5: 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 P223 CITY COUNCIL ORDINANCE NO. 873 DEVELOPMENT CODE AMENDMENT DRC2014-00567 TURNER REAL ESTATE INVESTMENTS MARCH 4, 2015 Page 3 Declaration and Monitoring Program as shown in the staff report, 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 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 6: Based upon the findings and conclusions set forth in Sections 1, 2, 3, 4, and 5 above, the City Council adopts Development Code Amendment DRC2014-00567 as identified in this Ordinance and as shown as Attachment A. SECTION 7: 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 portions 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 sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. P224 CITY COUNCIL ORDINANCE NO. 873 DEVELOPMENT CODE AMENDMENT DRC2014-00567 TURNER REAL ESTATE INVESTMENTS MARCH 4, 2015 Page 4 SECTION 8: 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, and circulated in the City of Rancho Cucamonga, California. P225 Article III, Chapter 17.30 Rancho Cucamonga Development Code Land Use/Zoning _ a v V v v O a = N ce O District > '� 2 _ 2 O z C9 v rn cc v v O N = O s u- m Recycling Facility, N N N N N N N N N N N N N N N C C C N N N N Processing Recycling Facility, Scrap and N N N N N N N N N N N N N N N N N C N N N N Dismantling Facility Research and N N N N N N N N N N N N N N P P N N N N N N Development Storage, Personal N N N N N N N N N N N N N N N C C C N N N N Storage Facility Storage Warehouse N N N N N N N N N C N N N N N C C C N N N N Storage Yard N N N N N N N N N N N N N N N C P P N N N N Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N N C P P N N N N Heavy Wholesale, Storage, and Distribution— N N N N N N N N N N N N N N P P P P N N N N Light Wholesale, Storage, and Distribution— NN N N N N N N N N N N N N `I P P P N N N N Medium`e(12)r� _ , Table Notes: Delete "(9)" and add "(12)" (1) See additional regulations for second dwelling units in Chapter 17.100. Change to "P„ (2) See additional regulations for home occupations in Chapter 17.92. (3) See additional regulations for mobile homes in Chapter 17.96. (4) See Additional regulations for animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. (6) See additional regulations for adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in Chapter 17.102. (8) See additional regulations for drive-in and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in Chapter 17.76. (11) Family Day Care Home—Large requires approval of a Large Family Day Care Permit, not a Conditional Use Permit. Ado able Note gig here see treiov. Section 17.30.040 Other Allowed Use Provisions In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District), additional allowed use provisions are described in the following articles and chapters of this Title. A. Specific Use Requirements. Article V(Specific Use Requirements) identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences. Use regulations in Article V are intended to supplement the allowed use (12) "Warehouse, Storage. and Distribution - Medium" is not permitted on any parcel that is located within or partly within 5.00 feet of the Foothill Boulevard right-of-way. 17.30-10 Attachment A .. • • �[ �y`\ c_ DJ cn 0 w 0 , i cod. c co m < o z a lir XI O N 0 0 = 0 3 chi) '{ 0 -J N CD O O - n _ X -o - - Q It n (D D C, 3 5' / CD ce, 0 a Q m n n 4 _� CX k n accono3 � O n o o m c < _. N C J j r I" � 2 O A 000 0o = w ''' DJ v' r a CD= =_ o m C11 CA c0 0 0 r, 0 o 0 c c o t 3 cn 0 al n o 5. � o' o = 0 00 = D allIIIMINIMIEF • 3* f cz , \ 1 p (n _ a 0- 0 =. � CD m 000 C 0 =. -0 m o m (ii (0 3 -o CD . 10 -a o N -- 2 0 _& O �D i -' Q < 2 9 O - = v• D n N r O X s = c �4 1 a O ND C -I_I; (D N O 8 C K Q O CD W = CD W —_is C a 11 c• ca r O (-13 pa W D- CD _ -• O .-+ W O it C7 — W cn o CD Vi• O CD M �. 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(D m N a O 0 5 r ca O N (( ED N a' N m = M O N "" _' O) n hycL(D 0 Q)= -a c0 0_ (D -" 0 O 0- (0 0 2 (o o 0 = 0 3c° (D c3 ) NCD 0 .•.- o• r.,. cn N• Q c a 0 . N PI" N • - O ? O O co N N w O O ( N c� ; 0_ N• O m o CDD (D -_w a `< N O rr n) N 5 O ,c.. • (D D -1:3 (0 q " 0 —I = O (0 W 3 3 • -o "0.n 5 < C n C CL (OD— 7 0. ON N O CD 7 O O = — (/� - sv N I I 5: m p w n) K `G 0- N 0_ r • O 3 ' (0 (1 ` O N • O co a' (D -h c 0. O D = f s 1 c O M Q c O 0 c 0 - m N ( tp Q. o • n -i C F O 0 Q m • 3 N a sv su N v _- O 3 0_(0 c O' O D ) 5� N o N N (0 _0 — O O c N • c — = 3 z- D 0 o m- 0. ? to o (D m > c I c a = o (D sz 5 r*. c N S emir N moo cn <' 2) cOm 3mc = svc a : 1 p �+ (� = N CD 5. = O N N _ O CO 0_ m m (D+ O N -(N N N 7 Q < (D c 17(0 O. N •y) i 0_ .. O (D '''' O 0 o 0 (j' a) r•F o (0 . sv i O ° a ° 3 - � ms c° = cmn = "' -, p. 3u, -a (i o0- mLo20 — m � i„ `c sDm = iM- O• c 00 = Q� m • Pi• � � 0 Qn� 0. o (Dom a 0 CL. = 1 -0 3 -• 0 c• Q r0•r o sv _ " �• (D co N C..4 m � � m �'•c0m 30CLa) c c. mcnvs " 0 -' m 3 (D 0 N -y, O 0 C 0 N _ r-r iv C a) r-r c Q. 5. N ? 0_ -O-" 0. (D 0. N 0_ fD sU 0 (0 O�(� c = 1 1 1 a Vi . . o I ad -4, 0 -A.,- cn > * 5 z z 5 tat/ o = o3 c O n a) m A) = 5 � si) o CO s � t- cn. 0 Q = = CD r+ O — CD Q p _ c 0 cxi Q m- cn '0 ° a) v3 't co CD D O f z o W O ° N IV o O CD = m ' CD O O a. a 0 a. CDO O N _ < O m O CD CD 0 _ _. O O ari D O _o co —a an 3 1 2 ' 2 "%I O .. . < CD fD cn c * Q CAD O 3 m — 0 z O — cn r+ CD C m- CD CD CD COi sue° almn ncir nits*- pc.. .6,404 0 g T- 0 = eir #i ° CZ C O CD let 0 O N CAD CD D cn 3 � o - O co 0 3 = O� a- � _. = C Sts. co x =flfl O f--r C ) = ---F = sv 0 c; 0 = Q Iv o Qom. cD Q XJ m -� w a a w C7 S % C. 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Rochester Ave 74- ,-,-, \\\ I I OE -— li i ---. � _ � � 0 Baker Ave d m d . a cn flU 5 1 C > a'," I 7 - ilu v o - ( w T a .,•' V (D Ns Archibald Ave 1 I ` co D e eils cn cn f a Hermosa Ave D I:„ m ...=1. is ■ c I ::1 Illan1 ■pp Haven Ave 1/I1111m1.1.111millimil� n` IIIII ti.0..!HMI ammo ii■iiriii- 3......11.1.1."1".."--=11.a'''' .. WI r\TAIN plin la iiiicionwiF1 cp.) la f.4' I O :as--1r n O tit crt f_ Ara 0 = . , to 1.1 A = CA to ca "341 C 11 MI CD Milliken Ave _ .1.� 71 IIIPItIMUIN WI tit ICJ li Lin 11 -a O g aim 411/ :! 3 "!'ti• O � r Rochester Ave �; '� rjJ o N `'ya ,,,. \ co o 0 n Baker Ave m � m t0 ( --t.___... 5N ,w m m } .7 V/ C m D o Q C Z !D a (, m m m v � K O a O N W ; m I m O v �r m ��r�,A ra M rella Archibald Ave C M D o Q * s CD 0 CO 3. <- C fp a -• Hermosa Ave - ir N o CL )„, _I ■ win Haven Ave . 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(n = CD (A ter.. 5 z g Z —I 5 - 5 frL$T' o = m op _ r CT 3 ocn -0° cQ � (D ii CD m m CD — cn E' id 5 0 ..< sp _. H Co < Cl) O CD CD --`< < 0 W CD Q cn CO N • n O Q C N. Cl)CD CD _O CD V < CD . . Q 0 ; CD C) — 0 CT CD -0 CD co C n W k< w C al ,I 0 (�� I � . = < CAD Jf( ED CD Sv CD r+ = O * Sv CO M r+ 0 r 5- (D �' O 0 Olt Tok (2. 13 Co n cd = wi--. Ca 5 a DT as se , z 2 00 tel 5' O n Z O — a) aom Cl)YI • •. 00co z 0 oth ja • Cp W ' -I+ C . 0 O a O 0 0 O 5.73 3 m O z 2 1 t It P226 STAFF REPORT tip ADrIINISTRATIVE SERVICES GROUP Ls_ Date: March 4, 2015 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services Bill Wittkopf, Public Works Services Director Ingrid Bruce, Special Districts Manager Erika Lewis-Huntley, Management Analyst III Subject: CONSIDERATION OF FORMATION OF WEST-SIDE COMMUNITY FACILITIES DISTRICT (CFD) TO FUND PARKS, LANDSCAPING, TRAILS, AND STREET LIGHTS IN THE CITY'S WEST-SIDE NEIGHBORHOODS Background At the February 18, 2015 City Council Study Session, staff reviewed results from the West-side Parks and Street Lighting Districts public engagement project and recommended that the City Council consider the formation of a West-side Community Facilities District (CFD). For more information and details regarding the CFD concept, please see the February 18 staff report (Exhibit A). The CFD, if approved, would completely dissolve the existing West-side districts and establish one large district. The existing LMD assessments would be eliminated and a special tax would be levied annually against the private residential and non-residential properties that are located within the boundaries of the CFD to fund neighborhood parks, street lights, and landscaping in that area. During the study session, the City Council engaged in considerable discussion regarding the West-side CFD option. Council Member Alexander indicated he would prepare a list of his concerns to share with his colleagues before the next City Council meeting. That list is attached to this staff report as Exhibit B. Overview of West-side CFD Key details regarding the proposed West-side CFD include the following: • A CFD requires 2/3 voter approval. • It would replace the existing PD 85, LMD 1, LMD 3a, LMD 3b, LMD 5, SLD 2, and SLD 6 districts; these districts would be dissolved and their assessments eliminated. • The new rate would be $89 per year per residential unit. Commercial/industrial rates vary by parcel size. o 50% discount for low-income seniors o Rate increases to $178 when the home is sold for the first time to a new property owner o Over 1/3 of the residential property owners would actually see a decrease in their rate, while the majority of the remaining 2/3 would see an average increase of $58 per year, or less than $5 per month. • Similar to other recently-approved Landscape Maintenance Districts, rates go up each year based on actual costs or 3%, whichever is less. This allows the rate to keep pace with utilities, primarily water. P227 March 4, 2015 • Page 2 • The existing Citizens' Oversight Committee's purview would be expanded to review audits and provide public reports regarding the new CFD, to provide fiscal oversight and accountability. • Passage of a CFD would allow parks, trails, and green spaces to be properly maintained, including graffiti removal, restroom cleaning, trash pick-up, lighting repairs, etc., in addition to keeping street lights operational. Capital improvements could be made in the future in parks, trails, and street lighting. Process and Tentative Schedule of CFD Formation The process for establishing a CFD requires specific actions by the City Council and subject property owners. Included below is a summary of the key steps and tentative schedule to be undertaken for the formation of the CFD: DATE ACTION March 4, 2015 Approve initiation of CFD April 1, 2015 Adopt Resolution of Intention to establish CFD and authorize levy of special taxes (sets hearing date) April 16, 2015 Record Boundary Map May 5-13, 2015 Mail and Publish Notice of Hearing May 20, 2015 Conduct Public Hearing Adopt Resolution of Formation establishing CFD Adopt Resolution calling Special Election for November 3, 2015 Adopt Resolution requesting County consolidate Special Election August 7, 2015 Submit Resolution to County November 3, 2015 Election conducted by County November 18, 2015 Adopt Resolution declaring results of Special Election Public Information and CFD Formation Costs With the proposed timeline, it is recommended that the City engage in a very focused and extensive community engagement effort similar to the efforts previously undertaken. We anticipate working with the general public as well as many stakeholder groups that would be impacted, including sports groups, equestrian groups, the business community, and others that have vested interests in the West-side parks, lighting, and other amenities. In the end, this will allow property owners to make a fully informed decision regarding the West-side CFD option. City staff would once again work with the Lew Edwards Group, an advisory firm that would assist with outreach during this process; approval of an agreement with the firm is recommended as part of the Council's action at this meeting. A tracking survey would also be conducted of property owner views regarding the proposed CFD. In addition, costs would be incurred for the various outreach methods employed; i.e:, informational mailers and the MindMixer community engagement platform. The total cost for all of the new public information efforts and survey is estimated at $137,500 through November 2015. In addition, the actual formation of the CFD requires several professional services and other City costs to be incurred. These costs would include legal services, engineering services, notice mailing, P228 March 4, 2015 Page 3 and incidental County recording fees, and other related costs. . The cost of placing a measure on the ballot with the County Registrar of Voters varies depending on the total number of measures, and will not be determined by ROV until sometime in April. However, based on previous election costs, staff estimates the cost at$100,000. Including that estimate, the total cost for CFD formation, is estimated at $168,300. Staff's recommendation includes funding these costs in the FY 2014/15 General Fund budget except for the election costs which will be appropriated in FY 2015/16 once the figure is confirmed by the County. If the measure is successful, the General Fund would be reimbursed for the election costs by the new CFD. Recommendation: It is recommended that City Council direct staff to initiate the formation of a West-side CFD including the following actions: 1) Appropriate $205,800 for the CFD formation (not including election costs) and public engagement project from General Fund Reserves for Change in Economic Circumstances into Account No. 1001001-5300. 2) Approve the professional services agreement with the Lew Edwards Group for the West-side CFD public engagement project(documentation on file in Purchasing). Attachments: 1) EXHIBIT A—Staff Report from February 18, 2015 Study Session 2) EXHIBIT B - Council Member Alexander's Concerns Regarding West-Side CFD EXHIBIT A P229 STAFF REPORT tilts AD\IINISTRATIVE SERVICES GROUP Date: February 18, 2015 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services Bill Wittkopf, Public Works Services Director Ingrid Bruce, Special Districts Manager Erika Lewis-Huntley, Management Analyst III Subject: REVIEW OF RESULTS FROM THE WEST-SIDE PARKS AND STREET LIGHTING DISTRICTS PUBLIC ENGAGEMENT PROJECT, AND CONSIDERATION REGARDING NEXT STEPS Background In September 2013, the City Council held two study sessions to discuss various options regarding the serious structural deficits in several of the City's West-Side parks, landscaping, and street lighting districts. The Council engaged in considerable discussion regarding the fiscal challenges in these districts, the diversity among the amenities provided in various areas, the need to involve the community in discussing the options, and the importance of an intense communication effort regarding the issues before any decisions were made. The Council will recall that the proposed plan would replace the existing West-side parks and street lighting districts, which have not had rate increases in more than 20 years, with eight (8) new neighborhood-based districts so that each property pays a single, updated rate for the services provided to that property that is equivalent to the costs to provide that service. Implementation of the replacement districts would require approval by a majority of the property owners voting in a Prop 218 mail ballot process. From September—December 2013, staff conducted a very focused and extensive community engagement effort, during which the City initiated a dialogue with property owners about their priorities for local parks, lighting and landscaping, and shared information as widely as possible regarding the services provided and fiscal realities, the proposed new structure of 8 community districts, and the possible community impacts if a new structure was not approved. The goal of this process was to allow property owners to make a fully informed decision regarding the options available. In January 2014, a statistically valid survey was conducted by EMC Research of property owner views regarding the implementation of maintenance reductions as compared to the establishment of the eight new districts and associated new assessment rates. At the regularly scheduled City Council meeting on February 5, 2014, the City Council was presented with the survey results and property owner perspectives regarding the West-Side Parks and Street Lighting District process. At that time, the research showed that property owners valued well maintained, clean and attractive parks, trails, and landscaping, however most were not aware that these parks and lights are maintained by special property assessments. A majority of West-side property owners did not support the proposed West-side district structure and its related assessment rates. Update on Budget-Balancing Measures & Community Engagement Efforts Given the lack of majority community support for the replacement districts plan at that time, staff was directed_to implement a set of budget-balancing measures in LMD 1 and PD 85 that were adequate in the near term to bring revenues and expenditures nearly into alignment, while continuing to backfill P230 February 18, 2015 Page 2 SLD 2 with Gas Tax funds. These measures were in addition to the reductions that had already been in place for the last several years. Further changes included reducing park maintenance to less than a "C" service level, reducing mowing and overall maintenance, naturalizing green space, deferring replacement of equipment, reducing staff and contracting for more services, partnering with sports and equestrian groups to maintain sports fields and the equestrian facility at Heritage Park, and temporarily draining and fencing the Red Hill lake feature while developing more efficient maintenance options. Other measures implemented include the establishment of new fees for the use of City sports fields by out-of-town sports organizations, as well as adoption of a new Park Maintenance Fee for the use of picnic shelters, sports fields, and special event areas. A comprehensive summary of the budget-balancing measures to date can be found in Attachment #1. While these maintenance changes took place, staff has continued the outreach effort to provide information and gather feedback regarding the West-side districts issues and options. In addition to the previous outreach methods (i.e., informational letters, fliers, postcards, newsletter articles, presentations at community meetings, a dedicated page on the City website, online surveys, social media, electronic billboards, RCTV-3 bulletins, videos, and informational booths at community events), staff also employed new strategies to continue the dialogue with residents. An interactive community engagement website, www.RCCommunityldeas.com, was launched to provide a virtual Town Hall environment where residents can learn more and provide feedback. The City created a special edition of the Rancho Reporter newsletter focused on the assessment districts, as well as an electronic newsletter to provide monthly updates on the status of the districts. Park signage with direct messaging encouraging the community to join the conversation on the West-side Districts was also used. A comprehensive summary of the communication efforts employed during this community engagement project can be found in Attachment #2. This most recent engagement effort spanning the last year, culminated in a telephone survey conducted by EMC Research in December 2014. The survey was conducted in four of the eight proposed new districts to see if attitudes towards the proposed West-side districts structure had changed following the nearly yearlong community engagement process and the implementation of the budget-balancing measures. The survey results indicate that even after extensive outreach and moderate service cuts, awareness and support for the assessment has remained virtually unchanged. Results show that trust in the City remains very high and the vast majority of residents continue to feel that the parks, trails, and facilities are well maintained. Awareness of the current assessment remains low and anti-tax sentiment persists; more than half of residents agree they are likely to oppose a new tax measure no matter what it is for. . Moving Forward: Consider West-side Community Facilities District (CFD) Implementation of the budget-balancing measures has balanced revenues and expenditures in PD 85 and LMD 1, at least in the short term. That state of balance, however, is a fragile one, as reserves remain depleted, and capital repairs in the parks cannot be deferred indefinitely; as water, electricity, and contract labor costs rise, the budget will once again be out of balance. Gas Tax funds continue to make up the deficit in SLD 2, which diminishes the City's ability to repair and repave our City streets as they age. The structural budget deficits that result from increasing costs and flat revenue must ultimately be addressed, either with significant reductions in maintenance expenditures, or with property owner approval of adjusted assessment rates. In summary, while we are in budget balance today, the medium and long-term problem remains unsolved. Property owners have provided the City with insight into their perspectives regarding the West-side eight districts concept. It is clear that Prop 218 elections are not viable in any of the proposed districts, so staff would not recommend pursuing those elections. However, as we have been discussing over the last several years, several of these large districts are now at a financial tipping point. P231 February 18, 2015 Page 3 Given the immediate need to address these issues and the community's opinions regarding the 8 district plan, staff recommends proceeding with an alternative option. The Council may recall that the CFD option is one that was considered early in the process of looking at the West-side districts:One advantage is that its legal structure permits a single large district, which is no longer a feasible option under assessment district law. The CFD, if approved, would completely dissolve the existing West- side districts and establish one large district. The formula would include a tiered residential rate so when a property is sold for the first time it would increase to a higher rate, as well as'provide for an annual inflator. The distinct disadvantage with a CFD is that it requires two-thirds approval by voters. In the West-side CFD scenario, assuming services were to be restored to a "B" level, the residential rate would be approximately $89 per year per residential unit, with a 50% discounted rate for low income seniors. Commercial and industrial rates vary. With the implementation of the West-side CFD, over 1/3 of the residential property owners would actually see a decrease in their rate, while the majority of the remaining 2/3 would see an average increase of $58 per year. EMC Research conducted a separate survey in January 2015 of likely voters in the west-side of Rancho Cucamonga to test the viability of this West-side CFD as an alternative. Staff from EMC Research will present an overview of the survey results to the City Council at its February 18th meeting. In summary, the research shows that only a simple majority of west-side voters support the CFD initially, which is below the two-thirds needed to pass. Although support for the tax is low, support for the projects is very high. As with the property owners, information about safety, accountability, and clean, enjoyable parks are the most important among west-side voters. The research showed that hearing additional information, specifically the benefits of the program, has a big impact on west- side voter support, boosting it nearly 15 points. Although peak support obtained for the CFD in the survey still lags six points under the two-thirds required for approval, this is without any community outreach on this specific option. Therefore, in order for a CFD measure to be successful, there will need to be a very well-planned public information campaign effort. Alternative Options Considered and Not Recommended Given the results of the extensive community outreach, the results of the opinion surveys, and the immediate need to address the fiscal challenges in the West-side districts, at this time, a CFD is the best of the available options. Staff also considered other alternatives to the West-side CFD, however, the other options discussed below are less viable and not recommended. • Consider a Citywide CFD. A preliminary look at one large citywide CFD indicates it would be very difficult because the city's population distribution is skewed to the west and would require extensive engineering efforts to determine costs and rates. This option would require extensive planning, research, and analysis regarding the issues. • Make reductions in other General Fund programs, and use General Fund dollars to backfill existing districts. This option is not recommended, for several key reasons. First, cutting General Fund programs to help West-side districts would cause services citywide to decline, while the resulting savings would only benefit West-side property owners. Secondly, property owners in most of the planned communities (LMD's 2, 4, and 6) have recently voted to increase their assessments in order to preserve maintenance levels. In LMD 8, when residents did not approve an assessment rate increase, maintenance was cut and in some cases totally discontinued. Consistency and fairness across the community would advise that this pattern continue, with each district being required to live within its means. P232 February 18, 2015 Page 4 • Use General Fund reserves to backfill existing districts. When facing difficult budget decisions, stakeholders often point to reserves as a possible source of immediate relief. The use of reserves is certainly appropriate for capital expenditures, or in extenuating economic circumstances, such as the City's temporary use of reserves to moderate the impact of the recent recession. The budget deficits in the West-side districts are not one-time challenges; they are structural in nature and can only be expected to worsen, not get better. The use of one-time funds (reserves) for ongoing expenditures is not in keeping with Rancho Cucamonga's history of prudent fiscal practices and would have long-term negative financial consequences. It would negatively affect the City's credit rating, negatively impact the replacement and repair of citywide facilities and equipment, and negatively impact the ability to fund future infrastructure projects. It would also raise the same issues of consistency and fairness between property owners in these areas and the other assessment districts. Staff would strongly recommend against the use'of reserves to backfill the existing districts. Recommendation Given the immediate need to address the fiscal challenges of the West-side districts and the community's opinions expressed through the extensive community engagement efforts and polling surveys, staff recommends a West-Side Community Facilities District as the most viable option for a long-term revenue source. Staff recommends that the City Council consider a West-side Community Facilities District and provide direction to staff at the next regularly scheduled City Council Meeting on March 4, 2015. The process for establishing the CFD requires specific actions by the City Council and subject property owners. The City Council acting as the legislative body for the proposed CFD will need to adopt a resolution formally starting the process for formation of the CFD: At the March 4th meeting, staff will provide a legal schedule and the costs of placing a CFD measure on the ballot. Attachments: 1) Summary of Budget-Balancing Measures 2) Summary of Community Engagement Efforts ATTACHMENT 1: P233 Proposed Budget-Balancing Measures in LMD 1 and PD 85 Phase I —January 2014 LMD 1 To continue addressing some of the current and future shortfalls in LMD1, the Public Works Services Department has developed a cost savings and service area reduction plan for Bear Gulch Park, East & West Beryl Parks, Church Park, Golden Oak Park, Hermosa Park, Old Town Park and the landscape areas within LMD1. • All sports field maintenance will be performed by the sports group scheduled for that site during their playing season. City staff will provide oversight and maintenance of the irrigation systems and facilities. City staff will also perform turf and field renovation during the 8-10 weeks of scheduled closure period. • Removal of sports field mowing and annual fertilization and aerification from the current maintenance • contract. • Change to year round bi-weekly mowing for all general use park areas. • Reduction of Operations and Maintenance accounts. • Eliminate one full-time Maintenance Worker position. • Fully contract out the maintenance of Golden Oak Park, Hermosa Park and Old Town Park. These parks could be maintained through contract services. • Cost savings in landscape areas due to service reductions and/or abandonment of locations. • Eliminate all part-time positions. • Do not replace broken equipment. PD 85 All sports field maintenance will be performed by the sports group scheduled for that site during their playing season. City staff will provide oversight and maintenance of the irrigation systems and facilities. City staff will also perform turf and field renovation during the 8- 10 weeks of scheduled closure period. • Removal of sports field mowing and annual fertilization and aerification from the current maintenance contract. • Change to year round bi-weekly mowing for all general use park areas. • Reduction of Operations and Maintenance accounts. • Turn over the equestrian center at Heritage Park to an outside management company or group. • Perform water audit and turn off the water to the large mulch areas. • Redesign Lake Feature. • Do not backfill two recently vacated positions. • Operate all lighting at these facilities during assigned park hours only. The site goes dark when the park is closed (not implemented due to safety concerns). • Eliminate all part-time positions. • Do not replace broken equipment. • Additional Budget-Balancing Measures in LMD 1 and PD 85 P234 Phase II —January 2015 LMD1 Contract Landscape Areas: • All common areas sites will only receive the most basic level of service. This is a level of service less than "C". • Stopped irrigation repairs.We will turn water off to the area that is broken and log the site for future repair. • Stopped all projects within this district. • Reduced water consumption by 35%only applying enough water to keep landscape material alive. • Removed turf to reduce water and maintenance costs. • Only completing emergency and safety repairs as necessary. Parks: • • Maintaining a bi-weekly mowing schedule. • There will be no significant field or turf renovation work. • Basic park maintenance handled by contract at minimum level (approximately"C" level). • Reduced water consumption by 35%. • Stop all facility and playground repairs except for emergency and safety related items. PD85: • Reducing our water usage by 50%by turning off the water to most areas in the park.Only watering the Sports Turf areas, around the playgrounds and entries. • Tree planted areas at Red Hill and Heritage are being deep watered lx/month. • Redwood grove at Red Hill is being watered regular, alternating with potable water from the building due to plant decline from excessive salts in the water. • Stop all facility and playground repairs except for emergency and safety related items. • General park maintenance services are being provided at a minimum level (approximately "C" level). P235 • ATTACHMENT 2: Summary of West-Side Districts Community Engagement Efforts • The City mailed out two informational mailers in December 2013. The first mailer provided property owners with a survey to discuss issues concerning their neighborhood parks and lighting districts. Each mailing totaled over 26,000 mailers. • • The City set up an online survey mimicking the mailer survey using Survey Monkey. Between the two surveys the City received over 1,400 responses. • The City had articles featured in the 909 Magazine, school newsletters, and the Alta Loma Riding Club newsletter. • The City mailed out an Informational letter and Frequently Asked Questions article to community leaders. • Over the last five months, two different Parks and Lighting informational messages have been posted to the Electronic Billboards on Archibald and Foothill and the 15 freeway. • A dedicated City website (www.citvofrc.us/districts) was created to provide property owners to get the latest information concerning the Proposed Districts and have access to the online survey. Additionally, a GIS web application was developed that allowed property owners to determine their current and proposed assessments. • A total of 35 presentations have been done since October 2013 at City boards and commissions, Council, school boards, real estate group, sports groups, Superintendents' meetings and individual homeowners. • The City asked school district and sports groups to share the City's Proposed Parks and Lighting District information with their participants. • City staffed manned an informational booth for four consecutive Saturday's in November at Red Hill Park. • Staff has continually dispersed informational signage and flyers at libraries, community centers and City Hall. • Staff sent three informational emails using Constant Contact software on the current status of the districts. The first was sent on February 13, 2014 to 598 contacts, the second email was sent on April 8, 2014 to 1,022 contacts, and the third was sent on May 8, 2014 to 1641 contacts. The contacts were developed from the responses to the City survey, Constant Contact signups and through the City's webpage. • City staff utilizes social media sites Facebook and Twitter to update property owners on the most current information and status of the Proposed Districts. • City staff has developed a new interactive Community Engagement website www.RCCommunitvldeas.com utilizing MindMixer. The purpose of this site is to engage the community and increase awareness of current issues pertaining to the Special Assessment Districts on the West-side. This includes neighborhood parks, street lighting, and the Lake at Red Hill Park. P236 • Staff has developed eight different postcards to hand out at city events and city facilities bringing increased awareness to the current issues relating to the Special Assessment Districts on the West-Side. Additionally, staff has developed posters based on the postcards and provided the posters to local little leagues to post at the games. • City staff emailed the RC Connection E-newsletter in April and May 2014 to over 15,000 contacts highlighting the issues related to the Special Assessment Districts on the West- side. • Staff developed a special informational Rancho Cucamonga Reporter insert for the Summer 2014 Edition of the Grapevine. This eight page special edition focused on "Your Neighborhood Districts" and how the City is sharing information on Landscape Maintenance and Lighting Districts, how the City funds our parks and street lights, re- imagining a more sustainable and energy-efficient Red Hill Lake, partnerships with sports groups, and more. P237 EXHIBIT B Council Member Alexander's Concerns Regarding West-Side CFD 1. Should come as an initiative from the residents 2. More outreach to the community. Let residents have a genuine say and be more inclusive 3. Are water savings quantified and reflected in the budgets 4. Are we going to work with all the sports groups to address their concerns 5. People don't like the signs in the park (wording is insulting) and the mulch areas 6. We need to talk about property value stability from the parks and landscaping 7. It seems like we have forgotten the Central Park promise 8. Let park updates and improvements be driven by the public, not staff 9. Public perception of the need, or lack of need, for a tax increase is driven by the high cost of city salaries 10.Look at getting rid of the LMD 5 Tot lot and selling off the property; no one uses it 11.Don't make the cutbacks at the parks sound punitive t4.'•'f 'k.9. V 1 • -1z) co 0- rim II 1 fm101 tel rn r1 �. art P'F' OL r- X ara rip • to rim zs -v p = O n rt 'v Pt- _ * • • • : —h c U 9) -0 W O = i- t-D. O C-"h n Q -5 CD 0 . (1)CD 0 O) DU) �- '' O O LO CODk< CD t c o0 p � — -h (f)Y Q 0= N ( O ,. 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O 0 0 -, CO Q) O et O D HI O Cn 0 U) Q < 0 r+ Q)• 0n .O 00 cD O O g O �' 0) 01 D - CD cn CD O D = D ( n< • u'0. CD r+ CAD �0. n �' C7 U) O CD 0 D" Tl 0) 0 3 _, CD t 00� 3 o o o CD (7,-. ,�-� m cD r+ D rna r+ . 1 i 0 CO D- CM �- 0 n n ._ . . -03c5: cD 0 c CD m ,-F-5. Q O 0) c l' ,_) .. c) * . r • y 1:11 . .... :. c cr .... —• c) , C, . 0 . a . _ 3 <ps ' , CD •. t r-i- . i . t •• xy,F't .. _ k ray r • • • • 7 0 �' ? , `c (D O CD CD O(!) O =• CD E O a -5 O O O 0 CD a a. ] 0 0 U' CD (n C P o = trim f (n 3 CD m- E CD , CD CD CD o 0 0 D = N r+ CD Q Q) N Q., 00 t _ (o O N r-l- 2 w• O D CO (' 3 , •` + U) � � o r o c -5 CD ?. U) --- 1 r-+ CD r+ 1 (-D CC) mi.--• - m"F 0 CD 0 CD <. - E 0 E+ CD CD 0 mit D 0 o rim n w. E * C) O 0- U) 3 •••• rn 0 N SU 111 A ° 0 Cl CD cC CD 11,4 r+ cn to o � z o 3 P238 STAFF REPORT k CITY MANAGER'S OFFICE LJ " • Date: March 4, 2015 • RANCHO CUCAMONGA To: Mayor and Members of the City Council President and Members of the Board John R. Gillison, City Manager From: Fabian Villenas, Principal Management Analyst Subject: CONSIDERATION OF APPROVAL OF SPECIFICATIONS AND AUTHORIZATION OF THE ADVERTISING OF "NOTICE INVITING PROPOSALS" FOR THE PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS AT VARIOUS CITY FACILITIES RECOMMENDATION • It is recommended that the City Council and Fire District adopt Resolution approving the specifications for the procurement of solar photovoltaic systems at various city facilities and authorize the advertising of "Notice Inviting Proposals." BACKGROUND/ANALYSIS • • The scope of work includes the installation of solar photovoltaic systems at the following five City and Fire District facilities: Central Park, Epicenter, Metrolink Station, Day Creek Fire Station, and Banyan Fire Station. The City is a member agency of the San Bernardino Associated Governments (SANBAG) which serves as the region's Council of Governments (COG). In September 2012, SANBAG began evaluating the feasibility of conducting a countywide joint solar power procurement initiative. All cities and public agencies within San Bernardino County were invited to submit candidate sites to be part of a SANBAG- funded feasibility analysis in order to identify sites that would financially benefit from solar photovoltaic energy. Through a competitive RFP process, SANBAG had selected Newcomb, Anderson, McCormick to conduct the solar feasibility analysis, which-was completed in October 2013. With the analysis completed and recommended sites identified, there were unfortunately not enough agencies interested in moving onto the next phase of going out to bid for the solar installation. In July 2014, SANBAG terminated its joint solar procurement initiative due to lack of interest by most agencies. Rancho Cucamonga, on the other hand, was very interested in moving forward with five of the six sites that were submitted for analysis. The solar feasibility analysis estimated the financial viability of installing solar photovoltaic systems either through a direct ownership purchase or through a power purchase' agreement (PPA). A PPA is a contract between two parties, one who generates electricity for the purpose of sale (the seller, ie. a solar contractor) and one who is looking to purchase electricity (the Buyer, i.e. the City). Direct ownership of the solar energy system, on the other hand, involves the owner either paying for the system upfront or financing the system. Southern California Edison and RCMU incentives are available to the City through the direct ownership approach. The analysis demonstrated that a direct ownership purchase at five city facilities would be beneficial. Over the life the systems, it is estimated that the City would realize savings of approximately $2 million for all five sites through a direct purchase. P239 • APPROVAL OF SPECIFICATIONS AND AUTHORIZATION OF THE ADVERTISING OF PAGE 2 "NOTICE INVITING PROPOSALS"FOR THE PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS AT VARIOUS CITY FACILITIES MARCrI 4,2015 Based on the competitive bid process previously conducted by SANBAG, Newcomb, Anderson, McCormick was retained in order to continue providing solar energy engineering services for the City, including the preparation of the solar design specifications and the procurement documents, development of a Request for Proposals (RFP), and reviewing vendor proposals. BIDDING PROCESS CA Government Code Sec. 4217.10 = 4217.18 provides public agencies with an alternative-and more appropriate-bidding process for solar installation projects than what is currently mandated for the City's CIP projects by the California Public Works Government Codes. Due to the unique nature of purchasing and installing a solar photovoltaic system, the Government Code allows for.public agencies to utilize a design-build process where a vendor is selected to both design an appropriate system and also install it. The Government Code also allows for vendors to be selected based on factors other than lowest price, such as qualifications, experience, references, etc., thus giving public agencies maximum flexibility through the selection process. Because it is'advantageous to follow this alternative process, and it is typical for public agencies to do so when purchasing a solar photovoltaic system, the City's bidding will follow CA Government Code Sec. 4217.10-4217.18. Staff has worked closely with the City Attorney's Office and Purchasing Department in order to prepare for the bidding process. Also, while the solar feasibility analysis tentatively showed that a power purchase agreement was not a financially preferable option, the RFP will seek both direct purchase and power purchase agreement proposals. PROPOSED FINANCING STRATEGY A conceptual financing strategy to pay for direct purchase costs has been developed. While these projects yield a net benefit over the life of the PV systems, there is an initial capital cost that must be funded on the front end in order to yield savings over time. Assuming that the proposals for each of the sites come in with a net benefit and the City wishes to move forward, it is proposed that the City self- finance utilizing funds from the Capital Reserve Fund 25 to pay the estimated upfront cost of approximately $6,598,137 for the three city sites (Central Park, Epicenter, and Metrolink station). The Capital Reserve Fund would in turn be paid back, along with interest based on LAIF rate, from the estimated energy savings the projects will generate as well as from California Solar Initiative (CSI) rebates that the City is confirmed to receive. It is estimated that the City would receive approximately $781,417 (NPV) in CSI rebates for the three city sites and the Fire District would receive approximately $59,263 (NPV)for their two sites. For the Fire District projects, the Fire District is prepared to directly pay all upfront costs utilizing Fire District Capital Reserves for its two project sites. Once the RFP responses have been received, reviewed, and negotiated, staff will provide recommendation options on moving forward with all, some, or none of the sites, the final investment amount as well as a final financing strategy, and authorization to continue utilizing the technical services of Newcomb, Anderson, McCormick through the construction and commissioning phase. CONCLUSION • It is recommended that the City Council and Fire District approve the specifications for the procurement of solar photovoltaic systems at various city facilities and authorize the advertising of "Notice Inviting Proposals". P240 APPROVAL OF SPECIFICATIONS AND AUTHORIZATION OF THE ADVERTISING OF PAGE 3 "NOTICE INVITING PROPOSALS"FOR THE PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS AT VARIOUS CPI'Y FACEd 11ES MARCH 4,2015 Respectfully Submitted, • CNN Fabian Villenas Ruth Cain Principal Management Analyst Purchasing Manager Attachment(s): Resolution RFP Specifications • • • • • • P241 RESOLUTION NO. 15-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFICATIONS AND AUTHORIZING THE APPROVAL OF THE ADVERTISING OF "NOTICE OF INVITING PROPOSALS" FOR THE PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS AT VARIOUS CITY OF RANCHO CUCAMONGA FACILITIES WHEREAS, pursuant to the authority set forth in Government Code Section 4217.10, et seq., it is the intention of the City of Rancho Cucamonga to construct a solar photovoltaic energy producing systems to be located at certain City facilities in the City of Rancho Cucamonga. WHEREAS,the City of Rancho Cucamonga has prepared specifications for the construction of the solar photovoltaic systems. NOW,THEREFORE, the City Council of the City of Rancho Cucamonga, hereby resolves as follows: The specifications prepared for the City of Rancho Cucamonga, referenced in the Recitals, above ("Specifications"), are hereby approved as specifications for the Solar Photovoltaic System to be constructed at various City facilities, as referenced herein. Be it further resolved that the City Purchasing Division is hereby authorized and directed to issue and advertise by any reasonable means, a request for proposals for construction of the Solar Photovoltaic System, pursuant to the Specifications. Pursuant to this Resolution of the City Council of the City of Rancho Cucamonga, San Bernardino County, California, NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga will receive on or before the hour of 2:00 p.m. on Monday, April 20, 2015, sealed proposals for the "PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS TO BE CONSTRUCTED AT VARIOUS CITY OF RANCHO CUCAMONGA FACILITIES". Proposals shall be submitted on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS TO BE CONSTRUCTED AT VARIOUS CITY OF RANCHO CUCAMONGA FACILITIES." The contractor selected to perform the work, if one is selected, must possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Building Contractor) or "C-10" License (Electrical Contractor) in accordance with the provisions of the State Contractor's Licensing Law (California Business and Professions Code, Section 7000 et. seq.)and rules and regulations adopted pursuant thereto. This project requires the payment of prevailing wages and the posting of performance and payment bonds. The work is to be done in accordance with the documents and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Resolution No. 15-027— Page 1 of 3 P242 The contractor selected to perform the work, if one is selected, will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. The City of Rancho Cucamonga, reserves the right to reject any or all proposals,and/or to negotiate with one or more proposing contractors, as determined to be in the best interest of the City, subject to the provisions of Government Code Section 4217.10, et seq. Questions regarding this Notice Inviting Proposals for "PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS TO BE CONSTRUCTED AT VARIOUS CITY OF RANCHO CUCAMONGA FACILITIES" may be directed to: RUTH CAIN, CPPB, Purchasing Manager 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2700, ext. 2500 Ruth.Cain@cityofrc.com Resolution No. 15-027— Page 2 of 3 P243 PASSED, APPROVED, AND ADOPTED this 4'h day of March 2015. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk . I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 4'h day of March 2015. Executed this 4'h day of March 2015, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 15-027 — Page 3 of 3 P244 CITY OF RANCHO CUCAMONGA REQUEST FOR PROPOSALS PROCUREMENT OF SOLAR PHOTOVOLTAIC SYSTEMS AT VARIOUS CITY OF RANCHO CUCAMONGA FACILITIES 1111#-Ria --'''' frAM* ,,4 r 4111 v. 041 1 4. ■ • - ► RANCHO CUCAMONGA Issue Date: March 9, 2015 I Proposal Due Date: April 20, 2015 Contact: Ruth Cain, CPPB, Buyer II E-mail: Ruth.Cain@cityofrc.com P245 City of Rancho Cucamonga Solar RFP TABLE OF CONTENTS 1. OVERVIEW 1 1.1 General Background 1 1.2 Timeline 1 1.3 Definitions 2 2. SOLICITATION PROCESS 3 2.1 Process 3 2.2 Selection Committee 4 2.3 Evaluation Criteria 4 2.4 Oral Proposals and Interviews 5 3. SCOPE OF SERVICES 6 3.1 Solar Contractor Responsibilities 6 4. PROJECTS AND SITES 7 4.1 Projects 7 5. INSTRUCTIONS 8 5.1 City Contact 8 5.2 RFP Compliance 8 5.3 City Compliance Requirements 10 6. PROPOSAL OUTLINE 12 • P246 City of Rancho Cucamonga Solar RFP ATTACHMENTS A. SITE INFORMATION & SPECIFICATIONS Attachment A.1 — Site Information Attachment A.2— Design Specifications Attachment A.3— Utility Information B. BID FORMS Attachment B.1 — Experience Form Attachment B.2 — Pricing Proposal and Production Form (Bid Sheet) C. CITY INFORMATION Attachment C.1 —Terms and Conditions Attachment C.2— Example Design Build Agreement D. OTHER Attachment D.1 — Proposal Checklist P247 City of Rancho Cucamonga Solar RFP 1. OVERVIEW 1.1 General Background The City of Rancho Cucamonga ("City') is committed to creating a more vibrant, healthy, prosperous and sustainable community. The City is interested in generating electric power with photovoltaic(PV)systems on five different City-owned sites,four of which are serviced by SCE meters and one by the Rancho Cucamonga Municipal Utility. The City is issuing this Request for Proposals ("RFP") to solicit proposals from qualified Solar Contractor(s) ("Solar Contractor") interested in the development of approximately 1.7 MW of solar generation systems. Government Code Section 4217.10, et. seq., specifically, Section 4217.16, authorizes public agencies to solicit proposals from qualified persons and to award a contract on the basis of the experience of the Solar Contractor, the type of technology employed by the Solar Contractor, the cost to the local agency, and any other relevant considerations, provided that the projects deliver net cost savings to the public agency. The City is primarily interested in a direct purchase and ownership the solar structures. However, a power purchase agreement (PPA) or other cost-effective options that create net cost savings to the City may be considered in order to ensure best value. The City has identified the following sites to install solar: City of Rancho Cucamonga Site Address Solar Sites Central Park 11200 Baseline Rd, Rancho Cucamonga, CA 91701 RC Metrolink Station 11208 Azusa Court, Rancho Cucamonga, CA 91730 Banyan Fire Station #175 11108 Banyan St, Rancho Cucamonga, CA 91737 Day Creek Fire Station #173 12270 Firehouse Court Rancho Cucamonga, CA 91739 Epicenter/Sports Complex 8408 Rochester Ave, Rancho Cucamonga, CA 91730 NOTE: City reserves the right to reduce or substitute solar sites as it deems to be most beneficial to the public. At a minimum, Solar Contractors must have successfully developed at least five (5) projects totaling at least two (2) megawatts (MW) that are in commercial operation at the time of the issuance of this RFP. A proposal that fails to meet this standard shall be deemed non- responsive. 1.2 Timeline Event Date' Issue RFP Monday March 9, 2015 Site Tours and Pre-Proposal Conference Wednesday April 1, 2015 Questions/Clarifications Due Monday April 6, 2015 Addendum 1 Issued (Response to Questions) Monday April 13, 2015 1 P248 City of Rancho Cucamonga Solar RFP Event Date* RFP Response Due Monday April 20, 2015 Evaluation Period April 20— Friday May 15, 2015 Contractor Interviews Wednesday May 20, 2015 Contract Negotiations Wednesday May 27, 2015 Contract Award Date • Monday June 29, 2015 *Note:Timeline is approximate and subject to change at the City's sole discretion. 1.3 Definitions For purposes of this solicitation and any resulting contracts the following definitions apply: Clean Energy: The "clean renewable energy" to be provided under this RFP is intended to be in the form of Solar Renewable Energy Certificates (SRECs), and is separate from any other contract for power supply. Clean Energy Resources: Electricity generation resources meeting the standards of Green Power as defined by the U.S. Environmental Agency's Green Power Partnership. For purposes of this solicitation this means zero-emissions renewable energy resources. Environmental Attributes: The environmental characteristics intrinsic to the generation of one megawatt-hour (MW h) of electricity, including emissions resulting from generation, any credits or allowances that are assigned or allocated to the source of generation by any federal or state body (such as carbon credits and/or Allowances of nitrogen oxides or other criteria pollutants provided under a set-aside by a state within a Cap & Trade region). Facility: Any building, parking lot, property specified by the City. Generation Attributes: The characteristics associated with the generation of one (1) MWh of electricity including fuel type, location, and date of electricity generation. As part of the reporting requirements, the Solar Provider must verify the eGRID sub-region within which generation occurred. Gross Floor Area (GFA): The total floor area calculated by the City across a building's footprint. Not to be confused with roof area. kWp DC Capacity: Is the total capacity of the solar system. Expected kWh AC: The actual generation exported from the solar system. Parking Lot Solar System: Solar system built over a surface parking lot or garage, including canopies, solar photovoltaic panels and ancillary equipment. Generally, systems will be designed to not disrupt existing parking. Photovoltaic Solar System: A system of solar panels and ancillary equipment that converts sunlight to usable electricity. For the purposes of this procurement, electricity delivered to the City to support operations. The output at the City's building interface must be alternating current (AC), unless otherwise specified. 2 P249 City of Rancho Cucamonga Solar RFP SREC Delivery: This means the delivery of the solar renewable energy certificate to the City, including the provision of all necessary documentation verifying the creation and retirement of the SREC. This will include (to the satisfaction of the City) evidence of registry of the SREC, generation and environmental attributes, and retirement within a regional tracking system. Specific delivery requirements are described in the Scope of Services. SREC Vintage: The year during which the electricity associated with the SREC was generated (including a period up to six month prior to the calendar year and up to three months after the calendar year) as meets the annual purchasing requirements of the US Environmental Protection Agency's (EPA) Green Power Partnership. For example,for purposes of this procurement, a 2014 "vintage" SREC may be associated with power generated any time between July 1, 2013 and March 31, 2015. Request Energy for Proposals (RFP): this proposal is covered under Government Code Section 4217.10, et. seq., specifically, Section 4217.16, which authorizes public agencies to solicit proposals from qualified persons and to award a contract on the basis of the experience of the Solar Contractor, the type of technology employed by the Contractor, the cost to the local agency, and any other relevant considerations, provided that the projects deliver net cost savings to the public agency. Solar Provider or Contractor: A private or non-profit organization, which is an applicant or an offeror that installs, owns, operates and finances a solar system on a City's owned facility while selling the electricity to the City government or the City's delegate. Solar Renewable Energy Certificate (SREC): The renewable attributes of one (1) MWh of electricity generated using clean renewable energy resources. Attributes include generation attributes and environmental attributes. For purposes of this solicitation, SRECs shall come from zero-emissions resources. Substantial Completion: When the contracted work is sufficiently complete in accordance with the contract documents. 2. SOLICITATION PROCESS 2.1 Process This RFP will be evaluated in two stages. In the first stage, the City will review Solar Contractor qualifications and price proposals. In the second stage, the City intends to conduct interviews only with Solar Contractors within competitive range as determined by the Selection Committee based on the evaluation of first stage proposals using the criteria outlined in section 2.3. The City reserves and may exercise one or more of the following rights and options in its sole discretion with respect to this RFP to: • Reject any or all proposals; • Supplement, amend or otherwise modify this RFP; • Cancel this RFP with or without the substitution of another RFP; • Issue additional or subsequent RFPs; • Conduct investigations with respect to the qualifications of any Provider; • Change any time for performance set forth in this RFP; 3 P250 City of Rancho Cucamonga Solar RFP • Waive any non-material deviation from this RFP; and • Negotiate bid pricing and condition 2.2 Selection Committee The Selection Committee will consist of representatives selected by the City who will evaluate all proposals in accordance with evaluation criteria set forth in this RFP. During evaluation of the proposals, the designated representatives of the City of Rancho Cucamonga may contact Contractors or their references for written clarification or additional information at the City's discretion. No Solar Contractor shall have any direct or indirect contact with any member of the Selection Committee prior to award of a contract, if any. All questions or clarification requests must be submitted in writing to Ruth Cain via email at on or before Monday, April 6. Answers and/or clarifications will be provided in the form of an Addendum in accordance with the above "Timeline". From the issuance date of this Request for Bid until a Contractor is awarded, Contractors are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of the designated representative of the City of Rancho Cucamonga. • 2.3 Evaluation Criteria The City reserves the right to determine the number of Solar Contractors who will advance to oral presentations. The preliminary scoring will be based on the total points awarded by the Selection Committee to each proposal. Each proposal will be scored on a scale of 1 to 100 points with a maximum number of points possible of 100. Proposal Evaluation Criteria Points A. Completeness of Proposal: ALL required schedules, forms and informational Pass/ items have been submitted. Responses to this RFP must be complete. Fail Responses that do not include the proposal content requirements identified within • this RFP and Attachments may be considered incomplete and rated a Fail in the Evaluation Criteria. Utilize and submit Attachment D.1 — Proposal Checklist to ensure all items are included in the proposal. _ B. Project Cost: Solar Contractors will be required to propose pricing for direct 40 purchase (per watt). Providing PPA pricing is optional. The Solar Contractor will be evaluated based the net benefit the solar photovoltaic system(s) provide the City. For purposes of this subsection "B", City will determine the benefit based on the systems price and production. Contractors do not need to provide estimated benefits. Costs should be appropriate given proposed system size, estimated production, and forecast energy use of the facility. C. Qualifications and Experience: Solar Contractors will be evaluated based 20 on their demonstrated experience in bringing solar energy projects with collective generation capacity of over two (2) megawatts to commercial operation, and/or with other municipalities In addition, Solar Contractors will be evaluated on the demonstrated experience of the team's senior management personnel in structuring such projects and bringing such projects into commercial operations on time. If the Solar Contractor is a team or joint venture of multiple companies, the Selection Committee will consider the experience of each member of the team or joint venture in light of their role in the proposed team or joint venture. The Solar Contractor's financial stability and any existing legal proceedings will be taken into consideration. 4 P251 City of Rancho Cucamonga Solar RFP Proposal Evaluation Criteria Points D. Technical Proposal and Project Approach: Solar Contractors will be evaluated 20 based on the completeness and quality of technical documentation for proposed systems, including preliminary module layouts and electrical diagrams. Submittal should account for available space, proposed orientation and tilt, and site-specific construction conditions (roof type, soils issues, etc.). Total projected energy production should be realistic and account for production guarantee, site-specific constraints and proposed PV system designs. Module and inverter supply, availability, and quality must meet or exceed RFP requirements and have a proven track record. Monitoring system and plan should ensure accurate billing and performance and offer the ability to view monitoring data online, and to provide public view of high-level performance information. Contractor's approach should address procurement and construction, including coordination with client operations. E.. Implementation Plan and Schedule: The project schedule and timetable 15 should be complete, realistic, with risk mitigation and escalation processes, and appropriate for RFP requirements. Project plan and schedule should account for RFP submittal requirements, complexity of project and demonstrate methodology for management of multiple projects sequentially and/or simultaneously. G. Contract Terms and Conditions: Solar Contractors will be evaluated based 5 on their conformance with contract language and unique contracting requirements included in RFP specifications and Attachments, while providing maximum value and lowest scheduling, performance and cost risk. Total 100 2.4 Oral Proposals and Interviews The City will interview no more than five Solar Contractors as determined by the Selection Committee based on the initial evaluation of proposals using the criteria noted above. If selected for an interview, the Solar Contractor's project team will deliver a concise 30-minute PowerPoint presentation, with an additional 20 minutes allocated for questions. Each interview will be scored on a scale of 1 to 30 points with a maximum number of points possible of 30. Any additional points from oral presentations will be added to a Solar Contractor's proposal evaluation score. The point total from the proposal and oral presentation evaluations will be the foundation from which the Selection Committee will make award decisions. Oral Presentation Evaluation Criteria Points A. Clarity of Presentation:Ability to deliver a concise and professional presentation. 10 B. Clarity of Responses to Questions: Ability to provide accurate and concise 10 responses to Selection Committee questions. C. Presentation Distribution by Staff Type: Coordination of presentation across 10 professionals who will be working with financing, construction, project management etc. Total 30 The City reserves the right to negotiate further and request best and final offers from contractors. 5 P252 City of Rancho Cucamonga Solar RFP 3. SCOPE OF SERVICES The scope of this RFP is to identify qualified Solar Contractors to design and install solar generation systems at municipal facilities identified in Attachment A.1. In general, the selected Solar Contractor will be required to develop solar generation systems at five City of Rancho Cucamonga sites(unless a site is determined to be unsuitable and a substitute site is not identified by City as provided herein), for the purchase of the Systems or all electricity generated from the Systems. The City prefers a direct purchase method for procuring solar photovoltaic systems. However, the City is also interested in reviewing traditional PPA alternatives. The City's preferred Design Build agreement is as attached hereto as Attachment C.2. The City may also be interested in any alternative PPA structures, financing alternatives or sources of federal, state or local funding that the Solar Contractor can assist with providing (e.g. equipment leases, government subsidized loans, etc.), pricing pegged to utility rates, Energy Service Contracts, etc. The type of financing method will be determined during the negotiations phase of this solicitation. The contractual obligation will be to either provide design, construction/installation and commissioning of Systems under a direct purchase or financed purchase methodology; or to provide electricity from solar power generation systems under a PPA or other acquisition method as negotiated. Although the City has conducted site surveys and other due diligence, the Solar Contractors' submitted pricing should anticipate that there may be some sites for which unforeseen conditions or other factors exist which may result in the inability to proceed with an individual site or sites as described. In such cases, the City shall have an opportunity to identify and substitute any suitable alternate sites of a similar size to those described within this solicitation.The site must be mutually acceptable to both the City and the Solar Contractor. However, the City is under no obligation to identify a substitute site. Furthermore, the City reserves the right to determine whether to accept the Recommendation for Award and pricing as submitted. Pricing will be submitted using Attachment B.2 hereto. Additional site by site information is available in Attachment A.1, attached hereto. Contractors should refer to this attachment for site general requirements and constraints: layouts, site specific schedule constraints, site access constraints, interconnection, etc. The City reserves the right to determine the type of financing based upon the Solar Contractors' proposed pricing and other Evaluation Criteria. Solar Contractors will be required to submit both direct purchase pricing for all sites. Offering PPA pricing is optional. 3.1 Solar Contractor Responsibilities The Solar Contractor must design, install, and, if applicable, maintain and finance a turn-key solar photovoltaic project on City facilities, in compliance with the following: 3.1.1 Pre-/Construction, Implementation, and Maintenance All solar power generation systems proposed under this RFP must conform to industry best practices and the requirements described in detail in Attachment A.2, along with site information provided in Attachments A.1, and during site walks, regardless of financing offered. Attachment A.2 hereto provides system minimum specifications, warranty requirements, operations and maintenance requirements and performance guarantees. T h e Solar Contractor must 6 P253 City of Rancho Cucamonga Solar RFP demonstrate how their proposal will meet these technical requirements and pricing must include these specifications. 3.1.2 Financing, for PPA and/or Alternative Financing Option Offering PPA pricing and/or alternative financing is optional. The City is primarily interested in purchasing and owning the solar structures, however additional considerations for a PPA may occur if such scenario proves more economically beneficial to the City. Solar Contractors must: • Arrange and execute financing for the life of the project, • Provide a letter of commitment, within 90 days of a signed contract with the City, from any financial party who will underwrite the project, • Aggregate all federal, state, local and utility incentives and incorporate these into the proposed pricing. PPA language must include language for the following: • Output guarantee • Pricing • End of service life • Option to purchase • Termination • Seller and Purchaser rights • Relocation 3.1.3 Electricity Generation and Sales • Provide the Customer all electricity generated by the system, unless explicitly waived by the Customer, • In the case a system is designed to exceed the Customer facility's annual electricity consumption, the Solar Provider must provide the Customer first right of refusal to apply the generation to another Customer facility. If electricity is exported through the wholesale electricity market, the Solar Provider shall be responsible, at the Customer's request, for negotiating with the Customer's electricity supplier/consultants to apply it to other accounts. Currently, the Customer is under contract with a full requirement supplier, but future utility purchasing strategy changes may increase wholesale market exposure. 4. PROJECTS AND SITES The City has identified five sites that it is making available for Solar Contractors to price as part of this solicitation. Solar Contractors shall submit a proposal that includes all, except as otherwise provided herein 4.1 Projects The City and its team of consultants have organized the site information in an attempt to optimize the Solar Contractors' assessment of the sites. Site information has been provided for the Solar Contractors' reference. All referenced documents are available in Attachments A.1-A.2 in this RFP. 7 P254 City of Rancho Cucamonga Solar RFP a) Site Information — Attachment A.1 b) Design Specifications— Attachment A.2 The City makes no representations with respect to the sites, including their suitability. The Solar Contractor and its Partners take sole and full responsibility for conducting any necessary due diligence and assessing the sites and their conditions in developing its proposal. 4.1.1 Preliminary Site Assessment Data Detailed site information regarding each site is included in Attachment A.1 for Solar Contractor review. Contractors should note the following specific details and City requests for these sites: • Central Park: Conceptual drawings or elevations that provides the City with a visual representation of the proposed solar shade structures is required for this location. • Epicenter Sports Complex: The baseball season runs from Mid-March to September, so construction would need to occur in the post-season. Conceptual drawings or elevations that provides the City with a visual representation of the proposed solar shade structures is required for this location. 4.1.2 Site Visits The City will not be able to coordinate individual site visits. However, bid walks of representative sites will be conducted during the RFP process. It is highly recommended that any Contractor wishing to participate in this RFP process attend the bid walk. The City will not incur or accept change orders to any RFP submittal response as a result of the Contractor not attending and consequently under-bidding the project. Although these site walks are not mandatory, they are strongly recommended, and Solar Contractors will be expected to make themselves aware of all site conditions at these and all sites prior to submitting a proposal. It is highly recommended that any Contractor wishing to participate in this RFP process attend the site visit. The Contractor assumes the risk of any conditions not identified in Attachment A.1 which would have been reasonably revealed by such inspection during the site visit The City will not incur or accept change orders to any RFP submittal response as a result of the Contractor not attending and therefore under bidding the project. 5. INSTRUCTIONS 5.1 City Contact Ruth Cain, CPPB, Buyer II E-mail: Ruth.Cain@cityofrc.com 5.2 RFP Compliance • This RFP should not be considered as a Contract to purchase goods or services, but is a Request for Proposal in accordance with the Terms and Conditions herein and will not necessarily give rise to a Contract. However, RFP responses should be as detailed and complete as possible to facilitate the formation of a Contract based on the RFP response(s) that are pursued should the City decide to do so. 8 P255 City of Rancho Cucamonga Solar RFP . Complete responses to this RFP and its associated Attachments is a requirement. Failure to do so may disqualify a RFP response submittal. Contractors must submit signed, sealed RFP responses by the due date and time as specified herein. Responses to each step of this RFP received after the date and time specified are considered late, and may not, under any circumstances, be considered for any award resulting from this RFP. Contractors will be considered non-responsive if the requirements are not submitted as requested. All costs incurred in the preparation and submission of proposals will be borne by the Contractor and will not be incurred in anticipation of receiving reimbursement from the City. In the event that only one RFP response is received, the City reserves the right to return the RFP to the Contractor unopened. Any Scope of Work, Contingencies, Special Instruction and/or Terms and Conditions applicable to this RFP and any Purchase Order derived thereafter shall be effective as of the issue date of Purchase Order (the "Effective Date"), and shall remain in full force and effect until sixty (60) days after the City has accepted the work in writing and has made final payment, unless sooner terminated by written mutual agreement signed by both parties. 5.2.1 Discrepancies or Omissions Contractors finding discrepancies or omissions in the RFP or having any doubts as to the meaning or intent of any part thereof shall submit such questions or concerns in writing to the applicable Purchasing contact identified herein. All questions must be in writing and no responsibility will be accepted for oral instructions. Addenda issued in correspondence to this RFP shall be considered a part of this RFP and shall become part of any final Contract that may be derived from this RFP. 5.2.2 Knowledge of Requirements The contractor shall carefully review all documents referenced and made a part of the solicitation document to ensure that all information required to properly respond has been submitted or made available and all requirements are priced in the Proposal response. Failure to examine any documents, drawings, specifications, or instructions will be at the Contractor's sole risk. Contractors shall be responsible for knowledge of all items and conditions contained in their Proposal responses and in this RFP, including any City issued clarifications, modifications, amendments, or addenda. The City will provide notice of any changes and clarifications to perspective Contractors by way of addenda to the City website; however, it is the Contractor's responsibility to ascertain that the Proposal response includes all addenda issued prior to the Proposal Due Date. 5.2.3 Reservation of Rights The issuance of this RFP does not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right at any time to: 9 P256 City of Rancho Cucamonga Solar RFP • Waive or correct any defect or informality in any response, Proposal, or Proposal procedure. • Reject any or all Proposals. • Reissue a Request for Proposals. • Prior to submission deadline for Proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the Proposals. • The City recognizes that price is only one of several criteria to be used in judging a product or service, and the City is not legally bound to accept the lowest RFP response. • The City reserves the right to conduct pre-award discussions and/or pre-Contract negotiations with any or all responsive and responsible Contractors who submit RFP responses. • Procure any materials, equipment or services specified in this RFP by any other means. • Determine that no project will be pursued. • The City reserves the right to inspect the Contractor's place of business prior to award or at any time during the contract term or any extension thereof, to determine the Contractor's capabilities and qualifications. 5.2.4 Verbal Explanations From the issuance date of this RFP until a Contractor is awarded, Contractors are not permitted to communicate with any City staff or officials regarding this procurement, other than during interviews, demonstrations, and/or site visits, except at the direction of the designated representative of the City of Rancho Cucamonga. Any binding information given to a Contractor in response to a request will be furnished to all Contractors as an RFP Amendment if such information is deemed necessary for the preparation of proposals, or if the lack of such information would be detrimental to the uninformed Contractors. Only such RFP Amendments, when issued by the City, will be considered binding on the City. 5.3 CITY COMPLIANCE REQUIREMENTS 5.3.1 Disposition of Material and Confidential or Proprietary Information All materials submitted in response to the RFP solicitation will become the property of the City and will be returned only at the City's option and at the expense of the Contractor submitting the Proposal response. A copy of the Proposal response will be retained for official files and become a public record. The City complies with the California Public Records Act, Government Code Section 6253. Any material that a Contractor considers as confidential but does not meet the disclosure exemption requirements of the California 10 P257 City of Rancho Cucamonga Solar RFP Public Records Act should not be included in the contractor's Proposal response as it may be made available to the public. If a contractor's Proposal response contains material noted or marked as confidential and/or proprietary that, in the City's sole opinion, meets the disclosure exemption requirements, then that information will not be disclosed pursuant to a written request for public documents. If the City does not consider such material to be exempt from disclosure, the material may be made available to the public, regardless of the notation or markings. If a contractor is unsure if its confidential and/or proprietary material meets disclosure exemption requirements, then it should not include such information in its Proposal response because such information may be disclosed to the public. 5.3.2 Business License The successful awarded Contractor will be required to obtain a Rancho Cucamonga Business License as a condition precedent prior to being engaged as a Contractor by the City. Contractor must possess and maintain all appropriate licenses/certifications necessary in the performance of duties required under this RFP and will provide copies of licenses/certifications immediately upon request by the City, throughout the term of the Contract. Contractors shall be responsible for knowledge of all items and conditions contained in this RFP, including any City issued addenda. The City will provide notice of any changes and clarifications to perspective Bidders by way of addenda to the City website; however, it is the Contractor's responsibility to ascertain that the RFP includes all addenda issued prior to the RFP due date. 5.3.3 Employee Conduct All Contractor personnel must observe all City regulations in effect at the location where the Services are being conducted. While on City property, the Contractor's personnel shall be subject to oversight by City staff. Under no circumstances shall the Contractor's or Contractor's sub-Contractor personnel be deemed as employees of the City. Contractor or Contractor's subcontractor personnel shall not represent themselves to be employees of the City. Contractor's personnel will at all times make their best efforts to be responsive, polite, and cooperative when interacting with representatives of the City, or any other City employees. The Contractor's personnel shall be required to work in a pleasant and professional manner with City employees, outside Contractors and the public. Nothing contained in this RFP shall be construed as granting the Contractor the sole right to supply personal or contractual services required by the City or without the proper City approval and the issuance of a Purchase Order. Contractor's personnel will be in uniform, clearly indicating name of Contractor and identifying their affiliation with the Contractor at all times while conducting business on City property. In addition, a Contractor-provided, clearly readable identification device consisting of the employee's name, photograph and the company name shall be worn at all times. 11 P258 City of Rancho Cucamonga Solar RFP In the event that the City becomes dissatisfied with the performance of any persons assigned to perform the services under this Contract, the Contractor agrees, upon request from the Public Works Services Director or designated representative, to assign other qualified personnel to perform these services 5.3.4 Registration with The Department Of Industrial Relations The Bidder's attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. This requirement applies to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. 53.5 Terms And Conditions All contracts awarded as a result of this proposal will incorporate by reference all provisions of this RFP, including Terms and Conditions of Contract between the City & Solar Contractor contained in Attachment C.1 hereto, except and unless modified by the City. In addition, contracts involving deliveries of energy conforming to the Clean Renewable Energy requirements described below will contain Solar Contractor warranties, representations and covenants with respect to meeting such requirements. 6. PROPOSAL OUTLINE Solar Contractors must submit seven (7) signed and sealed hard copies and three (3) electronic copies of the RFP response by the due date and time as specified herein. Hard copies of Attachments B.1 and B.2 must be submitted in separate sealed envelopes with the RFP number, project title and contractor name on the envelope cover, titled "B.1 — Qualifications and Experience" and "B.2 — Pricing Proposal and Production". Electronic files must be in either Adobe PDF or Microsoft Word format, with exception of the Attachments B.1, B.2 and D.1, which may only be provided in Microsoft Excel format. Contractors will be considered non-responsive if the above requirements are not submitted as requested. In order to facilitate quick review, accurate scoring and timely award of the project, the Solar Contractor must submit their proposal within the following guidelines and format. Efforts to keep proposal as concise as possible should be made. Proposals should not be longer than fifty (50) pages, excluding appendices. Contractors shall utilize Attachment D.1 - Proposal Checklist to ensure all necessary items are included in the submittal. Incomplete proposals will not be considered. Cover Letter Proposal shall begin with a signed cover letter expressly stating the Solar Contractor's intent to be bound by all terms and conditions within the proposal. PART I Table of Contents 12 P259 City of Rancho Cucamonga Solar RFP Proposals shall include a table of contents listing the individual sections of the proposal and their corresponding page numbers. PART II Project Narrative Each Solar Contractor should provide a summary of no more than four(4) pages of the information contained in the following sections. Proposals shall include a description of the Solar Contractor's capabilities and approach in providing its goods and/or services to the City, as more fully set forth in the proposal, and provide a brief synopsis of the highlights of the proposal and overall benefits of the proposal to the City. PART III Qualifications and Experience Solar Contractors are to complete t h e Experience Form contained in Attachment B.1 providing information demonstrating relevant project experience in terms of project type, size, client type, and financing mechanism. Solar Contractors shall identify the number of installations completed in the government sector, including system sizes, in the past three years and broken down by system type, where applicable (i.e. ground mount, roof mount, parking lot, and parking garage). Briefly describe Contractor's organization size, history, executive team and governing body. Contractors shall include documentation of current and valid required Contractor's License. Contractors are to provide a minimum of five (5) references, preferably with other municipalities in which similar services are being performed. References must be for work performed or completed in the past three (3) years. References are not to be discussed in any other area of the RFP submittal. The Experience Form Attachment B.1 must be submitted in a separate sealed envelope with the RFP number, project title and contractor name on the envelope cover, titled "B.1 — Qualifications and Experience". In addition to completing the Experience Form, Contractors are encouraged to provide additional information, not exceeding 10 pages, describing their relevant experience and why it makes them the most qualified firm to perform the work. PART IV Key Personnel Proposals shall include a complete list of all key personnel associated with the solar photovoltaic systems being delivered.This list must include all key personnel who will provide services/training to City staff and all key personnel who will provide financing, maintenance and support services for all project phases and shall not exceed 15 pages. For each person on the list, the following information shall be included: • The person's relationship with Solar Contractor, including job title and years of employment with Contractor; • The role that the person will play in connection with the solar power generation systems being delivered; • Address, telephone, fax numbers, and e-mail address; • Person's educational background; and • Person's relevant experience, certifications, and/or merits and track record of successfully delivering renewable energy systems. 13 P260 City of Rancho Cucamonga Solar RFP PART V Pricing Proposal and Production Form The Solar Contractor shall submit project pricing in Attachment B.2 in a separate sealed envelope with the RFP number, project title and contractor name on the envelope cover, titled "B.2 - Pricing Proposal and Production". PART VI Technical Proposal The Technical Proposal shall describe the equipment, materials, and methods to be employed by the Solar Contractor to meet the goals of the City for the Project and the requirements set forth in this RFP. Solar Contractors shall provide a narrative that describes the equipment and systems proposed, and demonstrates how they meet the requirements of the RFP and site specific constraints (roof type and age, soils issues, etc.). The Technical Proposal shall include the following: • Proposed System Overview: Technical narrative that describes the proposed systems, including but not limited to: general considerations, rated kWp DC capacity, expected kWh AC output in the first year and over a twenty-five (25) year period, mounting approach (tilt, tracking), system layout and design, and total area required for the PV system. • Proposed Equipment List: Model, technical specifications, quantity and characteristics of: modules, inverters, mounting structures, tracking system (if any), generation meters, Data Acquisition System (DAS) and monitoring system. The Technical proposal will describe the availability, supply and quality of proposed equipment. • Proposed Equipment Warranties: Documentation describing warranties for all major system components including modules, inverters, monitoring systems, tracking systems and mounting structures. Documentation must describe the duration of the warranty, and the nature of the performance guarantee(s). • Preliminary Layout of the System: Provide a plan view layout drawing describing the locations of modules, inverters, inverter pads and shelters, transformers, trench and conduit runs, and other relevant information. Inverter locations shall be shown on each layout and scaled to convey the approximate space needed for the inverters and all associated equipment to be installed in the same location. • Canopy and Racking Details: Explain in detail how proposed layouts and racking systems will facilitate easy access to canopy structures for ongoing maintenance and repairs. Place particular emphasis on adherence to the specifications in Attachment A.1. • Single-line Electrical Diagram of Proposed Systems. • Monitoring System Preliminary Design: Overview of the proposed Data Acquisition System (DAS), including quantity and model of proposed sensors, data acquisition hardware and software, screen shots of proposed solutions, and IT requirements. • Contractors shall identify requirements for connecting the DAS to the Internet. 14 P261 City of Rancho Cucamonga Solar RFP • Monitoring / Data Presentation Information: Specifications of proposed monitoring software, including screenshots of user interface and system diagnostic,capabilities, as well as hosting requirements, performance data and billing management plan and processes. DAS shall include a minimum of one (1) public display kiosk or monitor to provide for public viewing of monitored data if specified in Attachment A.1. • Supporting Data: Contractors shall also submit annual estimated production data copied and pasted into the appropriate cells in Attachment B.2 hereto. Contractor must also submit estimated production results report(s) from PVSyst or equivalent software for each site. • Operations & Maintenance (O&M) Agreement: Contractors are to submit and briefly describe an O&M agreement. See Attachment A.2 for details. • Performance Guarantee: Contractors are to submit and briefly describe Performance Guarantee. See Attachment A.2 for details. • Warranties: Contractors are to submit and briefly describe product warranties, including PV modules, inverters, data acquisition systems, etc. See Attachment A.2 for details. PART VII Proposed Project Approach: The Proposal shall include a description, not exceeding 10 pages, of the approach the Solar Contractor will use to design, procure long-lead time equipment, construct, and commission the solar power generation systems to meet the goals of the City as described in this RFP. The Proposal shall describe how t h e Solar Contractor will comply with the requirements of the RFP, obtain timely permits and approvals, and accommodate ongoing operations during construction, including how the Solar Contractor intends to meet the City's schedule in addition to CSI and RCMU incentive program deadlines. The City has reserved CSI incentives for the four sites serviced by SCE and the next CSI deadline is the proof of project milestone step due by 9/16/15, verifying that there is an executed contract in place and that the system size is accurately accounted for. No reservation is required for RCMU incentives. Both incentive programs have specific requirements that will be the responsibility of the Contractor to execute on behalf of the City. The Proposal shall describe the Solar Contractor's approach to the Project and construction management, document control, and Project administration including risk mitigation and escalation processes. Due to the number of potential PV sites,the Contractor shall clearly indicate how the work will be phased to meet the goals of the City. The Proposal shall include a narrative addressing how the Solar Contractor recommends phasing the work in order to efficiently execute the design, Design Review, installation, and commissioning of the systems. The Proposal shall also describe quality assurance procedures and safety plans. The Proposal shall contain a description of the Solar Contractor's strategy for communicating with the City and assisting them in their efforts to achieve the overall objective(s) of the Project as described herein. PART VIII Financial Strength All Solar Providers must provide information as requested below relating to their team's financial ability to build, own Of necessary) and operate (if necessary) the Projects. Please note that at 15 P262 City of Rancho Cucamonga Solar RFP any time during the selection and implementation process, the City may request additional financial information. Please acknowledge your understanding of this statement and discuss any limiting considerations. If available, provide audited financial statements for the past three years for the prime contractor and all supporting contractors (excluding financing partners). Links to this information would be preferable. If audited financial statements are not available then describe each contractor's financial ability to build, own (if necessary) and operate Of necessary) the projects. Please include the following information: • Liquidity, including cash on hand and/or ways to finance short-term cash flow requirements (lines of credit, revolving debt, etc.). • The basis for the ability to meet ongoing construction, operating and debt commitments (i.e. annual `free cash flow"). • Are there any current, pending or anticipated lawsuits, commitments or other issues that would preclude the building, owning or operating the Projects? If so, describe how you would mitigate these issues in connection with the projects. • The number of employees for each contractor. Identify by court and case title any and all suits, and any other legal claims in which the Solar Contractor or its personnel were parties and which related to construction projects within the past five (5) years. Suits and claims limited to those from a subcontractor to the Solar Contractor or a supplier to the Solar Contractor that did not include a project's owner, need not be included. • Include all claims or other demands asserted against any bid bond, performance bond, or payment bond posted by the Solar Contractor in connection with any construction contract or Solar Contractor's submittal of a bid/proposal for a construction contract or photovoltaic solar generating project contract. • State whether or not Solar Contractor it has ever been declared in default or terminated for cause under a construction contract or photovoltaic solar generating project contract. If "yes" provide details of that situation. • State whether or not Solar Contractor or any of its predecessors, or any of its owners, officers, or partners, have ever been found liable in a civil suit or found guilty in a criminal action involving any construction contract, or civilly liable or criminally guilty for fraud, or otherwise making any false claim or material misrepresentation to any public agency or entity? If"yes" provide details of each such judgment and/or conviction. • State whether or not in the past five (5) years, Solar Contractor or any predecessor has been denied an award of a public works contract based on a finding by a public agency that Solar Contractor was not qualified or not a responsible bidder. If"yes" provide details of that situation. Each Solar Contractor shall describe: (i) any litigation or formal complaint(s), including mechanics liens filed against or by Solar Contractor resulting from or attributable to its current or past involvement with any major construction projects (having an estimated construction cost exceeding $4 million); and (ii) any current or past disciplinary action(s) taken against it by the California Contractors State License Board. 16 P263 City of Rancho Cucamonga Solar RFP Failure to truthfully make any of the foregoing required disclosures may result in the rejection of all or any part of Solar Contractor's proposal, or termination of any contract entered into pursuant to this RFP process. PART IX Financing Methodologies All Solar Contractors must provide information as requested below relating to their financing methodologies. As requested below, all Solar Contractors must describe the financing methodology they intend to use for the sites. This section of the proposal should not exceed 10 pages. Please note that at any time during the entire selection and implementation process, the City may request additional information regarding the financing methodologies or financing partners. Please acknowledge your understanding of this statement and discuss any limiting considerations. Solar Contractor must: • If proposing a PPA plan of finance, describe the structure of its partnership with the financial partners it anticipates using for these Projects. If self-financing, please describe the financing plan, the source of funding and number of projects that the prime firm has financed utilizing this methodology. In addition, if self-financing, then the prime firm must demonstrate proof of funding sufficient for all sites. • If proposing a PPA plan of finance, identify any financing or funding mechanisms the Solar Contractor is considering that are not found in typical PPAs (e.g. debt provided by the government entity, new market tax credits, etc.). • Please describe any additional sources of federal, state and local funding that may be available to the City. If additional sources are a loan or credit support, please provide indicative metrics (principal payments, interest rates, debt service schedules, final maturity, etc.). • Identify whether the prime firm has ever filed for bankruptcy or experienced a delayed renewable energy generation project that resulted from a lack of available funding and/or a loss of funding to a client due to the inability to secure a financial partner. If yes, please explain. • Provide representation that the prime firm and anticipated financial partners have not, nor has any of the members of its governing board or principal officers, been indicted or convicted of fraud, corruption, collusion, bribery, or money laundering. If Solar Provider is unable to so warrant, then provide evidence that whatever is the case will not prevent it from entering into the contemplated agreements and fulfilling all services required. • Those Solar Providers proposing an alternate financing mechanism must: o Describe any alternate financing mechanisms. Provide indicative metrics (principal payment structure, interest rates, debt service schedules, final maturity, up-front fees, credit requirements, demographic requirements, etc.). o Provide examples and references of similar successful financing placements using the proposed method(s). 17 P264 City of Rancho Cucamonga Solar RFP o Provide a discussion on the difficulty of implementation and a description of the financing timeline. PART X Implementation Plan Solar Contractors are to provide a detailed GANTT style schedule describing all phases of the project and the Solar Contractor's services, major milestones, task dependencies, associated with financing, designing, permitting, and installing the sites. This implementation narrative shall include the financing strategy and timing, the procurement strategy for equipment and materials, steel fabrication plan, workforce plan, staging, construction, equipment installation, acceptance testing, project close-out, and commitment from financial partners and suppliers and/or manufacturers substantiating the availability of major long lead-time equipment or resources to meet the proposed schedule. The plan must clearly articulate whether the five sites will be completed simultaneously, sequentially, in groups, etc. Project approach should minimize disruptions to each site. This implementation plan must inform the City of critical path decision milestones, and include time for review and approvals. Solar Contractors must identify the allocation of staffing resources necessary to deliver the projects. The plan, excluding the electronically submitted schedule, should be no more than five pages in total and shall cover all sites for which the Solar Contractor intends to submit bid proposals. PART XII Exceptions and Exclusions Contractor shall discuss all exceptions and exclusions to the RFP package. PART XIII Sample PPA Template If proposing PPA pricing, Solar Contractor must include a proposed template PPA agreement that outlines terms and conditions that are desired in a final contract. Final PPA agreement terms and conditions will be negotiated with the selected Solar Contractor. 18 P265 Attachment A.1—Site Information Banyan Fire Station#175 11108 Banyan St, Rancho Cucamonga, CA 91737 ••'r. ii * , ,.if : = 3,.. ri ,- s y. �..:1 /• 1: ' Gay �' ' 40.a Na ` 'o,- ' Area 2 PE NKr 1 Area � /' 1 U1t10 8 Banyan St / t: . I POC., . .,,,... t , ' '- ..4., 4‘.%4 i_• — 1 ti's !„ ` • 'l" _ 4 . a J 4 The North section (Area 1)of the site is slated for improvements that flattens the area. Coordination with the improvements would be required. A solar shade structure would be acceptable to cover the area. This area will be used for fire district training. Areas 2 and 3 are available for solar shade structures. The Area 2 structure would need to address equipment access concerns. All structures must be a minimum of 14 feet in vertical clearance in to accommodate fire apparatus in areas identified. Meter Number Current Annual Site Load Target Solar Rate (kWh/Meter) Production (kWh/yr) 259000-005308 GS-2 132,491 112,617 P266 Attachment A.1—Site Information Central Park 11200 Baseline Rd, Rancho Cucamonga, CA 91701 . : -_ 7 1' -...,. . , -r''.....‘.. - v _ki„ i i\i„,-- :-.... . (IL' )4^ N. ic , i< _.., 4 / - ,........... , •-• '''" . 4.4. '.. , , ' \.: . . , ' -,-.-4?- .. . . •-- ..7-,,,k„ .,' -48 4:1r1111, :,, .._ -.. . •• ' + e Fi il -iiviiii -',,, ,.../ L. N7', 3 rho Cut_3monn, 4 .'4t111.. :Ce • � �l� 'fir 1,,,r..-a, a A. ;, �� e `, 7 v ark ,,ft„. tb,...., ..4 / \*lc ,, i "-"v-44-arc:[+-.4 _- _ ,1 , The City's preference is to have the southwest parking lot on the community center side available for solar shade structures. Conceptual drawings or elevations that provides the City with a visual representation of the proposed solar shade structures is required for this location. One(1) public display kiosk or monitor to provide for public viewing of monitored data is required. Meter Number Current Annual Site Load Target Solar Rate (kWh/Meter) Production (kWh/yr) V349N-003709 TOU-GS3-B 1,483,854 1,261,275 P267 Attachment A.1—Site Information Day Creek Fire Station#173 12270 Firehouse Court, Rancho Cucamonga, CA 91739 I- _ _ — 4 . gr- _. , Ael its.- 1 4 4 ,, f \ , \fr ' I t i A F 1 0 1 _ f- itk: , 41 4 if fir, . /,.�` Area 5 Y. ' ., i to: - - - --- T‘— 4 i 12270 Fi'r�„ i , . It 1,% ..•-"-.. �e�` i ' j r 4 it Y .0 i ,. ♦..` '41 A X 41 • t ., . \ ... \- i The exterior areas 1, 3 and 4 are available for ground mount solar, area 2 for roof mount.The patio (area 5) is available for a solar shade structure. Meter Number Current Annual Site Load Target Solar Rate (kWh/Meter) Production (kWh/yr) 259000-012924 GS-2 150,295 127,807 1 P268 Attachment A.1—Site Information Epicenter/Sport Complex 8408 Rochester Ave, Rancho Cucamonga, CA 91730 -- 1 ! r _ '. -4, I ; - IA t• .1,, _ - A !lit , , - 8408 Rochester Ave -. __ .LoanMart Field / ` in f • , iiii t s i shil 0 Adt7fts Sports Park 1 1 ri .. a ,1 . - -, -/-.PCB£Aux • I. :-Mti5 - - - The parking lots B, C, D, E, and F are available for solar shade structures. Parking Lot F serves the adjacent City Animal Shelter. The local utility that services both sites and meters is RCMU. RCMU allows for aggregate net energy meter so that both meters can be offset while only interconnecting into one meter. RCMU has solar incentives available. The preferred point of connection is the Northern POC labeled POC main. Installation of the solar shade structures must be coordinated to avoid the Quakes Minor League Baseball season (mid-March to mid-September). Conceptual drawings or elevations that provides the City with a visual representation of the proposed solar shade structures is required for this location. Meter Current Rate Annual Site Load Target Solar Site Notes Number (kWh/Meter) Production (kWh/yr) 4213149 Large Commercial 1,386,130 1,178,211 POC Main 2605398 Medium Commercial 630,584 535,997 POC Aux Rancho Cucamonga Metrolink Station 11208 Azusa Court, Rancho Cucamonga, CA 91730 P269 Attachment A.1–Site Information ...-. .. ∎ _— — . – – - ... MI . ' V ` . $ '• 1117 .y w ,� 1 • e;, ,1 ir -�, 0)-�`r .....'.4'.... . .0'; , • . .7 4::. ., .., %.)"..... li ,1 fie _ ' �J ♦, *Ate' '(`.-. .�� , s' ,.♦ / , - :.. . .. :4t‘1,••• Ititt- ' Et.v: ....:,,,,,,,,, ..,;,•,,,7..:ify —.,.:,., .e l'i:-:. i ' t , e?:. -*•- 'e,,kfis ' Sr' • ° r/ • ..§:^- . As%.:,..,,, .444 4 4r1111. �j \ ) Q ' , - �_/. s. The entire parking lot is available for solar shade structures. All three meters are located at the same place indicated in the picture above. This site is eligible for aggregate net energy metering. Meter Number Current Annual Site Load Target Solar Rate (kWh/Meter) Production (kWh/yr) 223000-003748 GS-2 124,545 105,863 222012-602459 GS-1 9,862 8,383 322010-475860 GS-1 45,425 38,611 P270 Attachment A.2 — Design Specifications Solar PV System Technical Design Specifications and Requirements Page i P271 Attachment A.2 — Design Specifications Table of Contents 1. Specifications and Requirements 1 1.1 Site Access 1 1.2 Project Management 1 1.2.1 Project Manager 1 1.2.2 Project Schedule 1 1.2.3 Submittals 2 1.2.4 Solar Incentives 2 1.2.5 Design Review Process/Phases 3 1.2.6 Design-Builders' License Classification 4 1.2.7 Design Submittals 4 1.2.8 Technical Requirements 4 1.3 Procurement/Construction 15 1.3.1 Scope of Supply 15 1.3.2 Materials and Equipment 15 1.3.3 Quality Assurance and Quality Control 15 1.4 Testing 16 1.4.1 System Commissioning 16 1.4.2 System Startup 17 1.4.3 Proving Period (30 days) 17 1.5 Operations and Maintenance 18 1.5.1 Preventative Maintenance 19 1.5.2 Troubleshooting, Inspection and Additional Repairs 19 1.5.3 City Service Support 20 1.5.4 Major Component Maintenance and Repair 20 1.5.5 Other System Services 20 1.6 Performance Guarantee 20 1.7 Training 21 1.8 Educational Programs 22 Page ii Attachment A.2— Design Specifications P272 1. Specifications and Requirements 1.1 SITE ACCESS Design-Builder shall conform to City rules and requirements for accessing sites. Road usage, road closures, number of vehicles, access points, etc., may be regulated by the City. Site visits shall be approved and proper check-in requirements must be followed. 1.2 PROJECT MANAGEMENT 1.2.1 Project Manager Design-Builder shall assign a Project Manager from their firm upon execution of the Agreement and receipt of Notice to Proceed. The Project Manager shall manage all design, procurement, construction, and commissioning phases of the Project. The construction of PV systems shall be accomplished by Design-Builder with an on-site construction management team. The Project Manager shall ensure that all contract, schedule, and reporting requirements of the Project are met and shall be the primary point of contact for the City. 1.2.2 Project Schedule A Project Schedule is to be prepared and submitted to the City within 14 days of Agreement execution. The City will review and approve the Project Schedule prior to the initiation of work. Updates shall be submitted every other week, though the City may allow less frequent updates at their discretion. The submittal shall be a Critical Path Method (CPM)schedule describing all Project activities, dependencies, and sequencing of tasks. In particular, Design-Builder shall include City review of submittals on the Critical Path. The Project Schedule shall describe all elements of project design, equipment procurement, construction and commissioning, and shall be submitted in electronic format (MS Project or Primavera P6). Adobe Acrobat is not acceptable. The schedule shall also reflect the requirement that construction activities must be coordinated to minimize impacts on normal operations at each site, including ongoing construction activities. Sufficient information shall be shown on the Project Schedule to enable proper control and monitoring of the Work.The Project Schedule shall show the intended time for starting and completing each activity; the duration of each activity; submittal and approval times; design; delivery of materials, equipment and software; all testing; and other significant items related to the progress of the Work. The Project Schedule shall include a CPM network diagram of sufficient detail to show how Mandatory Milestones are intended to be met. If a schedule submitted by Design-Builder includes changes affecting the achievement of Mandatory Milestones, Design-Builder should clearly identify and justify those changes. Additionally, the schedule should reflect timelines in compliance with CSI and RCMU incentive programs. The City has reserved CSI incentives for the four sites serviced by SCE and the next CSI deadline is the proof of project milestone step due by 9/16/15, verifying that there is an executed contract in place and that the system size is accurately accounted for. No reservation is required for RCMU incentives. Both incentive programs have specific requirements that will be the responsibility of the Contractor to execute on behalf of the City. Design-Builder is encouraged to phase the Work in a way that supports efficient and effective delivery of design and build services. The following Mandatory Milestones shall be reflected in the schedule and represents the dates upon which each milestone is to be achieved for all sites in the Agreement. Attachment A.2 — Design Specifications P273 Mandatory Milestone Date Notice to Proceed Monday June 29, 2015 System Design Monday June 29— Friday August 21, 2015 Construction Documents Approved Tuesday September 8, 2015 Construction Period Monday September 7 — December 2015 Utility Permission To Operate (PTO) Monday December 14, 2015 Commissioning December 14— December 28, 2015 Substantial Completion Monday December 28, 2015 Warranty/O&M/Performance Guarantee Start Monday December 28, 2015 30 Day Proving Period December 28 — Friday January 29, 2016 Final Completion Monday February 1, 2016 1.2.3 Submittals Design-Builder shall provide the following submittals as part of the performance of the Work. The cost of developing and providing submittals shall be included in the Project price. Agreement Submittals Submittal Submittal Date I. System Design a. System Design Documentation At each design milestone b. Warranties At Construction Documents milestone c. Testing Plan At Construction Documents milestone d. Training Plan At Construction Documents milestone e. Power production modeling At Construction Documents milestone II. Procurements and Construction a. Quality Assurance / Quality Control (QA/QC) Plan 30 days before commencement of construction b. As-built Documentation After completion of Proving Period III. Testing a. System commissioning Results After System commissioning b. Startup Test Results After Startup Test c. Monitoring Data (Proving Period) Continually throughout Proving Period d. Proving Period Report 30 days after System Startup IV. Training a. Training Materials 30 days before Training Session b. Monitoring Manual 30 days before Training Session c. Operations & Maintenance Manual 30 days before Training Session 1.2.4 Solar Incentives If applicable, Design-Builder shall be responsible for City receipt of incentives, including all actions necessary to ensure compliance with the Utility's net metering program and all interconnection agreements and related documents for the City participation and utilization of the benefits of the program. Design-Builder shall attend all site verification visits conducted by the applicable utility or Governmental Authority and shall assist the City in satisfying the requirements of the Rebate Program. Design-Builder shall be responsible for providing updated documentation to Rebate Program administrators throughout the project, as required by rules of the relevant Rebate Programs. All incentives shall be paid to the City and used to offset the cost of the project. February 25, 2015 Page 2 Attachment A.2 — Design Specifications P274 SYSTEM DESIGN 1.2.5 Design Review Process/ Phases The City will review and approve design documentation based on the requirements in this RFP. Additional documents may be requested by the City as needed. The precise organization and format of the design submittals shall be agreed upon by Design-Builder and the City prior to the first design submission. The City will review all submittals, provide written comments, and conduct Design Review Meetings for each stage of the process. Design-Builder shall provide additional detail, as required, at each successive stage of the Design Review. Design-Builder shall not order equipment and materials until Schematic Design submittals have been approved. Design-Builder shall not begin construction until Construction Documents have been approved and all required permits have been obtained. The City will formally approve, in writing, each phase of the design and is the sole arbiter of whether each phase of the design has been completed.The Design-Builder shall not enter a subsequent design phase without the approval of the City. Design-Builder shall be held solely responsible for obtaining approvals from the City, including revising designs as necessary until they are given approval by the City and all other required entities and organizations. A description of requirements for each design phase is provided below. System design shall comply with all applicable laws, statutes, ordinances, codes, rules, and regulations for construction projects of jurisdictions with authority over the City. Design-Builder is responsible for providing designs approved by the appropriate professional engineers registered in the State of California. System designs must take into account City aesthetic issues and not conflict with any current City operations. 1.2.5.1 Schematic Design Design-Builder shall prepare Schematic Design documents consisting of drawings and other documents illustrating the scale and relationship of Project components, including but not limited to, schematic design studies, site utilization plans, PV array layouts, a shading analysis, electrical single-line diagrams, equipment lists and bills of material, identified interconnection point, and equipment cut sheets or specifications. All issues with existing City equipment that may interfere with the performance of the solar system or prevent the system from interconnection to the utility must be identified at the time of the schematic design submittal. Owner is responsible for non-solar infrastructure upgrades but necessary upgrades need to be identified early in the process (i.e. transformers, switchgear, etc.). 1.2.5.2 Design Development Design Development documents shall consist of elevations, cross sections, details and enlargements, and other drawings and documents necessary to depict the design of the Project. This submittal shall include architectural, civil, landscape, structural, geotechnical, mechanical and electrical design documents and equipment specifications to illustrate the size, character, and quality of the Project and demonstrate that it meets the performance specifications defined in this RFP. The Design Development documents shall represent 100% of the intended scope for the Project. 1.2.5.3 Construction Documents Design-Builder shall prepare Construction Documents (CDs) depicting the detailed construction requirements of the Project. CDs shall conform to all applicable governmental, regulatory, and code requirements, and all pertinent federal, state, and local permitting agencies. The CDs shall show the work to be done, as well as the materials, workmanship, finishes, and equipment required for the Project. CDs shall comply with and illustrate methods to achieve the performance specifications of this RFP. CDs shall be stamped by the engineer of record and any other required engineering disciplines. February 25, 2015 Page 3 Attachment A.2 — Design Specifications P275 System production will be updated to reflect final design. This production will be used for the Production Guarantee. The same assumptions will be used to establish as the original estimate. 1.2.6 Design-Builders' License Classification In accordance with the provisions of California Public Contract Code §3300, the City requires that Respondents possess, at the time of submission of a Proposal, at the time of award of the Agreement and at all time during construction activities, a General Contractor License (B) and Electrical Contractor License (C-10). It shall be acceptable for a Respondent that does not possess a C-10 License to list a Subcontractor with a C-10 License. A Solar Contractor License (C-46) is desired in addition, but not mandatory. 1.2.7 Design Submittals Design-Builder shall prepare a comprehensive submittal package for each phase of the Work that will be reviewed and approved by the City. Each submittal package shall include, at a minimum,the required elements that convey in sufficient detail for each phase of the design, the necessary documentation as follows: • Site Layout Drawings • Construction Specifications (trenching, mounting, etc.) • Equipment Layout Drawings • Detailed Drawings • Fire Access Lane Details (For the parking lot.) • Single-Line Diagrams • Network Connection Diagrams • Architectural Drawings • Mechanical Drawings • Geotechnical Drawings • Manufacturer's Cut Sheets • Equipment Specifications • Data Acquisition System (DAS) Specifications, Cut Sheets, and Data Specifications Design-Builder shall include adequate time for City review and approval of submittals, as well as re- submittals and re-reviews. Minimum City review time shall be ten (10) days from the date of receipt of each submittal package during each phase of the Design Review. 1.2.8 Technical Requirements 1.2.8.1 General Considerations All documentation and components furnished by Design-Builder shall be developed, designed, and/or fabricated using high quality design, materials, and workmanship meeting the requirements of the City and all applicable industry codes and standards. Reference is made in these specifications to various standards under which the Work is to be performed or tested. The installations shall comply with at least, but not limited to, the latest approved versions of the International Building Code (IBC), National February 25, 2015 Page 4 Attachment A.2 — Design Specifications P276 Electrical Code (NEC), Utility Interconnection Requirements, and all other federal, state, and local jurisdictions having authority. 1.2.8.2 Existing Conditions Design-Builder shall have thirty (30) days after the Contract has been executed to conduct detailed examinations of the Site(s). The examinations will confirm all measurements, specifications and conditions affecting the Work to be performed at the Site(s). Design-Builder shall request specific changes to the Services, Work, Guaranteed Substantial Completion Dates, Scheduled Final Completion Dates and Total System Price that are required in light of such examinations. Design-Build should include switchgear condition, transformer size, high voltage electrical lines, easements, underground utilities, etc. into the investigation. 1.2.8.3 Electrical Design Standards The design, products, and installation shall comply with at least, but not limited to, the following electrical industry standards, wherever applicable: • Electronic Industries Association (EIA) Standard 569 • Illumination Engineering Society of North America (IESNA) Lighting Standards • Institute of Electrical and Electronics Engineers (IEEE) Standards • National Electrical Manufacturers Association (NEMA) • National Electric Code (NEC) • Insulated Power Cable Engineers Association (IPCEA) • Certified Ballast Manufacturers Association (CBMA) • Underwriters Laboratories, Inc. (UL) • National Fire Protection Association (NFPA) • Utility(s) Requirements • American National Standards Institute (ANSI) • Occupational Health and Safety Administration (OSHA) • American Disabilities Act (ADA) • American Society for Testing and Materials (ASTM) • National Electrical Contractors Association (NECA) • National Electrical Testing Association (NETA) • International Building Code (IBC) • All other Authorities Having Jurisdiction 1.2.8.4 Modules In addition to the above, the PV modules proposed by Design-Builder shall comply with at least, but not limited to, the following: • IEEE 1262 "Recommended Practice for Qualifications of Photovoltaic Modules". • Modules shall be new, undamaged, fully warranted without defect. • Modules shall comply with the State of California SB1 Guidelines for Eligibility, listed at: http://www.gosolarcalifornia.org/equipmentlpv modules.php February 25, 2015 Page 5 Attachment A.2 — Design Specifications P277 • Modules shall have minimum maintenance requirements and high reliability, have a minimum 25-year design life, and be designed for normal, unattended operation. • All PV modules for this project shall be classified by the solar finance industry as Tier 1. • Acceptable mounting methods for unframed modules shall be provided by the manufacturer. Bolted and similar connections shall be non-corrosive and include locking devices designed to prevent twisting over the 25-year design life of the PV system. • If PV modules using hazardous materials are to be provided, then the environmental impact of the hazardous material usage must be disclosed, including any special maintenance requirements and proper disposal/recycling of the modules at the end of their useful life. 1.2.8.5 Inverters In addition to the above, inverters proposed by Design-Builder must comply with at least, but not limited to the following: • Inverters shall be suitable for grid interconnection and shall be compliant with all Utility interconnection requirements. • Inverters shall comply with the State of California SB1 Guidelines for Eligibility, listed at: http://www.uosolarcalifornia.orq/equipment/inverters.ohp • IEEE 929-2000—"Recommended Practice for Utility Interface of Photovoltaic Systems". • Inverters must automatically reset and resume normal operation after a power limiting operation. • The inverter shall be capable of continuous operation into a system with voltage variation of plus or minus 10% of nominal. The inverter shall operate in an ambient temperature range of -20°C to +50°C. • Inverters shall include all necessary self-protective features and self-diagnostic features to protect the inverter from damage (in the event of component failure or from parameters beyond normal operating range due to internal or external causes). The self protective features shall not allow the inverters to be operated in a manner which may be unsafe or damaging. • Inverters shall be true sine wave high frequency PWM with galvanic isolation. • Inverters shall be sized to provide maximum power point tracking for voltage and current range expected from PV array for temperatures and solar insolation conditions expected for Project conditions. • Inverters shall be capable of adjusting to "sun splash" from all possible combinations of cloud fringe effects without interruption of electrical production. • Isolation transformers shall be provided. • Inverters shall be UL 1741 and IEEE 1547 compliant. • Inverters shall have a TED < 5%. • Enclosures shall be rated NEMA 3R when the inverter is located outdoors. For outdoor installations in corrosive environments, NEMA 4X series 300 stainless steel enclosures must be used. • Power factor shall be 0.99 or higher. • Inverter selection shall take into account anticipated noise levels produced and minimize interference with City activities. • Inverters shall have a minimum efficiency, based on the device's power rating, meeting the following specifications: February 25, 2015 Page 6 Attachment A.2 — Design Specifications P278 Inverter Efficiency Requirements Inverter Power Rating Range Minimum Efficiency 1000+ kW 96% 500-999 kW 97% 250-499 kW 96.8% 100-249 kW 95.8% 50-99 kW 94.5% 0-49 kW 93.5% 1.2.8.6 Ground Mount Systems The ground mounting systems shall be designed and installed such that the PV modules may be fixed or tracking with reliable components proven in similar projects, and shall be designed to resist dead load, live load, corrosion UV degradation, wind loads, and seismic loads appropriate to the geographic area over the expected 25-year lifetime. The Design-Builder's design shall sufficiently respond to the design requirements imposed by Federal, State, and local jurisdictions in effect at the time of Agreement execution and any pending code decisions affecting the design shall be identified during Schematic Design. Design-Builder shall conduct an analysis, and submit evidence thereof, including calculations, of each structure affected by the performance of the scope. The analysis shall demonstrate that existing structures are not compromised or adversely impacted by the installation of PV, equipment, or other activity related to this scope. Mounting systems must also meet the following requirements at a minimum: • All structural components, including array structures, shall be designed in a manner commensurate with attaining a minimum 25-year design life. Particular attention shall be given to the prevention of corrosion at the connections between dissimilar metals. • Thermal loads caused by fluctuations of component and ambient temperatures shall be accounted for in the design and selection of mounting systems such that neither the mounting system nor the surface on which it is mounted shall degrade or be damaged over time. • Each PV module mounting system must be certified by the module manufacturer as (1) an acceptable mounting system that shall not void the module warranty, and (2) that it conforms to the module manufacturer's mounting parameters. • Final coating and paint colors shall be reviewed and approved by the City during Design Review. • Painting or other coatings must not interfere with the grounding and bonding of the array. 1.2.8.7 Shade Structure Requirements Design-Builder will be responsible for incorporating the following elements in the design and construction of the System: • All shade structures shall be installed with a fascia surrounding the exposed edge of the structure's purlins. • Shade structures and carports shall be designed in a manner to compliment and blend with the site and building architecture of each of the five project locations. The design-builder will be responsible to coordinate with the City early in the process to present conceptual drawings for review. February 25, 2015 Page 7 Attachment A.2 — Design Specifications P279 • Appurtenant equipment, including, but not limited to, inverter boxes and conduits, shall be screened from view to the maximum extent practical. Where design constraints do not permit screening, appurtenant equipment shall be painted to match the structure. • Shade structures located in parking lots shall have a concrete bollards installed on support posts. The bollards shall extend up to a minimum elevation of 36" above finished grade. • Efforts should be made to minimize loss of parking spaces. City Where site constraints permit, zero parking space loss shall be the design goal. • Shade structure columns, beams, and fascia shall be painted to match site colors or to a color of the City's approval. • Shade structures/carports shall have a minimum nine (9') foot vertical clearance with the exception of Fire Stations, which shall have a minimum fourteen (14') foot vertical clearance in areas identified. • Shade structures and all attached equipment shall be designed and installed so as to minimize the ability to climb structures. • Shade structures shall be installed such that the finished height of the array is uniform and is subject to the City's approval at design submittal. • Carport structural foundations shall be designed in accordance with preliminary geotechnical data. Foundations are assumed to be 12' deep and 3' above grade. • Designs shall be refined by Design-Builder based on site specific investigations performed with borings co-located within proposed array locations. 1.2.8.8 Roofing Requirements The installation of PV modules, inverters and other equipment shall provide adequate room for access and maintenance of existing equipment on the building roofs. A minimum of three feet of clearance will be provided between PV equipment and existing mechanical equipment and other equipment mounted on the roof. A minimum of four feet of clearance shall be provided between PV equipment and the edge of the roof. Clearance guidelines of the DSA as well as the local fire marshal shall be followed. The installation of solar systems of roof tops will be reviewed by the DSA for code compliance by adherence to the State Fire Marshal Solar Photovoltaic Installation Guideline. The PV equipment shall not be installed in a way that obstructs air flow into or out of building systems,or equipment. Proposed roof top mounted systems may be ballasted or penetrating systems and must meet or exceed the following requirements: • Systems shall not exceed the ability of the existing structure to support the entire solar system and withstand increased wind uplift and seismic loads. The capability of the existing structure to support proposed solar systems shall be verified by Design-Builder prior to design approval. • All racking systems shall allow for the District staff to perform roof inspection, cleaning, and maintenance operations with minimal obstructions from the racking; maintenance activities include, but are not limited to, leak identification, or repair once the solar system is installed. • Roof penetrations, if part of the mounting solution, shall be kept to a minimum. • Design-Builder shall perform all work so that existing roof warranties shall not be voided, reduced, or otherwise negatively impacted. • No work shall compromise roof drainage, cause damming or standing water or cause excessive soil build-up. • All materials and/or sealants must be chemically compatible. February 25, 2015 Page 8 Attachment A.2 — Design Specifications P280 • Thermal movement that causes scuffing to the roof must be mitigated as part of the mounting solution. • All penetrations shall be waterproofed. • Detail(s) for the sealing of any roof penetrations shall be approved in writing to the City, as well as the manufacturer of the existing roofing system, as part of system design review and approval — prior to Design-Builder proceeding with work. The City will make available the roofing manufacturer for each building for consultation with Design-Builder as part of the design process. • All roofing work shall be performed by a licensed roofing contractor who is certified by the roofing materials manufacturer for the specific materials or systems comprising each roof upon which a solar system will be installed. The roofing contractor shall also be safety prequalified City. • As part of the design submittals, Design-Builder shall include signed certificates from the roofing manufacturer stating: o The roofing contractor is certified installer of Complete Roofing System. o The manufacturer's Technical Representative is qualified and authorized to approve project. o Project Plans and specs meet the requirements of the warranty of the Complete Roofing System for the specified period. o Existing warranty incorporates the new roofing work and flashing work. • Any damage to roofing material during installation of solar systems must be remedied by Design- Builder. • The installation of PV modules, inverters and other equipment on building roofs will be designed to minimize visibility of the equipment from the ground. 1.2.8.9 System Security Requirements Design-Builder shall: • Utilize tamper-resistant PV module to rack fasteners for all PV module mounting. • Utilize tamper-resistant fasteners for all electrical fittings, pull boxes and other enclosures. • Design the solar system so that sensitive components are as protected against vandalism as possible. • Position inverter on/off switches so that they are not easily accessible while still maintaining fire code. 1.2.8.10 Corrosion Control • Each PV system and associated components must be designed and selected to withstand the environmental conditions of the site (e.g., temperatures, winds, rain, flooding, etc.)to which they will be exposed. • Particular attention shall be given to the prevention of corrosion at the connections between dissimilar metals. 1.2.8.11 Ancillary Equipment Enclosures Design-Builder will be responsible for incorporating the following elements in the design and construction of the System: February 25,2015 Page 9 Attachment A.2 — Design Specifications P281 • Screening/Fencing: all ancillary equipment shall be grouped to a single location per site and shall be surrounded by a fence or wall to prevent unauthorized access and shall be screened from view to the maximum extent practical. Fence or wall enclosures shall be designed to complement the surrounding materials and site conditions. Where design constraints do not permit screening, appurtenant equipment shall be painted to match the structure. • Location: all ancillary equipment shall be located in a manner that minimizes its impact to normal City operations and minimizes the visual impacts to the site. 1.2.8.12 Lightning and Surge Protection • Design-Builder shall utilize lightning arrestors to protect appropriate equipment from lightning strikes. • Design-Builder shall utilize surge suppressors to protect the appropriate equipment from electrical surges. 1.2.8.13 Wiring and Cabling Runs • Design-Builder shall layout and install all AC conductors in conduit. • Conduit buried underground shall be suitable for the application and compliant with all applicable codes. PVC shall be constructed of a virgin homopolymer PVC compound and be manufactured according to NEMA and UL specifications. All PVC conduit feeders shall contain a copper grounding conductor sized per NEC requirements and continuity shall be maintained throughout conduit runs and pullboxes. Minimum conduit size shall be 3/4'. A tracing/caution tape must be installed in the trench over all buried conduit. All underground conduits placed in trenches, buried under roadways, or swales shall be encased with red dyed concrete slurry cap. • Conduit installed using horizontal directional boring (HDB), shall include tracer tape or traceable conduit. The minimum depth of the conduit shall be per NEC 2011 Article 300.5. The Design- Builder is responsible for demonstrating that all conduits installed utilizing horizontal boring meets the minimum depth requirement and is solely responsible for any remediation costs and schedule impacts if the specification is not met. The HDB contractor must provide documentation of final depth and routes of all conduit installed in horizontal bores. • Conduit installed on building roofs shall not be installed near roof edges or parapets to reduce visibility. Any conduit penetrations through roof surfaces shall not be made within five (5) feet of the roof edge to reduce visibility. If conduit is installed on the exterior face of any building, it shall be painted to match the existing building color. In all cases, the visible impact of conduit runs shall be minimized and the design and placement of conduit shall be reviewed and approved by the City as part of Design Review. • Electro-metallic tubing (EMT) shall be used in indoor, above grade locations and where conduit needs to be protected from damage. EMT shall not be installed underground, outdoors, or embedded in concrete. EMT shall be cold-rolled zinc coated steel and be manufactured to UL and ANSI standards. Fittings shall be watertight and malleable gripping ring compression type. Pressure cast material for nuts of compression ring type fittings and set-screw type connections are not acceptable. • Galvanized Rigid Conduit (GRC) shall be used where exposed to weather or where subject to physical damage in exposed areas. GRC shall be continuous hot-dipped galvanized manufactured per UL and ANSI requirements. Rigid aluminum conduit is not acceptable. Conduit bodies for use with steel conduit, rigid or flexible, shall be manufactured per UL requirements and shall be cast metal with gasketed closures. Fittings for GRC conduit shall be malleable iron or forged steel with cadmium or zinc coating. Union couplings for joining rigid February 25, 2015 Page 10 Attachment A.2 — Design Specifications P282 conduit at intermediate runs shall be of the same material as the conduit. Couplings shall be threaded concrete-tight to permit completing conduit runs when neither conduit can be turned and to permit breaking the conduit run at the union. Set screw connectors are not acceptable. • Minimum conduit size shall be 3/4". • All conduits, boxes, enclosures, etc. shall be secured per NEC 690 requirements. • All conductors shall be insulated copper rated for 600V, maximum. DC conductors shall be USE- 2 600V UL Listed Sunlight resistant wire. • All items shall be U.L. listed and shall bear the U.L. label. • All spare conduits shall be cleaned, mandrelled, and provided with a pullwire. Spare conduits shall be required for security cameras for ground mount systems. • All feeders and branch circuits shall be sized to minimize voltage drop and losses and shall be in compliance with NEC requirements. • Design-Builder shall furnish, install, and connect combiners and recombiners as necessary to complete the System. Enclosures for combiners and recombiners shall be NEMA 4 or 4X rated. • All systems, conduit, boxes, components, etc. shall be grounded and bonded per NEC requirements and in accordance with Section 1.2.8.14. • Design-Builder will be responsible for locating, identifying and protecting existing underground utilities conduits, piping, substructures, etc. and ensuring that no damage is inflicted upon existing infrastructure. • Design Builder shall install the exposed string cable homeruns along the beams or structure where the combiner box is installed. • All exposed string wiring must be installed above the lower surface of the structural purlins and beams. Wire loops under framing members are not acceptable. 1.2.8.14 Grounding and Bonding • • Module ground wiring splices shall be made with irreversible crimp connectors. • All exposed ground wiring must be routed above the lower surface of any structural framing. • For shade structure installations, grounding electrode conductors shall be bonded to structure columns either just below grade or below the top surface of concrete bollards. 1.2.8.15 System Security Requirements • Design-Builder shall utilize tamper-resistant PV module to rack fasteners for all PV module mounting. • Design-Builder shall utilize tamper-resistant fasteners for all electrical fittings, pull boxes and other enclosures. 1.2.8.16 Meters • Design-Builder shall supply and install Utility approved a Net Generation Output Meter (NGOM) for each PV system. • Generation Meters shall use Internet Protocol (IP)communication and shall not require a custom network for connection. • Generation Meters shall have the capability to store metered data (including instantaneous kW, kWh, voltage, current, and phase information) in fifteen (15) minute intervals and retain such information for at least seven (7) days. February 25,2015 Page 11 Attachment A.2— Design Specifications P283 1.2.8.17 Shade Structure Lighting • Installation of shade structure PV systems in all locations shall include and the installation of new security high efficiency lighting. Installation of shade structure PV systems shall include the removal of existing security light poles, foundations, and fixtures that are no longer effective. • Lighting shall be LED lighting or other similar energy efficient lighting system. • New parking lot fixtures shall be installed to provide parking lot illumination compliant with IESNA requirements or recommendations for illumination and safety. • Minimum horizontal illuminance of one (1) foot-candle shall be maintained at ground level with a uniformity ratio (maximum to minimum) of 15:1. • The new lighting is required to illuminate the entire parking area and adjacent pedestrian walkways affected by the removal of existing lights, not just the area under the PV modules. • A photometric illumination plot must be submitted for each parking lot showing all existing lighting and proposed new SSS canopy lighting. • Submit California Title 24 Outdoor Lighting calculations with all lighting drawings and show evidence of compliance. Photocell controls shall be used in conjunction with a lighting control system for all exterior lighting and energize lighting when ambient lighting levels fall below two (2) foot-candles measured horizontally at ground level. Lighting shall also be permitted to operate manually without regards to photocell input. Replacement parking lot lighting shall be served from an existing parking lot lighting circuit and any existing circuits and existing control function shall be maintained, or if replaced, done so at the approval of the City. 1.2.8.18 Monitoring System, DAS, and Reporting Design-Builder shall design, build, activate and ensure proper functioning of Data Acquisition Systems (DAS) that enable the City to track the performance of the PV Systems as well as environmental conditions through an online web-enabled graphical user interface and information displays. Design- Builder shall provide equipment to connect the DAS via existing Wi-Fi network or cellular data network at all locations. The means of data connection will be determined during design. The City will pay for the cost of cellular data service if needed, but not for the modem or other equipment needed to connect to the cellular network. The DAS(s) shall provide access to at least the following data: • Instantaneous AC system output (kW) • PV System production (kWh) over pre-defined intervals that may be user configured • AC and DC voltage • Horizontal and in-plane irradiance (at least three (3) sensors for each, at different positions in the array) • Ambient and back-of-cell temperature (at least two (2) sensors for each, at different positions in the array) • Inverter status flags and general system status information • System availability • Site Load information. Available load data for the meter the system is connected to shall be collected by the solar monitoring solution as part of the DAS. Environmental data (temperatures, wind speed, and irradiance) shall be collected via an individual weather station installed for each system at the City. February 25,2015 Page 12 Attachment A.2 — Design Specifications P284 Data collected by the DAS shall be presented in an online web interface, accessible from any computer through the Internet with appropriate security (e.g., password controlled access). The user interface shall allow visualization of the data at least in the following increments: 15 minutes, hour, day, week, month, and year. The interface shall access data recorded in a server that may be stored on-site or remotely with unfettered access by the City for the life of the Project. The online interface shall enable users to export all available data in Excel or ASCII comma-separated format for further analysis and data shall be downloadable in at least 15 minute intervals for daily, weekly, monthly and annual production. The Monitoring system shall enable City staff to diagnose potential problems and perform remediating action. The monitoring system shall provide alerts when the system is not functioning within acceptable operating parameters. These parameters shall be defined during the design phase of the Project and specified in the DAS design document. Additionally, Design-Builder shall provide the following reports for the life of the Project: • Monthly Production report shall be available online to the City personnel. • Annual Performance report shall be sent electronically to the City personnel. • System performance data shall be made available electronically to the City in a format and at a frequency to be determined during the Design Review process. • Additional reports shall be made available to the City to assist the City in reconciling system output with utility bills and the production guarantee, as determined in the Design Review process. A Monitoring Manual shall be provided to the City in printed or on-line form that describes how to use the monitoring system, including the export of data and the creation of custom reports. 1.2.8.19 Wind Loads Solar structures and its connection shall be designed for a minimum wind speed Vasd 85 miles per hour and Vult 110 miles per hour in accordance with table 1609.3.1 of the 2013 CBC or current edition. The Wind Exposure shall be Surface Roughness C. 1.2.8.20 Other Considerations • All Balance of Systems (wiring, components, conduits, and connections) must be suited for conditions for which they are to be installed. • Local DC and AC disconnects shall be located in accessible locations near inverters. • Outdoor enclosures shall be rated NEMA 3R, NEMA 4, or NEMA 4X. 1.2.8.21 Permits and Approvals Design-Builder shall produce required documentation in sufficient detail to obtain all regulatory approvals requested for design, construction and operation of the system, including but not limited to all federal, state, and local permits. Local permits shall include land use entitlements from the Planning Department (Site Development Review) and Building Permits from the Building and Safety Department and Fire District. Securing all approvals, all permits and paying all fees shall be the sole responsibility of Design-Builder.To that end, Respondent shall provide a design that is acceptable to the state, county, and local authorities having jurisdiction over this project. The proposed design shall be suitable for construction under the guidelines and regulations in effect at the time the Agreement is executed. The February 25, 2015 Page 13 Attachment A.2— Design Specifications P285 City will not accept responsibility for cost increases or delays resulting from inaccurate interpretation of existing codes and standards. 1.2.8.22 FAA Requirements Design-Builder shall be responsible to submit the appropriate FAA Form 7460-1, along with any other required forms and documentation, for all proposed PV systems within the approach or takeoff paths or on the property of airports as defined by the Code of Federal Regulations Title 14 Part 77.9. 1.2.8.23 Interconnection Design-Builder is responsible for obtaining all necessary Utility interconnection approvals for each PV system being installed. Design-Builder must comply with all interconnection requirements, such as CPUC Rule 21 for the Utility service territory. Design-Builder is responsible for the proper planning and scheduling of interconnection approvals and any potential interconnection study. Systems installed as part of this project will take advantage of Net Energy Metering (NEM) and Aggregate Net Energy Metering (ANEM). Design-Builder shall be responsible for ensuring the system design and interconnection qualifies for NEM and ANEM. 1.2.8.24 Production Modeling Production modeling of the PV systems shall be performed using PVSYST or equivalent modeling software using the most appropriate available TMY3 weather data. The simulations shall accurately simulate energy production for proposed system layouts, sizes, and orientation. It is critical that PV production models are accurate with all methodology and assumptions described. The City will independently verify production models are accurate to the designed systems and utilize simulation results for economic evaluations. Design-Builder shall be responsible for updating the production models each time sufficient changes are made to the proposed system designs that will impact production. 1.2.8.25 Shading Design-Builder shall adhere to the following requirements in order to avoid excessive shading on modules. For any object near an array that is higher than the lowest point of that array by height H, Design-Builder shall locate the array farther from the object than: • 3H to the North of the object • 3H to the East or West of the object • 3H to any non-cardinal direction of the object Any Design-Builder whose system design does not adhere to these rules shall perform a shading analysis justifying the basis for their design, including any proposed tree removal, and explaining why shading does not create an adverse performance and/or economic impact. Any trees that are in the footprint of systems to be installed by the Design-Builder shall be removed by the Design-Builder at their expense, subject to the approval of the City. A tree shall be considered to be in the footprint of a system if its canopy would extend over any part of the system, including structural components or modules. The City will remove or prune, at its discretion, trees planted outside of the work area that shade PV systems (at present time or in the foreseeable future), provided the Design- Builder identifies these trees during the design process. The Design-Builder shall be responsible for any required tree remediation efforts resulting from tree removal. February 25, 2015 Page 14 Attachment A.2— Design Specifications P286 1.2.8.26 Warranties Design-Builder shall provide a comprehensive ten (10) year warranty on all system components against defects in materials and workmanship under normal application, installation, and use and service conditions. Additionally, the following minimum warranties are required: • PV Modules: The PV modules are to be warranted against degradation of power output. PV modules used in this project shall have at least a 20-year product warranty from the manufacturer from the date of sale. After the 20 year warranty period at least 70% of the original output shall be guaranteed. • Inverter: The inverter shall carry an extended warranty of at least ten (10) years. • Meters: At minimum, meters shall have a one (1) year warranty. For meters integrated in inverters, the meter warranty period must match the inverter. • Mounting system: twenty (20) year warranty, covering at least structural integrity and corrosion. • Balance of system components: the remainder of system components shall carry manufacturer warranties conform to industry standards. All work performed by Design-Builder must not render void, violate, or otherwise jeopardize any preexisting City facility or building warranties or the warranties of system components. 1.3 PROCUREMENT/CONSTRUCTION 1.3.1 Scope of Supply Design-Builder shall provide all necessary labor, materials, equipment, and services required to install complete integrated turnkey PV systems. Design-Builder shall supply all solar modules, mounting equipment, inverters, AC and DC disconnect switches, metering, related wiring, monitoring equipment, and all ancillary equipment necessary to install the PV system and interconnect it to the City electrical distribution system. The PV system installations shall comply with all contract requirements, technical specifications, approved design documents, and applicable regulatory codes and requirements. Design-Builder shall submit As-Built Construction Drawings in hard copy with four (4) sets and an electronic copy in DWG format on compact disc to the City after completion of the Proving Period for each system at each site. 1.3.2 Materials and Equipment Materials and equipment incorporated in the Work shall be new and suitable for the use intended. No material or equipment shall be used for any purpose other than that for which it is designed, specified or indicated. Design-Builder shall use means necessary to protect the materials and equipment before, during and after installation. Design-Builder shall promptly replace lost or damaged materials and equipment with equal, or City-approved, replacements, or repair them, at no additional cost to the City. 1.3.3 Quality Assurance and Quality Control Design-Builder shall implement a Quality Assurance / Quality Control (QA/QC) plan for construction activities on City sites. At least 30 days prior to the planned commencement of construction, Design- Builder shall submit a copy of the QA/QC Plan for review and approval by the City. February 25,2015 Page 15 Attachment A.2 — Design Specifications P287 To ensure the highest quality of the installation, Design-Builder shall: • Implement policies and procedures to ensure proper oversight of construction work, verification of adherence to construction documents and contractual requirements, and rapid identification and mitigation of issues and risks. • Utilize best practice methods for communicating progress, performing work according to the approved Project schedule, and completing the Project on-time. • Keep the Site clean and orderly throughout the duration of construction. All trash and rubbish shall be disposed of off-site by licensed waste disposal companies and in accordance with applicable Law. • Provide equipment marking, as well as labeling and signage for the Project that shall be removed after Project completion. • Fully comply with all applicable notification, safety and Work rules (including City safety standards) when working on or near City facilities. • Route all electrical collection system wiring and conduits in a neat and orderly fashion and in accordance with all applicable code requirements. All cable terminations, excluding module-to- module and module-to-cable harness connections, shall be permanently labeled. • Provide all temporary road and warning signs, flagmen or equipment as required to safely execute the Work. Street sweeping services shall also be provided as required to keep any dirt, soil, mud, etc. off of roads. Comply with all state and local storm water pollution prevention (SWPP) ordinances. 1.4 TESTING Following completion of construction, Design-Builder shall provide the following services related to startup and performance testing of the PV systems: • System commissioning • System Startup • Proving Period A detailed Testing Plan covering each of the phases above shall be submitted and approved by the City prior to substantial completion of construction. A detailed description of each phase is provided below. 1.4.1 System Commissioning Design-Builder shall perform a complete system commissioning for each PV System. The system commissioning procedures include component tests as well as other standard tests, inspections, safety and quality checks. All testing and commissioning shall be conducted in accordance with the manufacturer's specifications. The section of the Testing Plan that covers System commissioning shall be equivalent or superior to both the CEC (California Energy Commission) "Guide to Photovoltaic (PV) System Design and Installation", Section 4 and ASTM International Standards E2848 and E2939. The testing plan shall cover at least the following: • Detailed test methods, including sample calculations and reference to standards as required or applicable, and list of tested equipment. • Pre-test checklist to ensure readiness and any safety measures are in-place. February 25, 2015 Page 16 Attachment A.2 — Design Specifications P288 • Details of all necessary adjustments, balancing, required equipment isolation or configuration, test equipment and instruments, calibration, and personnel needed. • Acceptance Criteria: For each test phase, specifically indicate what is considered an acceptable test result. The System commissioning section of the Testing Plan shall include (but not be limited to) the following tests: • String-level testing for all PV strings. • Inverter testing for all inverters. The inverters shall be commissioned on-site by a qualified technician and shall confirm that the inverter can be operated locally per specification and that automatic operations such as wake-up and sleep routines, power tracking and fault detection responses occur as specified. • Testing of all sensors of the DAS. • Testing of the Data Presentation interface of the DAS. After Design-Builder conducts all System commissioning based on the Testing Plan approved by the City prior to substantial completion, Design-Builder shall submit a detailed System commissioning Report to the City for review. The System Commissioning Report shall document the results of the tests conducted following the Testing Plan, and include additional information such as the date and time each test was performed. It shall also make reference to any problem and deficiencies found during testing. If there was troubleshooting done, the Report shall describe the troubleshooting.methods and strategy. Design- Builder shall be responsible for providing the labor and equipment necessary to troubleshoot the System. 1.4.2 System Startup Following City approval of the System commissioning Report, Design-Builder shall conduct tests over twenty-four (24) hours and at a time resolution of fifteen (15) minutes, recording the following data: • Average AC output (kW) • Average DC output (kW) • Hourly PV system production (kWh) • AC and DC voltage • Horizontal and in-plane irradiance • Ambient and cell temperature • Inverter status flags and general system status information These data points shall be presented in a manner that best depicts the actual performance of the system for City review and approval and shall be submitted as part of the Startup Test Report. 1.4.3 Proving Period (30 days) Upon completion of system commissioning, utility permission to operate (PTO), and System Startup, and approval by the City, Design-Builder shall monitor the system during a thirty (30) day Proving Period and submit a report for City review and approval prior to final acceptance by the City. This includes monitoring system output and ensuring the correct functioning of system components over this time. The values for the following data shall be acquired every fifteen (15) minutes over thirty (30) days: February 25, 2015 Page 17 • Attachment A.2 — Design Specifications P289 • AC system output (kW) • PV system production (kWh) • AC and DC voltage • Horizontal and in-plane irradiance • Ambient and cell temperature • Inverter status flags and general system status information • System availability Design-Builder shall utilize calibrated test instruments and the DAS and monitoring system to collect the test data described above, which shall be made available to the City for access throughout the Proving Period. Pyranometers must be properly cleaned and provide irradiance measurements within 5% of one another. Design-Builder shall determine through analysis of data from the Proving Period whether the PV system delivers the expected production as determined by the final approved design (i.e., Construction Documents). Expected production calculation methodology must be described and the calculations provided. Actual production shall be compared against expected production using actual weather data and other system inputs(such as module cell temperature factor, module mismatch, inverter efficiency, and wiring losses) for calculating expected production. The production figures for all meters, whether existing or installed by or on behalf of the IOU or by or on behalf of the Respondent, shall be correlated during this test to verify their accuracy in measuring system production. If the PV system does not perform to design specifications, diagnostic testing shall be performed by Design-Builder, deficiencies shall be identified with proposed corrective actions submitted to the City, and the Proving Period test repeated. Design-Builder shall be responsible for providing the labor and equipment necessary to troubleshoot the system. The Proving Period Report shall be submitted after the successful completion of this phase and submitted to the City for review and approval. The report shall contain, but not be limited to, the following information; calculations shall be provided in Excel format with formulas visible to allow for peer review: • System description • Test period • Test results • Anomalies identified during test • Corrective action performed • Actual measured performance • Calculations detailing expected performance under TMY conditions 1.5 OPERATIONS AND MAINTENANCE Design-Builder shall include a separate Operations and Maintenance services for twenty(20) years with their Proposal. The City reserves the right to not execute the Operations and Maintenance services agreement provided by the Contractor. In offering such services, Design-Builder shall perform all necessary preventive and corrective maintenance, which includes routine maintenance adjustments, replacements, and electrical panel/transformer/ inverter cleaning (interior and exterior) with supporting documentation delivered to the City after the Work has been performed. Maintenance by Design-Builder shall ensure that all warranties, particularly inverter warranties, are preserved.The frequency and timing of panel wash-downs shall be determined by Design-Builder based on system monitoring data. Environmental sensors such as pyranometers shall be tested and recalibrated at least once a year. Design-Builder shall perform the following maintenance services, at a minimum, as described in the following sections: February 25, 2015 Page 18 Attachment A.2 — Design Specifications P290 1.5.1 Preventative Maintenance Preventive Maintenance shall be performed at least annually and include: • System testing (voltage/amperage) • System visual inspection and necessary corrections: o Inspect for stolen, broken or damaged PV modules, record damage and location. Report to the City and wait for the City to authorize a course of action. o Inspect PV wiring for loose connections and wire condition. Resolve issues as needed or report larger issues to the City. o Inspect for wires in contact with the structure or hanging loose from racking and resolve issues as needed. o Check mechanical attachment of the PV modules to the racking and resolve issue as needed. o Check attachment of racking components to each other and the structure and resolve issue as needed. o Verify proper system grounding is in place from panels to the inverter and resolve issue as needed. o Check conduits and raceways for proper anchorage to structures and resolve issue as needed. o Inspect all metallic parts for corrosion and resolve issue as needed. o Check combiner boxes for proper fuse sizes and continuity and resolve issue as needed. o Inspect all wiring connections for signs of poor contact at terminals (burning, discoloration, etc) and resolve issue as needed. o Inspect disconnects for proper operation and resolve issues as needed. o Survey entire jobsite for debris or obstructions and resolve issues as needed. o Inspect fasteners for proper torque and corrosion and resolve issues as needed. o Inspect inverter pad for cracking or settling and resolve issues as needed. o Inspect electrical hardware for proper warning and rating labeling and resolve issues as needed. o Review as built documentation as needed. o Inspect alignment of arrays and racking to identify settling foundations or loose attachments and resolve issues as needed or report issues to the City. o Inspect operation of tracking hinges, pivots, motors and actuators if present and resolve issues as needed. o Check for proper operation and reporting of monitoring hardware and resolve issues as needed. o Inspect sealed electrical components for condensation buildup and resolve issues as needed. o Inspect wiring and hardware for signs of damage from vandalism or animal damage and resolve issues as needed. • Routine system maintenance to include correction of loose electrical connections, ground connections, replacement of defective modules found during testing, other minor maintenance repair work. • Module cleaning, at a frequency to be determined by the ongoing monitoring of the system, but not less often than twice a year. • Routine DAS maintenance to include sensor calibration and data integrity check. 1.5.2 Troubleshooting, Inspection and Additional Repairs • February 25, 2015 Page 19 Attachment A.2 — Design Specifications P291 • Dispatch of field service resources within two business days of notification (via automated or manual means) for repairs as necessary to maintain system performance. • Any corrective action required to restore the system to fully operational status shall be completed within 24 hours of the service resources arriving on-site. • Major system repairs, not to include mid-voltage switchgear or transformers. 1.5.3 City Service Support • Support telephone line made available to City staff to answer questions or report issues. • Support line shall be staffed during operational hours from 8 am —6 pm California Standard Time. During times outside of this operational period, an urgent call shall be able to be routed to a supervisor for immediate action. 1.5.4 Maior Component Maintenance and Repair • Inverter repair and component replacement and refurbishment as required in the event of • inverter failure. • Inverter inspection and regular servicing as required under inverter manufacturer's warranty specifications. Those include but are not limited to the following annually: o Check appearance/cleanliness of the cabinet, ventilation system and all exposed surfaces. o Inspect, clean/replace air filter elements o Check for corrosion on all terminals, cables and enclosure. o Check all fuses. o Perform a complete visual inspection of all internally mounted equipment including subassemblies, wiring harnesses, contactors, power supplies and all major components. o Check condition of all the AC and DC surge suppressors. o Torque terminals and all fasteners in electrical power connections. o Check the operation of all safety devices (E-stop, door switches). o Record all operating voltages and current readings via the front display panel. o Record all inspections completed. o Inform inverter manufacturer of all deficiencies identified. o Oversee inverter manufacturer performance of In-Warranty replacement of failed inverter components. • City advocacy with vendors. 1.5.5 Other System Services • O&M Manuals — Design-Builder shall provide three (3) copies of O&M Manuals. Updated editions of O&M Manuals shall be sent electronically to the City as they become available. • Management of long term service and warranty agreements, ongoing. • Design-Builder shall log all maintenance calls and document all maintenance activities. These activities shall be presented in a report, which is to be submitted to the City on a minimum monthly basis. O&M services shall be priced separately from the design and construction of the PV system. Design- Builder shall submit a detailed description of their O&M services, detailing the activities and the intervals at which they will be performed, with their Proposal. 1.6 PERFORMANCE GUARANTEE February 25, 2015 Page 20 Attachment A.2 — Design Specifications P292 Contractor shall offer a Performance Guarantee for twenty (20) years with their Proposal. The cost of the Guarantee shall be included in Appendix B.2. The City reserves the right to not execute the Performance Guarantee. The Performance Guarantee obligates the Contractor to compensate the City for the cost of utility electricity purchases that the City would not have incurred had the PV System performed at a 100% level of performance. The cost of utility will be established and incorporated into the final Performance Guarantee language. The guaranteed annual output shall be decreased by an appropriate PV module degradation. Determinations of under-performance (i.e., the amount of kWh below the guaranteed output level), if any, shall be made every five years. Contractor is not entitled to any payments for over production. Guaranteed performance levels shall be adjusted to account for any changes in the proposed system design and will be appropriate for the final designed system. Downward adjustments in expected performance may be permitted in the following cases: 1. There is any failure of the System to perform caused by legislative, administrative or executive action, regulation, order or requisition of any federal, state or local government, local utility or public utilities commission; 2. There is an event of Force Majeure as defined in the Contract executed between the University and Contractor; 3. An act of vandalism results in reduced system performance; or There are changes related to the Site, or buildings at or near the Site, without the prior written approval of Contractor, that can be reasonably expected to reduce solar PV performance. In cases 1-3 above, Contractor shall develop and submit for approval an estimate of the lost kWh output attributable to these causes and the performance requirement for the applicable year shall be adjusted accordingly. Downward adjustments in the guaranteed output level may not be made for reasons of equipment underperformance, malfunction, or failure, whether or not the equipment is under warranty. 1.7 TRAINING The Respondent shall provide twelve (12) hours of on-site training for City personnel in all aspects of operation, routine maintenance, and safety of the PV systems, DAS, and monitoring solution. At a minimum, training topics shall include the following: • PV system safety, including shut-down procedures • PV module maintenance and troubleshooting • Structural elements maintenance and repair guidelines • Inverter overview and maintenance procedures • Calibration and adjustment procedures for the inverters and tracking systems (if any) • Solar panel replacement • DAS and monitoring solution, including standard and custom reporting Design-Builder shall submit a proposed Training Plan during the design process for approval and provide all training materials and manuals to support on-site training in advance of scheduled training sessions (see schedule of submittals in Section 2.2.3, "Submittals"). The on-site portion of the training February 25, 2015 Page 21 Attachment A.2 — Design Specifications P293 program shall be scheduled to take place at the jobsite at a time agreeable to both the City and Design- Builder. 1.8 EDUCATIONAL PROGRAMS Design-builder may offer an educational program consisting of the following elements: • Community Outreach for project • Frequently Asked Questions (FAQ) • On-Site Informational Signage • Informational brochure and project specifics The educational program shall leverage the installed solar systems as well as available data from the DAS and monitoring systems. Optional educational programs may also be deployed. February 25,2015 Page 22 Attachment B.1—Experience Form P294 Experience and Past Projects Form This form must be submitted in a separate sealed envelope with the RFP number,project title and contractor name on the envelope cover,titled"Experience Form Worksheet". Indicates Input Cell Part 1-Summary of Project Experience Below,list the number of PV projects installed within thepast five years in which the Contractor(acting as main General Contractor)and at least one member of their proposed team worked together.Projects completed in other sectors(commercial,schools,etc.)may be featured in the Reference Projects section below. Projects By Financing Approach In California For local Governments In CA #Completed Size(kWp DC) #Completed Size(kWp DC) Cash Purchase PPA Lease Other' Total 0 0 0 0 •Describe"other"financing approach(s)here. Part 2-Reference Projects Please provide the following information for at least 5 PV projects in California where the Contractor(acting as main General Contractor)and at least one member of their proposed team worked together. At least one of the reference projects must be for a public-sector client in California. Project 1 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Project 2 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Project 3 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Project 4 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Project 5 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Exhibit B.4•RFP 901098 Page 1 Attachment 8.1—Experience Form P294 -1 Project 6 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partners) Project 7 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Project 8 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Project 9 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Project 10 Location Size Client Client Financing Type Project Contact Name Project Contact Email Project Contact Phone Financing Partner(s) Exhibit B.4 REP 901098 Page 2 P295 co it Q. S. W t il L ea E 7 U VT N in in in in an UT VT N VT VT in VT VT VT VT VT VT VT VT in to in 61 C d V O. W V) V VT VT Y Ol Q/ {..1 co I 0 VT N VT in O N al U. as c N R a C C A OG VT N VT an C_ O v 2 in VT an an co a P. P. C 1.7 U r: y 0. vT in VT N s — — z N• -0— -c a CO - •C13 �r CD E E E a- 0 _ LL LL _ c LL U O C C W 0 Ia a 3 .,o u -0 . c J ! t o d v 3 o i O_se o o V1 0 s *. `is d n .n o E E c a "T L c v 8 - a, .c c o y '' m o g C v 01 Q c ' v = ° m 2 .1' c o u iv n a IC n n• � a o ' c. g u c E° a ` C 2 d o d m v, -2 -o t l7 C o a D v _ v u v o o g ozi S of . ea u (5 8 3 4 c y v ° U u � ° N O c v Y E ■c « O o 'u d Q 0 ° c n d E Y = O - °° m j ,_ 0 m c ° u E . Y Q i CO — L j 0 ° 7 V ,..E; 7 E a . >� r, g- o N mO — ^ g n N L n n n g Y g 4- ° n C ° � a¢ w - c) ` o v o ti 4 a . n v o '5 .1 a v ` tn CL '0 L. 00 m .. C O u y s Q N O. V N 0 c O ° e N at? o C �n a a! C al ° C O ec C m a N a! V d a d m C Op Q S, E as o E . v v m 0 o v ` m o o C N o o U 1-. U D " O v L C Oi y t o y o N y -C o r r o o r o c 3 .= c O u 0 n N d (D C .^ O N d U e al U v) vl 5 U V v) cc U (a c : L m d N 2 E , C E O 0.23 .— i' • Q Q 2 N > O `e. R Q O N N a n a ti >1.S6Zda a 'n O. u - C cx i a P296 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS 1. Pre-Qualification —Vendors wishing to submit a Quote, Bid or Proposal response must be registered as a Vendor with the City of Rancho Cucamonga. Only those responses received from registered Vendors will be accepted. Responses must be submitted by the same Vendor that has downloaded the Request for Quote, Bid or Proposal from the Bid system. This information is indicated in the system and provides the ability to tabulate the responses in accordance to the named Vendors. Submitting a response under a Vendor name that does not appear to be on the Notified or Prospective Bidders list will be deemed as non-responsive and disqualified from the process. PLEASE NOTE: Failure to register for this solicitation may disqualifii your submittal. 2. All prices and notations must be typewritten or written in ink. No erasures permitted. Mistakes may be crossed out and corrections made adjacent, and must be initialed in ink by person signing the submittal. 3. Propose each item separately. Prices should be stated in units specified and without CA sales tax, unless otherwise advised. 4. Use of City provided documents is a requirement. If you submit more than one solicitation response, photocopy the City provided documents. Informal Quotes may be submitted electronically via the City's Bid System, or as instructed in the Request for Quote package. Formal Bid and Proposal responses must be submitted in a SEALED envelope, clearly marked with the solicitation number and title on the outer most packaging, and must be received by the City of Rancho Cucamonga Purchasing Division, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730, not later than the hour and day specified in the Request for Bid or Request for Proposal package. 5. Time of delivery is part of the consideration and must be stated in definite terms; and must be adhered to. If delivery varies on different items, the Vendor shall so state for each item. 6. Payment Terms of less than thirty (30) days for cash discount will be considered as net. Cash discount period will be computed either from the date of delivery and acceptance of the goods ordered or the date of receipt of correct and proper invoices, prepared in accordance with the terms of our purchase order, whichever date is later. 7. The City of Rancho Cucamonga's standard freight terms are FOB: Destination. 8. A responsible officer or employee must sign with the Vendor's name on all submittals. Obligations assumed by such signature must be fulfilled. 9. No charge for transportation, packing, drayage, inspection on deliveries which do not meet the specifications or are above those quoted will be allowed. 10. In case of default by the Vendor, the City of Rancho Cucamonga may procure the articles or service from other sources and may deduct from unpaid balance due to the Vendor, or may bill for excess costs so paid, and the prices paid by the City of Rancho Cucamonga shall be considered the prevailing market prices paid at the time such purchase is made. 11. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non-infringing. This covenant shall survive the termination of this Agreement. P296-1 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS 12. The Vendor will not be held liable for failure or delay in fulfillment if hindered or prevented by fire, strikes, or Acts of God. Vendor shall be excused from performance hereunder during the time and to the extent that he/she is prevented from obtaining, delivery on, or performing in the customary manner, by acts of God, fire, war, strike, loss or shortage of transportation facilities,lockout or commandeering of raw materials, product plants or facilities by the government. Vendor shall provide the City satisfactory evidence that nonperformance is due to other than fault of negligence on Vendors part. 13. Vendors may be considered non-responsive and disqualified resulting in the rejection of submittal for any of, but not limited to, the following causes: a. Failure to use the forms furnished by the City, b. Failure to be registered as a Vendor, c. Failure to submit response under registered Vendor name, d. Lack of signature by an authorized representative on the submittal form, e. Failure to properly complete the submittal, f. Evidence of collusion among Vendors, g. Unauthorized alteration of submittal form, h. Not received by specified due date. 14. Submittals are subject to acceptance at any time within ninety (90) days after opening, unless otherwise stipulated. 15. Verify your submittal before submission, as they cannot be withdrawn or corrected after being opened. In the event of a calculation error, the unit price shall prevail. 16. The City of Rancho Cucamonga pays California Sales Tax regardless of Vendor's place of doing business and is exempt from Federal Excise Tax. Unless otherwise specified, DO NOT include sales tax in your response. 17. Accounts paying for transportation of property to the City of Rancho Cucamonga are exempt from 'Federal Transportation Tax. An Exemption Certificate is not required where the shipping papers show the consignee as City of Rancho Cucamonga; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. 18. The articles covered by the response must conform to safety orders of, but not limited to, OSHA, CALOSHA, NFPA and/or NIOSH. 19. CONFLICT OF INTEREST: Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. Contractor has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor Standard Terms& Conditions Pg. 2 of 7 Date Last Revised:06/21/2012 P297 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described above. 20. Municipal Ordinances may require the issuance of a City of Rancho Cucamonga Business License as a condition precedent to being engaged as a contract Vendor by the City of Rancho Cucamonga. 21. The City hereby agrees to make payment to Vendor's cost for all government mandated equipment requirements enacted after the award, which affect the Vendor's ability to supply the specified equipment. 22. A written Purchase Order mailed, or otherwise furnished to the successful Vendor within the time for acceptance specified, shall result in a binding Agreement without further action on either part. This Agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California. 23. QUANTITY ADJUSTMENT: When applicable, it is mutually accepted that the quantities defined in this document reflect the approximate City requirements and may be either decreased or increased and honored at stated prices as proposed. 24. WARRANTIES: Vendor will fully warrant all materials and equipment for a period of not less than one (I) year from date of final acceptance by the City unless otherwise noted. All warranties, standard and extended, shall be shown on any units offered, and all costs related to the servicing of said warranties shall be clearly stated on submittal form. 25. APPLICABLE LAW AND VENUE: The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 26. AWARD: The City of Rancho Cucamonga recognizes that price is only one of several criteria to be used in judging a product or service, and the City of Rancho Cucamonga is not legally bound to accept the lowest response. Agreements shall be awarded to the Vendor whose offer is determined to be the most advantageous to the City from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the City to be in the best interest of the City and, as such, will not be determined by price alone and may not be the lowest response especially where services are of utmost importance. When there is more than one (1) item, the City reserves the right to award separately or as a whole. Vendors must state "all or none" on submittal form. If optional items or trade-ins are requested, the City may accept or decline such items. 27. TERMINATION: City shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City exercises its right to terminate this Agreement, City shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. City may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City ten (10) business days prior written notice for any of the following: (1) uncured breach by the City of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 28. OWNERSHIP OF WORK PRODUCT: All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, "Work Product'), are considered to be "works made for hire" for the benefit of the City. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Basic survey Standard Terms& Conditions Pg. 3 of 7 Date Last Revised:06/21/2012 P297-1 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City upon written demand by City for their delivery, notwithstanding any disputes between Contractor and City concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City's reuse of the Work Product for any purpose other than the Project shall be at City's sole risk. (I) Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City by Section 8.1, above, the Contractor shall be deemed to grant and assign to City, and shall require all of its subcontractors to assign to City, all ownership rights, and all common law and statutory copyrights, trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. (2) Title to Intellectual Property: Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim or liability in any way related to a claim that City's use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City's use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City; or (b) modify the Work Product so that it becomes non-infringing. This covenant shall survive the termination of this Agreement. 29. INSURANCE (I) Liability Insurance: Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees and subcontractors. (2) Minimum Scope of Insurance: Unless otherwise approved by City, coverage shall be at least as broad as: a. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). b. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). c. Worker's Compensation insurance as required by the State of California, and Employer's Liability Insurance. (3) Minimum Limits of Insurance: Contractor shall maintain limits no less than: Standard Terms& Conditions Pg. 4 of 7 Date Last Revised:06/21/2012 P298 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS a. Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. b. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. c. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. (4) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (5) Other Insurance Provisions: a. The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City or agency officials which are not also limitations applicable to the named insured. b. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self-insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. c. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non-payment of premium). Contractor shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. e. Each insurance policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. f. Be issued by an insurance company approved in writing by City, which is admitted-and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. g. Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. Standard Terms& Conditions Pg. 5 of 7 Date Last Revised:06/21/2012 CITY OF RANCHO CUCAMONGA P298-1 r • STANDARD TERMS AND CONDITIONS h. Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. i. Other required insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. (6) Evidence of coverage: Prior to commencing performance under this Agreement, the Contractor shall furnish the City with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 30. INDEMNIFICATION (I) Professional Services: In the connection with its professional services, the Contractor shall defend, hold harmless and indemnify City, and its elected officials, Officers, employees, servants, volunteers, and agents serving as independent contractors in the role of city or agency officials, (collectively, "Indemnitees"), with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, "Claims"), including but not limited to liability for death or injury to any person and injury to any property, to the extent the same out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of its professional services under this Agreement. Contractor shall reimburse all reasonable defense costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. (2) Other Indemnities. In connection with all Claims not covered by Section 12.1, the Contractor shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the non-professional acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including actual attorney's fees and experts' costs incurred in connection with such defense. (3) Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. (4) Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. (5) Survival. The provisions of this Section 12 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Standard Terms& Conditions Pg. 6 of 7 Date Last Revised:06/21/2012 P299 CITY OF RANCHO CUCAMONGA STANDARD TERMS AND CONDITIONS 31. ENVIORNMENTAL SUSTAINABILITY: Vendor will make every reasonable effort to use environmentally preferable products, methods, equipment, packaging and transportation in relation to this transaction. Further, Vendor shall ensure disposal of any removed materials is conducted in an environmentally responsible manner. Products purchased under this Agreement must meet, but not limited to, the following standards: "Energy Star" (www.energrystar.gov), "EPEAT" (www.epeat.net), and provide proof of meeting the "EcoLogo and/or Green Seal" standard and certification requirements (www.egologo.org and/or www.greenseal.org). 32. METHOD OF PAYMENT (1) Invoices. Contractor shall submit to City monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. (2) City shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. (3) City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. (4) All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City. lc> The undersigned Vendor declares that the above terms and conditions have been carefully read and examined. Vendor signature is required below, failure to provide signature may render the Vendors solicitation submittal as non-responsive. Authorized Representative:(print) Company Name: Signature: Title: E-mail address: Date: Standard Terms& Conditions pg. 7 of 7 Date Last Revised:06/21/2012 P300 Attachment C.2—Design Build Agreement AGREEMENT FOR DESIGN,INSTALLATION AND COMMISSIONING OF SOLAR/PHOTOVOLTAIC SYSTEM This Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System ("Agreement") is made as of , 20 the City of Rancho Cucamonga, a municipal corporation ("City") and a ("Design-Builder") (together, "Parties"). The • solar/photovoltaic system to be procured pursuant to this Agreement is sometimes referred to herein as the "System"or"Project." A. Through this Agreement, City intends to procure engineering, system design, fabrication, and related services necessary to construct and install a photovoltaic solar system that will result in energy savings to City and which shall be a supply of energy to City. B. The Design-Builder shall engineer, design, and construct the Project pursuant to this Agreement and all specifications and requirements incorporated herein. In consideration of the covenants and conditions contained in this Agreement, the parties agree as follows: 1. Services. Design-Builder shall furnish to City all labor, equipment, material, and services set forth in this Agreement and as otherwise required to complete all design, engineering, construction, testing and interconnection of the System, along with all related appurtenances, fixtures, and furnishings, as described in Attachment A-1 "Site Information" and Attachment A-2 "Design Specifications," attached hereto and incorporated herein by this reference (collectively, "Services" or "Work"). All work shall be performed in a good and workmanlike manner, free from defects, and free from any and all liens, stop notices and claims from mechanics, material suppliers, subcontractors, artisans, machinists, teamsters, freight carriers, and laborers. The System shall be constructed and installed at one or more sites within the City of Rancho Cucamonga, as set forth in the Site Information and Design Specifications (collectively and individually, "Site"or"Sites" herein.) 2. Completion Date. Design-Builder shall commence providing the Services upon being provided a written "notice to proceed" by City, and will diligently perform such Services and Work as described herein and as otherwise required to achieve Substantial Completion of the System (as defined below) on or before , (the "Guaranteed Substantial Completion Date") and Final Completion of the System (as defined below) on or before _ (the "Scheduled Final Completion Date"). The Guaranteed Substantial Completion Date and the Scheduled Final Completion Date shall each be extended on a day for day basis due to any Force Majeure Event or action or delay in the Services or Work that results solely from any action or omission of City. 2.1. Substantial Completion. Substantial Completion means that each of the following has been achieved in accordance with the requirements of this Agreement and each of the documents described in Section 5 below(the"Contract Documents"): 2.1.1. Mechanical Completion-defined as the point at which all work of every kind necessary to make the System usable for its intended function is actually complete and any and all fire/life safety systems are completely installed and fully operational; 2.1.2. Transmission Capability- defined as the point at which all of the electrical systems and all other infrastructure necessary to achieve interconnection of the System with City's facilities and the public electrical utility's electricity transmission system are fully energized and functioning properly, including, without limitation, accurate functioning of all related electricity meters; and - 1 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P301 Attachment C.2 — Example Design Build Agreement 2.1.3. Design-Builder has performed the appropriate testing to confirm, and the Utility Company (Southern California Edison or Rancho Cucamonga Municipal Utility) has confirmed in writing through inspection, that the System is capable of operating safely in accordance with all applicable laws, codes, rules and regulations. 2.2. Punch List. Upon achieving Substantial Completion, Design-Builder shall provide City with a list of items still outstanding which are necessary to complete the System in accordance with this Agreement and the related specifications and to achieve final Completion ("Punch List"). Punch List items shall not include items necessary for overall functioning of the System. Within five (5)working days after receipt of a proposed Punch List, City shall either(a) approve the Punch List or(b) request that certain amendments or modifications be made to the Punch List. The Parties shall meet and negotiate in good faith and shall promptly agree on and execute an amended Punch List to be completed by the Design-Builder before Final Completion is achieved. 2.3. Final Completion. Final Completion shall occur after Substantial Completion, when each of the following has been achieved in accordance with the requirements of the Contract Documents: 2.3.1. All Punch List items are completed to City's satisfaction; 2.3.2. All required training as detailed in Attachment A-2 has occurred; all documentation as • detailed in Attachment A-2 has been provided to City, including, without limitation, all warranties,final record drawings in Auto-CAD format that reflects and incorporates all as- built revisions and comments and operation and maintenance manuals;and 2.3.3. Testing, defined as testing of all components and subsystems comprising the System in accordance with the requirements of this Agreement and an acceptance test plan acceptable to the City, with all results thereof meeting the requirements set forth herein, and acceptance by City of the successful testing; 2.3.4. Receipt of the Permission to Operate letter from the Utility Company; 2.4. City's Acceptance of Work. Upon achievement of Substantial Completion or Final Completion, as applicable, Design-Builder shall deliver notice thereof to City. City shall inspect the Work and notify Design-Builder that either (a) Substantial Completion or Final Completion has been achieved or (b) the relevant Work has not been completed, stating in reasonable detail the reasons for such determination, including, without limitation, issues remaining unresolved and/or work remaining incomplete, which may require additional time for evaluation by City. In either event the applicable notice from City shall be delivered within fifteen (15) calendar days from the next regularly scheduled City Council meeting after receipt of the notice from Design-Builder. If City notifies Design-Builder that the relevant Work has not been completed, Design-Builder shall take action to promptly complete the relevant Work and shall deliver to City a notice once completed. This procedure shall be repeated until the relevant Work is accepted by City. 2.4.1. The Project shall be deemed complete for purposes of Public Contract Code section 7107 only upon acceptance by City's City Council of Final Completion. 3. Liquidated Damages. Time is of the essence for all Work under this Agreement. It is hereby understood and agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage that City will sustain in the event of and by reason of Design-Builder's delay; therefore, Design-Builder agrees that it shall pay to City the sum of FIVE HUNDRED DOLLARS($500) per day as liquidated damages for - 2 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P302 Attachment C.2 — Example Design Build Agreement each and every day delay beyond the Guaranteed Substantial Completion Date that Substantial Completion is not achieved. It is hereby understood and agreed that this amount is not a penalty, but is a reasonable estimate of the damages that City will incur. In the event any portion of the liquidated damages is not paid to City, City may deduct that amount from any money due or that may become due the Design-Builder under this Agreement, City may seek recovery of Liquidated Damages from the Respondent's Performance Bond Surety and/or City may seek recovery of Liquidated Damages from the Respondent or the Performance Bond Surety without having exhausted remedies against the other. 4. Grants/Rebates/Incentives. Design-Builder shall use commercially reasonable efforts to support City in obtaining or maintaining grants/rebates/incentives for the System. Design-Builder shall use commercially reasonable efforts to support City in obtaining an extension for the rebates, if allowed and if necessary. If City does not obtain extensions for the rebates on terms satisfactory to City in its sole discretion, City may terminate this Agreement as provided herein. Any and all grants/rebates/incentives available for City's construction of the System shall belong solely to the City and/or shall be assigned by Design-Builder to the City in their entirety. 5. Submittal of Documents. Design-Builder shall not commence the Work under this Agreement until the Design-Builder has submitted and City has approved all required documentation, including but not limited to, the performance bond, payment (labor and material) bond, the certificate(s) and affidavit(s), and the endorsement(s)of insurance required as indicated below: Signed Agreement Noncollusion Affidavit Prevailing Wage Certification Workers' Compensation Certification Insurance Certificates and Endorsements Performance Bond Payment Bond • Project Schedule System Description Scope of Work Solar Operation and Maintenance Agreement Performance Guarantee Agreement The above-referenced, fully executed Contract Documents shall be presented to City for approval within fourteen (14)days after execution of the Agreement. 6. Compensation. As full and complete compensation for the Work and all other obligations of the Design- Builder set forth herein, City shall pay to the Design-Builder the NOT-TO-EXCEED amount of DOLLARS ($ ) ("Total System Price"). Attachment A-2 sets forth the specific components of the System, including all components to be constructed at each separate Site, and the "lump sum" amount for all work at each Site, including but not limited to all labor, materials, - 3 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P3O3 Attachment C.2 — Example Design Build Agreement equipment and supplies. Such amount shall not be increased without the written approval of the City Council. 7. Expenses. There are no reimbursable expenses. City shall not be liable to Design-Builder for any costs or expenses paid or incurred by Design-Builder in performing the Services City. 8. Payment. The Total System Price shall be paid in periodic partial payments in accordance with this section. 8.1. Processing of Progress Payments; Retention: Each month while Design-Builder is performing the Work under this Agreement, City shall pay to Design-Builder a sum equal to ninety-five percent (95%) of the cost attributable to the Work performed during each such month, and the value of equipment and material delivered and integrated into the System (the "Progress Payments"). As the Design-Builder is required to order, obtain, and store materials and equipment sufficiently in advance of its Work at no additional cost or advance payment from City,to assure that there will be no delays, payment by City for any such stored material shall be made only in unusual circumstances where City specifically approves the payment in writing in advance. The remaining five percent(5%) of such amounts shall be held as the Retention Amount and shall be released in accordance with Public Contract Code section 7107. If all of the necessary information is properly submitted, undisputed and accurate (including the schedule of values and certified payrolls), City shall approve the Progress Payment in accordance with Public Contract Code section 20104.50. 8.2. Option for Escrow or Securities in Lieu of Retention. Pursuant to the requirements of Public Contract Code Section 22300, upon Design-Builder's request within ten (10)days of execution of this Agreement, City will make payment to Design-Builder of any earned retention funds withheld from payments under this Agreement if Design-Builder deposits with City or in escrow with a California or federally chartered bank acceptable to City, securities eligible for the investment pursuant to Government Code Section 16430 or bank or savings and loan certificates of deposit. 8.2.1. Conditions upon such deposit include the following: 8.2.1.1. Design-Builder shall be the beneficial owner of any securities substituted for retention funds withheld and shall receive any interest thereon. 8.2.1.2. All expenses relating to the substitution of securities under said Section 22300 and under this Article 8.2, including, but not limited to City's overhead and administrative expenses, and expenses of escrow agent shall be the responsibility of the Design-Builder. 8.2.1.3. If Design-Builder shall choose to enter into an escrow agreement, such agreement shall be in the form as set forth in Public Contract Code section 22300 and which shall allow for the conversion to cash to provide funds to meet defaults by the Design-Builder including, but not limited to, termination of the Design-Builder's control over the Work, stop notices filed pursuant to law, assessment of liquidated damages or amount to be kept or retained under the provisions of the Contract Documents. 8.2.1.4. Securities, if any, shall be returned to Design-Builder only upon satisfactory completion of the Agreement. 8.2.2. To minimize the expense caused by such substitution of securities, Design-Builder shall, - 4 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P304 Attachment C.2— Example Design Build Agreement prior to or at the time Design-Builder requests to substitute security, deposit sufficient security to cover the entire amount to be then withheld and to be withheld under the provisions of this Agreement . Should the value of such substituted security at any time fall below the amount for which it was substituted, or any other amount which City determines to withhold, Design-Builder shall immediately, and at Design-Builder's expense, deposit additional security qualifying under said Section 22300 until the total security deposited is no less than equivalent to the amount subject to withholding under the Agreement. 8.2.3. In the alternative, under Section 22300, Design-Builder, at its own expense, may request City to make payment of earned retention funds directly to the escrow agent. Also at the expense of Design-Builder, Design-Builder may direct investment of the payments into securities, and Design-Builder shall receive the interest earned on the investment upon the same conditions as shown in paragraph (a) for securities deposited by Design-Builder. Upon satisfactory completion of the Agreement, Design-Builder shall receive from the escrow agent all securities, interest and payments received by the escrow agent from City, pursuant to the terms of Section 22300. 8.2.4. If any provision of this Article 8.2 shall be found to be illegal or unenforceable, then, notwithstanding, this Article 8.2 shall remain in full force and effect, and such provision shall be deemed stricken or revised to comply with Section 22300. 8.3. ,Waiver and Release upon Payment. Each Progress Payment shall be conditioned upon Design- Builder providing to City with the corresponding Progress Payment Application a conditional waiver and release of claims for payment upon payment from the Design-Builder and each of its subcontractors and materials suppliers in the form required by Civil Code Section 8132, covering all sums requested in such Progress Payment Application, and an unconditional waiver and release of claims for payment from each party, in the form required by Civil Code Section 8134, covering sums disbursed pursuant to the most recently preceding Progress Payment Application. Failure to provide either a conditional waiver and release, or unconditional waiver and release shall result in the subject sums being in dispute, and thus withheld from payment. 8.4. Estimated Progress Payments. Progress Payments shall be made on the basis of monthly estimates which shall be prepared by Design-Builder on a form approved by City and certified by an approved representative of City, and filed before the fifth (5) day of the month during which payment is to be made. Work completed as estimated shall be an estimate only and no inaccuracy or error in said estimate shall release Design-Builder or any surety from such work or from enforcing each and every provision of the Agreement and Construction Documents. City shall have the right subsequently to correct any error made in any estimate for payment. 8.5. Corrective Work and Progress Payment: Design-Builder shall not be entitled to payment for non- conforming work performed, so long as any lawful or proper direction concerning that non- conforming work or any portion thereof given by City lacks correction by Design-Builder. City may withhold from the Progress Payments one hundred fifty percent (150%) of the estimated value of any amount in dispute between City and Design-Builder. This provision shall also apply in the event that a portion of non-complying Work may impact other completed Work, resulting in a need to reconstruct or rework related Work. City shall not unreasonably withhold payment for unrelated and uninvolved Work in the event of dispute over non-complying Work without entering into negotiations to arrive at settlement of said conflict, unless withholding pursuant to a Stop Payment Notice. - 5 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and • • P305 Attachment C.2 — Example Design Build Agreement 8.6. Title to Delivered Materials. Title to new materials and/or equipment for the Work of this Agreement shall vest in City upon achievement of Final Completion. However, responsibility for such new material and/or equipment for the Work of this Agreement shall remain with Design- Builder until incorporated into the Work and accepted by City pursuant to this Agreement; no part of said materials and/or equipment shall be removed from its place of storage except for immediate installation in the Work of this Agreement;and Design-Builder shall keep an accurate inventory of all said materials and/or equipment in a manner satisfactory to City or its authorized representative. Design-Builder shall maintain all course of construction and other insurance as necessary to protect said equipment and Work. City shall not become responsible for risk of loss or other insurable risk until City's acceptance of Final Completion of the Project. Nothing in this section shall limit the Design-Builder's liability for repair, maintenance or replacement of any material and/or equipment for the Work of this Agreement resulting from any breach of this Agreement or pursuant to any warranty or guaranty. 9. Independent Contractor. Design-Builder, in the performance of this Agreement, shall be and act as an independent contractor. Design-Builder understands and agrees that neither he/she nor any of his/her employees shall be considered officers, employees, agents, partner, or joint venture of City, and are not entitled to benefits of any kind or nature normally provided employees of City and/or to which City's employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker's Compensation. Design-Builder shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Design-Builder's employees. Design-Builder shall be liable for its own actions, including its negligence or gross negligence, and shall be liable for the acts, omissions, or errors of its agents, employees, subcontractors, and any other persons or entities performing work on Design-Builder's behalf. 10. Standard of Care. Design-Builder shall perform its obligations under this Agreement using its best professional skill and judgment, acting with due care and in accordance with the standard of care applicable to the Work and Services to be provided by Design-Builder, the covenants, terms and conditions of this Agreement, and all applicable laws, codes, rules and regulations, including, without limitation, the applicable provisions of the California Building Code (Title 24), the California Code of Regulations,the Utility Company Interconnection Requirements, City's Design Guides and Technical Specifications, and the laws, regulations and policies of all other federal, state, and local jurisdictions having authority. Design-Builder represents and warrants that it is fully experienced in projects of the nature and scope of work required herein, and that it is properly qualified, licensed and equipped to supply and perform the Work. The Work completed herein must meet the approval of City and shall be subject to City's general right of inspection and supervision to secure the satisfactory completion thereof. 11. Originality of Services. Design-Builder agrees that all technologies, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays and video productions prepared for, written for,or submitted to City and/or used in connection with this Agreement, shall either be the property of Design-Builder, or Design-Builder shall have all necessary rights to use such formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays and video productions and to provide the same and derivative works thereof to City in connection with this Agreement, and shall not otherwise be copied in whole or in part from any other source. 12. Work Product. Unless otherwise agreed upon in writing, all reports,documents, or other written material, including any images, photographs,video files,digital files, and/or or other media created or developed for the City by Design-Builder in the performance of this Agreement(collectively, "Work Product")shall be and • remain the property of City without restriction or limitation upon its use or dissemination by City. To the maximum extent permitted by law,all Work Product shall be considered to be"works made for hire", and - 6 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P306 Attachment C.2 — Example Design Build Agreement all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to,all copyrights and other proprietary rights,shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City. Design-Builder shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Design-Builder hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in the City pursuant to the paragraph, above. 13. Notice to Proceed.After the executed Contract Documents are submitted to City,City shall provide a Notice to Proceed to Design-Builder for design work, at which time Design-Builder shall proceed with the design work. After the design of each component of the System is approved by City, City shall provide a separate Notice to Proceed to Design-Builder at which time Design-Builder shall proceed with the construction Work. 14. Site Examination. Within [ ) after the Effective. Date, Design-Builder will conduct detailed examinations of each Site and confirm all measurements, specifications and conditions affecting the Work to be performed at the Site. Following these detailed site examinations (which will include underground surveys as necessary), Design-Builder shall either(a) provide written notification to City that it warrants that it has made Site examination(s) that it deems necessary as to the condition of the Site, its accessibility for materials, workers and utilities, and Design-Builder's ability to protect existing surface and subsurface improvements, or (b) request specific changes to the Services, Work, Guaranteed Substantial Completion Date, Scheduled Final Completion Date and Total System Price that are required in light of such examinations. If City does not agree with these changes, City may terminate the Agreement within five (5) Business Days of receipt of such request,without liability to either Party. Thereafter, no claim for allowance of time or money will be allowed as to any other undiscovered condition on the Site, unless permitted pursuant to Public Contract Code section 7104. 14.1. Design-Builder acknowledges that it has been provided with the opportunity to obtain information on soils conditions from City, City and acknowledges that any and all conditions disclosed therein, expressly or implicitly, are known to Design-Builder (collectively, the "Disclosures"). Except as set forth in this subsection, Design-Builder shall have no right to, and shall not make any Claim or other demand for additional compensation, other than as described within the Alternates expressly set forth in Attachment A-2, which the Parties agree to utilize in the event that the System, if built as proposed, would be deemed inadequate or imprudent according to sound engineering judgment consistent with the Standard of Care under Section 10. In the event that the soils conditions are substantially and materially different from the information made available by the City, and neither the System or any alternate system would be deemed adequate or prudent according to sound engineering judgment consistent with the Standard of Care under Section 10, City may terminate by written notice, all further Work(but shall pay for all such Work performed as of the effective date of such termination as provided in Section 37.1), and/or eliminate from the Scope of Work, that specific site pursuant to Section 37.1, or may negotiate with Design-Builder in good faith to identify an alternate location for, or other alternatives for a solar photovoltaic array of equal or better characteristics which shall not exceed the Total System Price. For such purposes, Design-Builder agrees, acknowledges that it knows and assumes, and is deemed to know and assume, that the conditions at the Sites comport with the least benign conditions disclosed, expressly or implicitly, in the information on soils conditions in the Request for Proposals from City, and/or on file in City's offices,all consistent with the Standard of Care under Section 10. 14.2. Disclaimer of Warranty: City does not warrant the soils or geological conditions at the Site. Any information on the soils and geotechnical conditions of the Site is provided for informational - 7 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P307 Attachment C.2 — Example Design Build Agreement purposes, only, and is expressly understood to reflect the professional judgment of the entity that prepared it based on limited sampling and observation and may not be comprehensive or accurate in any of its findings or implications. City does not warrant the soils or geological conditions of the Site and Design-Builder is fully responsible to ascertain all Site conditions for the purposes of determining construction means and methods and costs of construction of the System. 14.3. Existing Utilities. Design-Builder shall be responsible for the investigation of the Site with respect to any underground utilities including, without limitation, trunk, mainline and service utilities. It shall be the responsibility of Design-Builder to determine, within reason, the exact location of all utilities using an underground utility/facility location service if necessary. Design-Builder shall make its own reasonable investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. 15. Materials. Design-Builder shall furnish, at his/her own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this Agreement. 15.1. Anti-Trust Claim. Design-Builder agrees to pass-through, on a pro-rata basis, any applicable awards received pursuant to causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials provided to City pursuant to the Agreement. 15.2. Substitutions. No substitutions of material from those specified in the Design Specifications shall be made without the prior written approval of City. 16. Equipment and Labor. Design-Builder shall furnish all tools, equipment, apparatus,facilities, transportation, labor, and material necessary to furnish the services herein described, the services to be performed at such times and places as directed by and subject to the approval of the authorized City representative indicated in the Work specifications attached hereto. 17. Warranty/Quality. Unless a longer warranty is called for elsewhere in this Agreement, the Design-Builder, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defective workmanship, defects or failures of materials for a minimum period of ten (10) year from filing the Notice of Completion with the county in which the Site is located. All workmanship and equipment must be warranted to be in compliance with applicable California energy, conservation, environmental, and educational standards, including but not limited to California Solar Initiative Program requirements. 17.1. PV modules used in this project shall have a minimum 20-year product warranty from the manufacturer from the date of sale. Such warranties shall be deemed assigned to City as of the Substantial Completion Date. 17.2. Power Conditioning Equipment, including inverter(s), shall have a 10-year minimum product warranty from the manufacturer from the date of sale. Such warranties shall be deemed assigned to City as of the Substantial Completion Date. 17.3. Under the terms of the Solar Operation and Maintenance Agreement, Design-Builder shall be responsible for providing no-cost repair and component replacement not covered by the manufacturers of the components of the System for a period of 10 years after the Substantial Completion Date on all equipment,systems and controls necessary to maintain PV production at the performance level set forth in the Performance Guarantee Agreement. - 8 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P3O8 Attachment C.2 - Example Design Build Agreement 18. Correction of Errors. Design-Builder shall perform, at its own cost and expense and without reimbursement from City, any work necessary to correct errors or omissions which are caused by the Design-Builder's failure to comply with the standard of care required herein. 19. Trench Shoring. If this Agreement is in excess of$25,000 and is for the excavation of any trench deeper than five(5) feet, Design-Builder must submit and obtain City acceptance, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If the plan varies from the shoring system standards,the plan shall be prepared by a registered civil or structural engineer. 20. Excavations Over Four Feet. This Article shall pertain to all Construction comprising the excavation of any trench or trenches four(4)feet or more in depth. 20.1. If applicable, Design-Builder shall submit to City for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches four(4) feet or more in depth. Design-Builder's plan shall be prepared by a registered civil or structural engineer. As a part of the plan, a note shall be included stating that Design-Builder's registered civil or structural engineer certifies that the plan complies with the current and applicable CAL-OSHA Construction Safety Orders, or stating that Design-Builder's registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders. No excavation of any such trenches shall be commenced until said plan has been accepted by City or by the person to whom authority to accept has been delegated by City. All shoring submittals shall include surcharge loads from adjacent embankments,construction loads, and spoil bank. Submittals shall indicate minimum horizontal distance from top of trench to edge of all surcharge loads for all cases of shoring and side slopes. Nothing in this Section shall relieve Design-Builder of the full responsibility for providing shoring, bracing, sloping, or other provisions adequate for worker protection. Pursuant to Labor Code section 6705, nothing in this Article shall impose tort liability upon City, its elected officials, or any of its employees. 20.2. In relation to digging trenches or other excavations that extend deeper than four(4)feet below the surface of the ground, Design-Builder shall comply with the following requirements and include similar provisions in any contract for the Project which involves digging trenches or other excavations: 20.2.1. Design-Builder shall promptly, and before the following conditions are disturbed, notify City, in writing,of any: 20.2.1.1. Material that the Design-Builder or any Subcontractor or Consultant believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; 20.2.1.2. Subsurface or latent physical conditions at the Site differing from those indicated; 20.2.1.3. Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as - 9 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P309 Attachment C.2 — Example Design Build Agreement inherent in work of the character provided for in the Construction Provisions; 20.2.1.4. Any other conditions required to be reported pursuant to Public Contract Code Section 7104. 20.2.2. City shall promptly investigate the conditions and, if it finds that the conditions do materially so differ or do involve hazardous waste and cause a decrease or increase in the Design-Builder's cost of or the time required for performance of any part of the work, shall consider issuing a change order under the procedures described in the contract. 20.2.3. In the event that a dispute arises between City and the Design-Builder, whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in the Design-Builder's cost of or time required for performance of any part of the work, the Design-Builder shall not be excused from any scheduled completion date provided for by the Construction Documents but shall proceed with all work to be performed as required. The Design-Builder shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 21. Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work ("Change") shall not be paid for or accepted unless such change, addition, or deletion is approved in advance and in writing by a valid change order executed by City and approved by City's City Council. The foregoing notwithstanding,the Design-Builder shall continue to perform its Work under the Agreement with respect to all undisputed portions of the Work and shall not cause a delay of the Work by virtue of the inability of City and Design-Builder to agree upon the extent of any adjustment to the Project Schedule and/or the Total System Price on account of such change. Design-Builder specifically understands, acknowledges, and agrees that City shall have the right to request any alterations, deviations, reductions, or additions to the Project or Work,and the cost thereof shall be added to or deducted from the amount of the Total System Price by fair and reasonable valuations agreed to by the Parties in writing. 21.1. Adjustment to Total System Price. Adjustments to the Total System Price due to Changes in the Work shall be determined by application of one of the following methods, in the following order of priority: 21.1.1. Change Order Mutual Agreement. By negotiation and mutual written agreement, on a lump sum basis, between City and Design-Builder on the basis of the estimate of the actual and direct increase or decrease in costs on account of the Change. 21.1.2. Change Directive per Determination by City. City shall notify Design-Builder in writing of its determination of the actual and necessary costs incurred by the Design-Builder on the basis of Design-Builder's records. Design-Builder shall be deemed to have accepted City's determination of the amount of adjustment to the Total System Price on account of a Change to the Work unless Design-Builder shall notify City, in writing, not more than fifteen (15) business days from the date of City's written notice, of any objection to City's determination. In the event that Design-Builder provides such notice, Design- Builder shall proceed to complete the Work as directed by City, pending resolution of the dispute regarding adjustment to the Total System Price in accordance with section 23. - 10 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and • P310 Attachment C.2 — Example Design Build Agreement 21.1.3. Basis for Adjustment of Total System Price. If Changes in the Work require an adjustment of the Total System Price, the basis for adjustment of the Total System Price shall be as follows: 21.1.3.1. Labor. Design-Builder shall be compensated for the actual costs, without markup, of labor actually and directly utilized in the performance of the Change. Such labor costs shall be limited to field labor for which there is a prevailing wage rate classification. Wage rates for labor shall not exceed the prevailing wage rates in the locality of the Site and shall be in the labor classification(s) necessary for the performance of the Change. Use of a labor classification which would increase labor costs associated with any Change shall not be permitted. Labor costs shall exclude costs incurred by the Design-Builder in preparing estimate(s) of the costs of the Change, in the maintenance of records relating to the costs of the Change, coordination and assembly of materials and information relating to the Change or performance thereof, or the supervision and other overhead and • general conditions costs associated with the Change or performance thereof. 21.1.3.2. Materials and Equipment. Design-Builder shall be compensated for the actual costs, without markup, of materials and equipment necessarily and actually used or consumed in connection with the performance of Changes. Costs of materials and equipment may include reasonable costs of transportation from a source closest to the site of the Work and delivery to the Site. If discounts by Material Suppliers are available for materials necessarily used in the performance of Changes,they shall be credited to City. If materials and/or equipment necessarily used in the performance of Changes are obtained from a supplier or source owned in whole or in part by the Design-Builder, compensation therefor shall not exceed the current wholesale price for such materials or equipment. If, in the reasonable opinion of City, the costs asserted by the Design-Builder for materials and/or equipment in connection with any Change is excessive, or if the Design- Builder fails to provide satisfactory evidence of the actual costs of such materials and/or equipment from its supplier or vendor of the same, the costs of such materials and/or equipment and City's obligation for payment of the same shall be limited to the then lowest wholesale price at which similar materials and/or equipment are available in the quantities required to perform the Change. City may elect to furnish materials and/or equipment for Changes to the Work, in which event the Design-Builder shall not be compensated for the costs of furnishing such materials and/or equipment or any mark-up thereon. 21.1.3.3. Construction Equipment. Design-Builder shall be compensated for the actual cost, without markup, of the necessary and direct use of construction equipment ("Construction Equipment") in the performance of Changes to the Work. Use of such Construction Equipment in the performance of Changes to the Work shall be compensated in increments of fifteen (15) minutes. Rental time for Construction Equipment moved by its own power shall include time required to move such Construction Equipment to the site of the Work from the nearest available rental source of the same. If Construction Equipment is not moved to the Site by its own power, Design-Builder will be compensated for the loading and transportation costs in lieu of rental time. The foregoing notwithstanding, neither moving time or loading and transportation time shall be allowed if the Construction Equipment is used for performance of any portion of the Work other than - 11 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P311 Attachment C.2 — Example Design Build Agreement Changes to the Work. Unless prior approval in writing is obtained by the Design- Builder from City, no costs or compensation shall be allowed for time while Construction Equipment is inoperative, idle or on standby, for any reason. Design-Builder shall not be entitled to an allowance or any other compensation for Construction Equipment or tools used in the performance of Changes to the Work where such Construction Equipment or tools have a replacement value of $500.00 or less. Construction Equipment costs claimed by the Design-Builder in connection with the performance of any Change to the Work shall not exceed rental rates established by distributors or construction equipment rental agencies in the locality of the Site; any costs asserted which exceed such rental rates shall not be allowed or paid. Unless otherwise specifically approved in writing by the Architect, the Project Inspector and City, the allowable rate for the use of Construction Equipment in connection with Changes to the Work shall constitute full compensation to the Design-Builder for the cost of rental, fuel, power, oil, lubrication, supplies, necessary attachments, repairs or maintenance of any kind, depreciation, storage, insurance, labor (exclusive of labor costs of the Construction Equipment operator), and any all other costs incurred by the Design-Builder incidental to the use of such Construction Equipment. 21.1.3.4. Overhead. In determining the cost to City and the extent of increase to the Total System Price resulting from a Change adding to the Work, the allowance for overhead (including home office and field overhead), general conditions costs and profit (hereinafter "Change Order Overhead") associated with the Change shall not exceed shall not exceed 15% of the direct actual costs for performance of the Change. In the event a portion of Changes to the Work is performed by a first tier subcontractor, the subcontractor Change Order Overhead shall not exceed 15%. In the event a portion of Changes to the Work is performed by a sub-subcontractor, the sub-subcontractor Change Order Overhead shall not exceed 15%. The subcontractor markup on the total charges of a sub- subcontractor of any lower tier is limited to 5% of the costs of such change, regardless of the number of subcontractors, of any tier, performing any portion of any Change to the Work. 21.1.3.5. If a Change to the Work reduces the Total System Price, no profit, general conditions or overhead costs shall be paid by City to the Design-Builder for the reduced or deleted Work. 21.1.3.6. In no event shall a Change directive increasing the nameplate capacity of the System, or any element thereof, exceed the original cost per kW installed per installation as set forth herein. 21.1.4. Required Documentation. Design-Builder agrees to provide City with all information requested to substantiate the cost of the change order and to inform City whether the Work will be done by the Design-Builder or a subcontractor. Design-Builder shall maintain detailed records on a daily basis. Such records shall include without limitation hourly records for labor and Construction Equipment and itemized records of materials and equipment used that day in connection with the performance of any Change to the Work. In the event that more than one Change to the Work is performed by the Design- Builder in a calendar day, Design-Builder shall maintain separate records of labor, Construction Equipment, materials and equipment for each such Change. In the event - 12 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P312 Attachment C.2 — Example Design Build Agreement that any Subcontractor, of any tier, shall provide or perform any portion of any Change to the Work, Design-Builder shall require that each such Subcontractor maintain records in accordance with this Article. Each daily record maintained hereunder shall be signed by Design-Builder's superintendent or Design-Builder's authorized representative; such signature shall be deemed Design-Builder's representation and warranty that all information contained therein is true, accurate,complete, and relate only to the Change referenced therein. All records maintained by a subcontractor, of any tier, relating to the costs of a Change to the Work shall be signed by such subcontractor's authorized representative or superintendent. All records maintained hereunder shall be subject to inspection, review and/or reproduction by City upon request. In the event that Design- Builder shall fail or refuse, for any reason, to maintain or make available for inspection, review and/or reproduction such records and the adjustment to the Total System Price on account of any Change to the Work is determined pursuant to this Section, City's reasonable good faith determination of the extent of adjustment to the Total System Price on account of such Change shall be final, conclusive, diapositive and binding upon Design-Builder. 21.2. Adjustment to Contract Time. The Substantial Completion date may be extended or reduced by change order if the performance of such Change necessitates such extension or reduction. Design- Builder shall submit, prior to approval of the change order, its request for a time extension (if any), as well as all information necessary to substantiate its belief that such change will delay the completion of the Work. If Design-Builder fails to submit its request for a time extension or the necessary supporting information, it shall be deemed to have waived its right to request such extension. 22. Claims. If Design-Builder shall claim compensation for any reason, including, without limitation, changes to the in the Work or Services, extensions of time, and/or damages sustained by Design-Builder for which it may seek recovery from City ("Claim"), Design-Builder shall, within ten (10) business days after the first occurrence giving rise to the Claim, make and deliver to City a written statement of the amount of the Claim, the first occurrence giving rise to the Claim, and a description of the occurrences, events and bases for the Claim ("Notice of Claim"). Design-Builder shall file with City an itemized statement of all details and the amount of the Claim within fifteen(15) business days of delivery to City of the Notice of Claim. Bar Against Claims for Failure to Follow Contract Procedures. Unless the Notice of Claim shall be made as required, Design-Builder's claim for compensation shall be forfeited and invalidated and it shall not be entitled to consideration for payment on account of any such damage. Design-Builder expressly acknowledges and agrees that this provision shall not be waived or otherwise modified by any communication not rendered to the Design-Builder in writing by City, and that this is a reasonable notice provision pursuant to Public Contract Code section 7102 and Government Code section 930.2. 23. Workers. Design-Builder shall at all times enforce proper discipline and good order among Design-Builder's employees, subcontractors, consultants, and all other invitees to the Site and shall not employ or allow the employment on the work of any unfit person or anyone not skilled in work assigned to Design-Builder. 23.1. Design-Builder shall remove from the Site any person in the employ of Design-Builder or any subcontractor or consultant whom City may deem incompetent or unfit and such worker shall not again participate in the work and shall not again be employed on it except with written consent of City. - 13 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P313 Attachment C.2 — Example Design Build Agreement 23.2. Design-Builder shall take all reasonable steps necessary to ensure that any employees of Design- Builder or any of its subcontractors or consultants report for work in a manner fit to do their job. Such employees: (i) shall not utilize tobacco on the Site, and (ii) shall not be under the influence of or in possession of any alcoholic beverage or any controlled substance (except a controlled substance as prescribed by a physician so long as the performance or safety at the Site is not affected thereby). Design-Builder shall advise its employees, subcontractors, suppliers, and invitees of these requirements before they enter on the Site and shall immediately remove from the Site any person in violation of these requirements as determined by Design-Builder or by City. Design- Builder shall impose these requirements on its subcontractors, suppliers, and other invitees. If requested, Design-Builder shall execute, under penalty of perjury, the certification of a drug-free workplace and certification of a tobacco-free workplace. 24. Wages. Design-Builder acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency and agrees to be bound by all the provisions thereof as though set forth in full herein. 24.1. The California Prevailing Wage Law. 24.1.1. Pursuant to the provisions of Article 2 (commencing at Section 1770), Chapter 1, Part 7, Division 2 of the Labor Code of California,the governing body of City has ascertained the general prevailing rate of per diem wages in the locality in which this public work is to be performed for each craft, classification, or type of workmen needed to execute the Agreement. 24.1.2. Holiday and overtime work when permitted by law shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. 24.1.3. Each worker of Design-Builder and any of its subcontractors engaged in work on the System shall be paid not less than the prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between Design-Builder or any subcontractors and such workers. 24.1.4. Design-Builder shall, as a penalty to City, forfeit $200 for each calendar day, or portion thereof,for each worker paid less than the prevailing rate as determined by the director for such work or craft in which such worker is employed for any public work done under the contract by him or by any subcontractor under him. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof,for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Design-Builder. 24.1.5. Copies of the determined prevailing wage rates are on file and available upon request at City's office. or may be obtained at http://www.dir.ca.gov/DPRL/DPreWaeeDetermination.htm.City shall provide Design- Builder with current prevailing wage rates, in writing. Design-Builder shall post,at an appropriate conspicuous point on the Site,a schedule showing all determined general prevailing wage rates. - 14 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and • P314 Attachment C.2 - Example Design Build Agreement 24.1.6. Any worker employed to perform work on the System which is not covered by any classification available in City office, shall be paid not less than the minimum rate of wages specified for the classification which most nearly corresponds with work to be performed by him, and that minimum wage rate shall be retroactive to the time of initial employment of the person in the classification. 24.2. Record Of Wages Paid. Design-Builder agrees to comply with the provisions of California Labor Code Section 1776 which, among other things, require Design-Builder and each subcontractor to (1) keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Design-Builder is responsible for compliance with Section 1776 by itself and all of its subcontractors. 24.3. Workers Compensation: California Labor Code Sections 1860 and 3700 provide that every Design- Builder will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Design-Builder hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the work of this contract." Date Signature 25. Hours Of Work. Design-Builder agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Design-Builder shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Design- Builder or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7,Chapter 1,Article 3 of the California Labor Code. 26. Apprentices. Design-Builder agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Design-Builder is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 27. Design-Builder Supervision. Design-Builder shall provide competent supervision of personnel employed on the job Site, use of equipment,and quality of workmanship. 28. Safety and Security. Design-Builder is responsible for maintaining safety in the performance of this Agreement. Design-Builder shall be responsible to ascertain from City the rules and regulations pertaining to safety and security, in addition to those existing in applicable State laws and regulations. Design-Builder shall have the responsibility for initiating, maintaining, and supervising all safety precautions and programs in connection with this Agreement and the Services provided hereunder. 29. Clean Up.All construction debris shall be removed from the Site. The Site shall be in order at all times when work is not actually being performed and shall be maintained in a reasonably clean condition. 30. Access to Work. City representatives shall at all-time have access to the Work wherever it is in preparation or in progress. Design-Builder shall provide safe and proper facilities for such access. - 15 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P315 Attachment C.2 — Example Design Build Agreement 31. Protection of Work and Property. Design-Builder shall erect and properly maintain at all times all necessary safeguards, signs, barriers, lights, and security persons for protection of workers and the public, and shall post danger signs warning against hazards created by the Work. In an emergency affecting life and safety of life or of Work or of adjoining property, Design-Builder, without special instruction or authorization from City, is permitted to act at its reasonable discretion to prevent such threatened loss or injury. 32. Occupancy.City reserves the right to occupy improvements comprising or related to the System at any time before Final Completion and such occupancy shall not constitute final acceptance or approval of any part of the Work covered by this Agreement, nor shall such occupancy extend the date specified for completion of the Work. 33. Termination. 33.1. For Convenience by City. City may, at any time, with or without reason, terminate this Agreement and compensate Design-Builder only for the Work and Services satisfactorily performed to the date of termination and all reasonable documented costs incurred by Design-Builder as a result of such termination (including in the termination of subcontracts, vendor agreements and in demobilization), which cannot be mitigated or eliminated through commercially reasonable efforts by Design-Builder. Written notice by City shall be sufficient to stop further performance of services by Design-Builder. Notice shall be deemed given when received by the Design-Builder or no later than three (3) business days after the day of mailing, whichever is sooner. In the event that City terminates this Agreement pursuant to this section, City shall compensate Design-Builder for work completed to date. 33.2. With Cause by City. City may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: 33.2.1. material violation of this Agreement by the Design-Builder; or 33.2.2. any act by Design-Builder exposing City to liability to others for personal injury or • property damage; or • 33.2.3. Design-Builder becomes insolvent; files for federal bankruptcy protection; is adjudged a bankrupt; makes a general assignment for the benefit of creditors; or a receiver is appointed on account of Design-Builder's insolvency. Written notice by City shall contain the reasons for such intention to terminate and unless within ten (10) calendar days after that notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall upon the expiration of said cure period cease and terminate. In the event of this termination, City may secure the required services from another provider. If the documented reasonable expenses, fees, and costs to City to complete the Services and Work exceed the cost of providing the service pursuant to this Agreement, upon receipt of an invoice and reasonable supporting documentation from City, Design- Builder shall pay the excess expenses, fees, and/or costs to City within fifteen (15) Business Days of receipt of City's notice of these expenses,fees, and/or costs. 33.3. In no event shall any delay in completion arising during the period from issuance of a notice of termination for cause through the time such condition or violation shall have ceased or been cured, be excused, nor shall Design-Builder be relieved of liability for Liquidated Damages relating thereto. - 16 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and • P316 Attachment C.2— Example Design Build Agreement 33.4. Upon termination, Design-Builder shall provide City with all documents produced maintained or collected by Design-Builder pursuant to this Agreement, whether or not such documents are final or draft documents. 34. Indemnification. 34.1. To the maximum extent permitted by law, Design-Builder agrees to and does hereby defend, indemnify and hold harmless City, its elected officials, officers, employees, contractors and volunteers (the "Indemnified Parties") from every claim or demand made, and every liability, loss, damage,expense or attorney's fees of any nature whatsoever,which may be incurred by reason of: • 34.1.1. Liability for: (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or corporation arising from any act, omission or breach of Design-Builder or any person, firm or corporation employed by, under contract with, or acting on behalf of Design-Builder, arising out of or in any way connected with the Work performed by Design-Builder, its employees, contractors and/or agents pursuant to this Agreement or the Contract Documents, whether said injury or damage occurs on or off City property, except to the extent resulting from the negligence or the willful misconduct of any of the Indemnified Parties; and 34.1.2. Any dispute between Design-Builder and Design-Builder's subcontractors, suppliers and/or sureties, including, but not limited to,any failure or alleged failure of the Design- Builder(or any person hired or employed directly or indirectly by the Design-Builder) to pay any subcontractor or materialman of any tier or any other person employed in connection with the Work and/or filing of any stop notice or mechanic's lien claims. 34.2. Design-Builder, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings, including any and all appeals thereof, that may be brought or instituted against any of the Indemnified Parties City on account of or founded upon any cause, damage, or injury identified in this Section and shall pay or satisfy any final and non-appealable judgment that may be rendered against any of the Indemnified Parties. City in any action, suit or other proceedings as a result thereof. Design-Builder may select counsel to provide such defense, subject to acceptance by City,which acceptance shall not unreasonably be withheld. In any event, City shall solely control any defense provided by Design-Builder, and counsel defending City shall have a duty of loyalty and zealous advocacy solely to City. 34.3. Upon termination, Design-Builder shall provide City with all documents produced maintained or collected by Design-Builder pursuant to this Agreement, whether or not such documents are final or draft documents. 35. Insurance. 35.1. The Design-Builder shall procure and maintain at all times during the term of this Agreement the following insurance: 35.1.1. General Liability. Two Million Dollars($2,000,000)combined single limit per occurrence and Three Million Dollars($3,000,000)in the aggregate,for bodily injury, personal injury and property damage in the form of Comprehensive General Liability and Contractual - 17 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P317 Attachment C.2 — Example Design Build Agreement Liability, including Products Liability and Completed Operations coverage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to each project/location or the general aggregate limit shall be twice the required occurrence limit. 35.1.2. Automobile Liability Insurance. Two Million Dollars ($2,000,000) combined single limit per occurrence for any automobile that shall protect the Design-Builder and City from all claims of bodily injury, property damage, personal injury, death, and medical payments arising performing any portion of the Services by Design-Builder. 35.1.3. Workers' Compensation and Employers' Liability Insurance. For all of the Design- Builder's employees who are subject to this Agreement and to the extent required by the applicable state or federal law, Design-Builder shall keep in full force and effect, a Workers' Compensation policy. That policy shall provide employers' liability coverage with minimum liability coverage of One Million Dollars ($1,000,000) per accident for bodily injury or disease. Design-Builder shall provide an endorsement that the insurer waives the right of subrogation against City and its respective elected officials, officers, employees,agents, representatives, consultants,trustees, and volunteers. 35.1.4. Professional Liability (Errors and Omissions). One Million Dollars ($1,000,000) for errors and omissions as appropriate to the profession of engineer designing photovoltaic systems, with coverage to continue through completion of construction plus two years thereafter. 35.1.5. Builder's Risk Insurance. On a replacement cost value basis, Design-Builder shall procure and maintain, during the life of this Agreement, Builder's Risk (Course of Construction), or similar first party property coverage to insure against all risks of accidental physical loss and shall include without limitation the perils of vandalism and/or malicious mischief (both without any limitation regarding vacancy or occupancy), sprinkler leakage, theft, sonic disturbance, flood, collapse, wind , fire, lightning, smoke, and rioting. Coverage shall include debris removal, demolition, increased costs due to enforcement of all applicable ordinances and/or laws in the repair and replacement of damaged and undamaged portions of the property, and reasonable costs for engineering services and expenses required as a result of any insured loss upon the Work and Project, including completed Work and Work in progress,to the full replacement value of each installation at each Site. • 35.1.6. Umbrella or Excess Liability. Four Million Dollars ($4,000,000) per occurrence to meet the policy limit requirements of the required policies if Design-Builder's underlying policy limits are less than required. There shall be no gap between the per occurrence amount of any underlying policy and the start of the coverage under the Umbrella Liability Insurance Policy. Any Umbrella Liability Insurance Policy shall protect Design- Builder,City, including all of the Indemnified Parties, in amounts, and that complies with all requirements herein for Commercial General Liability and Automobile Liability and Employers' Liability Insurance. 18 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P318 Attachment C.2 — Example Design Build Agreement 35.1.7. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions: 35.1.7.1. For the general liability and automobile liability policies: 35.1.7.1.1. City, its representatives, elected officials, officers, officials, employees, agents, and volunteers ("Additional Insureds") are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of Design-Builder; instruments of Service and completed operations of the Design-Builder; premises owned, occupied or used by Design-Builder; or automobiles owned, leased, hired or borrowed by Design-Builder. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds and shall provide not less than the level of protection in scope and limits,as provided by Design-Builder for itself. 35.1.7.1.2. For any claims related to the Project, Design-Builder's insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be in excess of the Design-Builder's insurance and shall not contribute with it. 35.1.7.1.3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 35.1.7.1.4. The policies shall provide that the insurer waives the right of subrogation. Further, Design-Builder hereby waives all rights of subrogation. 35.1.7.2. Design-Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 35.1.7.3. Design-Builder shall furnish City with Certificates of Insurance showing maintenance of the required insurance coverage, and original endorsements affecting coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before Work commences. 35.1.8. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to City. 35.1.9. Any deductibles must be approved, in advance, by City in writing. 36. Payment Bond and Performance Bond. Design-Builder shall not commence the Work until it has provided to City, in a form approved by City, a Payment (Labor and Material) Bond and a Performance Bond, each in an amount equivalent to one hundred percent (100%) of the Total System Price issued by a surety admitted to issue bonds in the State of California and otherwise acceptable to City. - 19 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and • P319 Attachment C.2 — Example Design Build Agreement 36.1. Performance bond liability.Any performance bond issued for a Site or the System will cease one(1) year from the completion of construction. If a warranty or guarantee is provided under the terms of this Agreement, the balance of any warranty or guarantee beyond one year term of the applicable performance bond shall continue to be guaranteed solely by the surety under the terms of this Agreement. 36.2. Payment bond liability. The payment bond shall contain the following condition: Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code § 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code § 1771.2, if the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 36.3. Performance Guarantee. Neither payment bonds, whether for labor or materials, nor performance bonds are applicable to the Performance Guarantee Agreement between the parties. • 37. Permits and Licenses. Design-Builder and all Design-Builder's employees or agents shall secure and maintain in force, at Design-Builder's sole cost and expense, such permits and licenses as are required by law in connection with the furnishing of materials, supplies, or services pursuant to this Agreement. At all times during the term of this Agreement, Design-Builder shall possess a Class "A" or "C10" California contractor's license. 38. Assignment. The rights, burdens, duties, or obligations of Design-Builder pursuant to this Agreement shall not be assigned by the Design-Builder without the prior written consent of City. 39. Subcontractors. If Design-Builder shall subcontract any part of this Agreement, Design-Builder shall be fully responsible to City for acts and omissions of its subcontractors and of persons either directly or indirectly employed by itself. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and City. 40. Compliance with Laws. Design-Builder shall observe and comply with all rules and regulations of the City and all federal, state, and local laws, ordinances and regulations. Design-Builder shall give all notices required by any law, ordinance, rule and regulation bearing on conduct of the Work as indicated or specified. If Design-Builder observes that any of the Work required by this Agreement is at variance with any such laws, ordinance, rules or regulations, Design-Builder shall notify City, in writing, and, at the sole option of City, any necessary changes to the scope of the Work shall be made and this Agreement shall be appropriately amended in writing, or this Agreement shall be terminated effective upon Design-Builder's receipt of a written termination notice from City. If Design-Builder performs any work that is in violation of any laws, ordinances, rules or regulations, without such prior notification and approval of City of the violation, Design-Builder shall bear all costs arising therefrom. 40.1. Design-Builder hereby acknowledges that City's representative shall have authority to approve and/or stop Work if the Design-Builder's Work does not comply with the requirements of the Contract Documents, or any applicable law or regulation Design-Builder shall be liable for any delay caused by its non-compliant Work. 41. Audit. Design-Builder shall establish and maintain books, records, and systems of account, in accordance with generally accepted accounting principles, reflecting all business operations of Design-Builder - 20 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P320 Attachment C.2 — Example Design Build Agreement transacted under this Agreement. Design-Builder shall retain these books, records, and systems of account during the Term of this Agreement and for four (4) years thereafter. Design-Builder shall permit City, its agent, other representatives, or an independent auditor to audit, examine, and make excerpts, copies, and transcripts from all books and records, and to make audit(s) of all billing statements, invoices, records, and other data related to the Services covered by this Agreement. Audit(s) may be performed at any time, provided that City shall give reasonable prior notice to Design-Builder and shall conduct audit(s) during Design-Builder's normal business hours, unless Design-Builder otherwise consents. 42. Environmental Attributes and Energy Credits. City shall own all right, title, and interest associated with or resulting from the development, construction, installation and ownership of the System and each of its component parts. This ownership includes the production, sale, purchase or use of the energy output including, and includes without limitation: 42.1. All Environmental Incentives associated in any way with the solar electricity generating facilities provided by this Agreement ("Generating Facilities"). "Environmental Incentives" means all rights, credits (including tax credits), rebates, benefits, reductions, offsets and allowances and entitlements of any kind, howsoever entitled or named (including carbon credits and allowances),whether arising under federal, state or local law, international treaty, trade association membership or the like arising from the Generating Facilities or the energy produced or otherwise from the development, construction, installation or ownership of the Generating Facilities or the production,sale, purchase, consumption or use of the energy produced from the Generating Facilities. Without limiting the forgoing, Environmental Incentives include green tags, renewable energy credits, tradable renewable certificates, portfolio energy credits, the right to apply for (and entitlement to receive) incentives under the California Solar Initiative or other incentive programs offered by the State of California or federal government and the right to claim federal income tax credits under Section 45 or 48 of the Code as such credits are available arising from the Environmental Attributes of the Generating Facilities or the energy produced from the Generating Facilities or the production, sale, purchase,consumption or use of the energy produced from the Generating Facilities. 42.2. All rights and interests in performance based incentive payments to be made under the California Solar Initiative. 42.3. All reporting rights and the exclusive rights to claim responsibility for the delivery of the energy from : the Generating Facilities. 42.4. All reporting rights and the exclusive rights to claim responsibility for the reductions in emissions of pollution and greenhouse gases resulting from the generation and delivery of energy. 42.5. All carbon reduction credits as defined under the California Action Reserve or such similar definition as enacted by the State of California or the U.S. Federal Government. 42.6. All "renewable energy credits," as such term is defined in Section 399.12(h)(2) of the California Public Utilities Code, associated with the Generating Facilities. • 42.7. The proceeds of any and all other incentive programs available in relation to the System. 43. Disputes. In the event of a dispute between the parties as to performance of the Work, the interpretation of this Agreement, or payment or nonpayment for work performed or not performed, the parties shall attempt to resolve the dispute by those procedures set forth in Public Contract Code section 20104, et seq., - 21 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P321 Attachment C.2 - Example Design Build Agreement • if applicable. Pending resolution of the dispute, Design-Builder agrees it will neither rescind the Agreement nor stop the progress of the Work, but will allow determination by the court of the State of California, in the county in which City's administration office is located, having competent jurisdiction of the dispute. All claims of over$375,000,which are outside the scope of Public Contract Code section 20104, et seq., may be determined by mediation if mutually agreeable, otherwise by litigation. The demand for mediation of any claim over $375,000 shall be made within the required Notice of Claim submitted by the Design-Builder as set forth herein, or within a reasonable time after written notice of the dispute has been provided by City to the Design-Builder. 43.1. In the event of a dispute between the parties described in this Section, pending resolution of the dispute(s), Design-Builder agrees to and shall continue the Work diligently to completion conditioned only on City's payment of undisputed amounts. If the dispute is not resolved, Design- Builder agrees it will not stop, delay, or hinder progress of the Work, but shall continue the Work diligently to completion conditioned only on City's payment of undisputed amounts. • 44. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served, and received if given in writing and either personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service, addressed as follows: • City Design-Builder City Corporation [ADDRESS) [ADDRESS) ATTN: Attn: Email: Email: Any notice personally given or sent by facsimile transmission shall be effective upon receipt. Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service. Any notice given by mail shall be effective three (3) days after deposit in the United States mail. 45. Governing Law. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the Superior Court of the County of San Bernardino,California. City 46. Severability. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. If any statute referenced herein is rendered inapplicable by a succeeding statute, the succeeding statute shall be deemed to supersede and replace the original statute. 47. Waiver. Any delay or forbearance in enforcing,or failure to enforce any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant,or condition herein contained. 22 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and • P322 Attachment C.2 — Example Design Build Agreement 48. Captions and Interpretations. Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. No provision of this Agreement shall be interpreted for or against a party because that party of its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties. 49. Incorporation of Recitals and Attachments. The Recitals and each Attachment attached hereto are hereby incorporated herein by reference. 50. Cooperation. The Parties hereto hereby agree to execute all such other documents and to take all such other action as may be reasonably necessary to effect the purposes of this Agreement. 51. Binding Contract. This Agreement shall be binding upon the parties hereto and upon their successors and assigns,and shall inure to the benefit of said parties and their successors and assigns. 52. Authority to Bind Parties. Neither party in the performance of any and all duties under this Agreement, except as otherwise provided in this Agreement, has any authority to bind the other to any agreements or undertakings. 53. No Rights in Third Parties. This Agreement does not create any rights in,or inure to the benefit of,any third party except as expressly provided herein. 54. Signature Authority. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement. 55. Counterparts. This Agreement and all amendments to it may be executed in counterparts, each of which • shall be deemed an original. A facsimile or electronic signature shall be deemed to be the equivalent of the actual original signature. All counterparts so executed shall constitute one document binding all the Parties hereto. • 56. Provisions Required By Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. 57. Entire Contract. This Agreement sets forth the entire contract between the parties hereto and fully supersedes any and all prior agreements, understanding, written or oral, between the parties hereto pertaining to the subject matter thereof. This Agreement may be modified only in writing upon mutual consent. • - 23 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P323 Attachment C.2 — Example Design Build Agreement 58. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the date indicated below. • CITY DESIGN-BUILDER Date: , 20_ Date: , 20_ By: By: Print Name: Print Name: Print Title: Print Title: Address: License No.: Telephone: Address: Facsimile: Telephone: E-Mail: Facsimile: E-Mail: Information regarding Design-Builder: • Proper Name: Employer Identification and/or Social Security License No.: -- --- Number Address: Telephone: • Facsimile: E-Mail: Type of Business Entity: Individual Sole Proprietorship Partnership Limited Partnership Corporation,State: Limited Liability Company Other: - 24 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P324 Attachment C.2- Example Design Build Agreement Attachment A-1 Site Information [INSERTED FROM RFP. THIS IS A DESCRIPTION OF EACH SITE AND SYSTEM. THE DESCRIPTION OF THE SCOPE WILL BE FINALIZED WITH THE SELECTED SOLAR CONTRACTOR.] Items to be included in scope description: • System Size(DC kW) • System Location • Modules • Inverter • Mounting Structure • Tracking System • Generation meters • Data Acquisition System/Monitoring System • Preliminary Layout of the System • Expected generation of each system • Special conditions • Key elements of Design-Builder's proposal that need documentation in the Agreement - 25 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P325 Attachment C.2 - Example Design Build Agreement Attachment A-2 Design Specifications [DESIGN SPECIFICATIONS FROM THE RFP, INCLUDING ADDENDA TO THE RFP AND THE, IF ANY,WILL BE INSERTED HERE.] - 26 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and • P326 Attachment C.2 - Example Design Build Agreement Attachment B.2 Pricing Proposal and Production Form (Bid Sheet) See Excel file"Attachment B-2" • - 27 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P327 Attachment C.2 -Design Build Agreement PREVAILING WAGE CERTIFICATION I hereby certify that I will conform to the State of California Public Works Contract requirements regarding prevailing wages, benefits, on-site audits with 48-hours' notice, payroll records, and apprentice and trainee employment requirements,for all Work on the above Project. Date: Name of Design-Builder: Signature: • Print Name: Title: - 28 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P328 Attachment C.2-Design Build Agreement WORKERS'COMPENSATION CERTIFICATION Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. b. By securing from the Director of Industrial Relations a certificate of consent to self-insure,which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. Date: Name of Design-Builder: Signature: Print Name: Title: (In accordance with Article S - commencing at section 1860, chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any Work under this Agreement.) • - 29 - Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and P329 ASBESTOS&OTHER HAZARDOUS MATERIALS CERTIFICATION Design-Builder hereby certifies that no Asbestos,or Asbestos-Containing Materials, polychlorinated biphenyl(PCB), or any material listed by the federal or state Environmental Protection Agency or federal or state health agencies as a hazardous material, or any other material defined as being hazardous under federal or state laws, rules, or regulations "New Material Hazardous",shall be furnished, installed, or incorporated in any way into the Project or in any tools, devices, clothing, or equipment used to affect any portion of Design-Builder's work on the Project for City. Design-Builder further certifies that it has instructed its employees with respect to the above-mentioned standards, hazards, risks,and liabilities. Asbestos and/or asbestos-containing material shall be defined as all items containing but not limited to chrysotile, crocidolite, amosite, anthophyllite,tremolite, and actinolite. Any or all material containing greater than one-tenth of one percent(.1%)asbestos shall be defined as asbestos-containing material. Any disputes involving the question of whether or not material is New Hazardous Material shall be settled by electron microscopy or other appropriate and recognized testing procedure, at City's determination. The costs of any such tests shall be paid by Design-Builder if the material is found to be New Hazardous Material. All Work or materials found to be New Hazardous Material or Work or material installed with "New Hazardous Material" containing equipment will be immediately rejected and this Work will be removed at Design-Builder's expense at no additional cost to City. Design-Builder has read and understood the document Hazardous Materials Procedures& Requirements, and shall comply with all the provisions outlined therein. Date: Name of Design-Builder: Signature: Print Name: Title: - 30 — Agreement for Design, Installation and Commissioning of Solar/Photovoltaic System between and Attachement D.1-Proposal Checklist P330 City of Rancho Cucamonga Solar Proposal Submittal Checklist-For Contractors Instructions:Complete the blue cells to ensure all required proposal items are submitted. VENDOR NAME Included? Notes Required item Required Format (Y/N) (Optional) Proposal Cover Letter PDF or MS Word PART I Table of Contents PDF or MS Word PART II Project Narrative PDF or MS Word PART III Qualifications and Experience MS Excel:Attachment B.1' Documentation of current and valid required Contractor's License(s). PDF PART IV Key Personnel PDF or MS Word PART V Pricing Proposal and Production Form MS Excel:Attachment B.2" PART VI Technical Proposal PDF or MS Word Performance Guarantee PDF or MS Word Operations&Maintenance Agreement PDF or MS Word Warranties PDF or MS Word PART VII Proposed Project Approach PDF or MS Word PART VIII Financial Strength PDF or MS Word Audited financial statements for the past 3 years. Links preferable PART IX Financing Methodologies PDF or MS Word PART X Implementation Plan(narrative) PDF or MS Word GANTT style project schedule MS Project or Primavera P6 PART XII Exception and Exclusion PDF or MS Word PART XIII Sample PPA Template(optional) PDF or MS Word Terms and Conditions Signature Page 7 signed PDF or MS Word Attachments 8.1 and 8.2 must be submitted in a separate sealed envelopes with the RFP number,project title and contractor name on the envelope cover,titled"111-Qualifications and Experience"and"B.2-Pricing Proposal and Production". Last updated:1/30/15 Page 1 of 1 Newcomb Anderson McCormick P331 STAFF REPORT tt t� ADIDIINISTRATIVE SERVICES GROUP L`' i RANC HO Date: March 4, 2015 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager By: Robert Neiuber, Human Resources Director Subject: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING A SIDE LETTER AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 RELATED TO THE PARAMEDIC PAY DIFFERENTIAL AND EMPLOYEE CONTRIBUTIONS TO THE COST OF THE CALPERS RETIREMENT BENEFIT RECOMMENDATION Staff is recommending that the Board of Directors of the Rancho Cucamonga Fire Protection District approve a resolution amending the language in the Memorandum of Understanding with the Rancho Cucamonga Firefighters Local 2274 to clarify that the Paramedic pay differential for employees hired after January 1, 2015, and providing for an increase to the amount of PERS contributions paid by the employees to five percent (5%), effective the first full pay period in July. BACKGROUND The Board of Directors previously approved Resolution 14-012 adopting the Fire Union Memorandum of Understanding (MOU) effective July 1, 2014, pertaining to salary, benefits and other terms of employment. The MOU runs through June 30, 2017. The current MOU contains language related to the Paramedic pay differential. Subsequent to the approval of the MOU, the Fire Union and the Rancho Cucamonga Fire Protection District (District) engaged in a conversation related to the continuation of the pay differential when an employee promotes to another position within the District. The new language makes it clear that employees hired after January 1, 2015, who receive the paramedic pay differential and then promote to another position within the District only retain the Paramedic pay differential at the discretion of the Fire Chief. This change clarifies the matter for the future administration of the program. During these discussions, the Fire Union indicated their willingness to increase the amount that they pay towards their retirement costs up to the maximum limit in the MOU (5%), even though the formula in the MOU would not require the additional amount this fiscal year. Fire Union covered employees not considered New Members under the Public Employee Pension Reform Act(PEPRA) are currently paying two percent(2%)of their PERSable salary towards the cost of the Ca1PERS retirement benefit. The side letter outlines that effective the first full pay period in July of 2015 the Fire Union covered employees not considered New Members under PEPRA would pay five percent (5%) of their PERSable salary towards the cost of the Ca1PERS retirement benefit as outlined in the attached side P332 PAGE 2 MARcrl 4,2015 letter. Based on the budgeted salary for all Fire Safety employees, Fire Union and Fire MEG, this could result in a saving of up to $250,000 for the Fire District next fiscal year. Attachments Resolution Approving Side Letter Agreement Side Letter Agreement • • P333 RESOLUTION NO. FD 15-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN . BERNARDINO COUNTY, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Firefighters Local 2274 (Union) have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the District and Union have agreed upon and presented to this City Council a Side Letter Agreement (see attached Side Letter Agreement) that amends the current Memorandum of Understanding effective July 1, 2014, to June 30, 2017, related to the Paramedic pay differential for employees hired after January 1, 2015, and provides for an increase in contributions paid by employees not considered New Members under the Public Employees Pension Reform Act to the maximum amount allowed in the MOU, which is five percentage points (5%) of their PERSable salary, towards the cost of the CaIPERS retirement benefit as outlined in the Side Letter Agreement. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District, hereby resolves, that said Side Letter Agreement is hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreement on behalf of the District, and the Secretary to attest thereto. Resolution No. FD 15- — Page 1 of 2 P334 PASSED, APPROVED, AND ADOPTED this 4th day of March 2015. • • L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 54h day of March 2015. Executed this 4th day of March 2015 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary • Resolution No. FD 15- — Page 2 of 2 P335 SIDE LETTER OF AGREEMENT BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE RANCHO CUCAMONGA FIRE FIGHTERS' LOCAL 2274 The Rancho Cucamonga Fire Protection District ("District") and the Rancho Cucamonga Fire Fighters' Local 2274("Union")have a Memorandum of Understanding("MOU")that commenced on July 1, 2014 and is set to end on June 30, 2017. The Parties now wish to enter into this new Side Letter of Agreement to memorialize the following changes agreed to by both sides. Additional wording would be added to the Fire Union MOU in ARTICLE I COMPENSATION, § 2 Salary Plan, 13. Paramedic Compensation, making it clear that the Fire Chief can determine if the paramedic pay differential would continue upon promotion for District employees hired after January 1, 2015. Additional wording would be added to the Fire Union MOU in ARTICLE I COMPENSATION, § 7 Retirement Plan,A.Benefits, indicating that the Fire Union employees have agreed to pay the not to exceed amount of employer paid PERS as agreed to in the MOU beginning the first full pay period in July 2015. ARTICLE I COMPENSATION § 2. Salary Plan 13. Paramedic Compensation Regardless of the classification of unit members who are eligible for paramedic compensation, said compensation shall be the equivalent of 13.92% ($967.30) per month of Step E of the base salary of the Engineer Classification. Paramedic pay differential may be authorized for any of the company ranks of firefighter, fire engineer or fire captain. Effective for employees hired after January 1, 2015, the paramedic pay differential may not be continued upon promotion according to District need and at the discretion of the Fire Chief. §7. Retirement Plan A. Benefits District is enrolled in the State of California Public Employee's Retirement System. Except as described herein, all benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: 1. Employees hired prior to July 1, 2011: § 21362.2 3%at 50 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation P336 District pays and reports 9%normal PERS member contributions by resolution. Beginning July 1, 2014, employees hired prior to July 1, 2011, will contribute toward the employer share of Ca1PERS in an amount equal to the annual increase from the FY 2013/14 base year in the first tier employer rate (if any) that has been rounded to the nearest full percentage point,not to exceed a total of 5%. For example, for FY 2014/15,the first tier employer rate will increase from 26.14% to 27.849%, which by this formula will require employees to contribute 2% of pay toward the employer share (28% - 26%= 2%). The District will adopt a resolution providing that all employee Ca1PERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Beginning the first full pay period in July 2015, employees hired prior to July 1. 2011, shall pay three percentage points(3%)in addition to the two percentage points(2%)outlined above, for a total of five (5%)percentage points of the normal Ca1PERS employer contribution. 2. Employees hired on or after 7/1/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21363.3 3%@55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation District pays and reports 8% normal PERS member contributions; employee pays 1%of the member contribution by resolution. The District has adopted a resolution providing that all employee Ca1PERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). In addition to the member contribution of 1% in accordance with the preceeding paragraph, beginning July 1, 2014, employees hired on July 1, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, will contribute toward the employer share of Ca1PERS in an amount equal to the annual increase from the FY 2013/14 base year in the first tier employer rate (if any) that has been rounded to the nearest full percentage point, minus 1%, not to exceed a total of 4%. For example, for FY 2014/15, the first tier employer rate will increase from 26.14% to 27.849%, which by this formula will require employees to contribute an additional 1% of pay toward the employer share ((28%-1%)- 26%=1%). The District will adopt a resolution providing that all employee CaIPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Beginning the first full pay period in July 2015, employees hired on July 1, 2011 and through December 31, 2012. as well as Classic PERS members who are hired on or after January 1, 2013, shall pay four percentage points (4%) of the normal Ca1PERS employer contribution, in addition to the portion of the Member's contribution outlined above. 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1,2013: P337 Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CaIPERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2.7% at 57 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CaIPERS. As of the effective date of this MOU, the required employee contribution for new members is 11.5% of reportable compensation. This amount will be adjusted periodically by Ca1PERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CaIPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). B. Military Service Buy-Back District provides for employees to buy back military service credit at the employee's own expense pursuant to PERS regulations. 1 For the Rancho Cucamonga Fire For the Rancho Cucamonga Fire Fighters' Protection District: Local 2274: John R. Gillison, Mike McCliman City Manager President Rancho Cucamonga Fire Fighters' Local 2274 Date Date P338 STAFF REPORT b� I ADNIINIST1u TIVE SERVICES GROUP L • RANCHO Date: March 4, 2015 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager Y/ By: Robert Neiuber, Human Resources Director Subject: CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING A SIDE LETTER AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP RELATED TO EMPLOYEE CONTRIBUTIONS TO THE COST OF THE CALPERS RETIREMENT BENEFIT RECOMMENDATION Staff is recommending that the Board of Directors of the Rancho Cucamonga Fire Protection District approve a resolution amending the language in the Memorandum of Understanding with the Rancho . Cucamonga Fire Management Employees Group to increase the amount of PERS contributions paid by the employees to five percent (5%), effective the first full pay period in July. BACKGROUND The Board of Directors previously approved Resolution 14-003 adopting the Fire Management Employees Group Memorandum of Understanding(MOU)effective July 1, 2014,pertaining to salary, benefits and other terms of employment. The MOU runs through June 30, 2017. The Fire Management Employees Group (MEG) recently approached the District and indicated its willingness to increase the amount that employees pay towards their retirement costs, up to the maximum limit in the MOU (5%), even though the formula in the MOU would not require the additional amount this fiscal year. Fire MEG covered safety employees are currently paying two percent (2%) of their PERSable salary towards the cost of the CaIPERS retirement benefit. The maximum amount set forth in their MOU is five percent (5%). The side letter outlines that effective the first full pay period in July of 2015,the Fire MEG covered safety employees would pay five percent (5%) of their PERSable salary towards the cost of the Ca1PERS retirement benefit as outlined in the attached side letter. Based on the budgeted salary for all Fire Safety employees, Fire Union and Fire MEG, this could result in a saving of up to $250,000 for the Fire District next fiscal year. Attachments Resolution Approving Side Letter Agreement Side Letter Agreement P339 RESOLUTION NO. FD 15-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY, CALIFORNIA, APPROVING A SIDE LETTER AGREEMENT BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Fire Management Employee Group "Fire MEG" have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the District and Fire MEG have agreed upon and presented to this City Council a Side Letter Agreement (see attached Side Letter Agreement) that amends the current Memorandum of Understanding effective July 1, 2014, to June 30, 2017, related to an increase in contributions paid by safety employees not considered New Members under the Public Employees Pension Reform Act to the maximum amount allowed in the MOU, which is five percentage points (5%) of their PERSable salary, towards the cost of the CaIPERS retirement benefit as outlined in the Side Letter Agreement. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District, hereby resolves, that said Side Letter Agreement is hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreement on behalf of the District, and the Secretary to attest thereto. Resolution No. FD 15- — Page 1 of 2 P340 PASSED, APPROVED, AND ADOPTED this 4th day of March 2015. • L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 54h day of March 2015. Executed this 4th day of March 2015 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 15- — Page 2 of 2 P341 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP The Rancho Cucamonga Fire Protection District("District")and the Fire Management Employees Bargaining Group ("Fire MEG") have a Memorandum of Understanding ("MOU") that commenced on July 1,2014 and is set to end on June 30,2017. The Parties now wish to enter into this new Side Letter of Agreement to memorialize the following change agreed to by both sides. Additional wording would be added to the Fire MEG MOU in ARTICLE II COMPENSATION, § 7 Retirement Plan, A. Benefits: Safety Members, indicating that Fire MEG's safety employees have agreed to pay the not to exceed amount of employer paid PERS as agreed to in the MOU beginning the first full pay period in July 2015. ARTICLE II COMPENSATION 47 Retirement Plan A. Benefits: Safety Members District is enrolled in the State of California Public Employee's Retirement System. Except as described herein, all benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: 1. Employees hired prior to July 9, 2011: § 21362.2 3%at 50 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation District pays and reports 9%normal PERS member contributions by resolution. Beginning July 1, 2014, employees hired prior to July 9, 2011, will contribute toward the employer share of Ca1PERS in an amount equal to the annual increase from the FY 2013/14 base year in the first tier employer rate (if any) that has been rounded to the nearest full percentage point, not to exceed a cumulative total of 5% during the term of this MOU. For example,for FY 2014/15,the first tier employer rate will increase from 26.14%to 27.849%,which by this formula will require employees to contribute 2%of pay toward the employer share(28%- 26%= 2%). The District will adopt a resolution providing that all employee Ca1PERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Beginning the first full pay period in July 2015, employees hired prior to July 1, 2011,shall pay three percentage points(3%)in addition to the two percentage points(2%)outlined above, for a total of five (5%) percentage points of the normal Ca1PERS employer contribution. P342 2. Employees hired on or after 7/9/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21363.3 3%@55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation District pays and reports 8% normal PERS member contributions; employee pays 1%of the member contribution by resolution. The District has adopted a resolution providing that all employee Ca1PERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). In addition to the member contribution of 1% in accordance with the preceding paragraph, beginning July 1, 2014, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1,2013, will contribute toward the employer share of Ca1PERS in an amount equal to the annual increase from the FY 2013/14 base year in the first tier employer rate (if any) that has been rounded to the nearest full percentage point, minus 1%, not to exceed a total of 4%. For example, for FY 14/15,the first tier employer rate will increase from 26.14% to 27.849%, which by this formula will require employees to contribute an additional 1% of pay toward the employer share ((28%-1%)- 26%=1%). The District will adopt a resolution providing that all employee CaIPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Beginning the first full pay period in July 2015, employees hired on July 9. 2011 and through December 31. 2012. as well as Classic PERS members who are hired on or after January 1. 2013. shall pay four percentage points (4%) of the normal Ca1PERS employer contribution, in addition to the portion of the Member's contribution outlined above. 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a"new member" for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. Ca1PERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2.7% at 57 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by Ca1PERS. As of the effective date of this MOU,the required employee contribution for new members is 11.5%of reportable compensation. This amount will be adjusted periodically by CaIPERS, and the District employee contribution adjusted accordingly per state statute. P343 The District has adopted a resolution providing that all employee Ca1PERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). For The Rancho Cucamonga Fire For the Rancho Cucamonga Fire Management Protection District: Employees Bargaining Unit: John R. Gillison, Cheryl Roberts City Manager Fire Management Employees Bargaining Unit Date Date •