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2011/03/23 - Agenda Packet
�� THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION• L�J AGENDA RANCHO MARCH 23 CUCAMONGA 23, 2011 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL To ORDER I Roll Call Chairman Munoz_ Vice Chairman Howdyshell _ Fletcher_ Wimberly_ Oaxaca • I H. ANNOUNCEMENTS III. APPROVAL OF MINUTES March 9, 2011 Regular Meeting Minutes March 9, 2011 Adjourned Meeting Minutes IV. PUBLIC HEARINGS I The following Hems are public hearings in which concerned individuals may voice their opinion of the related project. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. A. DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add • 1 of 5 i�,xy� � PLANNING COMMISSION AGENDA MARCH 23, 2011 RANCHO CUCAMONGA a design guideline and will not result in an intensification of environmental impacts. This item will be forwarded to the City Council for final action. B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2010-00906 - NONGSHIM HOLDINGS - A request to add 73,454 square feet to an existing 265,676 square foot industrial building within the General Industrial (GI) District(Subarea 14), located at 12155 Sixth Street. APN: 0229-283-48. Related file: Minor Exception DRC2010-00907. Staff has found the proposed project to be within the scope of a project covered by a previously approved Initial Study and Mitigated Negative Declaration approved by the Planning Commission on October 9, 2002, and an addendum approved by the City Planner on October 22, 2003. Staff has prepared an addendum prepared per CEQA Section 15164 which does not raise or create new environmental impacts not already considered in that Initial Study. C. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00842- FOOTHILL&EAST LLC-KAMRAN BENJI-A Request • to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 & 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008- 00947, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043, Tree Removal Permit DRC2009-00861 and Development Code Amendment DRC2010-00562. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. D. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2009-00843- FOOTHILL&EAST LLC-KAMRAN BENJI -A request to construct a 61,800 square foot multi-tenant commercial center with a drive thru (Pad A) on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 & 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Development Review DRC2009-00842, Uniform Sign Program DRC2011-00043, Tree Removal Permit DRC2009- 00861 and Development Code Amendment DRC2010-00562. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. • 2 of 5 • • W ..y�`'�' PLANNING COMMISSION AGENDA I MARCH 23, 2011 RANCHO CUCAMONOA E. DEVELOPMENT CODE AMENDMENT DRC2010-00562 - FOOTHILL & EAST, LLC - KAMRAN BENJI - A request to amend the text in Development Code Section 17.32.080 (D)(6)(c) to allow for the removal and replacement of the grove of trees on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 & 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Development Review DRC2009-00842, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043, and Tree Removal Permit DRC2009-00861. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. F. UNIFORM SIGN PROGRAM DRC2011-00043 - FOOTHILL&EAST, LLC - KAMRAN BENJI - A request to establish a uniform sign program for a • .proposed shopping center within the Foothill Boulevard (Subarea 4) Community Commercial District approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, • Development Review DRC2009-00842, Conditional Use Permit DRC2009- 00843, Tree Removal Permit DRC2009-00861, and Development Code Amendment DRC2010-00562. G. TREE REMOVAL PERMIT DRC2009-00861 - FOOTHILL & EAST LLC - KAMRAN BENJI -A request to remove 123 trees for the development of a 61,800 square foot commercial retail center approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue in the Community Commercial District of the Foothill Specific Plan Subarea 4 - APN: 1100-201-03 & 07. Related Files: Preliminary Review DRC2008- 00284, Pre-Application DRC2008-00947, Development Review DRC2009- 00842, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043, and Development Code Amendment DRC2010-00562. V. PUBLIC COMMENTS. This is the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. • 3 of 5 • its PLANNING COMMISSION AGENDA �+ MARCH 23, 2011 RANCHO CUCAMONGA VI. COMMISSION BUSINESS/COMMENTS I VII. ADJOURNMENT I The Planning Commission has adopted Administrative Regulations that set an 11:00 p.m. adjournment time. If items go beyond that time, they shall be heard only with the consent of the Commission. I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on March 17, 2011, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga. ® If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. 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. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages 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 Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. • 4 of 5 1/2r PLANNING COMMISSION AGENDA MARCH 23, 2011 RANCHO CUCAMONGA • If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. All requests for items to be placed on a Planning Commission agenda must be in writing. The deadline for submitting these items is 6:00 p.m. Tuesday, one week prior to the meeting. The Planning Commission Secretary receives all such items. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m.to 6:00 p.m., except for legal City holidays. APPEALS • Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,164 for maps and$2,273 for all other decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http://www.ci.rancho-cucamonga.ca.us • 5 of 5 • Vicinity Map Planning Commission • Meeting March 23 , 2011 1 ; j r. ,..r rirs.. ej; y —y E a o c j I L C m L _ G co co a U co Q 2 2 c V Co X d j Ana 2 U I n® til t ct r ,t -�. W • 19th St.-61, — 1. i Base Line r1 / Line it l i' Church Church C, D, E, F oothill ', 1 Foothill and G r yt i Arrow >, c r c Arrow B d Jersey 8th > $ w d = I C7 6th\ ^- ooF c d j 6th N L C > Y 4th 1 Q 2 co pc 2 4th ®en Item A is Cit Wide * Meeting Location: • Y City Hall 10500 Civic Center Drive • STAFF REPORT tt PLANNING DEPARTMENT L DATE: March 23, 2011 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an • intensification of environmental impacts. This item will be forwarded to the City Council for final action. BACKGROUND: On October 27, 2010, the Planning Commission held a discussion on whether to formalize the City's current informal design review practice to require at least 20 percent of new single-family detached units within the Residential Development Districts to be single-story units. During the discussion, the Planning Commission suggested that a 25 percent set-aside would be more appropriate and suggested that it apply to the development of 4 or more single-family detached housing unit types. After the discussion, the Commission unanimously voted to initiate Development Code Amendment DRC2010-00724 and directed staff to process the Amendment. At the February 9,2011, Planning Commission meeting, staff requested a continuance of the project so that staff could solicit feedback from the development community of the proposed Development Code Amendment. Staff gathered the names of 13 developers who have processed applications in the City within the past 3 to 5 years. On February 17, 2011, a letter was sent to the 13 developers and the BIA requesting feedback on the proposed amendment by March 10, 2011. As of the date of preparation of this report, no feedback was received as part of staffs outreach. ANALYSIS: Staff analyzed' the appropriate section of the Development Code to add a general design guideline for single-story homes in new single-family developments within the Residential Development Districts and determined that this guideline should be added into the Design Guidelines of the Development Code; specifically, Section 17.08.90.C.16 (Single-Family Development). Accordingly, the following guideline will be added: Section 17.08.90.C.16.p. is hereby added to read as follows: At least 25 percent of all single-family units in any single-family residential development in a Residential Development District consisting of 4 or more units should be single-story units. The number of single-story units may be reduced on a • case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. The 25 percent set-aside applies only to the development of 4 or more single-family detached housing unit types and does not apply to multiple-family projects. Item A • PLANNING COMMISSION STAFF REPORT DRC2010-00724 — CITY OF RANCHO CUCAMONGA March 23, 2011 Page 2 • ENVIRONMENTAL ASSESSMENT: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated, with certainty, that there is no substantial evidence that the text amendment to add this design guideline will have a significant effect on the environment. CORRESPONDENCE: Since this item is a proposed text amendment with no specific project at this time, this item was advertised as a public hearing (1/8-page ad) in the Inland Valley Daily Bulletin newspaper. • RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council approve Development Code Amendment DRC2010-00724. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action. Respectfully submitted Jam(?:9144- R. Troyer, AICP Planning Director JRT:CB/ge • Attachments: Exhibit A— February 9, 2011, Planning Commission Report Exhibit B— Planning Commission Minutes dated February 9, 2011 Exhibit C—Letter dated February 17, 2011, to Development Community Draft Resolution of Approval Recommending Approval for Development Code Amendment DRC2010-00724 Draft Ordinance of Approval for Development Code Amendment DRC2010-00724 • A-2 • STAFF REPORT • PLANNING DEPARTMENT DATE: February 9, 2011 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. BACKGROUND: On October 27, 2010, the Planning Commission held a discussion on whether to formalize the City's current informal design review practice to require at least 20 percent of new single-family detached units within the Residential Development Districts to be single-story units. During the discussion, the Planning Commission suggested that a 25 percent set-aside would be more appropriate and suggested that it apply to the development of 4 or more single-family detached housing unit types. After the discussion, the Commission unanimously voted to initiate Development Code Amendment DRC2010-00724, and directed staff to process • the Amendment. ANALYSIS: Staff analyzed the appropriate section of the Development Code to add a general design guideline for single-story homes in new single-family developments within the. Residential Development Districts and determined that this guideline should be added into the Design Guidelines of the Development Code; specifically, Section 17.08.90.C.16 (Single-Family Development). Accordingly, the following guideline will be added: Section 17.08.90.C.16.p. is hereby added to read as follows: At least 25 percent of all single-family detached units in any single-family residential development in a Residential Development District consisting • of 4 or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. The 25 percent set-aside applies only to the development of 4 or more.single-family detached housing unit types, and does not apply to multiple-family projects. ENVIRONMENTAL ASSESSMENT: The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guideline • Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated with certainty that there is no substantial evidence that the text amendment to add this design guideline will have a significant effect A the environment. EXHIBIT A IBIT A-3 PLANNING COMMISSION STAFF REPORT DRC2010-00724— CITY OF RANCHO CUCAMONGA February 9, 2011 Page 2 • CORRESPONDENCE: Since this item is a proposed text amendment with no specific project at this time, this item was advertised as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached Resolution recommending that the City Council approve Development Code Amendment DRC2010-00724. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action at a future City Council meeting. Respectfully submitted, rvu9 K C� Jam R. Troyer, AICP Planning Director Attachments: Exhibit A— October 27, 2010, Planning Commission Report Exhibit B — Planning Commission Minutes, dated October 27, 2010 Draft Resolution of Approval Recommending Approval for Development Code Amendment DRC2010-00724 Draft Ordinance of Approval for Development Code Amendment • DRC2010-00724 • • A-4 • STAFF REPORT • PLANNING DEPARTMENT ■ DATE: October 27, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DRC2010-00724-CITY OF RANCHO CUCAMONGA — CONSIDERATION OF A POLICY RESOLUTION REGARDING SINGLE-STORY HOMES IN NEW SINGLE-FAMILY DEVELOPMENTS. BACKGROUND: The City's current informal design review practice is to require at least 20 percent of new single-family detached units within the Residential Development Districts to be single-story units. The 20 percent set-aside applies only to single-family detached • residences and does not apply to multiple-family projects. On September 22, 2010, the Planning Commission held a discussion on whether to formalize the City's current practice. The Planning Commission tentatively determined that 20 percent was an acceptable figure and directed staff to conduct a survey of neighboring cities to see if any have a formalized requirement for single-story homes. • • Staff conducted a survey of seven cities and found that five require a single-story set-aside. Of those five cities, three regulate the single-story set-aside through the Development Code and two cities regulate the single-story set-aside through separate policy documents such as Design Guidelines. The Planning Commission is now asked to determine whether the 20 percent set-aside should be adopted as a standing policy or an amendment to the Development Code. In either case, the 20 percent set aside would, consistent with current practice, apply only to the development of 10 or more single-family detached housing unit types, and would allow for reductions on a case-by-case basis based on the circumstances of the project; such as location, lot size, and topography. If the Planning Commission determines that a Development Code amendment is • •• needed, staff recommends that the requirement be incorporated into the Design Guidelines of the Development Code; specifically, Section 17.08.90.C.16 (Single-Family Development). For this to occur, the Planning Commission would need to initiate a Development Code Amendment. Specific language would then be drafted and brought back to the Commission for review before final action by the City Council. RECOMMENDATION: 1 . If the Planning Commission determines that a standing policy is appropriate, staff recommends that the Planning Commission adopt the attached resolution, which would establish a standing policy to require 20 percent of new single-family detached homes in residential developments of 10 units or more to be set-aside for single-story homes. • -1"? EXHIBIT A C" p �wiv PLANNING COMMISSION STAFF REPORT • DRC2010-00724 October 27, 2010 Page 2 • 2. If the Planning Commission determines that an amendment to the Development Code is appropriate, staff recommends that the Planning Commission initiate a Development Code Amendment to codify the set-aside requirement. Respectfully submitted, Jam s . Troyer, AICP Planning Director JRT:CB/ge Attachments: Exhibit A - September 22, 2010 Planning Commission Report Exhibit B - Single-Story Regulations Matrix Draft Resolution of Approval for DRC2010-00724 • • • • • C-2A-6 STAFF REPORT • Planning Department DATE: September 22, 2010 RANCHO CUCAMONGA TO: Chairman and Members of the Planning Commission FROM: James R. Troyer, AICP, Planning Director BY: Candyce Burnett, Senior Planner SUBJECT: DRC2010-00724-CITY OF RANCHO CUCAMONGA-REPORT AND DISCUSSION REGARDING THE PERCENTAGE OF SINGLE-STORY HOMES REQUIRED IN NEW HOME DEVELOPMENTS BACKGROUND: The City currently has an informal practice to require at least 20% of the homes in new single-family development proposals to be single story units. At a recent Design Review Committee meeting, the Committee requested this practice be formalized. The Committee also discussed whether the 20% requirement was appropriate and whether the single-story unit requirement should be incorporated into the Design Guidelines (Section 17.08.090.C. Site Plan Design) of the Development Code. This matter has been referred to the Planning Commission for discussion regarding: (1) whether the 20% single-story home requirement should be formalized, and if so how; and (2) to direct staff to study whether the single-story set-aside should remain at 20%. • RECOMMENDATION: The Planning Commission should determine if the informal practice of requiring 20% single-story units should be formalized and, if so direct staff to take one of the following actions: 1. Prepare a resolution 'for adoption by the Planning Commission that would establish a standing policy of requiring a percentage of new single-family residential developments be set aside for single-story homes. 2. Initiate a Development District Amendment to codify the requirement. 3. If the Commission decides that the single-story set-aside requirement should be formalized, staff also recommends that the Commission direct staff to study whether the single-story set-aside should remain at 20%. Respectfully submitted, R 4,74/ JameyR. Troyer, AICP Planning Director JRT/CB/Is • EXHIBIT A QG; �'��� A-7 S a) N o N a) N a) -71- co CD rbirti -71- co) N N - •or CD CD : CN N C N ' in 4E 4 (.1) 0 - D ,,kilatt, LO QD 2 co co ul al o 01)PSEI. 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S - -0 I U)- 5 c' ) 73 i- i;) ci Za-4g 0 5 CI) o ct) 0) 0 s 0 0 0 1 ogutni 0 0 TV F re :.0 u) o v) w co o s a)a) a a) Yisf= >- >- >- >- >- z =pa); 0 cC0 liRr. nc. 6 0 0 co ra nter cl 70 1 ca (0 0 Wifli)1 .52 0 c a) C (-- 0,443Z C a) .> :E 1E 8 8 Both13.0 o Awe) u_ 1 0 0 0 2 2 • 7r -V\e...b rj,..*:„..c.vp o) EXHIBIT B ' , \„ - s RESOLUTION NO. 10-49 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ADOPTING DRC2010-00724, A POLICY OF REQUIRING A 20 PERCENT SINGLE-STORY HOME SET- ASIDE FOR NEW SINGLE-FAMILY DETACHED DEVELOPMENTS OF 10 UNITS OR MORE. A. Recitals. 1. At the public meeting of the Planning Commission of the City of Rancho Cucamonga on October 27, 2010, the Planning Commission considered the.adoption of a policy requiring a percentage of new homes in new residential developments be set aside for single-story homes. 2. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, The Planning Commission of the City of Rancho Cucamonga hereby finds, determines, and resolves as follows: 1. All facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Commission hereby adopts the following policy: At least 20 percent of all single-family units in any single-family detached • residential development in a Residential Development District consisting of 10 or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. 3. The Secretary to this Commission, or his or her designee, shall implement the policy stated in the preceding Section 2 and shall from time to time recommend to the Commission any changes that he or she believes are necessary. 4. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 2010. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ()ATTEST: James R. Troyer, Secretary A-9 • • PLANNING COMMISSION RESOLUTION NO. 10-49 DRC2010-00724 — CITY OF RANCHO CUCAMONGA October 27, 2010 Page 2 • • I, James R. Troyer, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of October, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • • • . A-10 NEW BUSINESS • C. DRC2010-00724 - CONSIDERATION OF A POLICY RESOLUTION REGARDING SINGLE- STORY HOMES IN NEW SINGLE-FAMILY DEVELOPMENTS - CITY OF RANCHO CUCAMONGA. Candyce Burnett, Senior Planner, presented the staff report. She noted that this request to formalize this policy is not for mixed use or multi-family projects; it only applies to new single-family home developments. Commissioner Fletcher noted that we had a prior informal policy and there has a problem enforcing that. He said we encourage developers to include single-story product, but we may end up with two- story product. He asked what the difference is between this proposal and the prior policy. Ms. Burnett said the first option would be to adopt a policy by resolution and the second option is a Development Code amendment. Commissioner Fletcher asked if the policy is enforceable. Steven Flower, Assistant City Attorney, noted that many policies are incorporated into the design guidelines but are not absolute requirements and the ultimate discretion is with decision making bodies. He said the problem was that the 20% requirement was not written anywhere. He said by adopting the written policy so everyone knows, and by codifying it;furthers the ability to uphold it as we could make it mandatory. He said if it is not the intent of the Commission to make it a hard cap it allows some flexibility for special situations if for example, the lot size does not fit. He said there is functionally no difference between adopting the formal written policy or a Development Code Amendment. He said there is a practical difference in that if the Commission desires to have a • Code amendment, the Commission would initiate the amendment and then it would have to go to • the City Council for final approval and it would be part of the Code. He said it takes more to get there with that option. Commissioner Fletcher confirmed that even if it is codified, the Commission could still make a case by case exception. • Mr. Flower said yes, and they could adjust the language in a resolution as well. He said the language that is proposed is not set in stone, and.if the Commission desires a mandatory 20% single-story set aside, then that could be included. He said the language in the draft resolution could also be adjusted. Commissioner Fletcher said when the City had the prior rapid build out, there was some desire for some flexibility, but now the City has a lack of single-story homes. He said there are not many remaining opportunities to get the right mix of single-story homes; this is 8 years too late. He confirmed that if we implemented a policy and if the property owners/developers entitlements have expired they would have to renew their applications and it would be brought up for review including their single-story set aside. Mr. Flower noted that the result would be the same if a Code amendment was in place. If an entitlement expired they would have to come back and comply with the current rules. • James Troyer, Planning Director, also noted that this would not affect applications that are already deemed complete. Commissioner Fletcher said he thought it should be a requirement and he would suggest a 25% • requirement for the development of 4 houses or more with flexibility to waive the requirement. Planning Commission Minutes -10- October 27, 2010 • EXHIBIT - B Z— �I- Zo:\ Al 1 Ms. Burnett noted the survey of other cities included 5 units or more and they ranged from a 15-25% • set aside. Vice Chairman Howdyshell said she is an advocate of single-story homes. She remarked that the • City is 90% built out and seniors want to stay here. She said she would like to see some muscle in the requirement and the builders need to see that we want to serve our community needs. Chairman Munoz concurred with staff. He said he has wanted to have a policy, but was unsure of what the standing policy was. He said whether it be a resolution or codified as an amendment, it is irrelevant, and he is pleased that it is getting support from his fellow commissioners. Vice Chairman Howdyshell said she Would like to focus on a community that is 55+ development and/or single-story homes for what we have left for residential development. Commissioner Fletcher asked if a set aside of 25% for 4 or more would cause a problem and if there would still be some flexibility. He said he favors it to be more restrictive than not. Chairman Munoz asked if the Planning Commission would like a code amendment for a 25% set aside in developments of 4 homes or more. Vice Chairman Howdyshell said the more single-story homes, the better. Mr. Flower said that if the Commission opts to process a Development Code amendment, a public hearing would be required and staff would have to have to work out the numbers. To present to the Commission. Commissioner Oaxaca said he agrees that the Commission can send a strong message for what the City should have in this regard. Mr. Flower noted that staff will have to bring this back with a draft resolution for review as a public • hearing. • Motion: Moved by Fletcher, seconded by Oaxaca, to initiate a Development Code Amendment requiring a single-story set aside of 25%for new single-family housing developments consisting of 4 or more units. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE • - ABSENT: NONE - carried PUBLIC COMMENTS Ed Dietl thanked the Planning Commission as he is a big supporter of single-story homes. He asked if anything is being considered regarding the need for single-story rental apartments and condos. He said he would like rental units on one level. COMMISSION BUSINESS James Troyer, Planning Director, said the land economics would be difficult for that to pencil out for the builders. He said currently there is not a requirement for this and that requirement would be difficult to adopt. • • Planning Commission Minutes -11- October 27, 2010 A-12 • Joe Martin, Richmond American Homes said he worked with staff and the DRC. He said Richmond American is proud of their project. Vice Chairman Howdyshell commented that she really likes the courtyard area and the single-story product. Chairman Munoz opened the public hearing and seeing and hearing no comment, closed the public hearing. Vice Chairman Howdyshell said the area residents are pleased that this project is in the works;that they are glad this last site is finally being developed. Commissioner Wimberly agreed. He said he worked with the applicant at DRC and he commended them. He noted that many people will like the single-story product. Commissioner Fletcher said it is a good product, and he is glad this section of the City to be developed. He said it is attractive product and although the French cottage front elevation is nice, the side elements are plain. He said he assumed this was discussed in the DRC. Chairman Munoz agreed and said the point is well taken about 360-degree architecture. He said good work was done on this. He said the project will also bring new jobs and residents to town. He said he appreciates the developer working with us and that it is a good product. He asked when they plan to start construction. Mr. Martin responded that it will be the end of April or the beginning of May. • Motion: Moved by Wimberly, seconded by Howdyshell, to adopt the Resolution of Approval for. DRC2010-00502 as amended by staff. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE • ABSENT: NONE - carried C. DEVELOPMENT CODE AMENDMENT DRC2010-00724-CITY OF RANCHO CUCAMONGA- A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. • James Troyer, Planning Director, noted that this was being brought forward per Commission direction. He said staff desires to send the draft ordinance to the development community first, get their input, and address any concerns. He said staff anticipates this will be brought back to the Commission at the first or second meeting in March. Commissioner Fletcher said he believes this is a good move and that it is important to have them involved in these decisions. He said we should also let them know that the City is nearly built out and this is a catch up measure. He said some builders may say it will reduce their bottom line. Commissioner Wimberly concurred and said it would be good to get their"buy-in" beforehand and • then they can pencil this factor in when they are planning their single-family residential projects. Planning Commission Minutes -3- February 9, 2011 EXHIBIT B A-13 Commissioner Oaxaca agreed that it is important to let the building community know that we are doing what we need to do to service the needs of this community. Chairman Munoz agreed that it is important to get their input and that it will be better received if they • can weigh in before this is implemented. Commissioner Fletcher also noted that there is flexibility in the language that allows this requirement to be modified under certain circumstances. Motion: Moved by Fletcher, seconded by Wimberly, to continue the item to a date non-specific to allow time to do some outreach on the draft ordinance. The item will be re-advertised for a future meeting date. Motion carried by the following vote: AYES: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY NOES: NONE ABSENT: NONE - carried « « « « PUBLIC COMMENTS None COMMISSION BUSINESS AND COMMENTS Vice Chairman Howdyshell said the clock tower at Base Line Road and Milliken Avenue turned out to be a nice looking structure. Chairman Munoz said it is a clock tower on the outside but the inside is a cell tower. He said he is • pleased to see it. Commissioner Fletcher noted that it possibly houses numerous antennae. Chairman Munoz confirmed that it has three different carriers, He then asked staff for a review of the goals recently set by the City Council. • James Troyer, Planning Director said staff will bring a report on the goals to the next meeting. * « « * * ADJOURNMENT Motion: Moved by Wimberly, seconded Oaxaca,carried 5-0,to adjourn. The Planning Commission adjourned at 7:38 p.m. Respectfully submitted, gl 4-, P ames R. Troyer, AICP ' ® Secretary Approved: February 23, 2011 • Planning Commission Minutes -4- February 9, 2011 A-14 LayerL. DENNIS MICHAEL•Mayor Pro Tern SAM SPAGNOLO \'.y i/ l Council Members WILLIAM J. ALEXANDER, CHUCK BUQUET, DIANE WILLIAMS 41 City Manager JACK LAM,AICP THE CITY OF RANCHO CUCAMONGA iit _sit RANCHO UCAMONGA . February 17, 2011 j/ L� - ,\ Mr. Carlos Rodriguez {�' ^ ;; ✓7 BIA 8711 Monroe Court, Suite B Rancho Cucamonga, CA 91730 SUBJECT: SINGLE-STORY SET-ASIDE WITHIN RESIDENTIAL DEVELOPMENT DISTRICTS - DEVELOPMENT CODE AMENDMENT DRC2010-00724 Dear Mr. Rodriguez: The City currently has an informal practice that requires single-family development proposals to provide a minimum of 20 percent single-story units. On October 27, 2010, the Planning Commission held a discussion on whether to formalize the City's current informal design review practice. During the discussion, the Planning Commission suggested that a 25 percent set-aside would be more appropriate and unanimously voted to initiate Development Code Amendment DRC2010-00724. Staff determined that this amendment would be appropriate as a design guideline within'the Design Guideline • Section of the Development Code, Section 17.08.90.C.16 (Single-Family Development). Accordingly, the following guideline will be added: Section 17:08.90.C.16.p. to read as follows: At least 25 percent of all single-family units in any single-family residential development in a Residential Development District consisting of 4 or more units should be single-story units. The number of single-story units may be reduced on a case-by- case basis when needed to serve the purposes of the Development Code and when • justified by such considerations as location, lot size, and topography. The 25 percent set-aside applies only to the development of 4 or more single-family detached housing unit types and does not apply to multiple-family projects. This item will be presented to the Planning Commission at the March 23, 2011, Planning Commission meeting. If the Planning Commission recommends approval, it will be brought to the City Council for final consideration and action.. If you have any questions or comments please contact Candyce Burnett, Senior Planner, at (909) 477-2750, Monday though Thursday from 7:00 a.m. to 6:00 p.m., before March 10, 2011. Sincerely, • PLANNING DEPARTMENT i mt-? K • / 'vvv) • Jam .' R. Troyer, AICP Planning Director • EXHIBITC Imonea,CML159-0807•Tel (9(19)477-2700• Fax (909)477-2849•www.CiryofRC.ue m of M 0 N co co n n N a CO N O) O) 0 U (OD 0 (0 CD 0 m CD 0 0 N m n a m 0 N (0 N O N (0 0 (0 (0 N N N a O( N m 0 N 0)i 0 N 0) ) m . 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E `o Q 0 ` = m 0 U E 0 m m ° E m ° `w d E o ° c m m = E E o = = u o ' • E c Q a o = C c m o o = v v a- c 2 c , m rn = CO o o0 E c ER°- >mc 0E0 ooE '- m E _ m = t vm c = _ ) c o55, z � a. >mr33a3co 0) . c x 5- 2 o) .a c_ C Co m C 0 m on co- m 0 E. g m a 0 A m 2 'c rn o 'm m LL EL E ) m E ° • U O O ° j U u o 0 N U E C o t : 92 v Cu 0 c a a O 5 m > m 't -2 C w a N m L 0m i O J = u 2 ( > N a • • m Cu 3 Z C m w C .21(5 m m g E co y m m y m `d it co = co -, i a 2 0 m A-16 - RESOLUTION NO. 11-12 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00724 TO ADD A DESIGN GUIDELINE OF REQUIRING A 25 PERCENT SINGLE-STORY HOME SET-ASIDE FOR NEW SINGLE-FAMILY DEVELOPMENTS OF 4 UNITS OR MORE BY ADDING SUBSECTION (p) OF SECTION 17.08.090.0.16 (SINGLE-FAMILY DEVELOPMENT) OF CHAPTER 17.08 (RESIDENTIAL DISTRICTS) OF TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2010-00724, the "Amendment," as described in the title of this Resolution. 2. On October 27, 2010, the Planning Commission voted to initiate the Amendment. 3. On February 9, 2011,the Planning Commission conducted a duly noticed public hearing on the Amendment and continued the item to allow time for outreach to the building community. 4. On March 23, 2011,the Planning Commission conducted a duly noticed public hearing on the Amendment and concluded said hearing on that date. • 5. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga hereby finds, determines, and resolves 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 March 23, 2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The Amendment applies to property located within the City; and • b. The Amendment does not conflict with the Land Use Policies of the General Plan, and is in conformance with the General Plan; and c. The Amendment will promote the goals and objectives of the Development Code by implementing the goals and objectives of the General Plan, protecting the stability of land uses within the City, and attaining the advantages resulting from comprehensive and orderly land use and resource planning; and • d. The Amendment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. A-17 PLANNING COMMISSION RESOLUTION NO. 11-12 DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA March 23, 2011 Page 2 • 3. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guidelines Section 15061(b)(3) because the proposed text change is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated, with certainty, that there is no substantial evidence that the text amendment to add this design guideline will have a significant effect on the environment. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 4. Based upon the findings and conclusions set forth in Paragraphs 1, 2, and 3, above,the Planning Commission hereby recommends adoption of the Draft City Council Ordinance, which would add Subsection (p.)of Section 17.08.90.C.16 (Single-Family Development)of Chapter 17.08 (Residential Districts) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code and is hereby added to read as follows: At least 25 percent of all single-family units in any single-family residential development in a Residential Development District consisting of 4 or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. • APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • A-18 ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00724, TO ADD A DESIGN GUIDELINE OF REQUIRING A 25 PERCENT SINGLE-STORY HOME SET-ASIDE FOR NEW SINGLE-FAMILY DEVELOPMENTS OF 4 UNITS OR MORE BY ADDING SUBSECTION (p) OF SECTION 17.08.090.C.16 (SINGLE-FAMILY DEVELOPMENT) OF CHAPTER 17.08 (RESIDENTIAL DISTRICTS) OF TITLE 17 (DEVELOPMENT • CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2010-00724, the "Amendment," as described in the title of this Resolution. 2. On October 27, 2010, the Planning Commission voted to initiate the Amendment. 3. On March 23, 2011, the Planning Commission conducted a duly noticed public hearing with respect to the Amendment and, following the conclusion thereof, adopted Resolution No. 11-12, recommending that the City Council adopt the Amendment. • 4. On , 2011, the City Council conducted a duly noticed public hearing on the Amendment. 5. 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: 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. 2. Based upon substantial evidence presented to the City Council during the above-referenced public hearing on , 2011, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The Amendment applies to property located within the City; and b. The Amendment does not conflict with the Land Use Policies of the General Plan, and is in conformance with the General Plan; and c. The Amendment will promote the goals and objective of the Development Code by implementing the goals and objectives of the General Plan, protecting the stability of land uses within the City, and attaining the advantages resulting from comprehensive and orderly • land use and resource planning; and A-19 CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2010-00724 — CITY OF RANCHO CUCAMONGA 2011 Page 2 • • d. The Amendment will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 3. The Planning Department staff has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under State CEQA Guidelines Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. It can also be demonstrated, with certainty, that there is no substantial evidence that the text amendment to add this design guideline will have a significant effect on the environment. The City Council has reviewed the Planning Department's determination of exemption, and based on its own independent judgment, concurs in the staffs determination of exemption. 4. Based upon the findings and conclusions set forth in Sections 1, 2, and 3 above, Subsection (p.) of Section 17.08.90.C.16 (Single-Family Development) of Chapter 17.08 (Residential Districts) of Title 17 (Development Code) of the Rancho Cucamonga Municipal Code is hereby added to read as follows and as shown in Attachment A: At least 25 percent of all single-family units in any single-family residential development in a Residential Development District consisting of 4 or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of • the Development Code and when justified by such considerations as location, lot size, and topography. 5. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the final 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 word 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. 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published pursuant to state law within fifteen (15) days after its passage, and this Ordinance shall become effective thirty (30) days after its passage. • • A-20 Rancho Cucamonga Development Code 17.08,090 f. Provide larger side yard setback (i.e., 10-12 feet minimum) on garage side of lot • to allow vehicular access to the rear yard. g. Provide greater variation in front yard setback on larger lots (i.e., 2 acre or larger). h. Locate driveways as far as possible from intersections. Substantially vary front yard setbacks. j. Provide two means of ingress and egress, not including access. k. Orient buildings to focus on good views. Vary garage treatments such as detached and semi-detached, side and rear entries, etc. • m. On flag lots, use 12-foot width for that portion of the driveway providing access to the garage to minimize concrete and maximize landscaping potential. n. Pair garages to create larger front yards, greater separation between driveways, and create variety along the streetscape. o. Taper three- or four-car garage driveways down to a standard two-car width at street. p. At least 25 percent of all single-family detached units in any single-family • residential development in a Residential Development District consisting of 4 or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. 17. Subdivision Design. The proper layout of a subdivision's circulation, drainage, and lot pattern is important to the success of the project. The following guidelines should be considered: a. Provide two means of ingress and egress. b. Use side-on cul-de-sacs, as opposed to standard cul-de-sacs, when adjacent to streets or pedestrian trails. c. Curvilinear streets are to be used whenever possible. Avoid a grid pattern. d. Maximum 800-foot straight section to avoid long, straight streets. e. Spacing for right-of-way widths, street sections, street radii, and intersections are to conform to the Street Design Policy available from the Engineering Division. f. Corner lots are to be wider than interior lots. g. Relate lots and streets to one another to create neighborhoods. • h. Relate development to adjacent development relative to street design and lot pattern. 17.08-53 ATTACHMENT A A-21 STAFF REPORT k • PLANNING DEPARTMENT 141 DATE: March 23, 2011 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: James R. Troyer, AICP, Planning Director BY: Tom Grahn, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2010-00906 — NONGSHIM HOLDINGS — A request to add 73,454 square feet to an existing 265,676 square foot industrial building within the General Industrial (GI) District (Subarea 14), located at 12155 Sixth Street - APN: 0229-283-48. Related file: Minor Exception DRC2010-00907. Staff has found the proposed project to be within the scope of a project covered by a previously approved Initial Study and Mitigated Negative • Declaration approved by the Planning Commission on October 9, 2002, and an addendum approved by the City Planner on October 22, 2003. Staff has prepared an addendum prepared per CEQA Section 15164 which does not raise or create new environmental impacts not already considered in that Initial Study. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Industrial; General Industrial (Subarea 14) • South - Industrial; General Industrial (Subarea 14) East - Industrial; General Industrial (Subarea 14) West - Vacant; General Industrial (Subarea 14) B. General Plan Designations: • Project Site - General Industrial North - General Industrial South - General Industrial East - General Industrial West - General Industrial C. Site Characteristics: The project site is located at the southwest corner of Sixth Street and Santa Anita Avenue and contains the existing Nongshim Holdings office, manufacturing, and warehouse facility. The 12.74-acre site is fully developed and contains an existing 265,676 square foot building and 449 parking spaces. There are existing industrial land uses located to the north, east, and south of the project site; the property to the west is vacant. D. Parking Calculations: The following tables provide a summary of parking calculations for the existing building and proposed building expansion. A related application, Minor Exception DRC2010-00907 (Exhibit H), approved a 25 percent reduction in the on-site parking requirements for this project, thereby reducing the on-site parking requirement from 550 to 413 parking spaces. The Minor Exception found that the operational characteristics of the business operations, the current parking demand, the number of employees per shift, and the number of employees per manufacturing process line supported a 25 percent reduction in on- site parking. Item B • PLANNING COMMISSION STAFF REPORT DRC2010-00906 — NONGSHIM HOLDINGS March 23, 2011 Page 2 • Existing Parking Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Provided Office 36,239 1/250 145 145 Manufacturing 120,496 1/500 241 245 Warehouse 108,941 1/1000 (1st 20,000 sq. ft.) 20 20 1/2000 (2nd 20,000 sq. ft.) 10 10 1/4000 (above 40,000 sq. ft.) 18 18 Subtotal 265,676 . 434 438 Truck 1 per dock high door 11 11 Total Parking 445 449 Proposed Parking Number of Number of Type Square Parking Spaces Spaces of Use Footage Ratio Required Proposed Office 36,239 1/250 145 145 Manufacturing 176,233 1/500 353 216 Warehouse 126,658 1/1000 (1st 20,000 sq. ft.) 20 20 1/2000 (2nd 20,000 sq. ft.) 10 10 1/4000 (above 40,000 sq. ft.) 22 • 22 Subtotal 339,130 550 413 • Truck 1 per dock high door 11 11 Total Parking 561 424 In addition to passenger vehicle parking requirements, one semi-trailer parking space is required for each dock-high door. There are 11 dock-high doors located on the west side of the existing building and 11 truck parking spaces. The location of these doors and the truck parking spaces are not affected by the proposed building expansion. ANALYSIS: Background: In October 2002, the Planning Commission approved Development Review DRC2002-00328, which allowed for the development of two industrial buildings totaling 458,304 square feet on 24.32 acres; however, specific to this project site, DRC2002-00328 allowed for the development of one building totaling 270,544 square feet on 12.74 acres. This building was originally designed as an office/warehouse facility with 5,000 square feet of office, 265,544 square feet of warehouse, and 225 parking spaces. In October 2003, the City approved Development Review DRC2003-00664, which allowed an alteration to the original project allowing for the development of an office, manufacturing, and warehouse building totaling 268,226 square feet, with 36,239 square feet of office, 123,046 square feet of manufacturing, and 108,941 square feet of warehouse, and 449 parking spaces (including 11 truck parking spaces). Subsequently, the 12.74-acre project site was fully developed with a 265,676 square foot industrial office, manufacturing, and warehouse building, 449 vehicle and truck parking spaces, related drive aisles, and on-site and perimeter landscaping. • 8-2 PLANNING COMMISSION STAFF REPORT DRC2010-00906— NONGSHIM HOLDINGS • March 23, 2011 Page 3 In November 2010, the applicant filed an application for DRC2010-00906 to add 73,454 square feet to the existing 265,676 square foot industrial building. The proposed 73,454 square foot addition would be developed on the site of the existing parking lot area directly east of, and adjacent to, the existing building. The proposed expansion includes 55,737 square feet of manufacturing and 17,717 square feet of warehouse floor area. Ninety-five existing parking spaces will be relocated to the paved area west of the existing building. Design Parameters: The project site is located at the southwest corner of Sixth Street and Santa Anita Avenue and is fully developed with a 265,676 square foot industrial manufacturing and warehouse building on 12.74 acres. The applicant is proposing the addition of 73,454 square feet of manufacturing and warehouse floor area along the east side of their building and the relocation of 95 parking spaces from the east side of the building to the west side of the building. The design of the proposed expansion is identical to the existing building, utilizing the same materials, finishes, colors, wall height, etc. The existing landscaping around the perimeter of the project site will not be disturbed, and the landscaping adjacent to the proposed expansion will match the existing landscaping pallet of the project site. The proposed expansion meets all applicable development standards and is in keeping with the design established under the original project approval. A. Design Review Committee: The Design Review Committee (Munoz, Wimberly, Granger) reviewed the project on January 18, 2011, and recommended approval. • B. Technical Review and Grading Committees: The Technical Review and Grading Committees reviewed the project on January 18, 2011, and recommended approval. C. Environmental Assessment: Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City of Rancho Cucamonga certified an Initial Study and Mitigated Negative Declaration in October 2002 in connection with the approval of Development Review DRC2002-00328, and an Initial Study Addendum was certified by the City of Rancho Cucamonga in October 2003 in connection with the approval of Development Review DRC2003-00664. Pursuant to CEQA Guidelines Section 15162(a), the City may prepare an addendum to a previously adopted Mitigated Negative Declaration if only minor technical changes or additions are necessary or none of the conditions that require the preparation of a subsequent EIR or negative declaration have occurred. Changes to previously approved project for which an EIR or negative declaration was adopted require a subsequent EIR or negative declaration if any of three conditions are found to exist: (1) Substantial changes in the project require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or • B-3 PLANNING COMMISSION STAFF REPORT DRC2010-00906 — NONGSHIM HOLDINGS March 23, 2011 Page 4 • (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows: (a) the project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. An addendum to the previously approved Mitigated Negative Declaration is appropriate in this case because a minor technical change to the project description in the original Mitigated Negative Declaration would be sufficient and there is no evidence that any of the conditions that would require a subsequent EIR or Negative Declaration are present. First, there is no indication that the minor changes to the project will create new significant environmental effects or cause a substantial increase in the severity of previously identified significant effects. The project entails the addition of 73,454 square feet to an existing industrial manufacturing and warehouse facility. Compared to the originally approved total • 270,544 square feet analyzed in the Mitigated Negative Declaration and the first Addendum, which considered 301,075 square feet, the additional square footage does not amount to a major change and would not create new significant impacts or increase the severity of any impacts previously identified in the Mitigated Negative Declaration. Second, there have been no substantial changes in the circumstances under which the project is being undertaken. The characteristics of the site and the surrounding properties are similar to those that have existed previously and do not indicate that there will be new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Finally , the City has received no new information of substantial importance that was unknown or could not have been known previously that indicates the project will have any significant effects not discussed in the Mitigated Negative Declaration, that any previously identified impacts will be substantially more severe, that any mitigation measure previously found infeasible would now be feasible, or that any mitigation measure considerably different from those analyzed in the previous Mitigated Negative Declaration would substantially reduce one or more significant effects on the environment. All mitigation measures established for the original project were addressed during the plan check, construction, and inspection of the project site during development. The new development of the additional 73,454 square feet on the project site will be subject to the same mitigation.measures. Additional or different mitigation measures are not required. In summary, the proposed project entails the expansion of an existing industrial manufacturing • and warehouse facility whose development was thoroughly analyzed for environmental impacts and for which mitigation measures were established and implemented. Although the B-4 PLANNING COMMISSION STAFF REPORT DRC2010-00906— NONGSHIM HOLDINGS • March 23, 2011 Page 5 proposed project involves the expansion of an existing building, there are no substantial changes in the project, its circumstances, or the information on hand that would suggest that the previous environmental review is inadequate. Pursuant to CEQA Guidelines Section 15164, an addendum will be added to the previously adopted Mitigated Negative Declaration to explain the changes to the project. Therefore, staff recommends that the Planning Commission find that no additional environmental review is required in connection with the City's consideration of this Development Review application. 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. RECOMMENDATION: Staff recommends that the Planning Commission approve Environmental Assessment and Development Review DRC2010-00906 through the adoption of the attached Resolution of Approval with conditions. Respectfully submitted, A' / •• Jating. Tro yer, AICP Planning Director JRT:TG\ge Attachments: Exhibit A - Site Utilization Plan Exhibit B - Site Plan Exhibit C - Floor Plans Exhibit D - Elevations Exhibit E - Landscape Plan Exhibit F - Grading Plan Exhibit G - Design Review Committee Action Comments dated January 18, 2011 Exhibit H - Minor Exception DRC2010-00907 Approval dated March 1, 2011 Exhibit I - Initial Study Addendum Draft Resolution of Approval for DRC2010-00906 • B-5 z < fa_ (.1.. < (,) -•`. 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' -4.: lk, ,4( < .: : •" ' is.r1/2 ' r: 44 I co :: . • 11 -:-. : 4 ,7 „, , : i I= • \ . 4 - . . ' • 1 . -41..1 1,•:.....:, I'l, - I Ci. • 1 , • V/. LI5 4,II 0,- . : /All 17'!1,1!!II,.. III•2.. ' I - ,I II, HI 22L Il' AI-. I' -. ' ' I Al , !I ".::_;_V, I _ . ;.! 42 .141 127:Er'r • I-r ' rr. 1 N - / :---rz- r :;ii , Lr,- )*,. , (..: . ,,,-- ,„„ ' ''r < i__Ic__s44 s: :. : , Is ilk • ..•744.iftfrAt442' - ••0 4.:.:.-42 - '' ' --s . ',.: - .. . . . '•:1 : :IIII. ile.„„..fAi- 1.„ . i (•-• Y. iniseco.4_201-4,;.4:- - :V, . i . ,,.... .,,„ .. , . a •• 2 -411--7''l II : , 11 r,.. il• S • .‘-.) ':`,_) • - ---: -:-._,--_____._-----, ___ ---`---F---- .: ) EXHIBIT F . .., :„ , ,, 612 • DESIGN REVIEW COMMENTS 7:10 p.m. Tom Grahn January 18, 2011 DESIGN REVIEW DRC2010-00906 - NONGSHIM HOLDINGS - A request to add 73,454 square feet to an existing 265,676 square foot industrial building within the General Industrial (GI) District (Subarea 14), located at 12155 Sixth Street -APN: 0229-283-48. Related file: Minor Exception DRC2010-00907. Background: Development of the project site was originally approved under Design Review DRC2002-00328 and revised through DRC2003-00664. •The project site contains the existing 265,676 square foot Nongshim Holdings manufacturing building and 449 parking spaces, which includes 11 truck parking spaces. Proposed Changes: The applicant is proposing the addition of 73,454 square feet of floor area, for warehouse and nianufacturing uses, the relocation of 95 parking spaces, and a 24.9 percent reduction in on-site parking. (The reduction in on-site parking is proposed through Minor Exception DRC2010-00607, processed concurrently with this Design Review application). Staff Comments: The design of the proposed expansion is identical to the existing building, utilizing the • same materials, finishes, colors, height, etc. The existing landscaping around the perimeter of the project site will not be disturbed, and landscaping adjacent to the proposed expansion will match the existing landscape pallet. The proposed expansion meets all applicable development standards and is in keeping with the design established under the initial approval of the project. • Major Issues: • 1. None. Secondary Issues: 1. None. Staff Recommendation: Staff recommends that the Committee recommend approval of the project as submitted and forward the project to the Planning Director for final review and approval. • Design Review Committee Action: • The project was approved as presented. Members Present: Munoz, Wimberly, Granger Staff Planner: Tom Grahn • • EXHIBIT G B-13 Mayor L. DENNIS MICHAEL•Mayor Pro Tem SAM SPAGNOLO ;1 w Council Members WILLIAM I. ALEXANDER, CHUCK BUQUET, DIANE WILLIAMS , _ ay Manager JACK LAM,AICP �i THE CITY OF RANCHO CUCAMONGA If .RANCHO UCAMONGA March 1, 2011 Hoon Keun Park HPA 18311 Bardeen Avenue, Suite 100 Irvine, CA 92612 SUBJECT: MINOR EXCEPTION DRC2010-00907 — NONGSHIM HOLDINGS — A request to reduce the on-site parking requirement by 25 percent, from 550 parking spaces to 413 parking spaces associated with a proposed 73,454 square foot building expansion in the General Industrial (GI) District (Subarea 14), located at the southwest corner of Sixth Street and Santa Anita Avenue — APN: 0229-283-48. Related file: Development Review DRC2010-00906. Dear Mr. Park: • The Planning Department has reviewed your application fora Minor Exception. As required by Section 17.04.050 of the Development Code, all contiguous property owners were notified and given a ten-day period within which to express any concerns or comments. To date,we have received no response regarding your request. Based upon plan review and site inspection, staff has made the following findings: • 1. The project site is located at the southwest corner of Sixth Street and Santa Anita Avenue at the existing Nongshim Holdings site. 2. . The project site is located within the General Industrial (GI) District(Subarea 14),which allows for the development of manufacturing and warehouse land uses. • 3. The project site contains an existing 268,226 square foot industrial manufacturing/warehouse . building on 14.12 acres of land. There are currently 438 parking spaces and 11 truck parking spaces. • 4. The associated Development Review application (DRC2010-00906) proposes a 73,454 square foot building addition,the relocation of 95 existing parking spaces to the west of the existing building, and a 25 percent reduction in the overall parking requirement for the project site. Under current development standards, an industrial manufacturing/warehouse building totaling 339,130 square feet (268,226 square feet plus 73,454 square feet) would require 550 parking spaces (not including the required truck parking spaces). 5. The applicant has proposed reducing their on-site parking to 413 parking spaces because their operational characteristics (e.g., total employees, employees per shift, number of shifts, manufacturing process, etc) reduce the overall on-site parking demand in support of a . 25 percent parking reduction. The above findings of fact support the necessary findings that are required by the City's Development Code and are listed below: • 1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the General Plan and intent of the Development Code. ,Development Code standards require EXHIBITI1 17 • Rancho Cucamonga, CA 1 i 4-0807•Tel (909)477-2700• Fax (909)477-2849 •www.Cicvofl2C.us APPROVAL LETTER DRC2010-00907 — NONGSHIM HOLDINGS March 1, 2011 Page 2 • 550 parking spaces for a 339,130 square foot industrial manufacturing/warehouse building. Because of the characteristics of the project site and the inability to add all required parking, and because of the operational characteristics of the applicant, requiring 550 parking spaces would be a practical impossibility and unnecessary physical hardship inconsistent with the objectives of the General Plan and the Development Code. 2. That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. The applicant currently employees 267 people over 3 shifts. Based on the size of the building and type of manufacturing equipment involved,the applicant will need approximately 100 parking spaces per shift. Specifically,the applicant's manufacturing process line requires only a few persons per noodle process line, and this process line covers most of the manufacturing area. These operational characteristics support a 25 percent reduction in on-site parking. • 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district. Without a 25 percent reduction in on-site parking, the applicant would be deprived of the ability to fully utilize their project site in support of their business objectives. . 4. That the granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitation of other properties classified in the same district, and will not be • detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity. Permitting a 25 percent reduction in on-site parking will not be a grant of special privilege nor will it be detrimental to the surrounding property owners. The applicant's operational characteristics support a reduction in on-site parking and this parking reduction will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity. Therefore, your request has been approved subject to the following conditions: 1. Approval is for a 25 percent reduction in the on-site parking requirement, which reduces the on-site parking demand from 550 parking spaces to 413 parking spaces. 2. The existing industrial manufacturing/warehouse building shall be utilized by one tenant. No future sublease of the tenant floor area shall be permitted. 3. The applicant shall comply with all applicable codes and.obtain the necessary building permits from the Building and Safety Department. 4. Prior to the future sale or lease of the subject property, the current owner/manager shall provide a written acknowledgement of the requirements of this Minor Exception. The new property owner, or lessee, shall be required to provide the Planning Director a written • acknowledgement that the shift employment levels will be maintained as provided for under this Minor Exception, prior to issuance of a Business License or commercial operation. This decision shall be final following a ten-day appeal period, Any appeals shall be made in writing to the Secretary of the Planning Commission along with a $2,002 filing fee. • B-15 • APPROVAL LETTER DRC2010-00907 — NONGSHIM HOLDINGS March 1, 2011 • Page 3 If you have any questions, please do not hesitate to contact Tom Grahn at(909)477-2750, Monday through Thursday between the hours of 7 a.m. and 6 p.m. Sincerely, PLANNING DEPARTMENT Jame R. Troyer, AICP Planning Director JRT:TG/ge c: Dan James, Senior Civil Engineer • • B-16 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM • et INITIAL STUDY PARED ADDENDUM • Z:M BACKGROUND 1. Project Files: DRC2010-00906 2. Related Files: DRC2002-00328, DRC2003-00664, and ME DRC2010-00907. 3. Description of Project: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2010-00906 — NONGSHIM HOLDINGS — A request to add 73,454 square feet to an existing 265,676 square foot industrial building within the General Industrial (GI) District (Subarea 14), located at 12155 Sixth Street. APN: 0229-283-48. Related files: DRC2002-00328, DRC2003-00664, and Minor Exception DRC2010-00907. Pursuant to CEQA Guidelines, Section 15164, staff has prepared an addendum to the previously approved Initial Study and Mitigated Negative Declaration and Addendum for DRC2002-00328 and DRC2003-00664.. 4. Project Sponsor's Name and Address: Hoon Keun Park HPA • 18831 Bardeen Avenue, Suite 100 Irvine, CA 92612 For: Nongshim Holdings, USA 12155 Sixth Street Rancho Cucamonga, CA 91730 5. General Plan Designation: General Industrial 6. Zoning: General Industrial (GI) District (Subarea 14) 7. Surrounding Land Uses and Setting: The project site is located at the southwest corner of Sixth Street and Santa Anita Avenue and contains the existing Nongshim Holdings manufacturing and warehouse facility. The 12.74 acre site is fully developed and contains an existing 265,676 square foot building and 449 parking spaces. Existing industrial land uses are located to the north, east, and south of the project site, and the property to the west is vacant. 8. Lead Agency Name and Address: • City of Rancho Cucamonga Planning Division • 10500 Civic Center Drive Rancho Cucamonga, CA 91730 EXHIBIT Initial Study Addendum for City of Rancho Cucamonga Development Review DRC2010-00906 Page 2 9. Contact Person and Phone Number: Thomas Grahn, Associate Planner (909) 477-2750 • 10. Other agencies whose approval is required: None. Project History In October 2002, the City of Rancho Cucamonga certified an Initial Study and Mitigated Negative Declaration ("MND") in connection with the approval of Development Review DRC2002-00328 pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines. As originally approved, DRC2002-00328 allowed for the development of two industrial buildings totaling 458,304 square feet on 24.32 acres; however, specific to this project site, DRC2002-00328 allowed for the development of one building totaling 270,544 square feet on 12.74 acres. This building was originally designed as an office/warehouse facility, with 5,000 square feet of office, 265,544 square feet of warehouse, and 225 parking spaces. • The Initial Study and MND approved for DRC2002-00328 concluded the project would have less than significant impacts with respect to geology, water, transportation/circulation, noise, and aesthetics. It also identified impacts that would be potentially significant unless mitigated in the areas of water and air quality and established mitigation measures that would reduce these potential impacts to a less than significant level. In October 2003, the City approved and an Addendum to the previously certified MND in connection with the approval of Development Review DRC2003-00664. As approved, DRC2003-00664 approved an alteration to the original project allowing for the development of an office, manufacturing, and warehouse building totaling 268,226 square feet, with 36,239 square feet of office, 123,046 square feet of manufacturing, 108,941 square feet of warehouse, and 438 parking spaces (not including 11 truck parking spaces). Although DRC2003-00664 provided the approval of a building totaling 268,226 square feet, the Initial Study Addendum considered the development of a building totaling 301,075 square feet. The ultimate size of the building on the project site was reduced through the City's development review process, which considered the overall development proposal including parking, landscaping, building size, and public improvements. The Initial Study Addendum and MND prepared for DRC2003-00664 did not identify any additional "Potentially Significant Impact Unless Mitigation Incorporated" or "Less Than Significant Impacts" but did provide additional analysis under Traffic/Circulation. The traffic analysis determined that the project is in an area that is mostly developed with all street improvements existing, that the project will not negatively impact the level of service standards on adjacent streets, and that no impacts are anticipated. The current proposal considers an increase of 38,055 square feet above the project square footage considered in the Initial Study Addendum for DRC2003-00664. • Subsequently, the 12.74 acre project site was fully developed with a 265,676 square foot industrial office, manufacturing, and warehouse building, 449 vehicle and truck parking spaces, related drive aisles, and on-site and perimeter landscaping. All mitigation measures established for the original project were addressed during the plan check, construction, and inspection of the project site during development. • In November 2010, the applicant filed an application for DRC2010-00906 to add 73,454 square B-18 Initial Study Addendum for City of Rancho Cucamonga Development Review DRC2010-00906 Page 3 • feet to the existing 265,676 square foot industrial building. The proposed 73,454 square-foot addition would be developed on the site of the existing parking lot area directly east of and adjacent to the existing building. The proposed expansion includes 55,737 square feet of manufacturing and 17,717 square feet of warehouse floor area. Ninety-five existing parking spaces will be relocated to the paved area west of the existing building. A related application Minor Exception DRC2010-00907 approved a 25 percent reduction in the on-site parking requirements for this project, thereby reducing the on-site parking requirement from 550 to 413 parking spaces. The Minor Exception found that the operational characteristics of the applicant, current parking demand, number of employees per shift, and number of employees per manufacturing process line supported a 25 percent reduction in on-site parking. Analysis Pursuant to CEQA Guidelines Section 15162(a), the City may prepare an addendum to a previously adopted mitigated negative declaration if only minor technical changes or additions are necessary or none of the conditions that require the preparation of a subsequent EIR or negative declaration have occurred. Changes to previously approved project for which an EIR or negative declaration was adopted require a subsequent EIR or negative declaration if any of four conditions are found to exist: (1) Substantial changes in the project require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (2) Substantial changes occur with respect to the circumstances under which the project is • undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows: (a) the project will have one or more significant effects not discussed in the previous ER or negative declaration; (b) significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one for more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. • An addendum to the previously approve MND is appropriate in this case because a minor technical change to the project description in the original MND would be sufficient and there is no evidence that any of the conditions that would require a subsequent EIR or •negative declaration are present. • First, there is no indication that the minor changes to the project will create new significant environmental effects or cause a substantial increase in the severity of previously identified significant effects. The project entails the addition of 73,454 square feet to an existing industrial . B-19 Initial Study Addendum for City of Rancho Cucamonga Development Review DRC2010-00906 Page 4 manufacturing and warehouse facility. Compared to the originally approved total 270,544 • square feet analyzed in the MND and the first Addendum, which considered 301,075 square feet, the additional square footage does not amount to a major change and would not create new significant impacts or increase the severity of any impacts previously identified in the MND. Second, there have been no substantial changes in the circumstances under which the project is being undertaken. The characteristics of the site and the surrounding properties•are similar to those that existing previously, and do not indicate that there will be new significant .environmental effects or a substantial increase in the severity of previously identified significant • effects. Finally , the City has received no new information of substantial importance that was unknown or could not have been known previously that indicates the project will have any significant effects not discussed in the MND, that any previously identified impacts will be substantially more severe, that any mitigation measure previously found infeasible would now be feasible, or that any mitigation measure considerably different from those analyzed in the previous MND would substantially reduce one or more significant effects on the environment. All mitigation measures established for the original project were addressed during the plan check, construction, and inspection of the project site during development. The new development of the additional 73,454 square feet on the project site will be subject to the same mitigation measures. Additional or different mitigation measures are not required. In sum, the proposed project entails the expansion of an existing industrial manufacturing and warehouse facility whose development was thoroughly analyzed for environmental impacts and for which mitigation measures were established and implemented. Although the proposed project involves the expansion of an existing building, there are no substantial changes in the project, its circumstances, or the information on hand that would suggest that the previous environmental review is inadequate. • Pursuant to CEQA• Guidelines Section 15164, an addendum will be added td the previously adopted MND to explain the changes to the project. Therefore, staff recommends that the Planning Commission find that no additional environmental review is required in connection with • the City's consideration of this Development Review application. DETERMINATION On the basis of this initial evaluation: (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 all potentially significant effects 1) have been analyzed adequately in an earlier Initial Study pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier Initial Study, including revisions or mitigation measures that are imposed upon the proposed projec . Signed: 'S Thomas ahn • • Associate Planner March 2, 2011 B20 Initial Study Addendum for City of Rancho Cucamonga Development Review DRC2010-00906 Page 5 • EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR 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: (X) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (X) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (X) Master Environmental Assessment for the 1989 General Plan Update (SCH#88020115, Certified January 4, 1989) (X) Industrial Area Specific Plan EIR (Certified September 19, 1981) (X) Initial Study Addendum for DRC2003-00664 (October 21, 2003) (X) Initial Study Part II for DRC2002-00328 Mitigated Negative Declaration for DRC2002-00328 (October 9, 2002) S B-21 Initial Study Addendum for City of Rancho Cucamonga Development Review DRC2010-00906 Page 6 • 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 Addendum. 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. Signature: Date: Print Name and Title: • B22 RESOLUTION NO.11-13 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2010-00906—A REQUEST TO ADD 73,454 SQUARE FEET TO AN EXISTING 265,676 SQUARE FOOT INDUSTRIAL BUILDING IN THE GENERAL INDUSTRIAL (GI) DISTRICT (SUBAREA 14), LOCATED AT 12155 SIXTH STREET; AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 0229-283-48. A. Recitals. 1. Nongshim Holdings filed an application for the approval of Development Review DRC2010-00906, 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 23rd day of March 2011, the Planning Commission of the City of Rancho Cucamonga conducted a public hearing on the application and concluded said meeting 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 meeting on March 23, 2011, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located at the southwest corner of Sixth Street and Santa Anita Avenue and is presently fully improved with and existing industrial manufacturing and warehouse building totaling 265,676 square feet and 449 parking spaces on 12.74 acres; b. The property to the north, east, and south of the project site contain existing industrial land uses, and the property to the west is vacant; c. The project consists of a Development Review for the addition of 73,454 square feet to an existing 265,676 square foot industrial manufacturing and warehouse building; d. All right-of-way improvements surrounding this facility(e.g., curb and gutter, street lights, street trees, etc.)were installed with the development of the project site, approved through DRC2002-00328 and DRC2003-00664 and gutter improvements are installed; and e. On March 1, 2011, the Planning Director approved Minor Exception • DRC2010-00907 approving a 25 percent reduction in the on-site parking requirement for this facility, thereby, reducing the number of passenger vehicle parking spaces from 550 to 413 parking spaces. B 23 PLANNING COMMISSION RESOLUTION NO. 11-13 DRC2010-00906— NONGSHIM HOLDINGS March 23, 2011 Page 2 • 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. o The proposed project is consistent with the objectives of the General Plan by providing for the expansion of an existing industrial manufacturing/warehouse facility that is compatible with the surrounding area; b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located by adhering to all applicable development regulations that govern the area where this industrial manufacturing/warehouse addition is being constructed; c. The proposed use is in compliance with each of the applicable provisions of the Development Code, in that industrial manufacturing/warehouse uses are a permitted use within the General Industrial (GI) District (Subarea 14); and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the application, together with all the written and oral reports included for the environmental assessment for the application,the Planning Commission finds that no subsequent or supplemental environmental document is required • pursuant to the California Environmental Quality Act (CEQA) in connection with the review and approval of this application based upon the following findings and determinations: a. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City of Rancho Cucamonga certified an Initial Study and Mitigated Negative Declaration in October 2002 in connection with the approval of Development Review DRC2002-00328, and an Initial Study Addendum was certified by the City of Rancho Cucamonga in October 2003 in connection with the approval of Development Review DRC2003-00664. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with subsequent discretionary approvals of the same project unless: (i) substantial changes are proposed to the project that indicate new or more severe impacts on the environment; (ii) substantial changes have occurred in the circumstances under, which the project was previously reviewed the indicates new or more severe environmental impacts; or (iii) new • important information shows the project will have new or more severe impacts than previously considered; or (iv) additional mitigation measures are now feasible to reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. b. The Planning Commission finds, in connection with the Development Review application, that substantial changes to the project or the circumstances surrounding the project have not occurred, which would create new or more severe impacts than those evaluated in the previously certified Initial Study and Mitigated Negative Declaration. The proposed Development Review contemplates the addition of 73,454 square feet to an existing 265,676 square foot industrial building, which was evaluated and within the scope of the prior Initial Study and Initial Study Addendum. The proposed development does not raise or create new environmental impacts not • already considered in the Initial Study for the Development Review. Staff further finds that the • project will not have one or more significant effects not discussed in the previously certified Initial B-24 PLANNING COMMISSION RESOLUTION NO. 11-13 DRC2010-00906 — NONGSHIM HOLDINGS March 23, 2011 Page 3 • Study, will not have more severe effects than previously analyzed, and that additional or different mitigation measures are not required to reduce the impacts of the project to a level of less-than-significant. The proposed Development Review application does not raise or create new environmental impacts not already considered in the Initial Study and Initial Study Addendum for the project. c. Based on these findings and all evidence in the record,the Planning Commission concurs with the staff determination that no additional environmental review is required pursuant to CEQA in connection with the City's consideration of Development Review DRC2010-00906. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) All applicable conditions of approval for DRC2002-00328, DRC2003-00664, and DRC2010-00906 shall apply. 2) Approval is for a 73,454 square foot expansion to the existing 265,676 square foot Nongshim Holdings building located at the southwest corner of Sixth Street and Santa Anita Avenue. • 3) The proposed expansion shall match the existing building materials, finishes, colors, and wall height. Engineering Department • 1) Development Impact fees at building permit issuance: Transportation fees: Industrial: $2,792/sq. ft. Sq.ft.: 55,737 New calculations: 55.73 x 2,792 = $155,598.16 Transportation fees: Warehouse: $2,327/sq. ft. Sq. ft.: 17,717 New calculations: 17.71 x $2,327 = $41,211.17 Total: $196,809.33 (Fees subject to change) Environmental Mitigation 1) The project shall implement all pertinent mitigation measures identified in the Initial Study and Mitigated Negative Declaration that was certified . by the City of Rancho Cucamonga in October 2002, and the Initial Study Addendum that was certified by the City of Rancho Cucamonga in October 2003. B-25 PLANNING COMMISSION RESOLUTION NO. 11-13 DRC2010-00906— NONGSHIM HOLDINGS March 23, 2011 Page 4 • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: • COMMISSIONERS: • • ABSENT: . COMMISSIONERS: ABSTAIN: COMMISSIONERS: • • • B-26 7` COMMUNITY DEVELOPMENT ¶1W! DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2010-00906 SUBJECT: MANUFACTURING AND WAREHOUSE EXPANSION APPLICANT: NONGSHIM HOLDINGS LOCATION: 12155 SIXTH STREET ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/ /_ agents, officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 11-13, Standard _/ /_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The /_/_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Notice of Exemption- $50 B. Time Limits 1. Development/Design Review approval shall expire if building permits are not issued or approved / /_ use has not commenced within 5 years from the date of approval. No extensions are allowed. • SC-12-08 1 B27 • - • Project No. DRC2010-00906 Completion Date C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include / /_ site plans, architectural elevations,exterior materials and colors,landscaping,sign program,and grading on file in the Planning Department, the conditions contained herein, and Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions / /_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / /_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / /_ submitted for Planning Director review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for • / /_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision,•or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code,all _/ /_ • other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so • as not to adversely affect adjacent properties. . • •- 8. . Trash receptacle(s)are required and shall meet City standards. The final design, locations, and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / /_ located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For single-family residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a clear and concise manner, /_/_ including proper illumination. • D. Building Design 1. 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. • 2 B-28 Project No. DRC2010-00906 Completion Date 2. For commercial and industrial projects,'paint roll-up doors and service doors to match main _/_/_ building colors. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided _/_/_ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, /_/_ and exits shall be striped per City standards. 5. 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. • 6. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/ / parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 7. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more / /_ parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet.. • Trip Reduction 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. • 2. Carpool and vanpool designated off-street parking close to the building shall be provided for _/_/_ commercial, office, and industrial facilities at the rate of 10 percent of the total parking area. If covered, the vertical clearance shall be no less than 9 feet. 3. Category 5 telephone cable or fiber optic cable shall be provided for office buildings and other _/_/_ non-residential development. 4. For industrial projects with at least 40 car parking spaces, bicyclist-changing facilities shall be _/ /_ provided to encourage bicycle commuting per the City of Rancho Cucamonga Bicycle Transportation Plan adopted by City Council Resolution No. 02-237. Accessible restrooms with storage lockers for clothing and equipment shall be sufficient. • 3 B-29 Project No. DRC2010-00906 Completion Date 5. Shower facilities accessible to both men and women shall be provided per Municipal Code /_/_ Section 17.30.070.A. for persons walking or bicycling to work for each project which meets the • following thresholds: Commercial: 250,000 square feet Industrial: 325,000 square feet Office: 125,000 square feet - Hotels and Motels: 250 rooms G. . Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in / /_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in _/_/_ accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. 3. A minimum of 20 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. 4. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking /_/_ stalls. • 5. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one _/_/_ tree per 30 linear feet of building. • • • 6. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 _/ /_ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion - control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 7. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater /_/_ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground"cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 8. For single-family residential development, all slope planting and irrigation shall be continuously /_/_ maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Department to determine that they are in satisfactory condition. 9. 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. 10. Landscaping and irrigation systems required to be installed within the public right-of-way on the /_/_ perimeter of this project area shall be continuously maintained by the developer. 4 • B-30 Project No. DRC2010-00906 Completion Date 11. All walls shall be provided with decorative treatment. If located in public maintenance areas,the / /_ design shall be coordinated with the Engineering Services Department. • 12. Landscaping and irrigation shall be designed to conserve water through the principles of _/_/_ Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. Prior to issuance of Building Permits, the project landscape architect shall certify on he submitted plans that the Xeriscape requirements have been met. H. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. _/_/_ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Department prior to installation of any signs. I. Other Agencies 1. 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) • J. General Requirements 1. Submit five complete sets of plans including the following: _/ /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Department Project Number (i.e., DRC2010-00906) clearly identified on the 'outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / /_ Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. / /_ 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the /_/_ ler Building and Safety Department. 5 B31 Project No.DRC2010-00906 Completion Date K. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be _/_/_ marked with the project file number(i.e., DRC2010-00906). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. • 2. Prior to issuance of building permits for a new commercial or industrial development project or /_/_ major addition,the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. The Building and Safety Official shall provide the street addresses after tract/parcel map /_/_ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between•the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public / /_ counter). L. New Structures /_/_ 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistive construction. 2. Provide compliance with the California Building Code for required occupancy separations. _/ /_ 3. Provide draft stops in attic areas. _/ /_ • 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC. / /_ 5. Openings in exterior walls shall be protected in accordance with CBC. / /_ 6. Upon tenant improvement plan check submittal, additional requirements may be needed. _/ /_ M. Grading • 1. Grading of the subject property shall be in accordance with California Building Code,City Grading /_/_ Standards, and accepted grading practices. The final Grading Plan shall be in substantial conformance with the approved Grading Plan. 2. A soils report shall be prepared by a qualified Engineer licensed by the State of California to / /_ perform such work. 3. A geological report shall be prepared by a qualified Engineer or Geologist and submitted at the _/ /_ time of application for grading plan check. 4. The final Grading Plan, appropriate certifications and compaction reports shall be completed, /_/_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. • 6 B-32 Project No. DRC2010-00906 Completion Date 5. A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where improvements being proposed will generate 50 cubic yards or more of • combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California registered Civil Engineer. • 6. The applicant shall contact the Building and Safety Department, (909)477-2710,for compliance _/_/_ with the attached "Grading Committee Project Report and Recommended Conditions" dated January 18 2011. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT,(909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: N. General Requirements and Approvals 1. 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 Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. /_/_ • These areas should be lighted from sunset to sunrise and on photo sensored cell. •2. • All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with /_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. _/_/_ P. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. / /_ 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within / /_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. Q. Security Fencing 1. All businesses or residential communities with security fencing and gates will provide the police _/_/_ with a keypad access and a unique code.The initial code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at (909)941-1488 or by contacting the Crime Prevention Unit at(909)477-2800 extension 2474 or extension 2475. R. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. / /_ 7 13-33 Project No. DRC2010-00906 Completion Date 2. Security glazing is recommended on storefront windows to resist window smashes and impede /_/_ entry to burglars. 3. Security/burglar bars are not recommended, particularly in residences, due to the delay or /_/_ • prevention of a speedy evacuation in case of fire. S. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/_/_ visibility. 2. Developer shall paint roof top numbers on one or more roofs of this development. They shall be _/_/_ a minimum of three feet in length and two feet in width and of contrasting color to background. The stencils for this purpose are on loan at the Rancho Cucamonga Police Department. T. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and /_/_ employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriffs dispatch number (909) 941-1488. _/_/_ APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770 •FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • 1. See attached "Fire Construction Services Standard Conditions" dated November 10, 2010. _/_/_ • • • • • • 8 B34 City of Rancho Cucamonga DRC2010-00906 apuilding &i Safety Department S 1 B0500 Civic Center Dr. • Rancho Cucamonga, CA 91730 3 T. (909)477-2710 F. (909)477-2711 GRADING COMMITTEE PROJECT REPORT& RECOMMENDED CONDITIONS Project No.: DRC2010-00906 Type: Industrial Location: 12155 6th Street Planning Department: TOM GRAHN APN: Meeting Date: January 18, 2011 By: Matthew Addington tr Acceptable for Planning Commission: Yes: xxx No: If NO, see COMMENTS below: • .77 PRELIMINARY: GRC: January 18, 2011 By: Matthew Addington FINAL: PC Meeting: By: Note: Building and Safety—Grading will review and comment on future submittals for this project. A) STANDARD CONDITIONS - Standard Building and Safety - Grading and Planning Department standard conditions for Grading and Drainage Plans. • 1) 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. 2) 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. 3) 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. • 4) 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. 5) 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. 6) 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. I:\BUILDING\PERMITS\DRC2010-00906 NongShim\DRC2010-00906 Grading Committee Project Report,20110118.doc 1 of 4 B-35 City of Rancho Cucamonga DRC2010-00906 • Building& Safety Department 10500 Civic Center Dr. •! Rancho Cucamonga,CA 91730 • •M T: (909)477-2710 F: (909)477-2711 7) 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. 8) 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. • 9) It shall be the responsibility of the applicant to acquire any required off-site drainage easements prior to the issuance of a grading permit. 10) It shall be the responsibility of the applicant to acquire any required off-site drainage acceptance letter(s) from adjacent downstream property owner(s) or discharge flows in a natural condition (concentrated flows are not accepted) and shall provide the Building and Safety Official a drainage study showing the proposed flows do not exceed the existing flows prior to the issuance of a grading permit. 11) It shall be the responsibility of the applicant to obtain written permission from the adjacent property owner(s) to construct wall on,property line or provide a detail(s) showing the perimeter wall(s) to be constructed offset from the property line. 12) 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. 13) 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. 14) All slopes shall be a minimum 2-foot offset from the public right of way or adjacent private property. 15) Private sewer, water, and storm drain improvements will be designed per the, latest adopted California Plumbing Code. 16) The maximum parking stall gradient is 5 percent. Accessibility parking stall grades • shall be constructed per the, current adopted California Building Code. • 17) 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. 18) 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. I:\BUILDING'PERMITSIDRC2010-00906 Nong Shim'DRC2010.00906 Grading Committee Project Report,20110116.doc 2 of 4 B 36 4+ I:im City of Rancho Cucamonga DRC2010-00906 Building & Safety Department 10500 Civic Center Dr. • Rancho Cucamonga,CA 91730 .' T: (909)477-2710 F: (909)477-2711 19) This project shall comply with the accessibility requirements of the current adopted California Building Code. 20) The precise grading and drainage plan shall follow the format provided in the City of Rancho Cucamonga handout'Information for Grading Plans and Permit°. 21) 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. 22) 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. B) COMMENTS - The following items shall be corrected / completed, submitted to, reviewed and approved by staff prior to scheduling the project for a Planning Commission hearing. Copies of required easement/right-of-way documents, including legal descriptions, shall be submitted for review prior to obtaining final signatures. The review period for the above will generally be a minimum of two weeks or longer depending upon the adequacy and complexity of the submittal: 1) Please note that at this conceptual level a review of the accessibility access is not • performed. It is the responsibility of the applicant to meet all accessibility I:\BUILDING\PERMITS\DRC2010-00906 Nong Shim\DRC2010A0906 Grading Committee Project Report,20110118.doc 3of4 B-37 "1'':fi'e. City of Rancho Cucamonga DRC2010-00906 vir Building & Safety Department • Rancho o Civic Center a,Dr. Rancho Cucamonga,CA 91730 • T: (909)477-2710 F: (909)477-2711 requirements. C) SPECIAL CONDITIONS 1) If more than 5,000 square feet of combined asphalt concrete and PCC parking and driveway surface area are removed, a Water Quality Management Plan (WQMP) will be required for this project. Contact the Building and Safety Department for additional direction/information. 2) 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. 3) A grading bond will be required to be submitted to the Building and Safety Services Director for review and approval prior to issuance of a grading permit. 4) A Storm Water Quality Management Plan shall be approved by the Building and Safety Official and the City of Rancho Cucamonga's "Memorandum of Storm Water Quality Management Plan" shall be recorded prior to the issuance of a grading permit. 5) D) WATER QUALITY MANAGEMENT PLAN • • 1) A water quality management plan was not submitted for review. • • I;IBUILDING\PERMITS\DRC2010-00906 Nong Shim1DRC2010-00906 Grading Committee Project Report,20110116.doc 4 of 4 8-38 m May Rancho Cucamonga Fire Protection District BPS f. hC9. Fire Construction Services FIRE STANDARD CONDITIONS November 10, 2010 Nongshim Expansion 12155 6th St. • DRC2010-00906 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced, in this document can be access on the web at http://www.ci.rancho-cucamonga.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply. The private water supply will require alterations to relocate all underground piping to the exterior of the building footprint. Please comply to the RCFPD standard 5-10 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and • location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. • b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 4000 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide • the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. B-39 4. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until public fire protection water plans are approved. • 5. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. FSC-4 Requirements for Automatic Fire Sprinkler Systems Automatic fire sprinklers shall be installed in buildings as required by the2007 California Fire Code and the Rancho Cucamonga Fire Protection District Ordinance FD46 and/or any other applicable standards require an approved automatic fire sprinkler system to be installed. FSC-5 Fire Alarm System & Sprinkler Monitoring 1. The 2007 California Building Code, the RCFPD Fire Alarm Standard, Ordinance FD46 and/or the 2007 California Fire Code require most fire sprinkler systems to be monitoring by Central Station sprinkler monitoring system. A manual and or automatic fire alarm system fire may also be required based on the use and occupancy of the building. Plan check approval and a building permit are required prior to the installation of a fire alarm or a sprinkler monitoring system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Standard. 1. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150- feet of Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. .e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. It The maximum grade of the driving surface shall not exceed 12%. • i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14- feet, 6-inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 • California Building Code, Fire and/or any other applicable standards. B • b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When • railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be in accordance with Fire District Standard. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. b. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock available at the Fire Safety Office. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail-safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan • illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard Appendix A. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or 3 B 41 operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • • Aerosol Products • Magnesium Working • • Application of Flammable Finishes • Motor Vehicle Fuel-Dispensing Operation • Battery Systems • Candles and open flames in public assemblies • Ovens • Powder Coating • Compressed Gases Public Assembly • Cryogenics Pyrotechnical Special Effects • Dry Cleaning Plants Radioactive Materials • Dust-Producing Processes and Operations Refrigeration Systems • Repair Garages • Flammable and Combustible Liquids Rubbish Handling Operations • Fruit Ripening Plants Spraying or Dipping Operations • Hazardous Materials Tents, Canopies and/or Air Supported Structures • High-Pile Combustible Storage (HPS) • Liquefied Petroleum Gases Welding and Cutting Operations • Wood Products/Lumber Yards • FSC-11 Hazardous Materials — Submittal to the County of San Bernardino The San Bernardino County Fire Department shall review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials • Division at (909) 387-4631 for forms and assistance. The County Fire Department is the Cal/EPA Certified Unified Program Agency (CUPA)for the City of Rancho Cucamonga. 1. If the facility is a NEW business, a Certificate of Occupancy issued by Building & Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous materials disclosure requirements. A Risk Management Program (RMP) may also be required if regulation substances are to be used or stored at the new facility. 2. Any business that operates on rented or leased property which is required to submit a Plan, is also required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates and has complied with the provisions. The tenant must provide a copy of the Plan to the property owner within five (5) working days, if requested by the owner. FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2007California Building: Fire, Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD46 and other implemented and/or adopted standards. FSC-13 Alternate Method Application • Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. • 4 B42 Chronological Summary of RCFPD Standard Conditions • PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: 1 . Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site; Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. 3. Construction Access: The access roads must be paved in accordance with all the requirements of • the RCFPD Fire Lane Standard. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for • hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance with the California Fire Code. 5 B-43 3. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services: 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and • contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address in accordance to the appropriate RCFPD addressing Standard. • 10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides • contact information for Fire District use in the event of an emergency at the subject building or property. This form must be presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, an 8 '/2" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • • • 6 B-44 STAFF REPORT S y I • PLANNING DEPARTMENT LJ RANCHO Date: March 23, 2011 CUCAMONGA To: Chairman and Members of the Planning Commission From: James R. Troyer, AICP, Planning Director By: Steve Fowler, Assistant Planner Subject: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00842 - FOOTHILL & EAST LLC - KAMRAN BENJI - A Request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue -APN: 1100-201-03 and 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043, Tree Removal Permit DRC2009-00861 and Development Code Amendment DRC2010-00562. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL • USE PERMIT DRC2009-00843 - FOOTHILL & EAST LLC - KAMRAN BENJI -A request to construct a 61,800 square foot multi-tenant commercial center with a drive thru (Pad A) on • 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 and 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Development Review DRC2009-00842, Uniform Sign Program DRC2011-00043, Tree Removal Permit DRC2009-00861 and Development Code Amendment DRC2010-00562. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. DEVELOPMENT CODE AMENDMENT DRC2010-00562 - FOOTHILL & EAST, LLC - KAMRAN BENJI -A request to amend the text in Development Code Section 17.32.080 (D)(6)(c) to allow for the removal and replacement of the grove of trees on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 and 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Development Review DRC2009-00842, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043, and Tree Removal Permit DRC2009-00861. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. UNIFORM SIGN PROGRAM DRC2011-00043 - FOOTHILL & EAST, LLC - KAMRAN BENJI - A request to establish a Uniform Sign Program for a proposed shopping center within the Foothill Boulevard (Subarea 4) Community Commercial District approximately • 65 feet west of the northwest corner of Foothill Boulevard and East Avenue. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Items C, D, E, F, & G PLANNING COMMISSION STAFF REPORT DRC2009-00842, DRC2009-00843, DRC2009-00861, DRC2010-00562, DRC2011-00043 — KAMRAN BENJI March 23, 2011 • Page 2 Development Review DRC2009-00842, Conditional Use Permit DRC2009-00843, Tree Removal Permit DRC2009-00861, and Development Code Amendment DRC2010-00562. TREE REMOVAL PERMIT DRC2009-00861 - FOOTHILL & EAST LLC - KAMRAN BENJI - A request to remove 123 trees for the development of a 61,800 square foot commercial retail center approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue in the Community Commercial District of the Foothill Specific Plan (Subarea 4) - APN: 1100-201-03 and 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Development Review DRC2009-00842, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043, and Development Code Amendment DRC2010-00562. PROJECT AND SITE DESCRIPTION: A. Surrounding Land Use and Zoning: North - Vacant Land — Foothill Boulevard Specific Plan (Subarea 4), Community Commercial District South - Multi-Family Residential - Foothill Boulevard Specific Plan (Subarea 4), Medium Residential District East - Single-Family Residential — City of Fontana • West - Southern California Edison Corridor - Foothill Boulevard Specific Plan (Subarea 4), Open Space B. General Plan Designations: Project Site - General Commercial North - General Commercial South - Medium-Residential (8-14 dwelling units per acre) East - City of Fontana West - Utility Corridor\Flood Control C. Site Characteristics: The project consists of two parcels that make up a rectangular shaped 6.99 acre area situated approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue. The site is located on the alluvial plain at the base of the San Bernardino Mountains and in close proximity to the Etiwanda Creek in San Bernardino County. This site is currently vacant with a water facility operated by the Cucamonga Valley Water District near the northwest corner of the property and contains a diminished grove of Eucalyptus camaldulensis trees that were planted prior to 1938. The site is bordered by vacant land to the north, a utility corridor to the west, and by single-family homes to the east (City of Fontana), and multi-family homes to the south. D. Parking Calculations: The project is parked per the parking criteria of the Development Code and the tabulation of the required parking spaces is as follows: • C,D, E,F,G -.2 PLANNING COMMISSION STAFF REPORT DRC2009-00842, DRC2009-00843, DRC2009-00861, DRC2010-00562, DRC2011-00043- KAMRAN BENJI • March 23, 2011 Page 3 Number of Number of Square Parking Spaces Spaces Type of Use Footage Ratio Required Provided Shopping Centers < 61,800 5:1000 309 309 600,000s.f. but >25,000s.f. ANALYSIS: • A. Background: The project site was originally utilized as a grove for growing Eucalyptus camaldulensis trees as far back as the 1930s. This grove has diminished over the years and currently contains approximately 190 trees. According to an Arborist's report prepared by Geocon Consultants on February 9, 2009, approximately 123 of those trees are viable. These trees are subject to preservation requirements. It is believed that these trees were originally planted to make railroad ties. The site with the grove of. trees has been identified in the Foothill Boulevard Districts of the Development Code with the intent to allow for partial preservation of the existing grove (Section 17.32.080(D)(6)(c). • On January 14, 2009, the applicant brought this project before the Planning Commission at a Planning Commission Workshop. At that workshop the Commission was presented with the project and the applicant was provided with guidance to move towards an architectural design that would have a "wow" factor with pedestrian-friendly areas such as plazas and pathways throughout the site. The Commission wanted the applicant to try to preserve as many trees along the perimeter as possible. The Commission also directed the applicant to try to acquire the parcel to the east of his project area, which is approximately 70 feet wide and runs the length of the project's easterly property line. The applicant was also encouraged to master-plan the parcel to the north so connectivity could be established in the future. Since that meeting the applicant has provided documentation showing his efforts towards • acquiring the sliver of land to the east of his project but has not been able to come to terms with the current owner. Obtaining this property would allow the applicant to be able to complete all the gateway and street improvements necessary. Unfortunately, the Foothill Boulevard Visual Improvement Plan entry monument improvements at the northeast corner of Foothill Boulevard and East Avenue will not be installed at this time because of this obstacle. B. General: The proposed name of the development is Piazza Del Vino, and the architecture of the center reflects a winery theme with touches of Craftsman styling. This theme blends the center with the surrounding homes and lends itself to themes that are utilized throughout the City. The center consists of three pads totaling 61,800 square feet of building area. The center breaks down as follows: 52,530 square feet will be retail, 6,470 square feet is for restaurant use, 1,700 square feet is allotted for a drive-thru and 1,700 square feet is set aside for patio dining. Currently, the largest building proposed is a 15,000 square foot user, which will be the • Major tenant, and an approximate 6,000 square foot building will be the Sub-Major tenant. C,D,E,F,G - 3 PLANNING COMMISSION STAFF REPORT DRC2009-00842, DRC2009-00843, DRC2009-00861, DRC2010-00562, DRC2011-00043 — KAMRAN BENJI March 23, 2011 • Page 4 The parking for a shopping center with less than 600,000 square feet but over 25,000 square feet is the following ratio: 5 spaces per 1,000 square feet, which calculates to 309 spaces required and is the exact number of spaces provided. The applicant has submitted a Development Review application for the review of the detailed Site Plan and building elevations of the project, a Conditional Use Permit for the drive-thru building and construction of the center, a Development Code Amendment to allow for the removal of the existing Eucalyptus trees, replanting of Eucalyptus trees around the perimeter of the project, and to eliminate the requirement to provide a 20-foot wide greenway connection through the interior boundary near the northwest corner of the site for future connection to the Community Trail and Garcia Park. Currently, Development Code Section 17.32.080 (D)(6)(c) requires a certain percentage of these trees be preserved. The applicant is requesting this change to try to comply with the intent of the Code by replanting a windrow along the west and north property lines. Tree Removal Permit DRC2009-00861 has been submitted for the removal of all the trees on site as the arborist's report states none of the trees could be preserved because of their age and unlikely viability. A Uniform Sign Program to set up sign criteria for the shopping center has also been submitted. C. Design Parameters: The project site is located within the Foothill Boulevard Specific Plan and The Foothill Boulevard Visual Improvement Plan (VIP). These two documents provide unique design guidelines for this project. The project is located at the eastern gateway to the City of Rancho Cucamonga from the City of Fontana. The unique location requires the site to adhere • to the requirements of the VIP, which requires the project applicant to participate in installing curb adjacent sidewalks with integral accent colored concrete and double rows of brick banding starting near the corner of Foothill Boulevard and East Avenue and traveling west approximately 105 feet. This area will contain a double alternating row of crape myrtle trees in grates. The applicant will provide funds to install an arch that spans across Foothill Boulevard just west of the project site and a historic post and cable barrier along the north side of the street between the arch bases and the street. Stamped asphalt will also be installed in the westbound lanes as it has already been installed on the eastbound lanes. The current Route 66 monument sign located in the center median will be relocated approximately 250 feet to the east to allow for a left hand turn lane in the center median so eastbound vehicles may enter from the west. A City entry Monument sign will be installed at a later date at the corner of Foothill Boulevard and East Avenue. As previously stated, the applicant does not own the parcel where this sign and landscaping are to be located. The proposed buildings will be single-story with tower elements, including winery themed elements and touches of Craftsman styling. The pad nearest the corner of Foothill Boulevard and East Avenue is most visible from both streets. These elevations are covered with stone veneer on the tower columns. On the Foothill Boulevard facing elevation, there are three recessed, arched areas that will house murals. On the elevation facing East Avenue, the recessed, arched elements will house faux wooden barn doors to add to the winery-inspired theme. All the towers on the site have heavy wood corbels. The windows will be illuminated at night and finished with a smooth stucco and stone veneer. The roof styles consist of parapet walls, mansard roofs and tower roofs that will be covered with Mission style tile. • C,D,E,F,G - 4 PLANNING COMMISSION STAFF REPORT DRC2009-00842, DRC2009-00843, DRC2009-00861, DRC2010-00562, DRC2011-00043 - KAMRAN BENJI • March 23, 2011 Page 5 The entry into the center from the activity center at the corner of Foothill Boulevard and East Avenue will have decorative paving and a heavy wood timber trellis with decorative wood braces. On the other side of the tower at this entry point, a water feature will be displayed in the plaza area. This was recommended by the Planning Commission during the workshop. The rest of the center will consist of smooth stucco finishes, decorative lighting, and metal wrought iron ornaments placed strategically throughout the site. The two entries onto the site from Foothill Boulevard will have decorative stamped concrete and 6-foot tall monument signs at each entrance. The main entrance will be lined with fruitless Olive trees. The rest of the landscape has retained the winery theme by planting grape vines as part of the planting palette, and the number of trees on site has slightly exceeded the required number of trees to help keep the "grove feel" at this corner. The planting of the Eucalyptus trees in a windrow fashion is to try to give remembrance to the grove on the north and west side of the site. The applicant is still trying to get permission to plant landscaping on the strip of land between his property and East Avenue so this parcel does not remain barren. D. Development Code Amendment: The Code Amendment has been requested because the current Development Code Section 17.32.080 (D)(6)(c) requires a certain percentage of these trees be preserved as well as a 20-foot greenway connection. The applicant is requesting this • change to try to comply with the intent of the Code by replanting a windrow along the west and north property lines. Tree Removal Permit DRC2009-00861 has been submitted for the removal of all the trees on site as the Arborist's report states none of the trees could be preserved because of the grading issues and because of their age and unlikely viability, the trees can not be replanted. Secondly, the next sentence of this Code section discusses a future connection to the Community Trail System and Miller Park, now named Garcia Park. A discussion with Community Services has revealed that Garcia Park was never designed to connect to a commercial development at the corner of Foothill Boulevard and East Avenue. Access to the trail system can still be obtained by traveling approximately 350 feet west of the subject property and 1,000 feet north of the property. Section 17.32.080 (D)(6)(c) is hereby amended to read as follows (new text in bold and deleted text in s#ikethreugh: Northwest Corner of Foothill Boulevard and East Avenue. This site has been selected for a Neighborhood Commercial use with specific intent to allow for partial preservation of the existing Eucalyptus grove. The Site Plan for such use shall incorporate as many existing trees as possible, or remove the existing trees with the approval of a Tree Removal Permit for the trees that meet the requirements of the Tree Preservation Ordinance and replace them at a ratio of one to one in a manner that gives the appearance of a grove of trees or windrows. These trees shall be maintained at all times, b • C,D, E,F,G - 5 PLANNING COMMISSION STAFF REPORT DRC2009-00842, DRC2009-00843, DRC2009-00861, DRC2010-00562, DRC2011-00043 - KAMRAN BENJI March 23, 2011 • Page 6 The initiation of this amendment was bundled into the development package to allow the Commission to review the entire project while making a decision as to how the amendment would affect the area. It is understood that the Code Amendment must be forwarded to the City Council for final action and that the project approval is contingent to that approval. E. Uniform Sign Program: The Uniform Sign Program is being established to allow for variety and a more custom fit to the different types of tenants anticipated at the site. Major tenants, which are 15,000 square feet or greater will be allowed to have maximum letter heights of 48-inches and the sign area shall not exceed one square foot per lineal foot of tenant frontage, up to a maximum of 150 square feet. This type of tenant shall only be allowed 3 signs in total (i.e., 2 building identification signs and 1 monument.) The Mini-Major tenant is classified as a tenant that occupies space from 6,000 to 14,999 square feet. A Mini-Major tenant shall be allowed a maximum letter height of 30-inches oriented towards a parking area. The sign area shall not exceed one square foot per lineal foot of tenant frontage, up to a maximum of 100 square feet. A Mini-Major tenant shall only be allowed 3 total signs (i.e., 2 building identification sign and 1 monument). The shop tenants are tenants that occupy space under 5,999 square feet; these tenants will be allowed a maximum letter height of 24-inches. The sign area for shop tenants shall not exceed one square foot per lineal foot of tenant frontage, up to a maximum of 100 square feet; tenants with less than 25-lineal feet of frontage may only have one store front sign up to a maximum of 25 square feet. These tenants shall only be allowed 1 sign unless the tenant has exposure to a parking lot or street and then they • may add an additional sign with the landlord's approval. The tenant on Pad A shall have a maximum letter height of 24-inches and the sign area shall not exceed one square foot per lineal foot of tenant frontage, up to a maximum of 120 square feet. This tenant shall only be allowed a maximum of 3 signs in total (i.e., 2 building identification signs and 1 monument). Tenants that have a mansard roof are required to have a maximum letter height of 18-inches beneath the eaves. These signs will be predominately channel letters that are halo or standard illumination and may utilize backers that are not illuminated from the rear. The program also indicates a raceway will be utilized only in the areas that have a stone veneer to lessen the number of holes drilled through the walls. The sign program proposes monument signs 2-feet by 6-feet by 0-inches that will be located at each entrance off Foothill Boulevard. Each sign has 3-panel areas for signage with an 8-inch minimum letter height and the name of the center at the bottom. Each tenant will also have the opportunity to have a blade sign near their storefront. This blade sign will be no larger than 24-inches wide or 18-inches tall and shall be suspended a minimum of 7-feet, 6-inches above the finished grade with a bracket supplied by the owner. The thickness of these blades shall not exceed 1 '/-inch. The signs shall not be internally illuminated, only externally illuminated with a light that is provided on the brackets provided by the owner. F. Design Review Committee: The Design Review Committee (Munoz, Wimberly, and Granger) reviewed the elevations on February 1, 2011. At that time the Committee stated that the • project was slightly deficient in meeting the 360 degree architectural requirement. They asked C,D, E,F,G - 6 PLANNING COMMISSION STAFF REPORT , DRC2009-00842, DRC2009-00843, DRC2009-00861, DRC2010-00562, DRC2011-00043 - KAMRAN BENJI • March 23, 2011 Page 7 the applicant to make changes to the design of the rear of the buildings near the north property lines and bring the project back to the Design Review Committee on Consent Calendar for review. The applicant addressed the concerns that were detailed in the Design Review Comments and brought the project back to Design Review Committee on February 15, 2011. The Committee reviewed the resubmitted plans and recommended approval to the Planning Commission. G. Technical Review and Grading Committees: The Technical Review and Grading Committees reviewed the project on February 1, 2011, and recommended approval. H. Neighborhood Meeting: The neighborhood meeting was held on February 24, 2011. The meeting was attended by three residents. The comments were favorable about the project but some did express concern about the sliver of land that would remain vacant on the northwest corner of Foothill Boulevard and East Avenue. Also, a concern was raised about the storm water flooding that occurs at the intersection of East Avenue and Foothill Boulevard. The proposed development will be installing an on site storm drain system to collect their storm water flows. This drainage system will connect to a City storm drain in Foothill Boulevard that drains to the County Flood Control Etiwanda Channel to the east. Therefore this development will not cause any additional flooding at East Avenue and Foothill Boulevard. The City is aware of the flooding along East Avenue and the storm drain system for East Avenue from • Foothill Boulevard to Base Line Road is under design. The City project to relieve the flooding along East Avenue is scheduled to begin construction within a year. In addition, all past developments tributary to East Avenue and Foothill Boulevard have installed detention basins to mitigate their development drainage. I. Environmental Assessment: Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures related to Aesthetics, Biological Resources, Agricultural Resources, Cultural Resources, Hydrology and Water Quality, Noise, Air Quality, Geology and Soils, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Mitigated Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. 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. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review DRC2009-00842, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043 and tree Removal Permit DRC2009-00861 through the adoption of the attached • Resolutions of Approval and Standard Conditions. Staff recommends that the Planning C,D,E,F,G - 7 PLANNING COMMISSION STAFF REPORT DRC2009-00842, DRC2009-00843, DRC2009-00861, DRC2010-00562, DRC2011-00043 — KAMRAN BENJI March 23, 2011 • Page 8 Commission recommend approval of Development Code Amendment DRC2010-00562 through the adoption of the attached Resolution and forward it to City Council for review and action. Respectfully submitted, er- / AICP /31" James '. Troyer, Planning Director JRT:SF\ds Attachments: Exhibit A - Site Utilization Map Exhibit B - Elevation Exhibit C - Site Plan Exhibit D - Landscape Plan Exhibit E - Grading Exhibit F - Uniform Sign Program Exhibit G - Design Review Committee Action Comments Dated February 1, 2011 Exhibit H - Design Review Committee Action Comments Dated February 15, 2011 Exhibit I - Planning Commission Workshop Minutes Dated January 14, 2009 • Exhibit J - Initial Study Parts 1 and 2 Draft Resolution of Approval for DRC2009-00842 Draft Resolution of Approval for DRC2009-00843 Draft Resolution of Approval for DRC2010-00562 Draft City Council Ordinance for DRC2010-00562 • • C,D,E,F,G - 8 1,7 r'Sal'f+! 31407413731 0,4411h .)CI 0;0/00 ,z006 'r3 •53730Hr 507 '3f1H)n1 Wit 151,)17103 377 •1SY3 4P 77!11003 dal 0)Mi" h000-ePOF 7 �� • -.001:410 IP 4040073110 Aloavoim gag .,...-.__r .. 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N - F R W � .. ` N 3cEyN '( -d ii — 1. *IL � fl lu,n',� ril., 17) 713 u0i 2 j�� j H v_ cmaamo k � Z an Ua mNU1� � QFo W i ar! ,; i c c c c,° o N J_. 0 E = d o VUH! 'o NM,th tri a0 C,D,E,F, & G - 38 ACTION AGENDA DESIGN REVIEW COMMITTEE MEETING TUESDAY FEBRUARY 1, 2011 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER RAINS ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA Committee Members: Lou Munoz Ray Wimberly James Troyer Donald Granger Alternates: Frances Howdyshell Richard Fletcher Francisco Oaxaca CONSENT CALENDAR NO ITEMS SUBMITTED PROJECT REVIEW ITEMS This is the time and place for the Committee to discuss and provide direction to an applicant regarding their development application. The following items do not legally require any public testimony, although the Committee may open the meeting for public input. 7:00 p.m. (Jennifer/Jarrod) CONDITIONAL USE PERMIT DRC2010-00237 - T-MOBILE -A request to install a • wireless communications facility on an existing utility pole within the public right-of- way on Sapphire Street, 189 feet north of the centerline of Jennet Street. This project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1 Exemption - Existing Facilities). 7:20 p.m. (Steve/Willie) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW - DRC2009-00842 - FOOTHILL & EAST LLC - KAMRAN BENJI - A request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District of the Foothill Specific Plan (Subarea 4), located at the northwest corner of Foothill Boulevard and East Avenue. APN: 1100-201-03 and 07. Related files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Conditional Use Permit DRC2009-00843, Sign Permit DRC2011-00043, Tree Removal Permit DRC2009-00861, and Development Code Amendment DRC2010-00562. 7:40 p.m. (Steve/Willie) UNIFORM SIGN PROGRAM DRC2011-00043 - KAMRAN BENJI - A request to establish a uniform program for a proposed shopping center within the Foothill Boulevard Community Commercial District (Subarea 4), at the northwest corner of Foothill Boulevard and East Avenue. Related files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Conditional Use Permit DRC2009-00843, Sign Permit DRC2011-00043, Tree Removal Permit DRC2009-00861, and Development Code Amendment DRC2010-00562. • EXHIBIT - G C,D, E, F,G - 39 DRC ACTION AGENDA February 1, 2011 Page 2 • PUBLIC COMMENTS There were no public comments. ADJOURNMENT The meeting adjourned at 8:30 p.m. • • C,D,E,F,G - 40 • • DESIGN REVIEW COMMENTS 7:20 p.m. Steve Fowler February 1, 2011 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW - DRC2009-00842 - FOOTHILL & EAST LLC - KAMRAN BENJI - A request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District of the Foothill Specific Plan (Subarea 4), located at the northwest corner of Foothill Boulevard and East Avenue. APN: 1100-201-03 and 07. Related files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, DRC2009-00843 Conditional Use Permit, DRC2011-00043 Sign Permit, DRC2009-00861 Tree Removal Permit, and DRC2010-00562 Development Code Amendment. Design Parameters: The applicant is proposing to construct a 61,800 square foot shopping center at the northwest corner of Foothill Boulevard and East Avenue, within the Foothill Boulevard (Subarea 4) Community Commercial District. The design of the site was previously reviewed by a Pre-Application DRC2008-00947 and Preliminary Review DRC2008-00284. During the Pre-Application, the Commission requested that the applicant try to obtain the sliver of land on the corner and design the center with a "wow factor." The applicant has tried several times to obtain the sliver of land but has not been successful. • The architectural style of the center has a winery theme with Craftsman style touches. This theme helps to blend the center with the surrounding homes and lends itself to themes that are utilized throughout the City. The center consists of three pads totaling 61,800 square feet of building area. The center breaks down as follows: 52,530 square feet will be retail, 6,470 restaurant use, 1,700 square feet drive thru and 1,700 square feet set aside for patio dining. Currently, the largest building proposed is a 15,000 square foot user which will be the Major, and a Sub-Major is being proposed at approximately 6,000 square feet. The total size of the site is 6.99 acres on two parcels. The two parcels are currently vacant with a partial grove of Eucalyptus trees growing mainly on the north and east sides of the project site. The applicant has submitted a Development Code Amendment to amend the Development Code to allow the removal of the Eucalyptus trees and the replanting of Eucalyptus trees around the perimeter of the project because Development Code Section 17.32.080 (D)(6)(c) requires a certain percentage of these trees to be preserved. A Tree Removal Permit has also been submitted for the removal of all the trees on-site, as the arborists report states none of the trees could be preserved. The buildings are all single-story with tower elements on each building. The pad nearest the corner of Foothill Boulevard and East Avenue is most visible from both streets. These elevations are covered with stone veneer on the tower columns. On the elevation facing Foothill Boulevard, there are three recessed, arched areas that will house murals. On the elevation facing East Avenue, the recessed arched elements will house faux wooden barn doors to add to the winery-inspired theme. All the towers on the site have heavy wood corbels, windows that will be illuminated at night, and finished with a smooth stucco and stone veneer. The roof styles consist of parapet walls, mansard roofs, and tower roofs that will be covered with Mission style tile. • The entry into the center from the activity center at the corner of Foothill Boulevard and East Avenue will have decorative paving and a heavy wood timber trellis with decorative wood braces. On the other side C,D, E,F,G -41 • DRC ACTION AGENDA DRC2009-00842 — KAMRAN BENJI • February 1, 2011 Page 2 of the tower at this entry point, a water feature will be displayed in the plaza area. The rest of the center will consist of smooth stucco finishes, decorative lighting, and metal wrought iron ornaments placed strategically throughout the site. The applicant has proposed adequate parking to accommodate the quantity of square footages for the uses that have been proposed. The two entries onto the site from Foothill Boulevard will have decorative stamped concrete and 6-foot tall monument signs at each entrance. The main entrance will be lined with Fruitless Olive trees. The rest of the landscape has retained the winery theme by planting grape vines as part of the planting palette, and the number of trees on-site has slightly exceeded the required number of trees to help keep the "grove feel" at this corner. The planting of the eucalyptus trees in a windrow fashion is to try to give remembrance to the grove on the north and west side of the site. The applicant is still trying to get permission to plant landscaping on the strip of land between his property and East Avenue so this parcel does not remain barren. The signage locations have been indicated on the plans to allow for the review of future placement as it corresponds with the building. The signage will be submitted under a separate sign permit package. The submittal also shows how the Foothill Boulevard Visual Improvement Plan will be implemented along Foothill Boulevard as a gateway into the City. Staff Comments: The following comments are intended to provide an outline for the Committee • discussion regarding this project. Major Issues: 1. The applicant worked hard with staff to follow the criteria outlined in the Development Code. There are no major issues regarding this project at this time. Minor Issues: 1. Provide the color and material of the decorative paved pedestrian pathways throughout the center. Policy Issues: No policy issues at this time. • Staff recommendation: Staff recommends that the Design Review Committee recommend approval of this Development Review to the Planning Commission. Design Review Committee Action: The Committee members reviewed the project and requested that the applicant enhance the rear elevations of the building located near the north property line. The Committee agreed that the applicant should utilize some of the elements already being used on the other elevations and incorporate them onto the rear of this building. The Committee asked that the applicant work with staff on the issues and return to the Design Review Committee on Consent Calendar at a later date. Members Present: Munoz, Wimberly, Granger • Staff Planner: Steve Fowler C,D,E,F,G - 42 • • DESIGN REVIEW COMMENTS • • 7:40 p.m. Steve Fowler February 1, 2011 • UNIFORM SIGN PROGRAM DRC2011-00043 - KAMRAN BENJI - A•request to establish a uniform program for a proposed shopping center within the Foothill Boulevard Community Commercial District (Subarea 4), at the northwest corner of Foothill Boulevard and East Avenue. Related files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, DRC2009-00843 Conditional Use Permit, DRC2011-00043 Sign Permit, DRC2009-00861 Tree Removal Permit, and DRC2010-00562 Development Code Amendment. Design Parameters: The applicant is proposing a Uniform Sign Program for a new shopping center at the northeast corner of Foothill Boulevard and East Avenue. The center will be named Piazza Del Vino. The center will consist of 61,800 square feet of multi-tenant restaurant and retail space. • The Uniform Sign Program is being established to allow different types of tenants to have different requirements for their respective spaces. Major tenants which are 15,000 square feet or greater will be allowed to have maximum letter heights of 48 inches, and the sign area shall not exceed one square foot per lineal foot of tenant frontage, up to a maximum of 150 square feet. This type of tenant shall only be allowed 3 total signs (i.e. 2 building identification sign and 1 monument). The Mini Major Tenant is classified as a tenant that occupies space from 6,000 to 14,999 square feet. A Mini Major Tenant shall • be allowed a maximum letter height of 30" oriented towards a parking area. The sign area shall not exceed one square foot per lineal foot of tenant frontage, up to a maximum of 100 square feet. A Mini Major tenant shall only be allowed 3 total signs (i.e. 2 building identification signs and 1 monument sign). The shop tenants are tenants that occupy space under 5,999 square feet; these types of tenants shall be allowed a maximum letter height of 24 inches. The sign area for shop tenants shall not exceed one square foot per lineal foot of tenant frontage, up to a maximum of 100 square feet; tenants with less than 25 lineal feet of frontage may only have one store front sign up to a maximum of 25 square feet. These types of tenants shall only be allowed 1 sign unless the tenant has exposure to a parking lot or street, then they may add an additional sign with the landlord's approval. The Pad tenant on Pad A shall have a maximum letter height of 24 inches and the sign area shall not exceed one square foot per lineal foot of tenant frontage, up to a maximum of 120 square feet. This tenant shall only be allowed a maximum of 3 total signs (i.e. 2 building identification signs and 1 monument sign). Tenants that have a mansard roof are required to only have a maximum letter height of 18 inches beneath the eaves. These signs will be predominately channel letters that are halo or standard illumination and may utilize backers that are not illuminated from the rear. The program also indicates that a raceway will be utilized only in the areas that have a stone veneer to lessen the number of holes drilled through the walls. The Sign Program proposes two 6'-0" tall monument signs that will be located at each entrance off of Foothill Boulevard. Each sign has 3 panel areas for signage with an 8-inch minimum letter height and the name of the center at the bottom. Each tenant will also have the opportunity to have a blade sign near their storefront. This blade sign will be no larger than 24 inches wide or 18 inches tall and shall be suspended a minimum of 7 feet 6 inches • above the finished grade with a bracket supplied by the owner. The thickness of these blades shall not exceed 1 1/2." The signs shall not be internally illuminated, only externally illuminated with a light that is provided on the brackets provided by the owner. • C,D,E, F,G - 43 • • • DRC ACTION AGENDA . • DRC2011-00043 — KARMRAN BENJI • February 1, 2011 Page 2 Staff Comments: The following comments are intended to provide an outline for the Committee discussion regarding this project. Major Issues: The applicant worked with staff to follow the City's Sign Ordinance and comply with the design criteria outlined in the Development Code. There are no major issues regarding this project at this time. Minor Issues: • 1. Backers may be utilized but may not be illuminated from the rear. All backer plates shall be mounted against the wall and shall not extend over 2 inches from the edge of the letters. Policy Issues: 1. Shopping centers shall use an 18-inch maximum letter height. For buildings plotted at the street setback line, use a 12-inch maximum letter height. Staff recommendation: Staff recommends that the Design Review Committee recommend approval of the Uniform Sign Program. • Design Review Committee Action: The Committee members reviewed the Uniform Sign Program and recommend that the item be moved to the Planning Commission for approval. Members Present: Munoz, Wimberly, Granger Staff Planner: Steve Fowler • • C,D,E,F,G -44 • DESIGN REVIEW COMMENTS February 1 , 2011 ADJOURNMENT • The meeting adjourned at 8:30 p.m. Respectfully submitted, • 32f,3Z. James R. Troyer, AICP Planning Director • • C,D, E, F,G -45 ACTION AGENDA • DESIGN REVIEW COMMITTEE MEETING TUESDAY FEBRUARY 15, 2011 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER RAINS ROOM 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA Committee Members: Lou Munoz Ray Wimberly James Troyer Donald Granger Alternates: Frances Howdyshell Richard Fletcher Francisco Oaxaca CONSENT CALENDAR 7:00 p.m. (SteveNVillie) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00842 - FOOTHILL & EAST LLC - KAMRAN BENJI - A request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District of the Foothill Specific Plan (Subarea 4), located at the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 and 07. Related files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Conditional Use Permit DRC2009-00843, Sign Permit DRC2011-00043, Tree Removal Permit DRC2009-00861, and Development Code Amendment DRC2010-00562. PROJECT REVIEW ITEMS • NO ITEMS SUBMITTED. PUBLIC COMMENTS There were no public comments. ADJOURNMENT The meeting adjourned at 7:07 p.m. • EXHIBIT - H C,D,E,F,G - 46 CONSENT CALENDAR • DESIGN REVIEW COMMENTS 7:00 p.m. Steve Fowler February 15, 2011 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00842 - FOOTHILL & EAST LLC - KAMRAN BENJI - A request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District of the Foothill Specific Plan (Subarea 4), located at the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 and 07. Related files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Conditional Use Permit DRC2009-00843, Sign Permit DRC2011-00043, Tree Removal Permit DRC2009-00861, and Development Code Amendment DRC2010-00562. Background: At the February 1, 2011, Design Review Committee meeting, the Committee members reviewed the project and requested that the applicant enhance the rear elevations of the building located near the north property line. The Committee agreed that the applicant should utilize some of the elements already being used on the other elevations and incorporate them onto the rear of this building. The Committee asked that the applicant work with staff on the issues and return to the Design Review Committee on Consent Calendar at a later date. The applicant has revised the rear elevations to incorporate a two-tone paint scheme with an accent foam molding that matches the front and side elevations. PLANS WILL BE AVAILABLE AT THE MEETING. • • Staff Recommendation: Staff recommends approval of the revised rear elevations. Design Review Committee Action: The project was approved as presented. Members Present: Munoz, Wimberly, Granger Staff Planner: Steve Fowler • C,D,E, F,G - 47 • DESIGN REVIEW COMMENTS . February 15, 2011 ADJOURNMENT The meeting adjourned at 7:07 p.m. Respectfully submitted, James R. Troyer, AICP Planning Director • • • C,D,E,F,G -48 • CITY OF RANCHO CUCAMONGA PLANNING COMMISSION WORKSHOP MINUTES Adjourned Meeting January 14, 2009 Chairman Fletcher called the Adjourned Meeting of the City of Rancho Cucamonga Planning Commission to order at 8:40 p.m. The meeting was held in the Rains Room at Rancho Cucamonga Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. • ROLL CALL COMMISSIONERS: PRESENT: Richard Fletcher, Rich Howdyshell, Lou Munoz, Pam Stewart, Ray Wimberly ABSENT: None STAFF PRESENT: Steve Fowler, Assistant Planner; Dan James, Senior Civil Engineer; James Troyer, Planning Director; Corkran Nicholson, Assistant Planning Director ANNOUNCEMENTS None • . . . . . NEW BUSINESS A. PRE-APPLICATION REVIEW DRC2008-00947-FOOTHILL&EAST LLC-KAMRAN BENJI- A request to review options for the development of a 66,212 square foot retail center with restaurant and drive thru pads at the northwest corner of Foothill Boulevard and East Avenue located in the Foothill Boulevard Specific Plan, Subarea 4, in the Community Commercial Development District - APN: 1100-201-03 Mr. Benji started the workshop by presenting his project and expressing his issues with the grove of trees on the site. He said they needed to remove all of them because they are generally diseased, in poor health, trimmed wrong in the past and a fire hazard. He also discussed a general planting scheme for new trees on the site that would be included with his development. He then discussed the layout of his proposed project by stating he would include plazas and pedestrian areas throughout the site. He also asked about eminent domain to acquire the parcel between his parcel and East Avenue. Steve Fowler,Assistant Planner, presented a power point presentation providing zoning and general plan information, the request of the applicant to get clarification on the tree grove issue, some options for dealing with the grove and the City's expectations from the applicant in relation to this project. The Commission then gave their thoughts and comments on both presentations and of the proposed project. They noted the following items: • EXHIBIT - I C,D,E,F,G - 49 • The grove of trees has deteriorated and they asked the applicant to save some perimeter • trees if possible and replace the others with some specimen size trees. Also a monument of the history of the grove somewhere on the site would be requested. • A major issue was the acquisition of the parcel of land between the project site and East Avenue. The commissioners said that the sliver of land needed to be acquired to make this project work. • A Master Plan of the parcel to the north of this project will be required. They wanted to see connectivity with both lots. • Parking study may be required to determine if sufficient area has been set aside for this issue. Providing the minimum amount of required parking for certain uses on site is not appropriate, consideration of extra parking is desired. • The architecture and design of the site is a good start but needs to have a "Wow"factor. This is the gateway to the city and needs to exemplify the city's standards. In the design, • better architecture and more pedestrian friendly areas such as pathways and plazas would be required. Also the drive thru and pad "A" would need to be redesigned. • Eminent domain would not be a way of obtaining the parcel to the east. • The Route 66 archway should be researched to determine the feasibility of installing it as part of the project at its current location. • • Neighborhood meetings are required. • Continue to work with staff to resolve any issues. • PUBLIC COMMENTS None ADJOURNMENT The Planning Commission Workshop adjourned at 9:40 p.m. Respectfully submitted, ` James R. Troyer, AICP Secretary Approved: January 28, 2009 • • PC Adjourned Minutes -2- January 14, 2009 C,D, E, F,G - 50 ( ENVIRONMENTAL • �; INFORMATION FORM ,ur fit- (Part I - Initial Study) City of Rancho Cucamonga (Please type or print clearly using ink. Use the tab key to move from one line to the next line.) Planning Division (909)477-2750 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. 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. Application Number for the project to which this form pertains: DRC2008-00284 Project Title: Foothill East Plaza • Name &Address of project owner(s): Foothill & East LLC, 2016 E. 15th Street, Los Angeles, CA 90021 Name &Address of developer or project sponsor:: Foothill & East LLC, 2016 E. 15th Street, Los Angeles, CA 90021 Contact Person &Address: Kamran Benji, Foothill & East LLC, 2016 E. 15th Street, Los Angeles, CA 90021 • (213) 749-1447 Ext 109. Name &Address of person preparing this form Of different from above): • Telephone Number: EXHIBIT ) Page 1 of 10 C,D, E, F,G - 51 Created on 10/29/2009 5.45 00 PM PROJECT INFORMATION 8 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): The undeveloped property approximately 60 feet west of the Northwest corner of Foothill Boulevard and East Avenue. 4) Assessor's Parcel Numbers(attach additional sheet if necessary): 1100-201-03 & 1100-201-07 `5) Gross Site Area(ac/sq. ft.): 7.95 *6) Net Site Area (total site size minus area of public streets&proposed dedications): 6.99 • 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary): None. 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: Development Design Review, Planning Commission Approval, Tree Removal Permit, Grading Permit, Construction Permit, Landscaping Installation Approval, Tenant Occupancy Permits 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 site is an undeveloped parcel with scrub brush and approximately 123 Eucalyptus trees in various states of health, death and sickness. A tree removal permit will be process in conjunction with the project. • A Biological Review and Report prepared by Kinsinger Environmental was conducted in May 2009 and has been previously submitted . A full full Arboriist Report prepared by Geocon was prepared for the site in EnvironmentallnfoForm(bm) Page 2 of 10 Created on 10/29/2009 5:45:00 PM C,D,E,F,G - 52 August 2008 and revised in February 2009. Both have been previously submitted and are on file with the • City. The Eucalyptus Trees present on site are of an Austrailian hardwood originally introduced and naturalized in the U.S. for the making of railroad ties that ultimately proved unsuitable for such purposes. All trees resident on site suffer from small branch lerp psyllid infestation and leaf predation. Per the Biological Survey previously conducted, there are no senstitive plant species occuring on site within 100 feet of the project site and there are no threatened or endangered species found on site and none are expected to occur. The survey further indicates that the project/subject site is nearly level and that no streams or water courses are present. There are no structures located on the project site. Two utility easements (Rancho Cucamonga Water District and Southern California Gas Company) traverse the project site along its westernmost boundary. 10) Describe the known cultural and/or historical aspects of the site. Cite all sources of information(books, published reports and oral history): The property was planted with Eyucalyptus in some type of grove formation. There is some oral history associated with Eyucalyptus used as windrows, however, no information is immediately available. • The Eucalyptus Trees present on site are of an Austrailian hardwood originally introduced and naturalized in the U.S. for the making of railroad ties that ultimately proved unsuitable for such purposes. 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 subject site is located along a Foothill Boulevard and Historic Route 66 at the City's easternmost boundary. Existing traffic and roadway noise will have no affect on proposed land uses. A full traffic analysis has been prepared by Linscott Law and Greenspan and is being submitted with the project application. 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: The proposed project includes a single phase retail development with a mix of smaller retail majors and in-line shops and restaurants with one coffee/drive-thru user. Full improvements to be part of the project would include street improvements per city requirements including a bus turnout and bus stop, on- site and street adjacent landscaping and corresponding irrigation, on-site infrastructure including • water, sewer, grading and related facilities. A construction schedule would be pending entitlement schedule and market demand. EnvironmentallnfoForm(bm) Page 3 of 10 Created on 10/29/2009 5:45:00 PM C,D,E,F,G - 53 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.): Properties immediately adjacent at the north and east are vacant land zoned for commercial use. A major utility easement and powerlines flank the entire westerly boundary of the project site. Foothill Boulevard defines the southerly project boundary with a high density senior residential housing presently under construction and located directly across the street. • 14) Will the proposed project change the pattern, scale or character of the surrounding general area of the project? No. The project is designed and scaled to meet the character of the surrounding residential community and will provide neighborhood retail and service amenities at a pedetrian scale to the immediate community. • 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? No significant sources of noise are associated with this type and scale of development. *16) Indicate proposed removals and/or replacements of mature or scenic trees: Dead and non-heritage trees have already been removed per a previous tree removal permit. A tree removal permit will be submitted in conjunction with the project for 123 mature trees presently diseased with small branch lerp psyllid infestation and leaf predation. The project proposes the planting of 321 new trees to include 133 Eucalyptus trees. 17) Indicate any bodies of water(including domestic water supplies)into which the site drains: The proposed drainage is handled on-site and then remitted to the storm sewer. • EnvironmentallnfoForm(bm) Page 4 of 10 Created on 10/29/2009 5:45:00 PM C,D, E, F,G -54 • 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water District at 987-2591. • a. Residential(gal/day) Peak use (gal/Day) b. Commercial/Ind. (gal/day/ac) 20,970.00 Peak use(gal/min/ac) 19)• Indicate proposed method of sewage disposal. ❑ Septic Tank ® 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 County Water District at 987-2591. a. Residential(gal/day) b. Commercial/Industrial(gal/day/ac) 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: • EnvironmentallnfoForm(bm) Page 5 of 10 Created on 10/29/2009 5:45:00 PM C,D, E,F,G - 55 • EnvironmentallnfoForm(bm) Page 6 of 10 Created on 1029/2009 5:45:00 PM C,D, E, F,G - 56 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: Retail and restaurant. 26) Total floor area of commercial, industrial, or institutional uses by type: 60,206 sf 27) Indicate hours of operation: 6:00 am- 11:00 pm • 28) Number of employees: Total: Maximum Shift: Time of Maximum Shift: 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): Not known, depends on tenants. 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): None known at this time. • EnvironmentallnfoForm(bm) Page 7 of 10 Created on 10/29/2009 5:45:00 PM C,D, E, F,G - 57 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. Preliminary plans have been submitted to planning and we have received comments from fire and city staff. 33) In the known history of this property, has them 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, solvents, 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 dates of use, if known. None known. 34) Will the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic • materials, 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. No. 1 hereby certify that the statements furnished above and in the attached exhibits present th- ..ta and information required for adequate evaluation of this project to the best of my ability, that the facts,statements,and ormation•resented are true and correct tot he best of my knowledge and belief. I further understand that additional information ay be re..mred to be submitted before an adequate evaluation can be made by the City of Rancho Cucamonga. Date: QC4 50 I 01 Signature: Title: „61r • EnvironmentallnfoForm(bm) Page 8 of'10 Created on 10/29/2009 5:45:00 PM C,D,E,F,G - 58 ATTACHMENT A • • • "'Water Usage Average use per day Residential Single Family 600 gal/day Apt/Condo 400 gal/day Commercial/Industrial General and Regional Commercial 3,000 gal/day/ac Neighborhood Commercial 1,500 gal/day/ac General Industrial 2,500 gal/day/ac Industrial Park 3,000 gal/day/ac Peak Usage • For all uses Average use x 2.0 Sewer Flows Residential Single Family 270 gal/day Apt/Condos 200 gal/day • Commercial/Industrial General Commercial 2,000 gal/day/ac Neighborhood Commercial 1,000 gal/day/ac General Industrial 1,500 gal/day/ac Heavy Industrial 3,000 gal/day/ac Source: Cucamonga County Water District Master Plan, 6/00 • • • EnvironmentallnfoForm(bm) Page 9 of 10 Created on 10/29/2009 5:45:00 PM C,D,E, F,G - 59 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 5959 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 • EnvironmentallnfoForm(bm) Page 10 of 10 Created on 10/29/2009 5:45:00 PM C,D, E, F,G - 60 • HAZARDOUS WASTE SITE STATEMENT • I have been informed by the City of Rancho Cucamonga of my responsibilities pursuant to California Government Code Section 65962.5 (copy attached) to notify the City as to whether the site for which a development application has been submitted is located within an area which has been designated as the location of a hazardous waste site by the Office of Planning and Research, State of California (OPR). I have, also been informed by the City of Rancho Cucamonga that, as of the date of executing this Statement OPR has not yet compiled and distributed a list of hazardous waste site as required by said Section 65962.5. I am informed and believe that the proposed site for which a development application • has been submitted is not within• any area specified in said Section 65962.5 as a hazardous waste site. • I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Dated: 6( - 3 0 1 01 v - o- - Applicant • C,D,E, F,G - 61 1P-Hum. .,._._ . _ QUASTI QUADRANGLE CALIFORNIA 7.5 MINUTE SERIES (TOPOORAI?HIC SE/4 ONTARIO 15' QUADRANGLE ;ES 449 R.6 W 3230" 1 I '51 '52 2 150000 FEET1(5) , . -/4-i- __,-,.- . -------------er---r13.5o r- p---32 - 55.1 I/ - ) „..- , •_-_ _ ---- il --:•-- - .. T__ _ . 7. _... 000 • __ iNE -- 8..L5L1A1 .,,. . ,,55-,,, _ _S--AI:.) ..-------. 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Project File: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009-00842 - FOOTHILL & EAST, LLC - KAMRAN BENJI - A Request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue -APN: 1100-201-03 & 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043, Tree Removal Permit DRC2009-00861, and Development Code Amendment DRC2010-00562. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2009-00843 - FOOTHILL & EAST, LLC - KAMRAN BENJI - A request to construct a 61,800 square foot multi-tenant commercial center with a drive-thru (Pad A) on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue -APN: 1100-201-03 & 07. Related Files: • Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Development Review DRC2009-00842, Uniform Sign Program DRC2011-00043, Tree Removal . Permit DRC2009-00861, and Development Code Amendment DRC2010-00562. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. DEVELOPMENT CODE AMENDMENT DRC2010-00562 - FOOTHILL & EAST, LLC — KAMRAN BENJI -'A request to amend the text in Development Code Section 17.32.080 (D)(6c) to allow for the removal and replacement of the grove of trees on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 & 07. Related Files: Preliminary Review DRC2008-00284, Pre-Application DRC2008-00947, Development Review DRC2009-00842, Conditional Use Permit DRC2009-00843, Uniform Sign Program DRC2011-00043, and Tree Removal Permit DRC2009-00861. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. 2. Related Files: Uniform Sign Program DRC2011-00043, and Tree Removal Permit DRC2009-00861. 3. Description of Project (Describe the whole action involved, including, but not limited to, later phases of the project and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary): The applicant is proposing to construct a 61,800 square foot shopping center on two parcels totaling 6.99 acres of land approximately 65 feet west of the northwest corner of Foothill Boulevard • and East Avenue, within the Foothill Boulevard Specific Plan (Subarea 4) Community Commercial District. The proposed name of the development is Piazza Del Vino. C,D, E,F,G - 63 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC— KAMRAN BENJI Page 2 • The architectural style of the center has a winery theme with touches of Craftsman styling. This theme blends the center with the surrounding homes and lends itself to themes that are utilized throughout the City. The center consists of three pads totaling 61,800 square feet of building area. The center breaks down as follows: 52,530 square feet will be retail, 6,470 restaurant use, 1,700 square feet for drive-thru and 1,700 square feet set aside for patio dining. Currently, the largest building proposed is a 15,000 square foot user, which will be the Major, and a Sub Major is being proposed at approximately 6,000 square feet. The parking for a shopping center less than 600,000 square feet but over 25,000 square feet is at a ratio of 5 per 1,000 square feet and this calculates to 309 spaces and this is the number provided. The two parcels are currently vacant with a partial grove of Eucalyptus trees growing mainly on the east and north sides of the project site. The applicant has submitted a Development Code Amendment to amend the Development Code to allow the removal of the Eucalyptus trees and allow for the replanting of Eucalyptus trees around the perimeter of the project because Development Code Section 17.32.080 (D)(6)(c) requires a certain percentage of these trees be preserved. Tree Removal Permit DRC2009-00861 •has also been submitted for the removal of all the trees on site. 4. Project Sponsor's Name and Address: Foothill & East, LLC Kamran Benji 2016 East 15th Street Los Angeles, CA 90021 5. General Plan Designation: General Commercial • 6. Zoning: The Foothill Boulevard Specific Plan land use designation for the site is Community Commercial within Subarea 4. 7. Surrounding Land Uses and Setting (Briefly describe the project's surroundings): The project site is a vacant, rectangle shaped parcel with a partial grove of trees that is bound on the north side by a vacant parcel that is zoned commercial, and a vacant parcel to the west that is a utility corridor, across East Avenue is an existing single-family residential development in the City of Fontana and to the south across Foothill Boulevard is multi-family housing. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Steve Fowler Assistant Planner (909)477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Cucamonga Valley Water Department, City of Rancho Cucamonga • Departments: Engineering, Building and Safety, and Business License. GLOSSARY—The following abbreviations are used in this report: • CV W D—Cucamonga Valley Water District EIR— Environmental Impact Report Rev. 11/2010 C,D,E, F,G - 64 , Initial Study for City of Rancho Cucamonga • DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC— KAMRAN BENJI Page 3 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•0—Fine Particulate Matter RWQCB— Regional Water Quality Control Board SCAQMD—South Coast Air Quality Management District SWPPP—Storm Water.Pollution Prevention Plan URBEMIS7G — Urban Emissions Model 7G 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. Resources (7) Air Quality (V)Aesthetics (7)Agricultural (1)Biological Resources (✓) Cultural Resources (7) Geology & Soils ( ) Hazards &Waste Materials (v)Hydrology &Water Quality ( ) Land Use & Planning ( ) Mineral Resources (7) Noise ( ) Population & Housing - () Public Services ( ) Recreation ( )Transportation/Traffic ( ) Utilities & Service Systems ( ) Mandatory Findings of 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. (7) 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 ohe 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. 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 EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigatiop,mea- res t 1 are imposed up the proposed project, nothing further is required. • Prepared By: � / �)e� '�' Date: �7l I+/ I� Reviewed By: • 1A-A--t.l 1 t Date: "->' )9— !De 1/• Rev. 11/2010 (((�� C,D,E, F,G - 65 Initial Study for • City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC— KAMRAN BENJI Page 4 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than PP 9 Significant Mitigation Significant No Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? ( ) ( ) ( ) (✓) b) Substantially damage scenic resources, including, but ( ) ( ) ( ) (✓) 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. 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. c) The site is located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue and is characterized by vacant land to the north and south, single-family residential development to the east and multi-family residential units to the south. The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with the Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project would increase the number of streetlights and security lighting used in the immediate vicinity. The design and placement of light fixtures will be shown on site plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be selected and located to confine the area of illumination to within the project site. The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) (✓) ( ) 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? Rev. 11/2010 C,D, E, F,G - 66 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 - • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 5 • Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impact c) Involve other changes in the existing environment, ( ) ( ) ( ) (') which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: a) The site is not designated as Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance. The site is located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue, and is characterized by vacant land to the north and south, single-family residential development to the east and multi-family residential units to the south. 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 General Plan (Table RC-2). 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 farmlands 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. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The site is located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue, and is characterized by vacant land to the north and south, single-family residential development to the east and multi-family residential units to the south. The nearest agricultural use is more than a 1/2 mile northwest from the project site. Therefore, no adverse impacts are anticipated. • 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. 11/2010 C,D, E, F,G - 67 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC— KAMRAN BENJI Page 6 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant corporate Significant pa impact Incorporated Impact Impel d) Expose sensitive receptors to substantial pollutant ( ) (✓) ( ) ( ) • concentrations? - e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (✓) number of people? Comments: a) As noted in the General Plan FPEIR (Section 4.3), the proposed project would not interfere with the region's ability 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. b) 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. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and would not violate an Air Quality standard or worsen the existing air quality in the region. 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. Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning Staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. • • Rev. 11/2010 • C,D, E,F,G - 68 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC— KAMRAN BENJI Page 7 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant corporal Significant Impact Incorporated Impact Impact 4) All asphalt shall meet or exceed performance standards noted in SCAQMD • Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is • carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCBj) daily to reduce PM" emissions, in accordance with SCAQMD Rule 403. • 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be • applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM" emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews.will shut off equipment when not in use. Based upon on the Urban Emissions Model (URBEMIS7G) estimates in Table 4.3-3 of the General Plan Final Program Environmental Impact Report (FPEIR), Nitrogen Dioxide (No2), Ozone (03), and Particulate Matter (PM2.5 and PM1g) would exceed SCAQMD • thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less-than-significant. Long Term (Operational) Emissions - In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the Rev. 11/2010 C,D, E,F,G - 69 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC— KAMRAN BENJI Page 8 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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 shall be implemented: 10) Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. 11) Provide preferential parking to high occupancy vehicles and shuttle services. 12) Schedule truck deliveries and pickups during off-peak hours. 13) Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. 14) Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. 15) Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 16) 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). 17) All industrial and commercial facilities shall designate preferential parking for vanpools. 16) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 19) 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. 20) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 21) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 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 Rev. 11/2010 C,D, E, F,G - 70 • • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 9 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impel Incorporated Impact Impact ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. 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. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above and the following mitigation measure will reduce impact to less-than-significant levels. 22) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008 to reduce emissions of PM2.5 • and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths) in new development on or after March 9, 2009. 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. Odors from residential uses would be like cooking and gardening. Similarly common odors associated with mixed-use and commercial land uses would be expected (i.e., restaurants). Local odors from the majority of land uses would be similar to other urban areas and would not be considered significant. Industrial uses could create objectionable odors and therefore are located away from residential uses and sensitive receptors. Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (t) 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 ( ) ( ) ( ) (V) 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? • Rev. 11/2010 C,D,E,F,G - 71 • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC— KAMRAN BENJI Page 10 • • Less Than • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impart Incorporated Impact Impact c) Have a substantial adverse effect on federally ( ) ( ) ( ) (✓) 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 ( ) (✓) 0 ( ) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (✓) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with residential uses. The site has been • previously disrupted during construction of infrastructure and surrounding developments. According to the General Plan Figure RC-4, and Section 4.4, of the General Plan FPEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. • b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resources. • d) The City is primarily located in an urban area that does not contain large, contiguous natural open space areas. Wildlife may potentially move through the north/south trending tributaries in the northern portion of the City and within the Sphere-of-Influence. The City is required to acquire and/or protect open space areas that provide strategic wildlife corridors to vital habitat areas; therefore, no adverse impacts are anticipated. e) There are Heritage Trees on the project site; therefore, the proposed project is currently in conflict with the Development Code. An arborists report has been prepared by Geocon Consultants, Incorporated August 20, 2008. The report identified approximately 190 trees on the site of which 123 are viable and subject to the preservation requirement. The report requires the removal of all the trees to develop the site. The following mitigation measure will reduce impact to less-than-significant levels. 1) The removal of any Heritage Trees from the site shall require a one to one • replacement of the trees with a similar type 15 gallon species. Rev. 11/2010 C,D,E, F,G - 72 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 11 Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant Mitigation Sic No Impact Incorporated Impad t Impact 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. 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 Municipal Code Section 2.24 (Historic Preservation). There will be no impact. 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 following mitigation measures 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. • Pursue educating the public about 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. • • Rev. 11/2010 - 73 • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC— KAMRAN BENJI Page 12 • • Less Than • Significant Less • Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact • 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. 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. • 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. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments. 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 Rev. 11/2010 C,D, E,F,G - 74 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 13 Less man • Significant Less Potentially With Than Issues and Supporting Information Sources: Significant corporate Significant oe Imoad Incorporated Imoact Imoeci (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. 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 ( ) ( ) ( ) (✓) 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? ( ) ( ) ( ) (✓) Hi) Seismic-related ground failure, including ( ) ( ) ( ) (✓) • • liquefaction? iv) Landslides? ( ) ( ) ( ) (✓) b) Result in substantial soil erosion or the loss of topsoil? ( ) (✓) ( ) ( ) 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 ( ) ( ) ( ) (✓) 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 ( ) ( ) ( ) (✓) 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, passes within 2-1/4 miles northwest of the site, and the Cucamonga Fault Zone lies approximately 3 miles north. These faults are both capable of producing Mw 6.0-7.0 earthquakes. Also, the San Jacinto Fault, capable of producing up to M„,7.5 earthquakes is 11 miles northeasterly of the site and the San Andreas, capable of up to MV,8.2 earthquakes, is 16 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. Rev. 11/2010 C,D,E,F,G - 75 • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC — KAMRAN BENJI Page 14 • Less Than Significant Less Potentially with Than Issues and Supporting Information Sources: Significant Incorporated Significant Impact IncomweteE Impact Impoq 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 PMfp 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 PMfp emissions. c) 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 501 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 City Hillside Development regulations prohibits the development within slopes of 30 percent or greater and limit the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The site is not 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 Gravelly Loamy Sand Soil Association according to General Plan FPEIR (Exhibit 4.7-3). No adverse impacts are anticipated. 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 Gravelly Loamy Sand Soil association according to General Plan FPEIR (Exhibit 4.7-3). These soils are typically considered rapidly permeable with slow to very slow runoff and slight erosion hazard. 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. • • Rev. 11/2010. C,D,E,F,G - 76 Initial Study for City of Rancho Cucamonga • DRC2009-00842, DRC2009-00843 AND DRC2009-00562 - FOOTHILL & EAST, LLC — KAMRAN BENJI Page 15 • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: Significant corporal Significant Impact Impact Incorporated Impact pe 7. 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? d) Be located on a site which is included on a list of ( ) ( ) ( ) (✓) 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, ( ) ( ) ( ) (✓) • 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) Development within the City may utilize or generate hazardous materials or wastes. This is usually associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents, fertilizers, and motor oil. Additionally, through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials would be stored and used at individual sites. The City participates in a countywide interagency coalition that 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. No adverse impacts are expected. Rev. 11/2010 C,D,E, F,G - 77 • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC — KAMRAN BENJI Page 16 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than significant Mitigation Significant No Impact Incorporated Impact Impact b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full-service Hazardous Materials Division that is more comprehensive than 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 or volatile fuels will reduce the potential for significant impacts to a level less-than-significant. No adverse impacts are anticipated. c) There are no schools located within 1/4 mile of the project site. The project site is located within 1/3 mile of the nearest existing or proposed school. The project will be required to comply with existing State and Federal standards on the use and transport of hazardous materials. Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not 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/is not) within 2 miles of a public airport. The project site is located approximately 8 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2-1/2 miles 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. New development will be located on a site that 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. h) Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire 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). . • Rev. 11/2010 C,D,E, F,G - 78 . • • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 17 Less Than Significant Less Mitigation Then Issues and Supporting Information Sources: Potentially significant Mitigation Signifa No Impact Incorporated Impact Impact 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ( ) (V) ( ) ( ) 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? ( ) (✓) O ( ) 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 ( ) ( ) ( ) (✓) 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 Resource Control Board (SWRCB) through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Rev. 11/2010 C,D, E, F,G - 79 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC— KAMRAN BENJI Page 18 • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 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) that would 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 a Storm Water • Pollution Prevention Plan (SWPPP). To comply with the NPDES, the project's construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. The applicant has submitted a WQMP, prepared by Madole and Associates, June 14, 2010, which identifies Best Management Practices (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 would be 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 include the following measures at a minimum: a) Specify the timing of Rev. 11/2010 C,D,E,F,G -80 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC— KAMRAN BENJI Page 19 • Less Than Significant Less Potentially with Than Issues and Supporting Information Sources: Significant Mitigation Significant No Impact Incorporated Impact Impac• t 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. Post- Construction Operational: 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole and Associates June 14, 2010, to reduce pollutants after construction entering the storm drain system to the • maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 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 Plan (Figure RC-3). The development of the site will require the grading of the site and excavation; however, 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. 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 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. 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. Rev. 11/2010 • C,D, E,F,G - 81 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC — KAMRAN BENJI Page 20 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant corpotlon Significant Impact Incorporated Impact Impart 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. 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. 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 is for new development or • significant redevelopment; therefore, is required to comply with the National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. The following mitigation measures shall be implemented: 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain • system to the maximum extent practicable. The WQMP shall identify the • structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent (NOI) to comply with obtaining coverage under the National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. g) No housing units are proposed with this project. No adverse impacts are expected. 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. i) The Rancho Cucamonga area is flood protected by an extensive Storm Drain system • designed to convey 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, Rev. 11/2010 C,D,E,F,G - 82 • • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 21 Less Than Significant Less Issues and Supporting Information Sources: Potentiany with Than Significant Mitigation Significant No Impact Incorporated ImpaCt Impact 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. j) There are no oceans, lakes, or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. 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. 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) ( ) (V) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (t) 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 ( ) ( ) ( ) (v') or natural community conservation plan? Comments: a) The site is located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue and is characterized by vacant land to the north and south, single-family residential development to the east and multi-family residential units to the south. This project will be of similar design and size to surrounding commercial development to the west. The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Community Commercial of the Foothill Boulevard Specific Plan within sub area 4. 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. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to the 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; therefore, development will not adversely affect rare or endangered species of plants or animals because of the fact that the project is surrounded by urbanized land uses and is • consistent with the General Plan Land Use Plan. • Rev. 11/2010 C,D, E, F,G - 83 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC — KAMRAN BENJI Page 22 • • Less Than Significant Less Potentially With Than Issues and Supporting Information Sources: SignIficant Mitigation Significant I mpact Incorporated Imp act Impact 10. 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. 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. 11. 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 ( ) ( ) ( ) (✓) levels in the project vicinity above levels existing without the project? d) A substantial temporary • or • periodic increase in ( ) (✓) ( ) ( ) 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, ( ) ( ) ( ) (✓) 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, ( ) ( ) ( ) (7) would the project expose people residing or working in the project area to excessive noise levels? Comments: • a) The project site is not within an area of noise levels exceeding City standards according to . General Plan (Figure PS-9) at build-out. No adverse impacts expected. Exterior: • • 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 Rev. 11/2010 C,D, E, F,G - 84 • Initial Study for . City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 - • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 23 Less Than Significant Less Issues and Supporting Information Sources: Potentially With then pp g Significant Mitigation Significant Impact Incorporated Imp act Impact 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 p.m. until 7 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 p.m. and 7 a.m. in a manner which would cause a noise disturbance to residential areas. b) The uses associated with this type of project normally do not induce ground borne vibrations. As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. 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: 3) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 4) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) The perimeter block wall shall be constructed as early as possible in first phase. The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts because of the transport of construction materials and debris. The following mitigation measures shall then be required: 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a • national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic Rev. 11/2010 C,D, E, F,G - 85 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC — KAMRAN BENJI Page 24 • Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than pp g Significant Mitigation SiImpac nt No Impact Incorporated t Impact haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. e) The site is not located within an Airport Land Use Plan and is not within 2 miles of a public airport. Located approximately 6 miles northerly of the Ontario Airport and is offset north . of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 2 1/2 miles to the west of the City's westerly limits. No impact is anticipated. 12. 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? 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. Construction activities at the site will be short-term and will not attract new • employees to the area. 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 impacts are anticipated. b) The project site is vacant and designated commercial and therefore contains no existing housing units. No adverse impact expected. Because the property is vacant there will be no displacement of housing or people; therefore, no adverse impact is expected. c) The project site is commercial and is vacant land. No impacts are anticipated. Because the property is vacant there will be no displacement of housing or people; therefore, no adverse impact is expected. 13. 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? ( ) ( ) ( ) (✓) Rev. 11/2010 C,D, E, F,G - 86 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 25 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigafion Significant No Impact Incorporated Impact Impact c) Schools? () ( ) O (./) d) Parks? ( ) ( ) ( ) (V) e) Other public facilities? ( ) ( ) ( ) (1) Comments: a) The site located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue, would be served by a fire station located approximately 2 miles from 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. 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. 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. c) The site is in a developed area currently served by the Etiwanda 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. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. The nearest park is located 1/8 of a mile from 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. 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. • Rev. 11/2010 C,D, E,F,G - 87 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC — KAMRAN BENJI Page 26 • Less Than Significant Less Issues and Supporting Information Sources: Potamianr With Than PP 9 Significant Mrtigaton Significant No Impact Incorporated Impact Impact 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (✓) 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 located 1/8 of a mile from 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. b) See a) response above. 15. TRANSPORTATION/TRAFFIC. Would the project: • • a) Cause an increase in traffic, which is substantial in ( ) ( ) ( ) (✓) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ( ) ( ) ( ) (✓) service standard 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) Result in inadequate parking capacity? ( ) ( ) ( ) (✓) g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (✓) supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: • a) Implementation of the proposed project will generate 3,266 vehicle trips daily. The proposed project includes the development of a 61,800 square foot retail shopping center. Rev. 11/2010 C,D,E,F,G -88 Initial Study for City of Rancho Cucamonga • DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC — KAMRAN BENJI Page 27 Less Than Significant Less Issues and Supporting Information Sources: Potentially With Than PP 9 Significant Mitigation Significant No Impact Inoorpomted Impact Impact The Rancho Cucamonga Traffic Model estimates that each thousand square feet (TSF) will generate 52.85 trips daily. 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. b) The Rancho Cucamonga Traffic Model estimates that each thousand square feet will generate 5.5 two-way peak hour trips daily. 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. c) Located approximately 8 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. 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. e) The project will be designed to provide access for all emergency vehicles and will therefore not create an inadequate emergency access. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will, therefore, not create an inadequate parking capacity. No impacts are anticipated. g) The design of the project includes, or the project will be conditioned to provide, features • supporting transportation and vehicle trip reduction (e.g., bus bays, bicycle racks, carpool parking, etc.). Rev. 11/2010 C,D, E, F,G - 89 Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC— KAMRAN BENJI Page 28 • • Less Than Significant Less Issues and Supporting Information Sources: Potentially with Than Significant Mitigation Significant No Impact Incorporated Impact Impact 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (b') applicable Regional Water Quality Control Board? b) . Require or result in the construction of new water or ( ) ( ) ( ) (v') 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 ( ) ( ) ( ) V) 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 ( ) ( ) ( ) (') project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (') 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 ( ) ( ) ( ) N') capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (') 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 build-out 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. • 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 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. 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. The impact is not considered •significant. Rev. 11/2010 C,D, E,F,G - 90 • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 - • FOOTHILL & EAST, LLC — KAMRAN BENJI Page 29 Less Than Significant Less Issues and Supporting Information Sources: Potentially with Then Significant Mitigation Significant No Impact Incorporated _ Impact Impact 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. 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. 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. 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. Therefore, no impacts are anticipated. 17. MANDATORY FINDINGS OF SIGNIFICANCE • a) Does the project have the potential to degrade the ( ) ( ) ( ) (") 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 ( ) ( ) ( ) (") 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 ( ) ( ) ( ) (v') cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) 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. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or rare species would inhabit the site. • • 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 Rev. 11/2010 C,D, E, F,G -91 • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 — FOOTHILL & EAST, LLC — KAMRAN BENJI Page 30 • 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. 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. EARLIER ANALYSES • Earlier analyses may be used where, pursuant to the tiering, program EIR, 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 (check all that apply): (✓) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) • (✓) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (✓) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) (/) Foothill Boulevard Specific Plan EIR (SCH#87021615, certified September 16, 1987) (✓) WQMP (✓) Arborist Report- Geocon Consultants, Incorporated (August 20, 2008) • • Rev. 11/2010 C,D,E,F,G - 92 • 9o� • Initial Study for City of Rancho Cucamonga DRC2009-00842, DRC2009-00843 AND DRC2009-00562 • — FOOTHILL&EAST, LLC—KAMRAN BENJI Page 31 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 ti ation measures. Further, I have revised the project plans or proposals and/or hereby a ee to t propo d mitigation measures to avoid the effects or mitigate the effects to a point where cl dy no si nifi environmental effects would occur. I Applicant's Signatu : /\/� Date: /I(/( Print Name and Title: p is rdir.-.- • • • • Rev. 11/2010 • • C,D,E,F, & G — 93 fit . City of Rancho Cucamonga MITIGATION MONITORING 4 la w=-ic - PROGRAM Project File No.: DRC2009-00842, DRC2009-00843 & DRC2010-00562 • 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 C,D,E, F,G - 94 • Mitigation Monitoring Program DRC2009-00842, DRC2009-00843 & DRC2010-00562 — FOOTHILL & EAST, LLC 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. • • • C,D,E, F,G - 95 0 ._ rui w �v3 • c E ¢t1 00e C v�, n co 0 42 u) Z ud N N N N N loci:; 0 164t! 3 w a) it N do . . O. 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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.: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2009- 00842 - FOOTHILL & EAST LLC - KAMRAN BENJI. Public Review Period Closes: March 23, 2011 Project Name: Project Applicant: FOOTHILL& EAST LLC. Project Location (also see attached map): Located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue - APN: 1100-201-03 & 07. Project Description: A Request to construct a 61,800 square foot multi-tenant commercial center on 6.99 acres of land in the Community Commercial District (Subarea 4) of the Foothill Specific Plan. 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 23, 2011 • Date of Determination Adopted By C,D, E, F,G -106 • RESOLUTION NO. 11-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. DRC2009-00842, FOR THE DEVELOPMENT OF A 61,800 SQUARE FOOT MULTI-TENANT COMMERCIAL CENTER WITH A DRIVE-THRU LOCATED 65 FEET WEST OF THE NORTHWEST CORNER OF FOOTHILL BOULVARD AND EAST AVENUE IN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4) IN THE COMMUNITY COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF —APN's: 1100-201-03 AND 07. A. Recitals. 1. Kamran Benji filed an application for the approval of Development Review DRC2009-00842, 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 23rd day of March 2011, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on March 23, 2011, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue with a street frontage of 638 feet and lot depth of 510 feet and is presently vacant with a water facility operated by the Cucamonga Valley Water District near the northwest corner of the property. The site contains a diminished grove of Eucalyptus camaldulensis trees; and b. The property to the north of the subject site is vacant land zoned Community Commercial, the property to the south consists of multi-family residences in the Medium Residential District , the property to the west is a Southern California Edison Utility Corridor in the Open Space District and all of these properties are located within the Foothill Boulevard Specific Plan (Subarea 4), and the properties to the east are single-family residences located within the City of Fontana; and • c. The applicant has concurrently applied for a Conditional Use Permit for the development of the site with a drive-thru, a Development Code Amendment to amend the current text in Development Code Section 17.32.080 (D) (6)(c) to allow removal and replacement of the C,D, E,F,G -107 PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 2 • • grove of trees on the 6.99 acre site, a Uniform Sign program, and a Tree Removal Permit (DRC2009-00861) that will be contingent on the final approval of the Development Code Amendment (DRC2010-00562) at City Council; and d. The property is located within the Foothill Boulevard Visual Improvement Plan (VIP), which provides specific right-of-way design concepts that need to be installed as part of the project. In the General Plan and the VIP the site is considered a gateway property and provides Entry Monument designs that span the width of Foothill Boulevard; and e. The project design meets or exceeds the Foothill Boulevard Specific Plan Development standards for setbacks, building separations, and design; and f. The design and exterior materials of the winery themed shopping center includes the use of high quality plaster (stucco), decorative stone veneer, decorative metal grills, two-piece mission style tile roofing, decorative wood doors, wood trellises, and wood corbel roof supports, thereby providing 360-degree architectural treatment, a goal of the General Plan and Development Code. 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 by providing a commercial shopping center that serves the neighboring communities and provides safe • and convenient pedestrian environments and access through building orientation, site layout and traffic management; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located because the site is zoned Community Commercial within the Foothill Boulevard Specific Plan and a retail shopping center is a desirable development in this Development District; and c. The proposed use is in compliance with each of the applicable provisions of.the Development Code by meeting or exceeding the Foothill Boulevard Specific Plan Development standards for setbacks, building separations, height and design of the project; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, or materially injurious to properties or improvements in the vicinity; and e. The proposed project is consistent with the Foothill Boulevard, Route 66, Visual Improvement Plan (VIP), in that it incorporates the required design elements. 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: C,D, E, F,G -108 ,PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 3 • 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, 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 decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) This Development Review approval for DRC2009-00842 is for the site plan, exterior building design, and landscaping for the 61,800 square foot retail shopping center project at the subject site located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue. Plans submitted for plan check shall conform to the plans approved by the Design Review Committee on February 1st and 15th, 2011, and final Planning Commission approval on March 23, 2011. 2) Final project approval for Development Review DRC2009-00842 shall • be subject to City Council approval of the associated Development • Code Text (DRC2010-00562) for Section 17.32.080(D)(6)(c) of the Rancho Cucamonga Development Code, allowing the removal and replacement of the grove of trees on the subject site and the removal C,D, E,F,G -109 PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 4 • of the 20-foot wide greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park. 3) Final approval of Tree Removal Permit DRC2009-00861 shall be subject to City Council approval of the associated Development Code Text(DRC2010-00562)for Section 17.32.080(D)(6)(c)of the Rancho Cucamonga Development Code, allowing the removal and replacement of the grove of trees on the subject site and the removal of the 20-foot wide greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park. The approval will be for the removal of all 123 trees on site and replacement of those trees in a windrow fashion as indicated on the conceptual Landscape Plan. 4) All above ground backflow devices and double detector check valves shall be screened from view per the City's approved screening policy. • 5) Uniform Sign Program DRC2011-00043 is hereby approved for the future review and approval of the signs to be installed on site. 6) No exterior changes to the design of the project, including exterior materials, or site plan changes shall be permitted without prior City review and approval. • Engineering Department 1) Install Foothill Boulevard frontage improvements in accordance with City "Major Divided Highway" standards, from Cornwall Avenue to East Avenue, as required and including: a. Provide curb and gutter, sidewalk, street trees (along development frontage only), 16,000 Lumens HPSV street lights, commercial drive approaches, access ramps at intersections, R26(s)"No Stopping" signs and asphalt pavement, on the north side. Join existing improvements installed as part of Tract 16882. b. Provide 47 feet from street centerline to north curb face, except bus bay (additional 11 feet). c. Provide a westbound bus bay/right turn lane for easterly driveway and no right turn lane for westerly driveway on Foothill Boulevard. d. Revise traffic signing and striping, as required. e. Provide an "In Only" left turn lane on Foothill Boulevard at the westerly driveway. This left turn lane shall be 250 feet in length, • which may require extending median further west to centerline of the combined easements for MW D, SCE and the Gas Company C,D, E,F,G -110 • , PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 5 • to the west and east of the east site boundary. Left turn from driveway to eastbound Foothill Boulevard will not be allowed. f. Relocate existing median monument and extend pavers across the left turn lane. • g. Proposed median monument shall not exceed 5-foot 2-inches in width and must comply with the City Line of Sight criteria. h. Dedication shall be made on Foothill Boulevard, a minimum of 60 feet, measured from street centerline. Additional street right-of-way shall be dedicated along bus bay, to provide a minimum of 7 feet measured from the face of the curb. i. Easement for public sidewalks placed outside the public right-of-way shall be dedicated to the City. j. Transition the proposed curb and gutter to the modified curb return at East Avenue as much as possible within existing rights-of-way. k. Developer may request a reimbursement agreement to recover • • costs of permanent offsite improvements from future developer of the adjacent property, west of the centerline of the combined easements for MWD, SCE and the Gas Company to the west and east of the east site boundary. If the developer fails to submit for said reimbursement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 2) Modify existing traffic signal at Foothill Boulevard and East Avenue, to the satisfaction of the City Engineer. 3) Reconstruct Foothill Boulevard Median Island including landscaping and irrigation per City Drawing No. 2255-L. a. Revise Drawing. No's. 2255 and 2255-L to show the proposed median opening, median monument relocation and left turn lane with westerly median extension as needed. b. Extend the existing pavers up to the new median left turn curb. • c. Since median has been constructed by others, developer shall pay their fair share which is half the actual costs. 4) The Foothill Boulevard frontage shall be designed in accordance with the City adopted Foothill Boulevard Historic Route 66 Visual • Improvement Plan including street lights. This VIP designates trees, pedestrian crossings at intersections, featuring colored pavement emblazoned with the Route 66 logo, special sidewalk treatments, C,D, E, F,G -111 PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 6 • artwork and a historic post and a cable roadway safety barrier. Said enhancements within the parkway area shall be maintained by the developer and shall be included in the CC & R's. 5) Revise Drawing No. 2255-D to show proposed lateral and catch basin in Foothill Boulevard and junction structure for private storm drain connection. 6) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Foothill Boulevard shall be undergrounded from the first pole offsite east of East Avenue to the first pole offsite west of the westerly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. All service utility lines crossing Foothill Boulevard shall be undergrounded too. The developer cannot request a reimbursement agreement to recover one-half the City adopted cost for undergrounding, Instead the City shall provide a portion of collected monies from the developer to the south, DRC2006-00540, paid for as an in-lieu fee for future undergrounding of said overhead utilities. a. Relocation of 66KV power poles by Southern California Edison Company if necessary shall be paid for and coordinated by the developer on Foothill Boulevard and East Avenue. • 7) The development requires installation of fiber optics conduits, vaults, and manholes per City Standard Plans 135-137 on Foothill Boulevard. 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. 8) The site is located within Area 8 (modified) of the Etiwanda/San Sevaine Area Drainage Policy. Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted drainage fee (Master Plan and Regional) as well as reimbursement to other development, or the City, for over sizing of local drainage facilities as determined by the City Engineer. City fees shall be paid prior to first building permit. • a. For the Middle Etiwanda Drainage Area, the Master Plan Drainage fee is $31,380.00 per net acre. Fees are subject to periodic review and increase. b. For Drainage Area 8, the Regional Mainline Drainage fee is $7,800.00 and there is no Secondary Regional Fee. Fees are subject to periodic review and increase. • 9) Permits shall be obtained from the following agencies for work within their right-of-way, prior to issuance of building permits: Southern • California Edison Company, Southern California Gas Company and Cucamonga Valley Water District. C,D,E, F,G -112 PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 7 • a. Provide Cucamonga Valley Water District access to their property as well as Southern California Edison Company and Southern California Gas Company. 10) Provide reciprocal access easements in favor of property to the north, prior to issuance of building permits. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be • utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards • noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. • 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • C,D, E, F,G -113 PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 8 • • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PKo emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading • plans include a statement that work crews will shut off equipment when not in use. 10) Projects shall be developed under the adopted 2010 General Plan Update implementing the following measures, derived from the SCAQMD's AQMP, where feasible, in order to reduce criteria air pollutant emissions, primarily related to vehicular travel and energy. Potential measures for consideration in future projects include: • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. • Provide preferential parking to high occupancy vehicles and shuttle services. • Schedule truck deliveries and pickups during off-peak hours. • Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. • Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. • Provide lighter color roofing and road materials and tree planning • programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. C,D, E,F,G -114 . PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 9 • 11) 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). 12) All industrial and commercial facilities shall designate preferential parking for vanpools. 13) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 14) 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. 15) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 16) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 17) All new development in the City of Rancho Cucamonga shall comply • with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008, to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices(i.e.,fireplaces/hearths)in new development on or after March 9, 2009. Biological Resources 1) The removal of any Heritage Trees from the site shall require a one-to-one replacement of the trees with a similar type 15-gallon species. 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. C,D, E, F,G -115 PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 10 • • Pursue educating the public about 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 paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow • the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, • in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. • 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with C,D, E, F,G -116 . PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 11 • 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 PMip 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 PKp emissions. Hydrology and water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific • measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the •following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to 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 Madole and Associates June 14, 2010, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping Plans shall include provisions for controlling and • minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, C,D, E, F,G -117 PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 12 • including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES. General Construction Permit. Noise • 1) Prior to the issuance of any Grading Plans a construction-related Noise Mitigation Plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) 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 in which it 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 specifiedin Development Code Section 17.02.120. Monitoring at other times may be required • by the Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify C,D,E,F,G -118 . PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 13 • the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) The perimeter block wall shall be constructed as early as possible in first phase. 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips(counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: Luis Munoz, Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP,Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the . Planning Commission held on the 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • C,D, E, F,G -119 COMMUNITY DEVELOPMENT file DEPARTMENT STANDARD CONDITIONS PROJECT#: DRC2009-00842 SUBJECT: DEVELOPMENT REVIEW APPLICANT: KAMRAN BENJI LOCATION: NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 0 Completion Dab General Requirements 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents,officers,or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may,at its sole discretion,participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 11-14,Standard Conditions, _/_/_ and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / 1_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration - $ 2,094.00 X • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc C,D, E,F,G -120 Project No. DRC2009-00842 Completion Date B. Time Limits 1. Conditional Use Permit,Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Department, the conditions contained herein and the Development Code. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of / /_ Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / /_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. 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. 5: Approval of this request shall not waive compliance with all sections of the Development Code, all / /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time • of building permit issuance. 6. A detailed on-site lighting plan, including a photometric diagram,shall be reviewed and approved by / /_ the Planning Director and Police Department(477-2800)prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 7. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and / /_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 8. 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. 9. All building numbers and individual units shall be identified in a clear and concise manner, including / /_ proper illumination. 10. . All parkways,open areas,and landscaping shall be permanently maintained by the property owner, / /_ owners'association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. • 2 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc • C,D,E, F,G -121 Project No.DRC2009-00842 Completion Date D: Shopping Centers i• 1. A uniform hardscape and street furniture design including seating benches,trash receptacles,free- _/_/_ standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Department review and approval prior to the issuance of building permits. 2. Provide for the following design features in each trash enclosure,to the satisfaction of the 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. 3. Graffiti shall be removed within 72 hours. / / 4. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ debris remain for more than 24 hours. • 5. Signs shall be conveniently posted for"no overnight parking" and for"employee parking only." _/_/_ 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading, unloading, opening, closing, or _/_/_ other handling of boxes,crates,containers, building materials,garbage cans,or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Textured pavement shall be provided across circulation aisle,pedestrian walkway,and plaza. They _/_/_ shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of building permits. 8. All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be _/_/_ included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of building permits. 9. The lighting fixture design shall compliment the architectural program. It shall include the plaza _/_/_ area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. • 3 I:\PLANNING\FINAL\PLNGCOMM12011 Res & Stf Rpt1DRC2009-00842 StdCond 3-23.doc C,D,E, F,G -122 Project No.DRC2009-00842 Completion Date 10. All future projects within the shopping center shall be designed to be compatible and consistent _/�/_ with the architectural program established. 11. Cart corrals shall be provided for temporary storage. No permanent outdoor storage of shopping /111_ carts shall be permitted unless otherwise approved by the Planning Commission. The shopping carts shall be collected and stored at the approved designated place at the end of each workday. E. Building Design 1. 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. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main building / /_ colors. F. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a _/_/_ building,wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided /__ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, / /_ and exits shall be striped per City standards. 5. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more / /_ parking stalls. Designate two percent or one stall;whichever is greater,of the total number of stalls for use by the handicapped. 6. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more / /_ parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. 4 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc C,D, E,F,G -123 Project No.DRC2009-00842 Completion Date • • G. Trip Reduction 0 1. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily _/_/_ residential projects of more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces,whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide.bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 2. Transit improvements such as bus shelters, bus pullouts, and bus pads shall be provided. Bus / /_ shelters shall also include a bench, a trash receptacle, and an adjoining bike rack (minimum 3 capacity) on a concrete pad. Bus shelter shall be located outside public right-of-way and shall be privately maintained. H. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in _/_/_ the case of residential development, shall be prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in _/_/_ accordance with the Municipal Code Section 19.08.110, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's • recommendations regarding preservation, transplanting, and trimming methods. 3. A minimum of 20% of trees planted within industrial projects, and a minimum of 30% within _/_/_ commercial.and office projects,.shall be specimen size trees - 24-inch box or larger. 4. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking _/ /_ stalls. 5. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree _/_/_ per 30 linear feet of building. 6. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 _/_/ slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. . 7. For multi-family residential and non-residential development, property owners are responsible for _/_!_ the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning,fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage: 8. 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. • 5 I:\PLANNING 1 FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc C,D, E, F,G -124 Project No. DRC2009-00842 Completion Date 9. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering /_/_ sidewalks (with horizontal change), and intensified landscaping, is required along Foothill Boulevard. 10. 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. 11. Tree maintenance criteria shall be developed and submitted for Planning Director review and / /_ approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 12. New windrow planting of Eucalyptus Maculate(Spotted Gum)is required at a ratio of 50 linear feet _/_/_ per acre. The size, spacing, staking, and irrigation of these trees shall comply with the City's Tree Preservation Ordinance(RCMC 19.08.100). I. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of _/_/_ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the Planning Director in the amount of$ 557 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. J. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location / /_ of 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1. Submit five complete sets of plans including the following: / /_ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans(2 sets, detached)including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and 6 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc C,D,E,F,G -125 Project No. DRC2009-00842 N Completion Date .. g. Planning Department Project Number(i.e.,DRC2009-00842)clearly identified on the outside • of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. / /_ Architect's/Engineer's stamp and "wet' signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to / /_ the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. / / 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the _/ /_ Building and Safety Department. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be / /_ marked with the project file number(i.e., DRC2009-00842). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Department for availability of the Code Adoption Ordinance and applicable handouts. . • 2. Prior to issuance of building permits for a new commercial or industrial development project or _/_/_ major addition, the applicant shall pay development fees at the established rate. Such fees may include but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees,Construction and Demolition Diversion Program deposit and fees and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Department prior to permits issuance. • 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map _/_/_ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m.and 6:30 a.m.Monday through _/_/_ Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Department's public _/ /_ counter). M. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances _/_/_ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. _/ /_ 3. Provide draft stops in attic areas, not to exceed 3,000 square feet,in accordance with CBC Section _/ /_ 1505. 4. Exterior walls shall be constructed of the required fire rating in accordance with CBC Table 5-A _/ /_ • 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. / / 6. Upon tenant improvement plan check submittal, additional requirements may be needed. _/ /_ • • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc • C,D, E, F,G -126 • Project No. DRC2009-00842 Completion Date N. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading CO_ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / /_ • perform such work. • 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time / /_ of application for grading plan check. 4. The final grading plan, appropriate certifications and compaction reports shall be completed, / /_ submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for _/_/_ existing buildings where.improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT, (909)477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from / /_ street centerline): 60 total feet on Foothill Boulevard 2. Easements for public sidewalks placed outside the public right-of-way shall be dedicated to the _/—/_ City. 3. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 / /_ feet measured from the face of curbs. P. Street Improvements 1. Pursuant to Municipal Code Section 16.37.010, no person shall make connections from a source of _/_/_ energy, fuel or power to any building or structure which is regulated by technical codes and for which a permit is required unless, in addition to any and all other codes, regulations and ordinances, all improvements required by these conditions of development approval have been completed and accepted by the City Council, except: that in developments containing more than one building, structure or unit, the development may have energy connections made in equal proportion to the percentage of completion of all improvements required by these conditions of development approval, as determined by the City Engineer, provided that reasonable, safe and maintainable access to the property exists. In no case shall more than 95 percent of the buildings, structures or units be connected to energy sources prior to completion and acceptance of all improvements required by these conditions of development approval. 8 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc C,D, E,F,G -127 Project No.DRC2009-00842 Completion Date . 2. Construct the following perimeter street improvements including, but not limited to: / /_ • Street Name Curb& A.C. Side- Drive Street Street Comm Median Bike Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Foothill Boulevard X X (c) X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights / /_ on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a / /_ construction permit shall be obtained from the Engineering Services Department in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and / /_ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction _/_/_ project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of • BCR, ECR, or any other locations approved by the City Engineer Notes: 1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City _/_/_ Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with _/_/_ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be _/ / installed to City Standards, except for single family residential lots. h. Street names shall be approved by the Planning Director prior to submittal for first plan / /_ check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / /_ accordance with the City's street tree program. • 9 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc C,D, E, F,G -128 Project No. DRC2009-00842 Completion Date 5. Install street trees per City street tree design guidelines and standards as follows. The completed legend(box below)and construction notes shall appear on the title page of the street improvement plans. Street improvement plans shall include a line item within the construction legend stating: • "Street trees shall be installed per the notes and legend on sheet (typically sheet 1)." Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The Engineering Services Department reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. Min.Grow • Street Name Botanical Name Common Name Space Spacing Size Qty Foothill Lagerstroemia Crape Myrtly 3-feet 15' O.C. 25-inch Fill Boulevard Indica "Muskogee" Hybrid- Lavender Triangular Box In Activity Centers Spacing Foothill Prunus bilireiana NCN 3-feet 20' O.C. 15-Gal Fill Boulevard Non Activity Centers- Informal In Accent Tree Groupings Not More • Than 25% of Total frontage trees Non Activity . Plantanus London Plane 3-feet 30' O.C. 15-Gal Fill (Preferred Tree acerifolia Tree • Informal In Species) . Groupings Non Activity Plantnus California 3-feet 35-'O.C. 15-Gal Fill Centers racemosa Sycamore Informal In • (Acceptable Species) Groupings • • Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to :the City;inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. .3) All street trees are subject.to inspection and acceptance .by the Engineering Services Department. 4) Street trees are to be planted per public improvement plans only. . 6. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with / /_ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. Q. Public Maintenance Areas • 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be _/_/_ submitted to the Engineering Services Department for review and approval prior to final map approval or issuance of building permits,whichever occurs first. The following landscaped parkways, medians, paseos,easements, trails or other areas shall be annexed into the Landscape Maintenance District: Foothill Boulevard Median Island. •10 I:\PLANNING\FINAL 1PLNGCOMM\2011 Res & Stf Rpt1DRC2009-00842 StdCond 3-23.doc C,D, E,F,G -129 Project No. DRC2009-00842 Completion Date . 2. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting / /_ Districts shall be filed with the Engineering Services Department prior to final map approval or • issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 3. All required public landscaping and irrigation systems shall be continuously maintained by the _/_/ developer until accepted by the City. 4. Parkway landscaping on the following street(s) shall conform to the results of the respective _/ /_ Beautification Master Plan/Visual Improvement Plan: Foothill Boulevard. R. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map _/_/ approval or the issuance of building permits,whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the _/_/_ property from adjacent areas. • S. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, / /_ electric power,telephone,and cable TV(all underground)in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / /_ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the _/ / • Cucamonga Valley Water District(CVWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CVWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval / /_ of the final parcel map will be subject to any requirements that may be received from them. T. General Requirements and Approvals 1. The separate parcels contained within the project boundaries shall be legally combined into one _/ /_ parcel prior to issuance of building permits. 2. Permits shall be obtained from the following agencies for work within their right of-way: Southern / /_ California Edison Company, Southern California Gas Company, and Cucamonga Valley Water District. 3. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all / /_ new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. • 11 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc C,D, E, F,G -130 Project No. DRC2009-00842 Completion Date 4. Prior to the issuance of building permits,a Diversion Deposit and related administrative fees shall / a /_ • be paid for the Construction and Demolition Diversion Program. The deposit is fully refundable if at least 50% of all wastes generated during construction and demolition are diverted from landfills, • and appropriate documentation is provided to the City. Form CD-1 shall be submitted to the Engineering Services Department when the first building permit application is submitted to Building and Safety. Form CD-2 shall be submitted to the Engineering Services Department within 60 days following the completion of the construction and/or demolition project. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909)477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • U. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with _/_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. V. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. / /_ 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within / /_ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All roof openings giving access to the building shall be secured with either iron bars, metal gates,or / /_ alarmed. • W. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. _/_/_ 2. Security glazing is recommended on storefront windows to resist window smashes and impede _/_/_ entry to burglars. X. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/_/_ visibility. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED 12 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00842 StdCond 3-23.doc C,D,E,F,G -131 :t „Info- Rancho Cucamonga Fire Protection District o- do.4.v 4, c.' Fire Construction Services FIRE STANDARD CONDITIONS December 20, 2010 • Piazza Del Vino Emporia Investment LLC . NWC Foothill & East Ave. DRC2009-00842 & 843 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamonqa.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: • a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de- sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2625 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems C,D, E, F,G -132 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. • FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Commercial or industrial structures greater than 7,500 square feet. 2. Group "A" Occupancies. 3. "E" Occupancies with an occupant load of 50 or more persons. 4. All structures that do not meet Fire District access requirements (see Fire Access). 5. When required fire flow cannot be provided due to inadequate volume or pressure. 6. When the building access does not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard #9-7 7. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. The California Building Code, the RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code require a listed fire sprinkler monitoring Central Station Fire Alarm system. Plan check approval and a building permit are required Prior to the installation of the fire alarm system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Std #9-7. 1. Location of Access: All portions of the structures 1st story exterior wall shall be located within 150-feet Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas,.unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6- inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways.. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be • accordance with Fire District Standard #9-2. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection dr5i tEinfl tcc133ance must be requested from FCS. Ix. Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. • e. Manual gates must be equipped with a RCFPD lock. The lock must be purchased at the Fire Administration Office. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail- safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due to complexity of the various entry configurations. . 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and • configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard 9-9 Appendix A and drawings 9-9a and 9-9b. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits • Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Dry Cleaning Plants • Refrigeration Systems • Repair Garages • Tents, Canopies and/or Air Supported Structures LPG or Gas Fuel Vehicles in Assembly Buildings C,D, E, F,G -134 3 FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fir Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/� adopted standards. FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement — Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant — Please provide a permanent maintenance and service covenant betwee the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpos� of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or#88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: • 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the location, of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. C,D,E, F,G -135 4 All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant ' flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by • CCWD. Fire Construction Services must grant a clearance before lumber is dropped. Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance IPwith the California Fire Code. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet • from the public street, an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. C,D, E, F,G -136 3 10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact information for Fire District use in the event of an emergency at the subject building or property. This form must bill presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 'A" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • • • C,D,E, F,G -137 RESOLUTION NO. 11-15 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF • RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. DRC2009-00843, FOR THE CONSTRUCTION OF A 61,800 SQUARE FOOT MULTI-TENANT COMMERCIAL CENTER WITH A DRIVE-THRU LOCATED 65 FEET WEST OF THE NORTHWEST CORNER.OF FOOTHILL BOULVARD AND EAST AVENUE IN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4) IN THE COMMUNITY COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF—APN's: 1100-201-03 AND 07. A. Recitals. 1. Kamran Benji filed an application for the issuance of Conditional Use Permit DRC2009-00843, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 23rd day of March 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 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 March 23, 2011, including written and oral staff reports,together • with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue with a street frontage of 638 feet and lot depth of 510 feet and is presently vacant with a water facility operated by the Cucamonga Valley Water District near the northwest corner of the property and contains a diminished grove of Eucalyptus camaldulensis; and b. The property to the north of the subject site is vacant land zoned Community Commercial, the property to the south consists of multi-family residences in the Medium Residential District, the•property to the west is a Southern California Edison Utility Corridor in the Open Space District and all of these properties are located within the Foothill Boulevard Specific Plan (Subarea 4), and the properties to the east are single-family residences located within the City of Fontana; and • C,D,E, F,G -138 PLANNING COMMISSION RESOLUTION NO. 11-15 ; DRC2009-00843— KAMRAN BENJI March 23, 2011 Page 2 • c. The applicant has concurrently applied for a Development Review (DRC2009-00842) for the development/ design of the site, a Development Code Amendment (DRC2010-00562) to amend the current text in Development Code Section 17.32.080 (D)(6)(c)to allow removal and replacement of the grove of trees on the 6.99 acre site and the removal of the 20-foot wide Greenway connection near the northwest corner of the site for future connection to the Community Trail System and Miller Park, a Uniform Sign Program, and a Tree Removal Permit (DRC2009-00861) that will be contingent on the final approval of the Development Code Amendment(DRC2010-00562)at City Council; and d. The property is located with in the Foothill Boulevard Visual Improvement Plan (VIP), which provides specific right-of-way design concepts that need to be installed as part of the project. In the General Plan and the VIP the site is considered a gateway property and provides Entry Monument designs that span the width of Foothill Boulevard; and e. The project design meets or exceeds the Foothill Boulevard Specific Plan Development standards for setbacks, building separations, and design; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan by encouraging the creation of retail destinations to provide a range of amenities and high-quality development to adequately meet • the needs of the growing population base. The objectives of the Development Code and the purposes of the Development District in which the site is located are met by processing this Conditional Use Permit which is required in the Development Code. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health,safety,welfare, or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code by meeting or exceeding the Foothill Boulevard Development Districts development standards for setbacks, building separations, height and design of the project. 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. C,D, E, F,G -139 PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843— KAMRAN BENJI • March 23, 2011 • 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 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 decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. • 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) This approval is for Conditional Use Permit DRC2009-00843 for the construction a 61,800 square foot multi-tenant retail shopping center with a drive—thru on Pad A at the subject site. Plans submitted for plan check shall conform to the plans approved by the Design Review Committee on February 1st and 15th, 2011, and final Planning Commission approval on March 23, 2011. 2) No exterior changes to the design of the project, including exterior materials, or site plan changes shall be permitted without prior City review and approval. 3) Final project approval for Conditional Use Permit DRC2009-00843 shall be subject to City Council approval of the associated Development Code Text Amendment (DRC2010-00562) for Section 17.32.080(D)(6)(c) of the Rancho Cucamonga Development Code, allowing the removal and replacement of the grove of trees on the subject site and the removal of the 20-foot wide greenway connection near the northwest corner of the site for future connection • to the Community Trail System and Garcia Park. 4) Final approval of Tree Removal Permit DRC2009-00861 shall be subject to City Council approval of the associated Development Code C,D, E,F,G -140 PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843 — KAMRAN BENJI March 23, 2011 Page 4 • Text(DRC2010-00562)for Section 17.32.080(D)(6)(c)of the Rancho Cucamonga Development Code, allowing the removal and replacement of the grove of trees on the subject site and the removal of the 20-foot wide greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park. The approval will be for the removal of all 123 trees on site and replacement of those trees in a windrow fashion as indicated on the conceptual landscape plan. 5) All above ground backflow devices and double detector check valves shall be screened from view per the City's approved screening policy. 6) Uniform Sign Program DRC2011-00043 is hereby approved for the future review and approval of the signs to be installed on site. Engineering Department 1) Install Foothill Boulevard frontage improvements in accordance with City "Major Divided Highway" standards, from Cornwall Avenue to East Avenue, as required and including: a. Provide curb and gutter, sidewalk, street trees (along development frontage only), 16,000 Lumens HPSV street lights, • commercial drive approaches, access ramps at intersections, R26(s)"No Stopping" signs and asphalt pavement, on the north side. Join existing improvements installed as part of Tract 16882. b. Provide 47 feet from street centerline to north curb face, except bus bay (additional 11 feet). c. Provide a westbound bus bay/right turn lane for easterly driveway and no right turn lane for westerly driveway on Foothill Boulevard. d. Revise traffic signing and striping, as required. e. Provide an "In Only" left turn lane on Foothill Boulevard at the westerly driveway. This left turn lane shall be 250 feet in length, which may require extending median further west to centerline of the combined easements for MW D,SCE and the Gas Company to the west and east of the east site boundary. Left turn from driveway to eastbound Foothill Boulevard will not be allowed. f. Relocate existing median monument and extend pavers across the left turn lane. g. Proposed median monument shall not exceed 5-foot 2-inches in • width and must comply with the City Line of Sight criteria. C,D, E, F,G -141 PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843 — KAMRAN BENJI March 23, 2011 Page 5 • h. Dedication shall be made on Foothill Boulevard, a minimum of 60 feet, measured from street centerline. Additional street right-of-way shall be dedicated along bus bay, to provide a minimum of 7 feet measured from the face of the curb. . i. Easement for public sidewalks placed outside the public right-of-way shall be dedicated to the City. j. Transition the proposed curb and gutter to the modified curb return at East Avenue as much as possible within existing rights-of-way. k. Developer may request a reimbursement agreement to recover • costs of permanent offsite improvements from future developer of the adjacent property, west of the centerline of the combined easements for MWD, SCE and the Gas Company to the west and east of the east site boundary. If the developer fails to submit for said reimbursement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. • 2) Modify existing traffic signal at Foothill Boulevard and East Avenue, to • the satisfaction of the City Engineer. 3) Reconstruct Foothill Boulevard Median Island including landscaping and irrigation per City Drawing No. 2255-L. a. Revise Drawing. No's. 2255 and 2255-L to show the proposed median opening, median monument relocation and left turn lane with westerly median extension as needed. b. Extend the existing pavers up to the new median left turn curb. c. Since median has been constructed by others, developer shall pay their fair share which is half the actual costs. 4) The Foothill Boulevard frontage shall be designed in accordance with the City adopted Foothill Boulevard Historic Route 66 Visual Improvement Plan including street lights. This VIP designates trees, pedestrian crossings at intersections, featuring colored pavement - emblazoned with the Route 66 logo, special sidewalk treatments, artwork and a historic post and a cable roadway safety barrier. Said enhancements within the parkway area shall be maintained by the developer and shall be included in the CC & R's. 5) Revise Drawing No. 2255-D to show proposed lateral and catch basin in Foothill Boulevard and junction structure for private storm drain • connection. C,D, E, F,G -142 • PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843 — KAMRAN BENJI March 23, 2011 Page 6 • 6) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Foothill Boulevard shall be undergrounded from the first pole offsite east of East Avenue to the first pole offsite west of the westerly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. All • service utility lines crossing Foothill Boulevard shall be undergrounded too. The developer cannot request a reimbursement agreement to recover one-half the City adopted cost for undergrounding, Instead the City shall provide a portion of collected monies from the developer to the south, DRC2006-00540, paid for as an in-lieu fee for future undergrounding of said overhead utilities. a. Relocation of 66KV power poles by Southern California Edison Company if necessary shall be paid for and coordinated by the developer on Foothill Boulevard and East Avenue. :7) The development requires installation of fiber optics conduits, vaults, and manholes per City Standard Plans 135-137 on Foothill Boulevard. 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. 8) The site is located within Area 8 (modified) of the • Etiwanda/San Sevaine Area Drainage Policy. Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted drainage fee (Master Plan and Regional) as well as reimbursement to other development, or the City, for over sizing of local drainage facilities as determined by the City Engineer. City fees shall be paid prior to first building permit. a. For the Middle Etiwanda Drainage Area, the Master Plan • Drainage fee is $31,380.00 per net acre. Fees are subject to periodic review and increase. b. For Drainage Area 8, the Regional Mainline Drainage fee is $7,800.00 and there is no Secondary Regional Fee. Fees are subject to periodic review and increase. 9) Permits shall be obtained from the following agencies for work within their right-of-way, prior to issuance of building permits: Southern California Edison Company, Southern California Gas Company and Cucamonga Valley Water District. a. Provide Cucamonga Valley Water District access to their property as well as Southern California Edison Company and Southern California Gas Company. 10) Provide reciprocal access easements in favor of property to the north, • prior to issuance of building permits. C,D, E,F,G -143 • PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843— KAMRAN BENJI • March 23, 2011 Page 7 • Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. • 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. C,D, E, F,G -144 PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843 — KAMRAN BENJI March 23, 2011 Page 8 • • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) Projects shall be developed under the adopted 2010 General Plan Update implementing the following measures, derived from the SCAQMD's AQMP, where feasible, in order to reduce criteria air pollutant emissions, primarily related to vehicular travel and energy. • Potential measures for consideration in future projects include: • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. • Provide preferential parking to high occupancy vehicles and shuttle services. • Schedule truck deliveries and pickups during off-peak hours. • Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. • Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. • Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 11) 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). 12) All industrial and commercial facilities shall designate preferential • parking for vanpools. C,D,E,F,G -145 PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843— KAMRAN BENJI March 23, 2011 • Page 9 13) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 14) 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. 15) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 16) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 17) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008, to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices(i.e.,fireplaces/hearths)in new development on or after March 9, 2009. • Biological Resources 1) The removal of any Heritage Trees from the site shall require a one-to-one replacement of the trees with a similar type 15-gallon species. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • • Propose mitigation measures and recommend Conditions of Approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. C,D, E,F,G -146 PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843 — KAMRAN BENJI March 23, 2011 Page 10 • • Prepare a technical resources management report,documenting the inventory: evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e., plant, or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate,the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, • the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository(i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o 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. C,D,E, F,G -147 • PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843— KAMRAN BENJI March 23, 2011 Page 11 • 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or • off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to 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 Madole and Associates June 14, 2010, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping Plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. • 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce C,D,E,F,G -148 • PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843 — KAMRAN BENJI March 23, 2011 Page 12 • 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 Dischargers 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 in which it 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 Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) The perimeter block wall shall be constructed as early as possible in first phase. • 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any C,D, E,F,G -149 PLANNING COMMISSION RESOLUTION NO. 11-15 DRC2009-00843 — KAMRAN BENJI . March 23, 2011 • Page 13 • 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 23RD DAY OF MARCH 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary • I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • C,D, E,F,G -150 COMMUNITY DEVELOPMENT DEPARTMENT . STANDARD CONDITIONS PROJECT #: DRC2009-00843 SUBJECT: CONDITIONAL USE PERMIT APPLICANT: KAMRAN BENJI LOCATION: NORTHWEST CORNER OF FOOTHILL BOULEVARD AND EAST AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its _/_/_ agents,officers, or employees, because of the issuance of such approval,or in the alternative,to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No. 11-15, Standard / /_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The / /_ project planner will confirm which fees apply to this project. All checks are to be made payable to the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary prior to the Planning Commission or Planning Director hearing: a) Mitigated Negative Declaration - $ 2,094.00 X • SC-12-08 1 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc C,D, E, F,G -151 Project No.DRC2009-00843 Completion Date B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if _/_/ • building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include _/_/_ site plans, architectural elevations, exterior materials and colors,landscaping,sign program,and • grading on file in the Planning Department, the conditions contained herein and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions / /_ of Approval shall be completed to the satisfaction of the Planning Director. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and _/_/_ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. 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. 5. Approval of this request shall not waive compliance with all sections of the Development Code,all / /_ other applicable City Ordinances, and applicable Community or Specific Plans in effect at the • time of building permit issuance. 6. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved _/_/_ by the Planning Director and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 7. Trash receptacle(s)are required and shall meet City standards. The final design, locations, and _/_/_ the number of trash receptacles shall be subject to Planning Director review and approval prior to the issuance of building permits. 8. 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. 9. All building numbers and individual units shall be identified in a clear and concise manner, /_/_ including proper illumination. 10. All parkways, open areas, and landscaping shall be permanently maintained by the property / / owner, owners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Planning Director and Engineering Services Department review and approved prior to the issuance of building permits. 2 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc C,D,E, F,G -152 Project No.DRC2009-00843 Completion Date D. Shopping Centers • 1. A uniform hardscape and street furniture design including seating benches, trash receptacles, _/_/ free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Department review and approval prior to the issuance of building permits. 2. Provide for the following design features in each trash enclosure, to the satisfaction of the _/_/_ 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 _/_/_ tobe hidden from view. 3. Graffiti shall be removed within 72 hours. / / 4. The entire site shall be kept free from trash and debris at all times and in no event shall trash and _/_/_ debris remain for more than 24 hours. • 5. Signs shall be conveniently posted for"no overnight parking" and for "employee parking only." /_/_ 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an _/_/_ exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading-No person shall cause the loading,unloading,opening, closing,or _/_/_ other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m.and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. / /_ They shall be of brick/tile pavers, exposed aggregate, integral color concrete,or any combination thereof. Full samples shall be submitted for Planning Director review and approval prior to the issuance of building permits. 8. All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be / /_ included in the landscape and irrigation plans to be submitted for Planning Department approval prior to the issuance of building permits. 9. The lighting fixture design shall compliment the architectural program. It shall include the plaza /_/_ area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. • 3 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc C,D, E, F,G -153 • Project No.DRC2009-00843 Completion Date 10. All future projects within the shopping center shall be designed to be compatible and consistent / /_ with the architectural program established. 11. Cart corrals shall be provided for temporary storage. No permanent outdoor storage of shopping / / carts shall be permitted unless otherwise approved by the Planning Commission. The shopping carts shall be collected and stored at the approved designated place at the end of each workday. E. Building Design 1. 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. 2. For commercial and industrial projects, paint roll-up doors and service doors to match main _/_/_ building colors. F. Parking and.Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts _/_/_ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. • 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall _/_/_ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided _/_/_ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, _/_/_ and exits shall be striped per City standards. 5. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls. Designate two percent or one stall; whichever is greater, of the total number of stalls for use by the handicapped. 6. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more _/_/_ parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. • G. Trip Reduction 1. Transit improvements such as bus shelters, bus pullouts, and bus pads shall be provided. Bus /_/_ shelters shall also include a bench, a trash receptacle, and an adjoining bike rack(minimum 3 capacity)on a concrete pad. Bus shelter shall be located outside public right-of-way and shall be privately maintained. 4 • I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc C,D, E, F,G -154 Project No. DRC2009-00843 Completion Date A. Landscaping • 1. A detailed landscape and irrigation plan, including slope planting and landscaping, shall be _/_/_ prepared by a licensed landscape architect and submitted for Planning Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. Existing trees required to be preserved in place shall be protected with a construction barrier in _/ /_ accordance with the Municipal Code Section 19.08.110,and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. _/_/_ These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings,with _/_/_ direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. • J. Security Hardware • 1. A secondary locking device shall be installed on all sliding glass doors. / /_ 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within _/_/ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All roof openings giving access to the building shall be secured with either iron bars, metal gates, _/_/ or alarmed. K. Windows 1. Storefront windows shall be visible to passing pedestrians and traffic. / / 2. Security glazing is recommended on storefront windows to resist window smashes and impede _/ /_ entry to burglars. L. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime _/ /_ visibility. APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED • 5 I:\PLANNING\FINAL\PLNGCOMM\2011 Res & Stf Rpt\DRC2009-00843 StdCond 3-23.doc C,D, E, F,G -155 `,�zsog ®� Rancho Cucamonga Fire Protection District 43' `�5 +"3' c ,. Fire Construction Services FIRE, STANDARD CONDITIONS December 20, 2010 Piazza Del Vino Emporia Investment LLC NWC Foothill & East Ave. DRC2009-00842 & 843 THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT The RCFPD Procedures & Standards which are referenced in this document can be access on the web at http://www.ci.rancho-cucamonga.ca.us/fire/index.htm under the Fire Safety Division & Fire Construction Services section. Search by article; the preceding number of the standard refers to the article. Chose the appropriate article number then a drop down menu will appear, select the corresponding standard. FSC-1 Public and Private Water Supply 1. Design guidelines for Fire Hydrants: The following provides design guidelines for the spacing and location of fire hydrants: a. The maximum distance between fire hydrants in commercial/industrial projects is 300-feet. No portion • of the exterior wall shall be located more than 150-feet from an approved fire hydrant. For cul-de-sacs, the distance shall not exceed 100-feet. b. The preferred locations for fire hydrants are: 1. At the entrance(s) to a commercial, industrial or residential project from the public roadways. 2. At intersections. 3. On the right side of the street, whenever practical and possible. • 4. As required by the Fire Safety Division to meet operational needs of the Fire District. 5. A minimum of forty-feet (40') from any building. c. If any portion of a facility or building is located more than 150-feet from a public fire hydrant measured on an approved route around the exterior of the facility or building, additional private or public fire hydrants and mains capable of supplying the required fire flow shall be provided. d. Provide one fire hydrant for each 1000 gpm of required fire flow or fraction thereof. FSC-2 Fire Flow 1. The required minimum fire flow for this project, when automatic fire sprinklers are installed is 2625 gallons per minute at a minimum residual pressure of 20-pounds per square inch. This flow reflects a 50-percent reduction for the installation of an approved automatic fire sprinkler system in accordance with NFPA 13 with central station monitoring. This requirement is made in accordance with the California Fire Code Appendix III-A, as adopted by the Fire District Ordinances. 3. Public fire hydrants located within a 500-foot radius of the proposed project may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 4. Fire protection water plans are required for all projects that must extend the existing water supply to or onto the site. Building permits will not be issued until fire protection water plans are approved. • On all site plans to be submitted for review, show all fire hydrants located within 600-feet of the proposed project site. FSC-3 Prerequisite for submittal of Overhead Automatic Fire Sprinkler Systems C,D, E,F,G -156 1. Prior to submitting plans for an overhead automatic fire sprinkler system, the applicant shall submit plans, specifications and calculations for the fire sprinkler system underground supply piping. Approval of the underground supply piping system must be obtained prior to submitting the overhead fire sprinkler system plans. • FSC-4 Requirements for Automatic Fire Sprinkler Systems Rancho Cucamonga Fire District Ordinance 15, the 2001 California Fire Code and/or any other applicable standards require an approved automatic fire sprinkler system to be installed in: 1. Commercial or industrial structures greater than 7,500 square feet. 2. Group "A" Occupancies. 3. "E" Occupancies with an occupant load of 50 or more persons. 4. All structures that do not meet Fire District access requirements (see Fire Access). 5. When required fire flow cannot be provided due to inadequate volume or pressure. 6. When the building access does not meet the requirements of the 2001 California Building Code and the RCFPD Fire Department Access - Fire Lane Standard #9-7 7. When any applicable code or standard requires the structure to be sprinklered. FSC-5 Fire Alarm System 1. The California Building Code, the RCFPD Fire Alarm Standard #10-6 and/or the California Fire Code require a listed fire sprinkler monitoring Central Station Fire Alarm system. Plan check approval and a building permit are required Prior to the installation of the fire alarm system. Plans and specifications shall be submitted to Fire Construction Services in accordance with RCFPD Fire Alarm Standard #10-6. FSC-6 Fire District Site Access Fire District access roadways include public roads, streets and highways, as well as private roads, streets drive aisles and/or designated fire lanes. Please reference the RCFPD Fire Department Access Roadways Std #9-7. 1. Location of Access: All portions of the structures lst story exterior wall shall be located within 150-feet Fire District vehicle access, measure on an approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are deemed obstructions. 2. Specifications for private Fire District access roadways per the RCFPD Standards are: a. The minimum unobstructed width is 26-feet. b. The maximum inside turn radius shall be 24-feet. c. The minimum outside turn radius shall be 50-feet. d. The minimum radius for cul-de-sacs is 45-feet. e. The minimum vertical clearance is 14-feet, 6-inches. f. At any private entry median, the minimum width of traffic lanes shall be 20-feet on each side. g. The angle of departure and approach shall not exceed 9-degrees or 20 percent. h. The maximum grade of the driving surface shall not exceed 12%. i. Support a minimum load of 70,000 pounds gross vehicle weight (GVW). j. Trees and shrubs planted adjacent to the fire lane shall be kept trimmed to a minimum of 14-feet, 6- inches from the ground up. Vegetation shall not be allowed to obstruct Fire Department apparatus. 3. Access Doorways: Approved doorways, accessible without the use of a ladder, shall be provided as follows: a. In buildings without high-piled storage, access shall be provided in accordance with the 2001 California Building Code, Fire and/or any other applicable standards. b. In buildings with high-piled storage access doors shall be provided in each 100 lineal feet or major fraction thereof, of the exterior wall that faces the required access roadways. When railways are installed provisions shall be made to maintain Fire District access to all required openings. 4. Access Walkways: Hardscaped access walkways shall be provided from the fire apparatus access road to all required building exterior openings. 5. Commercial/Industrial Gates: Any gate installed across a Fire Department access road shall be . accordance with Fire District Standard #9-2. The following design requirements apply: a. Prior to the fabrication and installation of the gates, plans are required to be submitted to Fire Construction Services (FCS) for approval. Upon the completion of the installation and before placing the gates in service, inspection and final acceptance must be requested from FCS. C,D,E, F,G -157 L b,, Gates must slide open horizontally or swing inward. c. Gates may be motorized or manual. . d. When fully open, the minimum clearance dimension of drive access shall be 20 feet. e. Manual gates must be equipped with a RCFPD lock. The lock must be purchased at the Fire • Administration Office. f. Motorized gates must open at the rate of one-foot per second. g. The motorized gate actuation mechanism must be equipped with a manual override device and a fail- safe or battery backup feature to open the gate or release the locking Mechanism in case of power failure or mechanical malfunction. h. Motorized gates shall be equipped with a Knox override key switch. The switch must be installed outside the gate in a visible and unobstructed location. i. For motorized gates, a traffic loop device must be installed to allow exiting from the complex. j. If traffic pre-emption devices (TPD) are to be installed, the device, location and operation must be approved by the Fire Chief prior to installation. Bi-directional or multiple sensors may be required due • to complexity of the various entry configurations. 7. Fire Lane Identification: Red curbing and/or signage shall identify the fire lanes. A site plan illustrating the proposed delineation that meets the minimum Fire District standards shall be included in the architectural plans submitted to B&S for approval. 8. Approved Fire Department Access: Any approved mitigation measures must be clearly noted on the site plan. A copy of the approved Alternative Method application, if applicable, must be reproduced on the architectural plans submitted to B&S for plan review. 6. Roof Access: There shall be a means of fire department access from the exterior walls of the buildings on to the roofs of all commercial, industrial and multi-family residential structures with roofs less than 75' above the level of the fire access road. a. This access must be reachable by either fire department ground ladders or by an aerial ladder. b. A minimum of one ladder point with a fixed ladder shall be provided in buildings with construction features, or high parapets that inhibit roof access. c. The number of ladder points may be required to be increased, depending on the building size and • configuration. d. Regardless of the parapet height or construction features the approved ladder point shall be identified in accordance to the roof access standard. e. Where the entire roof access is restricted by high parapet walls or other obstructions, a permanently mounted access ladder is required. f. Multiple access ladders may be required for larger buildings. g. Ladder construction must be in accordance with the RCFPD Roof Access Standard 9-9 Appendix A and drawings 9-9a and 9-9b. h. A site plan showing the locations of the roof ladder shall be submitted during plan check. i. Ladder points shall face a fire access roadway(s). FSC-10 Occupancy and Hazard Control Permits Listed are those Fire Code permits commonly associated with the business operations and/or building construction. Plan check submittal is required with the permit application for approval of the permit; field inspection is required prior to permit issuance. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. • Candles and open flames in public assemblies • Compressed Gases • Public Assembly • Dry Cleaning Plants • Refrigeration Systems • Repair Garages Tents, Canopies and/or Air Supported Structures LPG or Gas Fuel Vehicles in Assembly Buildings C,D,E, F,G -158 FSC-12 Hazardous Materials - Submittal to Fire Construction Services Plans shall be submitted and approved prior to construction of buildings and/or the installation of equipment designed to store, use or dispense hazardous materials in accordance with the 2001 California Building, Fire Mechanical, Plumbing, Electrical Codes, RCFPD Ordinances FD15 and FD39 and other implemented and/c. adopted standards. • FSC-13 Alternate Method Application Fire Construction Services staff and the Fire Marshal will review all requests for alternate method, when submitted. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents and payment of the $92 review fee. FCS-14 Map Recordation 1. RECIPROCAL AGREEMENTS for Fire Department Emergency Access and Water Supply are required on this project. The project appears to be located on a property that is being subdivided. The reciprocal agreement is required to be recorded between property owners and the Fire District. The recorded agreement shall include a copy of the site plan. The Fire Construction Services shall approve the agreement, prior to recordation. The agreement shall be recorded with the County of San Bernardino, Recorders Office. Reciprocal access agreement — Please provide a permanent access agreement between the owners granting irrevocable and a non-exclusive easement, favoring the Fire District to gain access to the subject property. The agreement shall include a statement that no obstruction, gate, fence, building or other structure shall be placed within the dedicated access, without Fire Department approval. The agreement shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. Reciprocal water covenant — Please provide a permanent maintenance and service covenant betwee the owners granting an irrevocable and non-exclusive easement, favoring the Fire District for the purpos of accessing and maintaining the private water mains, valves and fire hydrants (fire protection systems facilities in general). The covenant shall have provisions for emergency situations and the assessing of cost recovery to the property by the fire District. FCS-15 Annexation of the parcel map: Annexation of the parcel map into the Community Facilities District #85-1 or#88-1 is required prior to the issuance of grading or building permits. Chronological Summary of RCFPD Standard Conditions PRIOR TO ISSUANCE OF BUILDING PERMITS — Please complete the following prior to the issuance of any building permits: • 1. Private Water Supply (Fire) Systems: The applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District Standards. Approval of the on-site (private) fire underground and water plans is required prior to any building permit issuance for any structure on the site. Private on-site combination domestic and fire supply system must be designed in accordance with RCFPD Standards # 9-4, #10-2 and #10-4. The Building & Safety Division and Fire Construction Services will perform plan checks and inspections. All private on-site fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. Fire construction Services will inspect the installation, witness hydrant flushing and grant a clearance before lumber is dropped. 2. Public Water Supply (Domestic/Fire) Systems: The applicant shall submit a plan showing the locatior. of all new public fire hydrants for the review and approval by the Fire District and CCWD. On the plan, show all existing fire hydrants within a 600-foot radius of the project. Please reference the RCFPD Water Plan Submittal Procedure Standard. C,D, E, F,G -159 -t All required public fire hydrants shall be installed, flushed and operable prior to delivering any combustible framing materials to the site. CCWD personnel shall inspect the installation and witness the hydrant . flushing. Fire Construction Services shall inspect the site after acceptance of the public water system by CCWD. Fire Construction Services must grant a clearance before lumber is dropped. • Construction Access: The access roads must be paved in accordance with all the requirements of the RCFPD Fire Lane Standard #9-7. All temporary utilities over access roads must be installed at least 14' 6" above the finished surface of the road. 4. Fire Flow: A current fire flow letter from CCWD must be received. The applicant is responsible for obtaining the fire flow information from CCWD and submitting the letter to Fire Construction Services. 5. Easements and Reciprocal Agreements: All easements and agreements must be recorded with the County of San Bernardino. PRIOR TO THE RELEASE OF TEMPORARY POWER • The building construction must be substantially completed in accordance with Fire Construction Services' "Temporary Power Release Checklist and Procedures". PRIOR TO OCCUPANCY OR FINAL INSPECTION — Please complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with the City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers". On private property, the markers shall be installed at the centerline of the fire access road, at each hydrant location. 2. Private Fire Hydrants: For the purpose of final acceptance, a licensed sprinkler contractor, in the presence of Fire Construction Services, shall conduct a test of the most hydraulically remote on-site fire hydrants. The underground fire line contractor, developer and/or owner are responsible for hiring the company to perform the test. A final test report shall be submitted to Fire Construction Services verifying the fire flow available. The fire flow available must meet or exceed the required fire flow in accordance • with the California Fire Code. Fire Sprinkler System: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 4. Fire Sprinkler Monitoring: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler monitoring system must be tested and accepted by Fire Construction Services. The fire sprinkler monitoring system shall be installed, tested and operational immediately following the completion of the fire sprinkler system (subject to the release of power). 5. Fire Suppression Systems and/or other special hazard protection systems shall be inspected, tested and accepted by Fire Construction Services before occupancy is granted and/or equipment is placed in service. 6. Fire Alarm System: Prior to the issuance of a Certificate of Occupancy, the fire alarm system shall be installed, inspected, tested and accepted by Fire Construction Services. 7. Access Control Gates: Prior to the issuance of a Certificate of Occupancy, vehicular gates must be inspected, tested and accepted in accordance with RCFPD Standards #9-1 or #9-2 by Fire Construction Services. 8. Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire access roadways must be installed in accordance with the approved plans and acceptable to Fire Construction Services. The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and contain an approved fire access roadway map with provisions that prohibit parking, specify the method of enforcement and identifies who is responsible for the required annual inspections and the maintenance of all required fire access roadways. 9. Address: Prior to the issuance of a Certificate of Occupancy, commercial/industrial and multi-family buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness. When the building setback exceeds 200 feet • from the public street, an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. Larger address numbers will be required on buildings located on wide streets or built with large setbacks in multi-tenant commercial and industrial buildings. The suite designation numbers and/or letters shall be provided on the front and back of all suites. C,D,E, F,G -160 10. Hazardous Materials: The applicant must obtain inspection and acceptance by Fire Construction Services. 11. Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" form. This form provides contact informatio for Fire District use in the event of an emergency at the subject building or property. This form must presented to the Fire Construction Services Inspector. 12. Mapping Site Plan: Prior to the issuance of a Certificate of Occupancy, a 8 '/" x 11" or 11" x 17" site plan of the site in accordance with RCFPD Standard #13-1 shall be revised by the applicant to reflect the actual location of all devices and building features as required in the standard. The site plan must be reviewed and accepted by the Fire Inspector. • • • • • C,D, E, F,G -161 v RESOLUTION NO.11-16 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2010-00562,A REQUEST TO AMEND THE TEXT IN DEVELOPMENT CODE SECTION 17.32.080 (D)(6)(C)TO ALLOW FOR THE REMOVAL AND REPLACEMENT OF THE • GROVE OF TREES AND THE REMOVAL OF THE 20-FOOT WIDE GREENWAY CONNECTION NEAR THE NORTHWEST CORNER OF THE SITE FOR FUTURE CONNECTION TO THE COMMUNITY TRAIL SYSTEM AND GARCIA PARK FOR THE PROJECT SITE AREA AT THE NORTHWEST CORNER OF FOOTHIL BOULEVARD AND EAST AVENUE WITHIN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4)OF THE COMMUNITY COMMERCIAL DISTRICTS; AND MAKING FINDINGS IN SUPPORT THEREOF — APN's: 1100-201-03 AND 07. A. Recitals. 1. Kamran Benji filed an application for Development Code Amendment DRC2010-00562, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 23rd day of March 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing • on that date. 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 March 23,2011, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the 6.99 acre site located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue within the City; and b. The proposed amendment will not have a significant impact on the environment as a mitigation measure has been put in place to require the replacement of any Heritage Trees removed from the site on a one-to-one basis with a similar type species of tree; and c. The proposed text amendment to the Development Code to allow the removal of the trees on the subject property located at the northeast corner of Foothill Boulevard and • East Avenue will only affect the trees on this property and the Code is specific to the location of the trees that are required to be preserved; and C,D, E,F,G -162 PLANNING COMMISSION RESOLUTION NO.11-16 DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 2 • d. The proposed text amendment to the Development Code to allow the removal of the grove of trees on the subject site and the removal of the 20-foot wide Greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park will not have a significant impact on the environment as a mitigation measure has been put in place to require the replacement of any Heritage Trees removed from the site on a one-to-one basis with a similar type species of tree,and the future Community Trail north of the project site will provide adequate pedestrian connections to East Avenue, Foothill Boulevard and Garcia Park. 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. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development,within the district, in a manner consistent with the General Plan and with related development; and b. This amendment does promote the goals and objectives of the Development Code by still preserving the look of the grove on site by requiring a one-to-one replacement of the trees protected under the City's Tree Ordinance and as part of the new development,the requirement for them to be planted as a grove or windrow in keeping with the City's heritage of Eucalyptus windrows; and c. The proposed amendment will not be detrimental to the public health, safety, • welfare, or materially injurious to properties or improvements in the vicinity as this will allow for the development of this site and the removal of all the diseased and dead trees that are currently on the site; and d. The subject application is consistent with the objectives the Development Code as the addition of these trees along with the trees that are required for a commercial development will exceed the required number; and e. The proposed amendment is in conformance with the General Plan as the replanting of these Eucalyptus trees on the site will allow the natural aesthetic resource to continue to help define the community and site character. These trees will also in time provide a windbreak for the proposed shopping center and its guests. Further, the proposed text amendment to the Development Code to allow the removal of the grove of trees on the subject site and the removal of the 20-foot wide greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park will not have a significant impact on the environment as a mitigation measure has been put in place to require the replacement of any Heritage Trees removed from the site on a one-to-one basis with a similar type species of tree, and the future Community Trail north of the project site will provide adequate pedestrian connections to East Avenue, Foothill Boulevard and Garcia Park. 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 that 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: C,D,E,F,G -163 PLANNING COMMISSION RESOLUTION NO.11-16 DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 3 • 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, the Planning Commission hereby recommends that the City Council 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 recommends that 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 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 recommends approval of Development Code Amendment DRC2010-00562 to amend Section 17.32.080(D)(6)(c)by adoption of the Draft City Council Ordinance and Exhibit A of the Draft City Council Ordinance, subject to each and every condition set forth below, attached hereto and incorporated herein by this reference. • Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit • Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for C,D, E, F,G -164 PLANNING COMMISSION RESOLUTION NO.11-16 • DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 4 • the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • Schedule activities to minimize the amounts of exposed • excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB)) daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. • C,D, E, F,G -165 ,PLANNING COMMISSION RESOLUTION NO.11-16 DRC2010-00562- KAMRAN BENJI • March 23, 2011 Page 5 • 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) Projects shall be developed under the adopted 2010 General Plan Update implementing the following measures, derived from the SCAQMD's AQMP, where feasible, in order to reduce criteria air pollutant emissions, primarily related to vehicular travel and energy. Potential measures for consideration in future projects include: • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. • Provide preferential parking to high occupancy vehicles and shuttle services. • Schedule truck deliveries and pickups during off-peak hours. • Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. • • Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. • Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 11) 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). 12) All industrial and commercial facilities shall designate preferential parking for vanpools. 13) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 14) 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. 15) All residential and commercial structures shall be required to • incorporate high-efficiency/low-polluting heating, •air conditioning, appliances, and water heaters. C,D,E, F,G -166 PLANNING COMMISSION RESOLUTION NO.11-16 • DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 6 • 16) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 17) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008, to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices (i.e. fireplaces/hearths)in new development on or after March 9, 2009. Biological Resources 1) The removal of any Heritage Trees from the site shall require a one-to-one replacement of the trees with a similar type 15-gallon species. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from • demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme.or focal point. • Pursue educating the public about the archaeological heritage of the area. • 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 paleontologist shall submit a report of findings that will also provide C,D,E,F,G -167 PLANNING COMMISSION RESOLUTION NO.11-16 DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 7 • specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has . completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. • Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. • Hydrology and water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to 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. C,D, E, F,G -168 PLANNING COMMISSION RESOLUTION NO.11-16 . DRC2010-00562- KAMRAN BENJI • March 23, 2011 Page 8 • 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to 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 Madole and Associates June 14, 2010, to reduce pollutants after construction entering the • storm drain system to the maximum extent practical. 6) Landscaping plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, • including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the guidelines for new development and redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of • the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. C,D, E,F,G -169 PLANNING COMMISSION RESOLUTION NO.11-16 DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 9 • 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 in which it 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 Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) The perimeter block wall shall be constructed as early as possible in first phase. 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips(counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. • C,D, E,F,G -170 PLANNING COMMISSION RESOLUTION NO.11-16 DRC2010-00562- KAMRAN BENJI March 23, 2011 Page 10 • 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: • ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: • • C,D,E, F,G -171 ORDINANCE NO. • AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2010-00562, A REQUEST TO AMEND THE TEXT IN DEVELOPMENT CODE SECTION 17.32.080 (D)(6)(C) TO ALLOW FOR THE REMOVAL AND REPLACEMENT OF THE GROVE OF TREES AND THE REMOVAL OF THE 20 FOOT WIDE GREENWAY CONNECTION NEAR THE • NORTHWEST CORNER OF THE SITE FOR FUTURE CONNECTION TO THE COMMUNITY TRAIL SYSTEM AND GARCIA PARK FOR THE PROJECT SITE AREA AT THE NORTHWEST CORNER OF• FOOTHILL BOULEVARD AND EAST AVENUE WITHIN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4) OF THE COMMUNITY COMMERCIAL DISTRICTS; AND MAKING FINDINGS IN SUPPORT THEREOF—APN's: 1100-201-03 AND 07. A. Recitals. 1. On March 23, 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment DRC2010-00562 and, following the conclusion thereof, adopted its Resolution No. 11-16, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code text amendment. • 2. On , 2011, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the Development Code text amendment. 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 , 2011, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to section 17.32.080 (D)(6)(c) of the Development Code; and b. The proposed Development Code text amendment would only affect the property located at the northwest corner of Foothill Boulevard and East Avenue within the Community Commercial District of (Subarea 4) of the Foothill Boulevard Districts, which was adopted into the Development Code within the City of Rancho Cucamonga; and • c. The application would allow the removal of the grove of trees at this location and require the replacement of the trees at a ratio of one-to-one and replant them in a manner as to create a new windrow or grove of trees; and C,D, E, F,G -172 CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2010-00562 — KAMRAN BENJI **** 2011 Page 2 • d. The proposed text amendment to the Development Code to allow the removal of the grove of trees on the subject site and the removal of the 20-foot wide Greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park will not have a significant impact on the environment as a mitigation measure has been put in place to require the replacement of any Heritage Trees removed from the site on a one-to-one basis with a similar type species of tree, and the future Community Trail north of the project site will provide adequate pedestrian connections to East Avenue, Foothill Boulevard and Garcia Park. SECTION 3: Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act (CEQA) and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that, with the imposition of mitigation measures, there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a • Mitigated Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration. b. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration and, based on the whole record before it, finds: (i) that the Mitigated Negative Declaration was prepared in compliance with CEQA; and (ii) that, based on the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Mitigated Negative Declaration. c. The City Council has also reviewed and considered the Mitigation Monitoring Program for the project that has been prepared pursuant to the requirements of Public Resources 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. • C,D, E, F,G -173 CITY COUNCIL ORDINANCE NO. DEVELOPMENT CODE AMENDMENT DRC2010-00562 — KAMRAN BENJI **** 2011 • Page 3 SECTION 4: Based upon the substantial evidence presented to this Council during the above referenced public hearing and upon the specific findings and conclusions set forth in Sections 1, 2, and 3 above, this Council hereby approves Development Code Amendment DRC2010-00562 as follows: SECTION 5: Section 17.32.080 (D)(6)(c) of the Development Code, is hereby amended to read, in words, as shown in the attached Exhibit A. SECTION 6: 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. SECTION 7: 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. • 4. The Secretary to this Commission shall certify to the adoption of this Ordinance. • • • • • C,D,E, F,6 -174 • 0 Section 17.32.080-D-6-c is hereby amended to read as follows (new text in bold and deleted text in strikethrough: Northwest Corner of Foothill Boulevard and East Avenue. This site has been selected for a Neighborhood Commercial use with specific intent to allow for partial preservation of the existing Eucalyptus grove. The Site Plan for such use shall incorporate as many existing trees as possible, or remove the existing trees with the approval of a Tree Removal Permit for the trees that meet the requirements of the Tree Preservation Ordinance and replace them at a ratio of one to one, in a manner that gives the appearance of a grove of trees or windrows. These trees shall be maintained at all times. but not low community Trail system and Miller Park • • EXHIBIT - A C,D, E, F,G -175 CONTINUANCE OF PUBLIC HEARING At its regular meeting held on March 23, 2011, the Rancho Cucamonga Planning Commission continued the following item(s) to its meeting to be held on April 27, 2011. DEVELOPMENT CODE AMENDMENT DRC2010-00724 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.08.90.C.16 (Single-Family Development) by adding a general design guideline for single-story homes in new single-family developments within the Residential Development Districts. The project qualifies under State CEQA Guideline Section 15061(b)(3) because the proposed amendment is to add a design guideline and will not result in an intensification of environmental impacts. This item will be forwarded to the City Council for final action. The meeting will be held at 7:00 p.m. in the Council Chambers at the Rancho Cucamonga Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Said continuance was passed by the following vote: Ayes: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY Noes: NONE Absent: NONE Abstain: NONE Date: March 24, 2011 AFFIDAVIT OF POSTING I, Lois J. Schrader, declare as follows: I am the Planning Commission Secretary of the City of Rancho Cucamonga; that at a regular meeting of the Planning Commission of the City of Rancho Cucamonga held on March 23, 2011, said public hearing was opened and continued to the time and place specified in the NOTICE OF CONTINUANCE shown above; and that on March 24, 2011, at the hour of 4:00 p.m., a copy of said notice was posted in a conspicuous place near the door in which said meeting was held. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 24, 2011, at Rancho Cucamonga, California. nrc—C ,41 Lois J. Sc fsder Planning Commission Secretary SIGN-IN SHEET PLANNING COMMISSION MEETING M tI C,H' 2312011 NAME COMPANY ADDRESS ikUtat-Da Oa? u,,,vp ?God m &it„,t,677-6--s-r- et_ (9= hook) ICEvN Rev K fj4 Oilzrumrsevi Gt �zCz tr(n �e � I\ t n � !c"d-�-• S,a — L M,) n fth2e/Aezpr(• /7745 fey/4> 4ve. , /7Uµ/&C.r 726i4- MrCN/m 571 , ,r P4Kac 04rumD ep s 3 S 3 , Gz o„tc. -16e 30 L-4, c4 ,co7f 8eCO a-et C°/e, Vice Chairman Howdyshell asked if the station will include diesel fuel and how many property owners were notified. Mr. Smith said the pumps shown on the plans indicate diesel fuel will be available and 432 property owners were notified Commissioner Fletcher asked why the DRC recommended a horizontal healy tank instead of the vertical mount tank. Mr. Smith said the vertical tanks project above ground and are not visually appealing: He said the healy tank could be screened better. Chairman Munoz confirmed that the decision was for aesthetic reasons. Commissioner Oaxaca asked for clarification regarding Engineering Condition#3. He asked if the study related to the installation of a signal specifically looked at truck deliveries and pedestrian safety. He said he would like an understanding of the threshold and if it was met by the study. CDan James, Senior Civil Engineer said the study evaluated the traffic counts, it did cross the threshold, therefore, the signal is being required. He said the study did not evaluate the truck deliveries. Chairman Munoz asked if the applicant was present. .Rick Manners of Lewis Retail centers said the center is old, it has been refreshed with bold colors, Ralphs remodeled their store and the new exterior attracted new tenants. He said the fuel center would help them be more competitive. He said the design team did a great job. Erica Skeie thanked Mr. Smith and noted that he covered the issues well. She said Ralphs has 900 fuel stations nationwide and they believe this is a good fit in the community. She said the fuel program includes rewards, points, and discounts and they will offer a good price for all 5 dispensers. He said there will be only 1 canopy, no convenience store, and they will have monitored security. He said they worked with City staff at the neighborhood meeting. He said with respect to traffic and pedestrian protection;they went back and performed a traffic study whereby the numbers came in to warrant the signal. He said they agreed to do it and it will reduce the concern of fast traffic on Valencia and provide a safe crossing for pedestrians. He noted that the air quality study indicates the risks are well below their thresholds. He said for deliveries they will enter at the Valencia driveway and exit to Base Line Road. He said the fuel center is appropriately located in a commercial center. He said they accept the Conditions of Approval for the project. Commissioner Fletcher asked if the pricing will be competitive with Costco. Ms. Skeie said she did not know but it earns the customer points. She said if the Rewards card is used in the store it discounts the gas. Commissioner Fletcher asked if the customer can pay at the pump or at a kiosk. Ms. Skeie said that is correct. • Commissioner Oaxaca observed that it could take a single trip to take care of 2 items of business(food shopping and get gas). He asked if Ms. Skeie had any idea of how often that would take place. Planning Commission Minutes -4- March 9, 2011 _Xe.c o, Cep y It March 22, 2011 B 1 B • Chairman Lou Munoz Baldy View Chapter City of Rancho Cucamonga 10500 Civic Center Drive Building Industry Association Rancho Cucamonga, CA 91729-0807 of Southern Cal ifnrnia.Inc. 8711 Monroe Court,Suite B • RE: Rancho Single Story Ordinance ancho C 91730 a. California 91730 ph 909.945.1884 fx 909.948.9631 www.biabuild.com • Dear Chairman Munoz and the Planning Commission: The Building Industry Association appreciates the time and attention that the Planning Commission, City Council and City staff have given the proposed changes to the design guidelines in the City. We have reviewed the proposed development code change, and we met with James Troyer and his planning staff earlier this week. We raised some concerns about the proposed adjustment with City staff, and as such, we respectfully request a 30 day continuance on this item. Specifically, we have the following comments regarding the policy: First, we urge the Planning Commission to limit the policy to subdivisions with larger lots. Single story plans on a 4,000 or 5,000 square foot lot will minimize the usable rear yards. The proposal at most should apply to 7,200 SF lots and above. Projects with lot sizes below 7,200 square feet and specific plans should continue to use the current guidelines. We would also recommend that the proposal include language that gives the builder flexibility to mitigate with a master down or providing a 1.5 story floor plan. Finally, we would appreciate further clarification on how the Planning Commission will consider reductions to the single story requirements based on circumstances as outlined in the proposed development code. As you know, the proposal states, "The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size and topography."As stated, we are concerned that the Planning Commission will take a hard-line on the 25% guideline in all cases, regardless of a particular project's circumstances if the development code is amended as proposed. In light of our concerns,we respectfully request your consideration of a 30 day continuance on this matter.Thank you in advance for your consideration, and we look forward to working with you on this item. Please feel free to contact me or my colleague Jeff Simonetti at 909-945-1884 if you have any questions or comments about our letter. Respectfully, (.2d.R4-(.40, Carlos Rodriguez Chief Executive Officer, 131A 13aldy View Chapter CC: Mayor L. Dennis Michael, Jack Lam, James Troyer An Affiliate of the National Association of Home Builders and the Ciditinrnia BuilJine Industry Association A /Spec oace 0,7 PARKER MILLIKEN PARKER,MILLIKEN,CLARK,O'HARA,SAMUELIAN A PROFESSIONAL CORPORATION Direct Dial: (213) 683-6607 MICHAEL W. SHONAFELT E-mail: MSHONAFELT @PMCOS.COM • March 23, 2011 • VIA HAND DELIVERY Members of the Planning Commission • City of Rancho Cucamonga • 10500 Civic Center Drive Rancho Cucamonga, CA 91730 • Re: Foothill & East LLC: Piazza del Vino Commercial Center Dear Chairman Munoz and Members of the Commission: • • This firm represents Etiwanda 21.69 LP ("Etiwanda"), the landowner adjacent to the parcel that is the subject of the above-referenced agenda item seeking approval of multiple land • use entitlement applications for a 61,800 square-foot commercial center on a 6.99-acre parcel approximately 65-feet west of the northwest corner of Foothill Boulevard and East Avenue ("Project"). Etiwanda only recently was able to obtain the staff report for the Project("Staff Report"). Yet, even a preliminary review reveals that the mitigated negative declaration("MND") for the Project falls far short of the legal standard of adequacy. Because the MND is insufficient, any approvals for the Project are rendered void under the California Environmental Quality Act ("CEQA"). 1. The Legal Standard for an Adequate MND. CEQA requires an environmental impact report("EIR") -- not an MND -- when substantial evidence supports a"fair argument"that a project"may"have a significant impact on the environment. (Friends of`B"Street v. City of Hayward(1980) 106 Cal.App.3d 988, 1000- 1003.) Even if other substantial evidence supports the opposite conclusion, the lead agency still must prepare an EIR. (Ibid.) The standard for an EIR therefore is very low; as one court put it, "[t]hese legal standards reflect a preference for requiring an EIR to be prepared." (Mejia v. City of Los Angeles (2005) 130 Cal.App.4'h 322, 332.) In this case, as demonstrated below,the MND either completely fails to address potentially significant environmental impacts, or substantial evidence refutes the MND's findings of"no significant impact." • • • ATTORNEYS AT LAW THIRTIETH FLOOR 555 SO.FLOWER STREET.LOS ANGELES,CA 90071-2440 (213)683-6500 FAX(213)683-6669 W W W.PMCOS.CON • PARKER . MILLIKEN ATTORNEYS AT LAW Members of the Planning Commission March 23, 2011 Page 2 • 2. The MND Is Inadequate as a Matter of Law. (a) Inadequate Traffic and Circulation Impacts Analysis. In a conclusory fashion, the MND simply states "[t]he project will not create a substantial increase in the number of vehicle trips,traffic volume, or congestion at intersections." (Staff Report at p. 89.) The MND presents no analysis of existing levels of service ("LOS")at any intersections or arterials in the area, and therefore provides no baseline for a conclusion of no impact. Without such a baseline analysis, it is impossible for the public to understand the basis for the City's conclusion. In fact, as demonstrated in the City's own Rancho Cucamonga 2010 General Plan Update EIR, existing LOS at nearby intersections are already at unacceptable levels. The nearby intersections of Etiwanda and Arrow Highway currently experience a PM peak hour LOS of"F" -- a condition identified as unacceptable in the City's current traffic management plans. Additionally, East Avenue and Base Line Road currently experience an AM peak hour LOS of "E." Impacts at those intersections will persist and worsen into 2030. Yet, the Project will add 341 two-way peak hour trips and 3,266 total trips to the surrounding street system, adding to what already amounts to unacceptable levels of traffic. In the face of the City's own conclusions presented in its ratified General Plan Update EIR, it finds that this Project's incremental contribution to those impacts will be non-existent. The MND presents no analysis of how the addition of such trips will not affect already unacceptable traffic conditions. It only notes that the Project proponent will pay development impact fees("DIF"). There is no discussion of the amount of DIF fees that will be paid,what projects the fees will subsidize, or whether there is any real chance DIF fees will result in actual mitigation of the Project's impacts. Such findings are necessary for a conclusion that fair share fees will mitigate impacts to a level of insignificance under CEQA. (See,e.g.,Anderson First Coalition v. City of Anderson(2005) 130 Cal.App.4th 1173.) The MND also cites the Project street improvements as a basis for determining no significant traffic and circulation impacts. Yet, it provides no explanation as to how the only street improvements of the project(curb, gutter and sidewalk work)would address impacts resulting from new vehicle trips being added to the street system. (b) No Analysis of Greenhouse Gas Impacts. California law(Senate Bill 97, Chapter 185, 2007) states that greenhouse gas emissions and the effects of greenhouse gas emissions are subject to CEQA review. Accordingly, lead agencies, such as the City, are required to analyze greenhouse gas emissions as an impact under CEQA. The MND presents no analysis of the cumulative effects of the Project in this area. On the traffic front alone, the Project will add approximately 3,266 trips to the City's streets. Additionally, the Project will result in inevitable construction air quality impacts and operational • PARKER MILLIKEN ATTORNEYS AT LAW Members of the Planning Commission March 23, 2011 Page 3 impacts. If the City believes the Project will not result in significant greenhouse gas impacts, it must present the public with its reasoning and analysis. (c) Inadequate Analysis of Air Quality and Nose Impacts. The MND presents only a skeletal analysis of air quality impacts (see discussion on Cumulative Impacts, below). Yet, as the MND observes, a retirement home is located less than a quarter mile away. (See Staff Report at p. 71.) The SCAQMD has identified retirement homes as sensitive receptors and has stated that projects emitting toxic air contaminants within a quarter mile radius may qualify as a significant environmental impact: Notably, diesel particulates are among those toxics considered. A project such as this will necessarily involve use of heavy grading machinery and hauling trucks utilizing diesel fuel and idling diesel engines. The MND presents no study or analysis of the impacts of construction on the nearby sensitive receptors. Nor does the MND proffer any analysis of how the only proposed mitigation measure-- a prohibition on indoor or outdoor wood burning devices-:would address this impact. The MND instead presents a facially illogical argument that"construction activities are not new to the Rancho Cucamonga area and would not violate and Air Quality standard or worsen the existing air quality in the region." (Staff Report at p. 68.) While construction activity may not be new in the City, it defies reason to conclude that such a fact means new construction activity would not add to existing air quality impacts. The MND all but concedes that the boilerplate list of operational measures (Staff Report at p. 70) is not sufficient to mitigate a"significant unavoidable adverse impact" resulting from operational emissions. Notably, construction activities also will likely give rise to ground-borne vibrations which could affect the nearby sensitive receptors. The MND overlooks this potential impact and dismisses it out-of- hand as an improbable operational impact. . (d) Inadequate Analysis of Cumulative Impacts. An EIR must be prepared if the cumulative impact may be significant and the project's incremental effect, though individually limited, is cumulatively considerable. (San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus(1996) 42 Cal.App.4th 608, 623.) As one court put it, "the need for an EIR turns on the impacts of both the project under review and the relevant past,present and future projects." (Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98, 119.) The City's own General Plan Update EIR has identified significant unavoidable cumulative impacts associated with particulate matter (PM10 and PM 2.5). This Project will undoubtedly contribute to that significant cumulative impact. The MND did not analyze, let alone identify, this potential impact. Moreover, by the MND's own admission, the cumulative operational emissions of the project would result in a significant unavoidable impacts. (Staff Report at p. 70.) PARKER MILLIKEN ATTORNEYS AT LAW Members of the Planning Commission March 23, 2011 Page 4 (e) Unlawful Project Segmentation: The.Staff Report describes a project incorporating Etiwanda's parcel to the east, which runs the length of the Project's eastern boundary, and integration of the Project site plan with the parcel to the north. Etiwanda is owner of both the north and east parcels. Etiwanda asserts that the Project proponent, Kamran Benji, failed to engage Etiwanda in good faith discussions that would result in acquisition and inclusion of those adjacent parcels into the Project site plan. The staff report nevertheless identifies the Project as a"gateway"project, located at the eastern entrance of the City. As a"gateway" development, the Project must adhere to the Foothill Boulevard Visual Improvement Plan ("VIP"),which requires certain improvements to be located at the corner of Foothill Boulevard and East Avenue. (Staff Report at p. 4.) CEQA defines "project"to mean the "whole of the action"that may result in either a direct or reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines, § 15378, subd. (a).) Lead agencies are prohibited from splitting a project into two or more segments; this approach ensures that "environmental considerations do not become submerged by chopping a larger project into may little ones, each with a potential impact on the environment, which cumulatively may have disastrous consequences." (Burbank-Glendale- Pasadena Airport Authority v. Hensler(1991) 233 Cal.App.3d 577, 592.) To the extent the City environmental review proceeds on only a part of a larger project, it is subject to a claim that it unlawfully segmented the Project under CEQA. 3. Conclusion. For the above reasons, among others, the MND is fatally flawed. Any approvals based on that MND therefore are subject to challenge as legally invalid and void as a matter of law. Etiwanda reserves the right to supplement the claims presented in this letter in advance of the City Council hearing on the Development Code amendment. Very truly yours, ii Michae W. Shon. - PARKER, MILLIKEN, CLARK, O'HARA & SAMUELIAN MWS/mws cc: Gin Fong, Etiwanda 21.69, LP •ii , .1/41 . 1/4:t1 MN fit C : C,,' 1“,,-4 ••-\\\ ' , t_tzs :1".3. Ir. \.) . rn y,ff Zl .... Im...4 0 ,--■ - - ' --\14,- ,......---:- ,-#-m.4 ‘4N. - IC7 . , • 0 1.—.1 / 1 . 0 0 CA CNI CN1 00 . i . CC,i • .:. C) . _ . 1-6,1 p4 -.... ., . . . . C1 .. . 0 . 1 cz j CA < . . .. . Isk. . . , • ,-1 - o cp , • n N c s::: - - I. ...P--i - • i.. < . •.1-) o • , - • 0 °H. • c) ..., . .,.., „..),,..... . . „ . ■---.4 - (NI . .. . . . .. .. . . p-i-i . e: 1 a . , , ... .• . ia•iz . . . . , , ... ..,„,, :. :;:- 34,, . . it's ,i'::!' i :',, , ' . . r I--e.3,-,;" -• -- :-. '''' ".- - ' ' 'its; 4-")„.. . , ) i . \ ,./,, • rnr. — Prt "I' ,• ' : ; -:, . it .. R T . fJr' y.n.„.... 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E Ct °) o0 w/ �-� OM N o O I , o al v �. • al I H vi y 0 N 4� 01 'N C•1 CU vi vi z len Cld o rn I Ct U O a\ n O itzt N O cc2 - - O 'd c i 4. - �, a •Ca Ctd4 0 Ca • • U U O O Ct E (� 4-i O [-� C:24 , z Cr �t_r�., t •n CID •_ CC3 ¢•I C� �' p O 0 O N t U °s" �q~ A A A A A A ✓ i. , s I M 1 1, Vcf: ..2Ii'l , ', 1 J' , t 5 ff ,, .--; i I \ L . \/1 i 1V E • cn E . . . . .. ... OJ O • . • •_1 up : (,) rti . „ • — , . E cd .. E cA , 0 . - Cl)O A.) .• u as) . , ,.. a ,, . . •:.4,..f. rinct_r.,-. ....... . . Q nT ea r k lit LS.; . * ai Ralif'Ate RESOLUTION NO. 11-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. DRC2009-00842, FOR THE DEVELOPMENT OF A 61,800 SQUARE FOOT MULTI-TENANT COMMERCIAL CENTER WITH A DRIVE-THRU AND THE RELATED TREE REMOVAL PERMIT 00043, LOCATED 65 FEET WEST OF THE NORTHWEST CORNER OF FOOTHILL BOULVARD AND EAST AVENUE IN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4) IN THE COMMUNITY COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF —APN's: 1100-201-03 AND 07. A. Recitals. 1. Kamran Benji filed applications for the approval of Development Review DRC2009-00842, - : • - .- - . - _ . . . . . . ... ... . • •• - 00043 as described in the title of this Resolution. Hereinafter in this Resolution, the subject referred to as "the application." 2. On the 23rd day of March 2011, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting 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 meeting on March 23, 2011, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to the property located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue with a street frontage of 638 feet and lot depth of 510 feet and is presently vacant with a water facility operated by the Cucamonga Valley Water District near the northwest corner of the property. The site contains a diminished grove of Eucalyptus camaldulensis trees; and b. The property to the north of the subject site is vacant land zoned Community Commercial,the property to the south consists of multi-family residences in the Medium Residential District , the property to the west is a Southern California Edison Utility Corridor in the Open Space District and all of these properties are located within the Foothill Boulevard Specific Plan (Subarea 4), and the properties to the east are single-family residences located within the City of Fontana; and �', P, I 6 Qaye-s• l ° 2 /i9 PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 2 • c. The applicant has concurrently applied for a Conditional Use Permit for the development of the site with a drive-thru and a Development Code Amendment to amend the current text in Development Code Section 17.32.080 (D) (6)(c)to allow removal and replacement of the grove of trees on the 6.99 acre sit-, - - _ • _ _e - • - •e - = ' = (DRC2009 00861) that will be contingent on the final approval of the Development Code Amendment (DRC2010 00562) at City Council; and d. Approval of the application and the related Conditional Use Permit will be contingent on the final approval of the Development Code Amendment(DRC2010-00562)at City Council; and e. The property is located within the Foothill Boulevard Visual Improvement Plan (VIP), which provides specific right-of-way design concepts that need to be installed as part of the project. In the General Plan and the VIP the site is considered a gateway property and provides Entry Monument designs that span the width of Foothill Boulevard; and f The project design meets or exceeds the Foothill Boulevard Specific Plan Development standards for setbacks, building separations, and design; and g. The design and exterior materials of the winery themed shopping center includes the use of high quality plaster (stucco), decorative stone veneer, decorative metal grills, two-piece mission style tile roofing, decorative wood doors, wood trellises, and wood corbel roof supports, thereby providing 360-degree architectural treatment, a goal of the General Plan and Development Code. 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 by providing a commercial shopping center that serves the neighboring communities and provides safe and convenient pedestrian environments and access through building orientation, site layout and traffic management; and b. The proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located because the site is zoned Community Commercial within the Foothill Boulevard Specific Plan and a retail shopping center is a desirable development in this Development District; and c. The proposed use is in compliance with each of the applicable provisions of the Development Code by meeting or exceeding the Foothill Boulevard Specific Plan Development standards for setbacks, building separations, height and design of the project; and d. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, or materially injurious to properties or improvements in the vicinity; and e. The proposed project is consistent with the Foothill Boulevard, Route 66, Visual Improvement Plan (VIP), in that it incorporates the required design elements. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 3 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, 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 decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) Approval of Development Review DRC2009-00842, Tree-Removal 00043-are for the site plan, exterior building and cignago design, and landscaping for the 61,800 square foot retail shopping center project at the subject site located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue. Plans submitted for PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 4 plan check shall conform to the plans approved by the Design Review Committee on February 1st and 15th, 2011, and final Planning Commission approval on March 23, 2011. 2) Final project approval for Development Review DRC2009-00842,Tree shall be contingent upon the City Council approval of the associated Development Code Text Amendment (DRC2010- 00562) for Section 17.32.080(D)(6)(c) of the Rancho Cucamonga Development Code; to allowing the removal and replacement of the grove of 123 trees on the subject site;and the removal of the 20-foot wide greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park.. 3) Final approval of Tree Removal Permit DRC2000 00861 shall be Text (DRC2010 00562) for Section 17.32.080(D)(6)(c) of the Rancho Cucamonga Development Code, allowing the removal and replacement of the grove of trees on the subject cite and the removal - - -- - - - -- - - - - -- the site for future connection to tho Community Trail System and Carcia Park. The approval will be for the removal of all 123 trees on on the conceptual Landscape Plan. 4) All above ground backflow devices and double detector check valves shall be screened from view per the City's approved screening policy. 5) Uniform Sign Program DRC2011 00043 is hereby approved for the 6) No exterior changes to the design of the project, including exterior materials, or site plan changes shall be permitted without prior City review and approval. Engineering Department 1) Install Foothill Boulevard frontage improvements in accordance with City "Major Divided Highway" standards, from Cornwall Avenue to East Avenue, as required and including: a. Provide curb and gutter, sidewalk, street trees (along development frontage only), 16,000 Lumens HPSV street lights, commercial drive approaches, access ramps at intersections, R26(s) "No Stopping" signs and asphalt pavement, on the north side. Join existing improvements installed as part of Tract 16882. b. Provide 47 feet from street centerline to north curb face, except bus bay (additional 11 feet). PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI • March 23, 2011 Page 5 c. Provide a westbound bus bay/right turn lane for easterly driveway and no right turn lane for westerly driveway on Foothill Boulevard. d. Revise traffic signing and striping, as required. • e. Provide an "In Only" left turn lane on Foothill Boulevard at the westerly driveway. This left turn lane shall be 250 feet in length, which may require extending median further west to centerline of the combined easements for MWD, SCE and the Gas Company to the west and east of the east site boundary. Left turn from driveway to eastbound Foothill Boulevard will not be allowed. f. Relocate existing median monument and extend pavers across the left turn lane. g. Proposed median monument shall not exceed 5-foot 2-inches in width and must comply with the City Line of Sight criteria. h. Dedication shall be made on Foothill Boulevard, a minimum of 60 feet, measured from street centerline. Additional street right-of-way shall be dedicated along bus bay, to provide a minimum of 7 feet measured from the face of the curb. i. Easement for public sidewalks placed outside the public right-of-way shall be dedicated to the City. j. Transition the proposed curb and gutter to the modified curb return at East Avenue as much as possible within existing rights-of-way. • k. Developer may request a reimbursement agreement to recover costs of permanent offsite improvements from future developer of the adjacent property, west of the centerline of the combined easements for MWD, SCE and the Gas Company to the west and east of the east site boundary. If the developer fails to submit for said reimbursement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 2) Modify existing traffic signal at Foothill Boulevard and East Avenue,to the satisfaction of the City Engineer. 3) Reconstruct Foothill Boulevard Median Island including landscaping and irrigation per City Drawing No. 2255-L. a. Revise Drawing. No's. 2255 and 2255-L to show the proposed median opening, median monument relocation and left turn lane with westerly median extension as needed. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 6 b. Extend the existing pavers up to the new median left turn curb. c. Since median has been constructed by others, developer shall pay their fair share which is half the actual costs. 4) The Foothill Boulevard frontage shall be designed in accordance with the City adopted Foothill Boulevard Historic Route 66 Visual Improvement Plan including street lights. This VIP designates trees, pedestrian crossings at intersections, featuring colored pavement emblazoned with the Route 66 logo, special sidewalk treatments, artwork and a historic post and a cable roadway safety barrier. Said enhancements within the parkway area shall be maintained by the developer and shall be included in the CC & R's. 5) Revise Drawing No. 2255-D to show proposed lateral and catch basin in Foothill Boulevard and junction structure for private storm drain connection. 6) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Foothill Boulevard shall be undergrounded from the first pole offsite east of East Avenue to the first pole offsite west of the westerly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. All service utility lines crossing Foothill Boulevard shall be undergrounded too. The developer cannot request a reimbursement agreement to recover one-half the City adopted cost for undergrounding, Instead the City shall provide a portion of collected monies from the developer to the south, DRC2006-00540, paid for as an in-lieu fee for future undergrounding of said overhead utilities. a. Relocation of 66KV power poles by Southern California Edison Company if necessary shall be paid for and coordinated by the developer on Foothill Boulevard and East Avenue. 7) The development requires installation of fiber optics conduits, vaults, and manholes per City Standard Plans 135-137 on Foothill Boulevard. 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. 8) The site is located within Area 8 (modified) of the Etiwanda/San Sevaine Area Drainage Policy. Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted drainage fee (Master Plan and Regional) as well as reimbursement to other development, or the City, for over sizing of local drainage facilities as determined by the City Engineer. City fees shall be paid prior to first building permit. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 7 a. For the Middle Etiwanda Drainage Area, the Master Plan Drainage fee is $31,380.00 per net acre. Fees are subject to periodic review and increase. b. For Drainage Area 8, the Regional Mainline Drainage fee is $7,800.00 and there is no Secondary Regional Fee. Fees are subject to periodic review and increase. 9) Permits shall be obtained from the following agencies for work within their right-of-way, prior to issuance of building permits: Southern California Edison Company, Southern California Gas Company and Cucamonga Valley Water District. a. Provide Cucamonga Valley Water District access to their property as well as Southern California Edison Company and Southern California Gas Company. 10) Provide reciprocal access easements in favor of property to the north, prior to issuance of building permits. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 8 • 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. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB]) daily to reduce PKo emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM,() emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) Projects shall be developed under the adopted 2010 General Plan Update implementing the following measures, derived from the SCAQMD's AQMP, where feasible, in order to reduce criteria air pollutant emissions, primarily related to vehicular travel and energy. Potential measures for consideration in future projects include: • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 9 • Provide preferential parking to high occupancy vehicles and shuttle services. • Schedule truck deliveries and pickups during off-peak hours. • Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. • Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. • Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 11) 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). 12) All industrial and commercial facilities shall designate preferential parking for vanpools. 13) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. 14) 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. 15) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 16) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 17) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008, to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices(i.e., fireplaces/hearths) in new development on or after March 9, 2009. Biological Resources 1) The removal of any Heritage Trees from the site shall require a one-to-one replacement of the trees with a similar type 15-gallon species. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 10 Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities,to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of • archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the archaeological heritage of the area. • 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 paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate,the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 11 • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 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 PM1p emissions from the site during such episodes. 4) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM10 emissions. Hydrology and water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval,a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 12 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 Madole and Associates June 14, 2010, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping Plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a. project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any Grading Plans a construction-related Noise Mitigation Plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 13 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 in which it 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 Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) The perimeter block wall shall be constructed as early as possible in first phase. 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site),then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2011. PLANNING COMMISSION RESOLUTION NO. 11-14 DEVELOPMENT REVIEW DRC2009-00842 - KAMRAN BENJI March 23, 2011 Page 14 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Luis Munoz, Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Red/Ale /,/OQS/v n/ RESOLUTION NO. 11-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,APPROVING CONDITIONAL USE PERMIT NO. DRC2009-00843, FOR THE CONSTRUCTION OF A 61,800 SQUARE FOOT MULTI-TENANT COMMERCIAL CENTER WITH A DRIVE-THRU AND THE RELATED TREE REMOVAL PERMIT DRC2009-00861 TO ALLOW THE REMOVAL AND REPLACEMENT OF 123 EUCALYPTUS TREES AND UNIFORM SIGN PROGRAM DRC2011- 00043, LOCATED 65 FEET WEST OF THE NORTHWEST CORNER OF FOOTHILL BOULVARD AND EAST AVENUE IN THE FOOTHILL BOULEVARD SPECIFIC PLAN (SUBAREA 4) IN THE COMMUNITY COMMERCIAL DISTRICT; AND MAKING FINDINGS IN SUPPORT THEREOF —APN's: 1100-201-03 AND 07. A. Recitals. 1. Kamran Benji filed an application for the issuance of Conditional Use Permit DRC2009-00843,Tree Removal Permit DRC2009-00861,and Uniform Sign Program DRC2011- 00043 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit applications are collectively request is referred to as The application." 2. On the 23rd day of March 2011, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 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 March 23,2011, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to the property located approximately 65 feet west of the northwest corner of Foothill Boulevard and East Avenue with a street frontage of 638 feet and lot depth of 510 feet and is presently vacant with a water facility operated by the Cucamonga Valley Water District near the northwest corner of the property and contains a diminished grove of Eucalyptus camaldulensis; and b. The property to the north of the subject site is vacant land zoned Community Commercial, the property to the south consists of multi-family residences in the Medium Residential District, the property to the west is a Southern California Edison Utility Corridor in the Open Space District and all of these properties are located within the Foothill Boulevard Specific Plan (Subarea 4), and the properties to the east are single-family residences located within the City of C7 1� F F (- / 2JceS' X38 - /STo PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 2 Fontana; and c. The applicant has concurrently applied for a Development Review (DRC2009-00842) for the development/ design of the site, a Tree Removal Permit •• - - • • - - •• 9 - - ! ! f • . - • • • - - - - . • • : , and a Development Code •• . . . . . . . . . . .•. . . . Amendment(DRC2010-00562)to amend the current text in Development Code Section 17.32.080 (D)(6)(c) to allow removal and replacement of the grove of trees on the 6.99 acre site and the removal of the 20-foot wide Greenway connection near the northwest corner of the site for future connection to the Community Trail System and Miller Garcia Park, a Uniform Sign Program, and a - - - - --- - - -- - - -- - - - - - - - - • e - --- . . . - - • • •.-' - _ , . . .• ; and d. Approval of the application and the related Development Review,Tree - - - - • will be contingent on the final approval of the Development Code Amendment(DRC2010-00562) at City Council; and e. The property is located with in the Foothill Boulevard Visual Improvement Plan (VIP), which provides specific right-of-way design concepts that need to be installed as part of the project. In the General Plan and the VIP the site is considered a gateway property and provides Entry Monument designs that span the width of Foothill Boulevard; and f. The project design meets or exceeds the Foothill Boulevard Specific Plan Development standards for setbacks, building separations, and design; and 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in Paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan by encouraging the creation of retail destinations to provide a range of amenities and high-quality development to adequately meet the needs of the growing population base. The objectives of the Development Code and the purposes of the Development District in which the site is located are met by processing this Conditional Use Permit which is required in the Development Code. b. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety,welfare, or materially injurious to properties or improvements in the vicinity. c. The proposed use complies with each of the applicable provisions of the Development Code by meeting or exceeding the Foothill Boulevard Development Districts development standards for setbacks, building separations, height and design of the project. 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: PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 3 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, 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 decision is based is the Planning Director of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Department 1) This approval is for Conditional Use Permit DRC2009-00843 for the construction a 61,800 square foot multi-tenant retail shopping center with a drive—thru on Pad A at the subject site and for Tree Removal Permit DRC2009-00861, and Uniform Sign Program DRC2011- 00043 for signage design. Plans submitted for plan check shall conform to the plans approved by the Design Review Committee on February 1st and 15th, 2011, and final Planning Commission approval on March 23, 2011. 2) No exterior changes to the design of the project, including exterior materials, or site plan changes shall be permitted without prior City review and approval. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 • Page 4 3) Approval of Conditional Use Permit DRC2009-00843, Tree Removal Permit DRC2009-00861, and Uniform Sign Program DRC2011- 00043shall be contingent upon the City Council's approval of the associated Development Code Text Amendment(DRC2010-00562)for Section 17.32.080(D)(6)(c) of the Rancho Cucamonga Development Code to allowing the removal and replacement of the grove of 123 trees on the subject site;and the removal of the 20-foot wide greenway connection near the northwest corner of the site for future connection to the Community Trail System and Garcia Park. 1) Final approval of Trcc Removal Permit DRC2000 00861 shall be Text (DRC2010 00562) for Section 17.32.080(D)(6)(c) of the Rancho Cucamonga Development Code, allowing the removal and replacement of the grove of trees on the subject site and the removal the cite for future connection to the Community Trail System and 5) All above ground backflow devices and double detector check valves shall be screened from view per the City's approved screening policy. 6) Uniform Sign Program DRC2011 00013 is hereby approved for the, Engineering Department 1) Install Foothill Boulevard frontage improvements in accordance with City "Major Divided Highway" standards, from Cornwall Avenue to East Avenue, as required and including: a. Provide curb and gutter, sidewalk, street trees (along development frontage only), 16,000 Lumens HPSV street lights, commercial drive approaches, access ramps at intersections, R26(s) "No Stopping" signs and asphalt pavement, on the north side. Join existing improvements installed as part of Tract 16882. b. Provide 47 feet from street centerline to north curb face, except bus bay (additional 11 feet). c. Provide a westbound bus bay/right turn lane for easterly driveway and no right turn lane for westerly driveway on Foothill Boulevard. • d. Revise traffic signing and striping, as required. e. Provide an "In Only" left turn lane on Foothill Boulevard at the PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 5 westerly driveway. This left turn lane shall be 250 feet in length, which may require extending median further west to centerline of the combined easements for MWD, SCE and the Gas Company to the west and east of the east site boundary. Left turn from driveway to eastbound Foothill Boulevard will not be allowed. f. Relocate existing median monument and extend pavers across the left turn lane. g. Proposed median monument shall not exceed 5-foot 2-inches in width and must comply with the City Line of Sight criteria. h. Dedication shall be made on Foothill Boulevard, a minimum of 60 feet, measured from street centerline. Additional street right-of-way shall be dedicated along bus bay, to provide a minimum of 7 feet measured from the face of the curb. i. Easement for public sidewalks placed outside the public right-of-way shall be dedicated to the City. j. Transition the proposed curb and gutter to the modified curb return at East Avenue as much as possible within existing rights-of-way. k. Developer may request a reimbursement agreement to recover costs of permanent offsite improvements from future developer of the adjacent property, west of the centerline of the combined easements for MWD, SCE and the Gas Company to the west and east of the east site boundary. If the developer fails to submit for said reimbursement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 2) Modify existing traffic signal at Foothill Boulevard and East Avenue, to the satisfaction of the City Engineer. 3) Reconstruct Foothill Boulevard Median Island including landscaping and irrigation per City Drawing No. 2255-L. a. Revise Drawing. No's. 2255 and 2255-L to show the proposed median opening, median monument relocation and left turn lane with westerly median extension as needed. b. Extend the existing pavers up to the new median left turn curb. c. Since median has been constructed by others, developer shall pay their fair share which is half the actual costs. 4) The Foothill Boulevard frontage shall be designed in accordance with PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 6 the City adopted Foothill Boulevard Historic Route 66 Visual Improvement Plan including street lights. This VIP designates trees, pedestrian crossings at intersections, featuring colored pavement emblazoned with the Route 66 logo, special sidewalk treatments, artwork and a historic post and a cable roadway safety barrier. Said enhancements within the parkway area shall be maintained by the developer and shall be included in the CC & R's. 5) Revise Drawing No. 2255-D to show proposed lateral and catch basin in Foothill Boulevard and junction structure for private storm drain connection. 6) The existing overhead utilities (telecommunications and electrical, except 66 KV) on the project side of Foothill Boulevard shall be undergrounded from the first pole offsite east of East Avenue to the first pole offsite west of the westerly project boundary, prior to public improvement acceptance or occupancy whichever occurs first. All service utility lines crossing Foothill Boulevard shall be undergrounded too. The developer cannot request a reimbursement agreement to recover one-half the City adopted cost for undergrounding, Instead the City shall provide a portion of collected monies from the developer to the south, DRC2006-00540, paid for as an in-lieu fee for future undergrounding of said overhead utilities. a. Relocation of 66KV power poles by Southern California Edison Company if necessary shall be paid for and coordinated by the developer on Foothill Boulevard and East Avenue. 7) The development requires installation of fiber optics conduits, vaults, and manholes per City Standard Plans 135-137 on Foothill Boulevard. 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. 8) The site is located within Area 8 (modified) of the Etiwanda/San Sevaine Area Drainage Policy. Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted drainage fee (Master Plan and Regional) as well as reimbursement to other development, or the City, for over sizing of local drainage facilities as determined by the City Engineer. City fees shall be paid prior to first building permit. a. For the Middle Etiwanda Drainage Area, the Master Plan Drainage fee is $31,380.00 per net acre. Fees are subject to periodic review and increase. b. For Drainage Area 8, the Regional Mainline Drainage fee is $7,800.00 and there is no Secondary Regional Fee. Fees are subject to periodic review and increase. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 7 9) Permits shall be obtained from the following agencies for work within their right-of-way, prior to issuance of building permits: Southern California Edison Company, Southern California Gas Company and Cucamonga Valley Water District. a. Provide Cucamonga Valley Water District access to their property as well as Southern California Edison Company and Southern California Gas Company. 10) Provide reciprocal access easements in favor of property to the north, prior to issuance of building permits. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers'specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits,the developer shall submit Construction Plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that low-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District (SCAQMD) as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high-volume, low-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in SCAQMD Rule 1108. 5) All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: • Reestablish ground cover on the construction site through seeding and watering. • Pave or apply gravel to any on-site haul roads. • Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. • PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 8 • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. • Suspend grading operations during high winds(i.e.,wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and Regional Water Quality Control Board [RWQCB)) daily to reduce PM,o emissions, in accordance with SCAQMD Rule 403. 7) Chemical soil-stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PKo emissions. 8) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 10) Projects shall be developed under the adopted 2010 General Plan Update implementing the following measures, derived from the SCAQMD's AQMP, where feasible, in order to reduce criteria air pollutant emissions, primarily related to vehicular travel and energy. Potential measures for consideration in future projects include: • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. • Provide preferential parking to high occupancy vehicles and shuttle services. • Schedule truck deliveries and pickups during off-peak hours. • Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 9 • Landscape with native and/or drought-resistant species to reduce water consumption and to provide passive solar benefits. • Provide lighter color roofing and road materials and tree planning programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. 11) 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). 12) All industrial and commercial facilities shall designate preferential parking for vanpools. 13) All industrial and commercial site tenants with 50 or more employees shall be required to post both bus and Metrolink schedules in conspicuous areas. • 14) 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. 15) All residential and commercial structures shall be required to incorporate high-efficiency/low-polluting heating, air conditioning, appliances, and water heaters. 16) All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. 17) All new development in the City of Rancho Cucamonga shall comply with South Coast Air Quality Management District's Rule 445, Wood Burning Devices. Rule 445 was adopted in March 2008, to reduce emissions of PM2.5 and precludes the installation of indoor or outdoor wood burning devices(i.e., fireplaces/hearths) in new development on or after March 9, 2009. Biological Resources 1) The removal of any Heritage Trees from the site shall require a one-to-one replacement of the trees with a similar type 15-gallon species. 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: PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 10 • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. • Pursue educating the public about the area's archaeological heritage. • Propose mitigation measures and recommend Conditions of Approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. • Prepare a technical resources management report,documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving. 2) If any paleontological resource (i.e., plant, or animal fossils) are encountered before or during grading, the developer will retain a qualified paleontologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository (i.e., San Bernardino County Museum). • Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 11 Geology and Soils 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB)daily to reduce PM10 emissions, in accordance with SCAQMD Rule 403 or re-planted with drought resistant landscaping as soon as possible. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM,o 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 PM,() emissions. Hydrology and water Quality 1) Prior to issuance of grading permits, the permit applicant shall submit to the Building Official for approval, a Storm Water Pollution Prevention Plan (SWPPP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to reduce pollutants during construction activities entering the storm drain system to the maximum extent practical. 2) An Erosion Control Plan shall be prepared, included in the Grading Plan, and implemented for the proposed project that identifies specific measures to control on-site and off-site erosion from the time ground disturbing activities are initiated through completion of grading. This Erosion Control Plan shall include the following measures at a minimum: a) Specify the timing of grading and construction to minimize soil exposure to rainy periods experienced in Southern California, and b) An inspection and maintenance program shall be included to ensure that any erosion which does occur either on-site or off-site as a result of this project will be corrected through a remediation or restoration program within a specified time frame. 3) During construction, temporary berms such as sandbags or gravel dikes must be used to prevent discharge of debris or sediment from the site when there is rainfall or other runoff. 4) During construction, to remove pollutants, street cleaning will be performed prior to storm events and after the use of water trucks to control dust in order to prevent discharge of debris or sediment from the site. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043 — KAMRAN BENJI March 23, 2011 Page 12 5) The developer shall implement the BMPs identified in the Water Quality Management Plan prepared by Madole and Associates June 14, 2010, to reduce pollutants after construction entering the storm drain system to the maximum extent practical. 6) Landscaping Plans shall include provisions for controlling and minimizing the use of fertilizers/pesticides/herbicides. Landscaped areas shall be monitored and maintained for at least two years to ensure adequate coverage and stable growth. Plans for these areas, including monitoring provisions for a minimum of two years, shall be submitted to the City for review and approval prior to the issuance of grading permits. 7) Prior to issuance of building permits, the applicant shall submit to the City Building Official for approval of a Water Quality Management Plan (WQMP), including a project description and identifying Best Management Practices (BMPs) that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga in June 2004. 8) Prior to issuance of grading or paving permits, the applicant shall . obtain a Notice of Intent(NOI)to comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permit from the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number)shall be submitted to the City Building Official for coverage under the NPDES General Construction Permit. Noise 1) Prior to the issuance of any Grading Plans a construction-related Noise Mitigation Plan shall be submitted to the City for review and approval. The Plan shall depict the location of the construction equipment and how the noise from this equipment would be mitigated during construction. 2) 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 in which it 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. PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 13 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 Building Official. Said consultant shall report their findings to the Building Official within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Building Official. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 5) The perimeter block wall shall be constructed as early as possible in first phase. 6) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips(counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF MARCH 2011. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY: Luis Munoz, Jr., Chairman ATTEST: James R. Troyer, AICP, Secretary I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 23rd day of March 2011, by the following vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: PLANNING COMMISSION RESOLUTION NO. 11-15 CONDITIONAL USE PERMIT DRC2009-00843, TREE REMOVAL PERMIT DRC2009-00861, UNIFORM SIGN PROGRAM DRC2011-00043— KAMRAN BENJI March 23, 2011 Page 14 ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ■ � � t